# LEXVISA > LEXVISA is a leading UK law firm division of SRA-regulated solicitors specializing in UK visas, business and personal immigration, and judicial reviews. LEXVISA is the dedicated immigration law division of DJF Solicitors, a fast-growing, SRA-regulated national law firm headquartered in Central London. Backed by fully qualified solicitors and barristers, LEXVISA maintains a premier track record in high-quality UK Visas & Immigration (UKVI) applications. The firm provides fixed-fee tailored expertise spanning corporate business sponsor licences, work visas, EEA applications, global talent routes, and complex immigration appeals or judicial reviews - Brand: LEXVISA, LEXVISA Immigration Solicitors, DJF Solicitors, immigrationandvisasolicitors.co.uk, Lex Visa --- # We’re ⭐⭐⭐⭐⭐ rated for UK Immigration & Visa Legal Advice Source: https://immigrationandvisasolicitors.co.uk/ [![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/LEXLAW-Media-Appearances-Logo-Panel-Solicitors-London-UK.png)](https://immigrationandvisasolicitors.co.uk/media-appearances/)***Our UK Lawyers regularly feature in national and international TV and Newspapers.*** Five-Star rated because we have a proven track-record and methodology by which we make high quality and successful [UK Visa & Immigration](https://www.gov.uk/government/organisations/uk-visas-and-immigration) applications. We can even reverse negative [Home Office](https://www.gov.uk/government/organisations/home-office) decisions. Just get in touch with your case details on [+442030110276](tel:+442030110276) to book a discounted fixed fee conference for £250 which covers and initial meeting advice from an immigration solicitor or barrister. We're the immigration law division of DJF Solicitors, a leading national UK law firm headquartered in Central London with offices in 7 nationwide locations, including London, Manchester, Birmingham and Bristol. [![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/whatsapp-logo-png_LEXLAW_SOLICITORS_BARRISTERS_LONDON_UK.webp)](https://api.whatsapp.com/send?phone=447721000718&text=Hi%2C%20I%20visited%20www.lexvisa.co.uk%20and%20need%20UK%20Immigration%20Visa%20legal%20advice%20from%20a%20solicitor.%20I%20understand%20that%20you%20can%27t%20provide%20any%20free%20legal%20advice.%20My%20case%20details%20are%3A) ## UK’s #1 UK Immigration Solicitors & Barristers. Unlike some practices, we have qualified practising solicitors and barristers regulated by the [Solicitors Regulation Authority](https://www.sra.org.uk/) or the [Bar Standards Board](https://www.barstandardsboard.org.uk/) and our firm is authorised and regulated by the SRA. As a consequence, we operate by legally enshrined rules on client confidentiality which apply only to solicitors. Let our qualified immigration experts handle your matter because we: - reduce application failure risk from attempting to manage and understand complex immigration legal rules and UK Visa requirements yourself; - provide expert assistance and advice which can obtain an optimal result; and - as dedicated specialists we can get a faster stress-free solution to your UK immigration problem. #### TIER 2/4 VISA 466348Total Tier 2 & Tier 4 Visas Granted (Sept 2019) #### SPONSORS 31805Business Sponsor Licences (Oct 2020) #### COS CERTS 2000Available COS Sponsorship Certificates (July 2020) #### TIER 4 1147Tier 4 Education Sponsors (Oct 2020) ## Experienced UK Visa Legal Professionals ![National law firm](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2016/01/world_logo_png-150x150.png) ##### National law firm We're expert immigration lawyers with a HQ in London - part of one of the fastest growing law firms in the UK. [About](https://immigrationandvisasolicitors.co.uk/about-us/)![visa specialists](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/visa-stamp-istock-457424879-150x150.jpg) ##### visa specialists 100% Track record of success - preparing UKVI immigration applications to the highest standard. [#1 Experts](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/)![authorised](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/CampaignLawSocietyEnglandWales.jpg) ##### authorised Our team comprises fully qualified solicitors & barristers with years of experience at the highest levels of immigration law. [Regulated](https://www.sra.org.uk/) ## United Kingdom Immigration & Visa Law Experts Our immigration solicitors & barristers provide 100% up to date legal advice on the fast-changing UK immigration rules. [Get in touch](https://immigrationandvisasolicitors.co.uk/contact-us/) and we'll help you achieve a successful UK immigration outcome. ☎[+442030110276](tel:+442030110276) | ✉[ immigration@djfsolicitors.co.uk](mailto:immigration@djfsolicitors.co.uk) ## Business Immigration *Our [business visa lawyers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) have expertise in:* - [Innovator Founder Visa](https://immigrationandvisasolicitors.co.uk/business-work-points-cos-employer-sponsor-licence-ukvi-pbs/tier-1-innovator-visa-for-entrepreneurs/) - [Tier 1 Investor Visa](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) - [Tier 1 Start-Up visa](https://immigrationandvisasolicitors.co.uk/tier-1-start-up-new/) - [Tier 1 Exceptional Talent Visa](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-settlement/) - [Tier 1 Global Talent Visa](https://immigrationandvisasolicitors.co.uk/business-work-points-cos-employer-sponsor-licence-ukvi-pbs/global-talent-visa/) - [Tier 2 Sponsor Licence](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) - [Tier 2 General Visa](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) - [Tier 2 Intra Company Transfer (ICT) Visa](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) - [Tier 2 Sports Person Visa](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) - [Student Visa](https://immigrationandvisasolicitors.co.uk/student-visa-sponsor-licence/) - [(Child) Student Visa](https://immigrationandvisasolicitors.co.uk/student-visa-sponsor-licence/) - [Points-Based System Dependant Visa](https://immigrationandvisasolicitors.co.uk/points-based-system-dependant-visa/) - [Turkish Business Person Visa](https://immigrationandvisasolicitors.co.uk/ankara-agreement-turkish-nationals/) - [Sole Representative Visa](https://immigrationandvisasolicitors.co.uk/sole-representative-visa/) - [Domestic Worker Visa](https://immigrationandvisasolicitors.co.uk/domestic-worker-visa-application/) - [Immigration ](https://immigrationandvisasolicitors.co.uk/immigration-asylum-appeal/)[Appeal](https://immigrationandvisasolicitors.co.uk/immigration-appeal-admin-review/) - [Administrative Review](https://immigrationandvisasolicitors.co.uk/immigration-appeal-admin-review/) - [Immigration Judicial Review](https://immigrationandvisasolicitors.co.uk/immigration-judicial-review/) ## Personal Immigration *Our [personal visa lawyers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are experts in:* - [Fee Status Appeals](https://immigrationandvisasolicitors.co.uk/business-work-points-cos-employer-sponsor-licence-ukvi-pbs/fee-status-appeals/) - [Fiancé / Fiancée Visa](https://immigrationandvisasolicitors.co.uk/uk-fiance-marriage-visa/) - [Spouse Visa / Civil Partnership Visas](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) - [Unmarried Partner Visas](https://immigrationandvisasolicitors.co.uk/uk-unmarried-partners-de-facto-visa/) - [Parent of a British Child Visas](https://immigrationandvisasolicitors.co.uk/parent-of-a-british-child-visa/) - [Child of a British Parent Visas](https://immigrationandvisasolicitors.co.uk/success-british-registration-application/) - [Adult Dependant Relative Visas](https://immigrationandvisasolicitors.co.uk/uk-dependant-relative-visa/) - [Ancestry Visas](https://immigrationandvisasolicitors.co.uk/uk-ancestry-visa-ukvi/) - [Indefinite Leave to Remain / Settlement Applications](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) - [Naturalisation Applications](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) - [British Citizenship by Descent Applications](https://immigrationandvisasolicitors.co.uk/british-parents-register-as-british-citizen/) - [EEA - Residence / Permanent Residence Card / Retained Right of Residence](https://immigrationandvisasolicitors.co.uk/eea-family-permits-eea-residence-cards/) - [Visitor Visas](https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/) - [Asylum / Human Rights & Domestic Violence Visas](https://immigrationandvisasolicitors.co.uk/human-rights/) - [Appeals / Administrative & Judicial Review](https://immigrationandvisasolicitors.co.uk/immigration-judicial-review/) - [Deportation and Removal Injunctions](https://immigrationandvisasolicitors.co.uk/detention-bail-temporary-admission-immigration/) - [Bail Applications Temporary Admission / CIO Bail](https://immigrationandvisasolicitors.co.uk/detention-bail-temporary-admission-immigration/) # Our UK Visa Law Expertise ### Business Sponsor Licences Expert legal advice to businesses seeking Home Office approved Tier 2 Sponsors to recruit skilled workers from outside the European Union. [Business Sponsor Licences](https://immigrationandvisasolicitors.co.uk/business-work-points-cos-employer-sponsor-licence-ukvi-pbs/) ### Work Related Visas The chosen firm for representing corporate and individual clients in relation to all Tier 2 and Tier 5 work visa applications. We specialise in business immigration and offer a streamlined and tailored service to our clients. [Work Visas](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) ### EEA Immigration Applications Many EEA Applicants have enjoyed and valued our best practice services including legal representation and advice on Brexit, as our lawyers are experienced immigration practitioners who provide tailored and strategic advice on Brexit and beyond. [EEA Applications](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) ### UKVI Compliance We provide in-depth mock UK Visas & Immigration audits and compliance testing and training to ensure that businesses maintain their UK Tier 2 Sponsorship Licences. [UKVI Compliance](https://immigrationandvisasolicitors.co.uk/ukvi-compliance-checks/) ### Appeal & Judicial Review Experienced advocates in immigration and Human Rights law. Our legal representation is the key to a successful appeal, judicial review, or any applications to the court, tribunal and governmental organisations. [Judicial Review](https://immigrationandvisasolicitors.co.uk/immigration-appeal-admin-review/) ### Short & Long Term Student Visas For those who wish to study in the UK either on a long term or short term basis, we offer best practice services with a view to enhancing your chance of success and helping the client with their long-term plans. [Student Visas](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/) # Our Clients ❤❤❤❤❤ Our Lawyers: ## Our Television, Radio & Newspaper Highlights [LEXVISA’s solicitors & barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are London’s leading UK immigration lawyers. Our experts are therefore regularly featured in international print and broadcast media providing legal advice and commentary on the [UK immigration rules](https://www.gov.uk/guidance/immigration-rules). Visit our media showcase page for more information. [Book a Consultation with our London Immigration Lawyers](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) ![](https://i1.wp.com/immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/TKT_ITV_LEXLAW_IMMIGRATION_SOLICITORS_LONDON.jpg?ssl=1)![LEXLAW Immigration & Visa Solicitor Aisha Choudhry interviewed by Russia Today News Channel LEXVISA immigration law solicitors in london](https://i2.wp.com/immigrationandvisasolicitors.co.uk/wp-content/uploads/2016/02/LEXLAW-Immigration-Visa-Solicitor-Aisha-Choudhry-interviewed-by-Russia-Today-News-Channel.png?ssl=1)![](https://i0.wp.com/immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/ASC_ORF_LEXLAW_Immigration_Solicitors_in_London_Visa_UK.jpg?ssl=1)![](https://i0.wp.com/immigrationandvisasolicitors.co.uk/wp-content/uploads/2016/02/Bimal-Kotecha-Hardeep-Singh-Kohli-for-BBC-Radio-LEXVISA-Solicitors-Barristers-London-Immigration.jpg?ssl=1)![](https://i1.wp.com/immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/AXS_RT_LEXLAW_IMMIGRATION_SOLICITORS_LONDON_2.jpg?ssl=1) ## Frequently Asked Questions #### Book a consultation with a UK Immigration Lawyer We are the only leading immigration law firm located in Middle Temple [Inns of Court](https://web.archive.org/web/20170608142605/http://www.middletemple.org.uk:80/about-us) with specialist [Barristers and Solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) that will work on your case, guide you through the entire process, provide you with a stress-free and friendly experience and achieve successful results. Our team of lawyers are skilled with providing constructive advice and equipped with knowledge of the ever-changing and complex Immigration Rules and visa requirements. Our solicitors will assess your circumstances and then advise you on the best immigration option available to you under the immigration rules or in some exceptional cases outside the immigration rules. If you have a UK Immigration matter and want expert legal advice, we invite you to [contact us](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/) so we can assess your case. We can subsequently provide urgent help, advice or representation to clients from our expert legal team of leading UK Immigration solicitors and barristers. Just call or email us now; our London immigration lawyers team are waiting to help. #### How do our Solicitors and Barristers assist? Our team [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialists in immigration and act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. Our team firmly believes that immigration matters ought to have specialist legal attention from the very outset when it matters the most. Our Solicitors and Barristers will: - Carry out detailed assessment of your personal circumstances to ensure you meet the relevant criteria; - We ensure that you have the correct documents to support and strengthen your case and ensure your documents are in the correct format: - We prepare and submit your application, on your behalf, to the best standard; - We prepare strong and detailed legal representations to accompany your application giving you the best chance of success; and - Keep you updated in regards to your application and our team are always available to assist. We are a UK Solicitors law firm and are fully authorised and regulated by the [Solicitors Regulation Authority](http://www.sra.org.uk/) (SRA). Our UK immigration law specialist team of solicitors and barristers are fully qualified and have studied at the highest level. We also understand that some firms or individual legal practitioners (solicitors or barristers) may not offer good advice, or may miss important limitation dates or even apply for the wrong type of visa. Sometimes our clients come to us having been dissatisfied with the service offered by other less established immigration law firms. As such, we also work in tandem with [specialist professional negligence lawyers](https://professionalnegligenceclaimsolicitors.co.uk/) to ensure that if you have been given [bad advice](https://professionalnegligenceclaimsolicitors.co.uk/legal-negligence-claims-against-solicitor-barrister/) by an immigration [solicitor](https://professionalnegligenceclaimsolicitors.co.uk/sue-negligent-solicitor-law-firm/) or [barrister](https://professionalnegligenceclaimsolicitors.co.uk/sue-a-barrister/) then we can [issue a claim for compensation](https://professionalnegligenceclaimsolicitors.co.uk/start-issue-professional-negligence-court-claim-case-legal-advice/). When you instruct us, qualified immigration solicitors or immigration barristers work on your case from the outset when it matters the most in order to ensure no time and money is wasted and more importantly that no mistakes are made. #### What does our service cost? All of our immigration work is charged at a fixed fee, as we believe transparency from the onset is of paramount importance. All applicable fees will be discussed during the initial consultation including disbursement costs. Your immigration matter will be handled by one of our immigration lawyers (call us on [+442030110276](tel:+442030110276) to arrange this). Our initial consultation is charged at a discounted fixed fee of £200. The initial consultation is an hour-long meeting and during the consultation with one of our qualified lawyers, we will discuss the best strategy for your individual case. Your immigration lawyer will carefully assess your case and discuss the merits and demerits of your immigration position with you in full.  We then give you an accurate quote for an application. Phone one of our immigration team of experts on +442030110276 or complete an online [case assessment](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). Our professional fixed fees can be paid via a bank transfer or you can choose to pay by card as we accept all major cards. In some circumstances, you may agree on a payment plan and pay our professional fixed fee in two or three instalments.  The fixed fees for personal immigration cases (entry clearance and leave to remain) such as spouse, fiancé, and unmarried partner applications, all indefinite leave to remain and naturalisation applications range from £1500 to £3500. The price for standard and multiple entry visit visa applications range from £750 to £1500. The fixed fees for work visa applications/sponsor licence/compliance & audit matters range from £1250 to £3500. The fixed fees for Innovator, start-up, and global talent visa applications range from £3500 to £6500. The prices for all other visa applications not covered above range from £1000 to £3000. The fixed fees for assisting in the preparation and submission of an appeal to the First-tier Tribunal range from £2500 to £5000 depending on the complexity of the matter and how much work is required. The fixed fees for assisting with an appeal matter at the Upper Tribunal and Court of Appeal range from £3000 to £7000.  There are a number of factors that will be considered when we quote you a fixed fee such as the complexity of the legal issue that must be addressed, the number of appellants, and the seniority of Counsel required to represent you at the Tribunal. All fixed fees will be provided during the initial consultation so you are aware of the costs from the start. Disbursements (where applicable) such as the Home Office visa application fee, Immigration Health Surcharge, appeal fee, and Counsel’s fee are not covered within our professional fixed fee. The Home Office visa application fees vary and for more information on exact application prices please see [https://www.gov.uk/government/publications/visa-regulations-revised-table](https://www.gov.uk/government/publications/visa-regulations-revised-table). The above fees are exclusive of Value Added Tax (VAT) and VAT will only be added where required by law. In most instances, VAT will not be applicable. #### What documents are needed to make a successful visa application/appeal? Our [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) have a [100% success](https://immigrationandvisasolicitors.co.uk/success/) rate on UK Immigration and Visa applications and appeals. Unlike other law firms we do not use a generic documents list, every documents list we draft is tailor made and bespoke to our clients circumstances. Our solicitors and barristers understand the importance of providing the requisite evidence with your visa application or UKVI appeal. You can contact us and schedule a meeting to discuss extensively on the documents required and corresponding issues. #### What is the Immigration Health Surcharge (IHS)? The Immigration Health Surcharge (IHS) was introduced on 6 April 2015. It is a financial contribution to the UK’s National Health Service. Applicants who apply to enter the UK for a period more than 6 months must pay this fee at the time they submit the online application form. This excludes EEA applications, Indefinite Leave to Remain applications and Naturalisation applications. ## UK Visa & Immigration News Our immigration solicitors & barristers provide updates and commentary on the latest developments in UK immigration law and rules. Browse our [Immigration News](https://immigrationandvisasolicitors.co.uk/?page_id=2) posts and [get in touch](https://immigrationandvisasolicitors.co.uk/contact-us/) to find out how we can help you achieve a successful outcome to your immigration case. --- # UK Immigration News Source: https://immigrationandvisasolicitors.co.uk/news/ --- # Contact us Source: https://immigrationandvisasolicitors.co.uk/contact-us/ We’re the immigration law division of DJF Solicitors, a leading national UK law firm headquartered in Central London with offices in 7 nationwide locations, including Manchester, Birmingham and Bristol. We have access to City of London professional chambers are opposite the Royal Courts of Justice in the Strand near to Temple, Chancery Lane, Holborn, City Thameslink, and Blackfriars stations. We are authorised and regulated by the Solicitors Regulation Authority and we provide high-quality UK immigration law advice. The firm is made up of qualified and experienced solicitors and barristers. We are leading immigration specialists, regularly featured in the national and international media. Our [immigration lawyers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) can provide you with concise and accurate advice on all aspects of UK immigration law. They advise on, prepare, submit (and help maintain) immigration visas, permits, and business sponsor licence applications to the Home Office [UK Visas and Immigration](https://www.gov.uk/government/organisations/uk-visas-and-immigration) department. If you need professional legal advice relating to UK immigration law please don’t hesitate to [WhatsApp](https://api.whatsapp.com/send?phone=447721000718&text=Hi%2C%20I%20visited%20www.lexvisa.co.uk%20and%20need%20UK%20Immigration%20Visa%20legal%20advice%20from%20a%20solicitor.%20I%20understand%20that%20you%20can%27t%20provide%20any%20free%20legal%20advice.%20My%20case%20details%20are%3A%20), call [+442030110276](tel:+442030110276) or [email us](mailto:contact@lexvisa.co.uk). *Please note that we can't offer any free advice or legal aid advice; a discounted fixed fee first meeting costs £250 and is conducted with an immigration barrister or solicitor.* [Chat on WhatsApp](https://api.whatsapp.com/send?phone=447721000718&text=Hi%2C%20I%20visited%20www.lexvisa.co.uk%20and%20need%20UK%20Immigration%20Visa%20legal%20advice%20from%20a%20solicitor.%20I%20understand%20that%20you%20can) ## Getting Here (Directions) You can visit us in Middle Temple by: - **Tube:** We are close to a number of London tube stations, the nearest ones being Temple, Chancery Lane, Holborn, and Blackfriars. For tube line directions please visit the [Transport For London website](https://tfl.gov.uk/maps/track?Input=Lexlaw,%20Middle%20Temple%20Lane,%20London,%20United%20Kingdom&InputGeolocation=0,0&googlePredictionId=ChIJEXkgYLMEdkgRZ-TQvrbKraU). - **Walking:** Access to Middle Temple Lane is best via the black gated entrance next door to number 10 Fleet Street ([Directions](https://goo.gl/maps/xkrJvEo1KfQ2)). - **Driving:** Passengers can alight at the junction of Fleet Street/Strand at the Middle Temple Lane entrance gates. Parking can be made available by arrangement with [Inner Temple](https://www.innertemple.org.uk/contact/) and may be accessed via the Tudor Gate on Tudor Street ([Directions](https://goo.gl/maps/xkrJvEo1KfQ2)). - **Parking:** Available in Inner Temple on weekdays for our guests. Permits cost £20 (Day) or £11 (4 hours) from the Treasury Office. Call in advance on 020 7797 8250 or visit in person when you arrive. Drive in via the Tudor Gatehouse at the very end of Tudor Street, EC4Y 0AY ([Directions](https://goo.gl/maps/xkrJvEo1KfQ2)) ## Getting Here (Map) [View Larger Map](https://maps.google.com/maps?f=q&source=embed&hl=en&geocode=&q=4+Middle+Temple+Lane+City+of+London+EC4Y+9AA&aq=&sll=51.515627,-0.11209&sspn=0.012685,0.042272&ie=UTF8&hq=&hnear=4+Middle+Temple+Ln,+Temple,+London+EC4Y+9AA,+United+Kingdom&t=m&view=map&ll=51.520493,-0.109348&spn=0.018692,0.048752&z=14&iwloc=A) --- # Immigration Team (Our UK Immigration Lawyers London) Source: https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/ We are London’s leading team of immigration lawyers comprising fully qualified and experienced immigration lawyers. We practise law from professional barristers chambers in [Middle Temple](https://www.middletemple.org.uk/), an historic Inn of Court near the Royal Courts of Justice in the City of London. We deliver successful UK visa and immigration applications (see our [client reviews](https://immigrationandvisasolicitors.co.uk/success/) page). ## Do you need specialist Immigration Law advice? Your search ends here. Our immigration team made up of lawyers can assist by providing you with a bespoke solution whether you have a visa application or appeal matter. Unlike other firms, our immigration lawyers do not shy away from complex cases and have a [proven track record](https://www.google.com/search?q=lexvisa&oq=lexvi&aqs=chrome.0.69i59j69i57j0l2j46j69i60l3.1066j0j4&sourceid=chrome&ie=UTF-8#lrd=0x487604b3604211fb:0xc8921b801ac9871f,1,,,) of providing [successful results](https://immigrationandvisasolicitors.co.uk/success/) where other firms have failed. We can guide you through the visa application process or appeal process and ensure your matter has the best chance of success. Our immigration team has experience in preparing successful business and [personal immigration](https://immigrationandvisasolicitors.co.uk/personal-family-spouse-ancestry-article8-appeals-ilr-tribunal-jr/) applications and [appeals](https://immigrationandvisasolicitors.co.uk/immigration-appeal-admin-review/) (in particular we have a great deal of expertise in [high net worth](https://immigrationandvisasolicitors.co.uk/uk-tier-one-investor-visa-high-net-worth-immigration-lawyers/) and [business immigration](https://immigrationandvisasolicitors.co.uk/business-work-points-cos-employer-sponsor-licence-ukvi-pbs/)). ## What we can do for you: We have a strict procedure in place to ensure every matter undergoes a thorough initial assessment with a specialist immigration lawyer. Typically, if instructed we do the following: - Review your immigration matter during a consultation; - identify the strengths and weaknesses of your case; - gather all relevant documents needed; - complete all application forms and prepare detailed legal representations; - negotiate and correspond with the Home Office (where necessary); and - manage your entire case from the start until you receive your visa. Our team of immigration lawyers have years of legal experience and can offer solutions to any related problem or question that you may have. ## Our UK Immigration Team ### M. Jehanzeb Ghumman Solicitor-Advocate (England & Wales) & Advocate (Pakistan)Head of immigration until 7 July 2023; we are recruiting a replacement. - - - - ### Arthur Blake (3 Paper Buildings) Immigration Judge (Consultant)Arthur was called to the bar in 1986 and is an immigration judge. He has gained a vast amount of experience over 28 years and is able to assist our clients on complex immigration issues and with high-quality representation before the immigration tribunals and before all courts in England & Wales. - - - - ### Danny Bazini (No5 Chambers) Immigration Barrister (Consultant)Danny is experienced in all areas of Immigration, Asylum, Human Rights, EU Free Movement, and Nationality Law since 1992. He regularly appears before the First-tier Tribunal (Immigration and Asylum), High Court, Court of Appeal, and Supreme Court. - - - - ### Zoha Sohail Legal Support TeamZoha has been called to the Bar of England & Wales after having completed her Barristers' Training Course from the Lincolns Inn and her LLB (Hons.) from Queen Mary, University of London. She supports our immigration team and is now training to qualify as a lawyer. She provides a high standard of legal support to our immigration lawyers to ensure we can operate at a high standard. - - - - ### Tehreem Fatima Legal Support TeamTehreem has recently completed her Legal Practitioners Course (LPC) from the University of Law. She supports our immigration team and is now training to qualify as a Solicitor in England & Wales. Tehreem brings with her experience in a broad range of immigration applications and appeals so that she can effectively assist our clients in achieving their desired results. - - - - ### Shumaim Rizvi Legal Support TeamShumaim has completed his LLB (Hons.) from the University of London. He works as a paralegal in our immigration team alongside studying for the SQE and is aiming to qualify as a Solicitor in England & Wales. - - - - ## Reasons you should choose us: We recommend that you let experts handle your matter. Here’s why: - reduce failure risk from attempting to manage and understand complex and evolving immigration rules; - expert assistance and advice which can obtain an optimal result; and - dedicated specialists which results in a faster solution to your problem. Our expert Solicitors & Barristers provide professional and specialist legal advice to guide you to the best legal outcome. Our team of London lawyers are based in Middle Temple adjacent to the Royal Courts of Justice. To book an initial consultation with a solicitor or for more information about our legal services get in touch via our online form, ☎**[02030110276](tel://+442071830529)** or email us with all your contact details. --- # Media Highlights Source: https://immigrationandvisasolicitors.co.uk/media-appearances/ **As seen on International Television and Newspaper Media** [LEXVISA’s solicitors & barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are the City of London’s leading UK immigration lawyers. Our experts are highly qualified and experienced and are therefore regularly asked to feature in international print and broadcast media providing legal advice and commentary on the [UK immigration rules](https://www.gov.uk/guidance/immigration-rules). For commentary or advice, call +442030110276. - ![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/74px-BBC_Radio_Immigration_Solicitors_in_London_UK.png)- ![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/The-Telegraph-logo-lexvisa-immigration-lawyers-in-london-uk.png)- ![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/lexvisa-sky-news-logo-lexlaw-solicitors-london-immigration-uk.png)- ![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/174px-ITV_News_Immigration.Lawyers.in_.London_UK.png)- ![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/lexisnexis_law_firm_london_immigration_solicitors.png)- ![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/74px-BBC_Radio_Immigration_Solicitors_in_London_UK_Law.png)- ![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/internationalbusinesstimes.Immigration_solicitors_law_firm_london_uk.png)- ![Immigration-business-point-based-system-london-solicitors](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/Immigration-business-point-based-system-london-solicitors-e1596540830617.png)- ![Business immigration solicitors london tier 1 2 4 5 visa Sponsor Licence visa application](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/Business-immigration-solicitors-london-tier-1-2-4-5-visa-Sponsor-Licence-visa-application-e1596541150800.png)- ![The Lawyer business immigration solicitors london tier 1 tier 2 sponsor licence](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/the-lawyer-business-immigration-solicitors-london-tier-1-tier-2-sponsor-licence-1-e1596541115859.jpg)- ![The Sunday Times business immigration solicitors london tier 1 tier 2 sponsor licence](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/The-Sunday-Times-business-immigration-solicitors-london-tier-1-tier-2-sponsor-licence-e1596541040828.png)- ![Mail on Sunday business immigration solicitors london tier 1 tier 2 sponsor licence](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/the-mail-on-sunday-business-immigration-solicitors-london-tier-1-tier-2-sponsor-licence-e1596540966256.jpg) ![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/bbc_news_logo.jpg) ### BBC News [Amer Zaman](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) featured on BBC News discussing the problematic approach taken by the Home Office when considering [medical visitor visa applications](https://immigrationandvisasolicitors.co.uk/private-medical-treatment-visitor-visa/) to the United Kingdom. Read one of our case studies [here](https://immigrationandvisasolicitors.co.uk/private-medical-treatment-visa/). https://youtu.be/Rwa4Nz9au9E ![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/TKT_ITV_LEXLAW_IMMIGRATION_SOLICITORS_LONDON.jpg) ### ITV News [Our lawyer, Talitha Toor discusses UK Immigration Rules](https://immigrationandvisasolicitors.co.uk/itv-news-our-very-own-talitha-toor-discusses-the-immigration-rules/). The ITV News [interview](https://web.archive.org/web/20200926091329/https://www.itv.com/news/london/2015-10-02/sierra-leone-sprinter-jimmy-thoronka-loses-bid-to-stay-in-london) concerned ‘One of Sierra Leone’s best sprinters’; Jimmy Thoronka who ‘went missing after competing in the Commonwealth Games in Glasgow last year when Ebola swept’ through Sierra Leone. ![LEXLAW Immigration & Visa Solicitor Aisha Choudhry interviewed by Russia Today News Channel LEXVISA immigration law solicitors in london](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2016/02/LEXLAW-Immigration-Visa-Solicitor-Aisha-Choudhry-interviewed-by-Russia-Today-News-Channel-1024x568.png) ### RT News Channel LEXVISA Solicitor, Aisha Choudhry is featured on international television channel RT News in a news item discussing UK Business Immigration. [Aisha discussed the Immigration Rules restricting businesses in the UK from employing overseas skilled workers.](https://immigrationandvisasolicitors.co.uk/lexlaws-uk-immigration-visa-solicitor-discusses-visa-problems-businesses/) ![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/Sky-news-logo-e1475491920425.png) ### Sky News Rhiannon Mills of SKY NEWS exposes the UKBA's immigration backlog with Aisha Choudhry of LEXLAW Solicitors & Barristers. https://www.youtube.com/watch?v=F37c04I2vqM&feature=emb_title ![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/74px-BBC_Radio_Immigration_Solicitors_in_London_UK.png)![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/The-Telegraph-logo-lexvisa-immigration-lawyers-in-london-uk.png)![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/lexvisa-sky-news-logo-lexlaw-solicitors-london-immigration-uk.png)![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/174px-ITV_News_Immigration.Lawyers.in_.London_UK.png)![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/lexisnexis_law_firm_london_immigration_solicitors.png)![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/74px-BBC_Radio_Immigration_Solicitors_in_London_UK_Law.png)![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/internationalbusinesstimes.Immigration_solicitors_law_firm_london_uk.png)![Immigration-business-point-based-system-london-solicitors](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/Immigration-business-point-based-system-london-solicitors-e1596540830617.png)![Business immigration solicitors london tier 1 2 4 5 visa Sponsor Licence visa application](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/Business-immigration-solicitors-london-tier-1-2-4-5-visa-Sponsor-Licence-visa-application-e1596541150800.png)![The Lawyer business immigration solicitors london tier 1 tier 2 sponsor licence](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/the-lawyer-business-immigration-solicitors-london-tier-1-tier-2-sponsor-licence-1-e1596541115859.jpg)![The Sunday Times business immigration solicitors london tier 1 tier 2 sponsor licence](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/The-Sunday-Times-business-immigration-solicitors-london-tier-1-tier-2-sponsor-licence-e1596541040828.png)![Mail on Sunday business immigration solicitors london tier 1 tier 2 sponsor licence](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/01/the-mail-on-sunday-business-immigration-solicitors-london-tier-1-tier-2-sponsor-licence-e1596540966256.jpg) --- # UK Spouse Visa Source: https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/ A 'Family of a Settled Person' visa or a Spouse visa as it is more commonly known, allows nationals from outside the European Economic Area (EEA) and Switzerland who are married (or in a Civil Partnership) to British nationals or those who hold settled status in the UK to enter or remain in the UK with their partner. If you reside outside the UK and wish to join your husband/wife or civil partner in the UK, you can apply for entry clearance or if you are already in the UK you can make an application to extend your stay in the UK as the 'family of a settled person'. [Our immigration solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are regularly instructed to assist in the preparation and submission of the Family of a Settled Person or a Spouse visa application for Applicants either in the UK or abroad. Our specialist immigration team are ready to meet with you in person or via Skype to consider with you whether you meet the eligibility requirements. As soon as you instruct us we liaise with you in preparing your Family of a Settled Person or a Spouse visa application with the requisite supporting documentation. ## What is a UK Spouse visa? The UK spouse visa allows non-EEA spouses to join their British or settled partners in the UK. A spouse visa is valid for 30 months and can be renewed for a further 30 months. Following this, Applicants can apply for indefinite leave to remain (settlement) in the UK. ## How much is UK Spouse visa fee? If you submit your UK Spouse visa from outside the UK the Home Office fee is £1523 plus the Immigration Health Surcharge (IHS). However, if you submit the application from within the UK the Home Office fee is £1033 plus the Biometrics fee (£19.20) and the IHS. ## What do I need for Spouse visa UK? In order to submit a successful UK spouse visa application, Applicants must be able to show that they are in a genuine and subsisting marriage with a British citizen or a settled person who is present in the UK. If you are living with your British or settled spouse outside the UK you may be eligible for a UK spouse visa (subject to meeting additional requirements). Applicants are also required to meet the financial and English language requirements (see below). ## Eligibility Requirements The UK Immigration Rules set out strict criteria that must be met by those applying for a Family of a Settled Person or a Spouse visa.  Please see some of the requirements that must be met below: - You must be in a genuine and subsisting marriage with a British citizen, a person present and settled in the UK or someone who is in the UK with refugee leave or with humanitarian protection; - You must intend to reside with your spouse/partner permanently; - You must have suitable accommodation for yourself, your spouse and any dependants; - You must meet the financial requirements (i.e. have enough money to support yourself, your spouse and any dependants without recourse to public funds); and - You must satisfy the [English language](https://www.gov.uk/uk-family-visa/knowledge-of-english) requirements by sitting an English language test with a Home Office approved test provider. If you are granted a Family of a Settled Person or a Spouse visa, you will be given Leave to Enter/Remain in the UK for 2 years and 6 months after which you can apply for Further Leave to Remain. Thereafter, our immigration team can assist you in applying for Indefinite Leave to Remain (ILR) and then for British citizenship. ## What is the financial requirement for UK Spouse visa? For entry clearance applications, Applicants are required to show that their Sponsor has an income of at least £29,000. However, for in-country applications, the Applicants can rely on their own income or combine their income with their Sponsors to each the £29,000 threshold. There are a number of different ways you can meet the financial requirement such as salaried employment or self-employment; however, there are other ways such as rental income, cash savings, and pensions. We recently [posted](https://immigrationandvisasolicitors.co.uk/financial-requirement-uk-visa-immigration-rules-minimum-income-appendix-fm-family-members/) about the different ways Applicants can meet the financial requirement. The mandatory documents under Appendix FM SE vary depending on how you wish to meet the financial requirement. ## What is the English test for Spouse visa for UK? Applicants are required to pass an English language test with the International English Language Testing System (IELTS) with at least a CEFR level A1 or above in speaking and listening and must submit the pass certificate. You can also meet the English language requirement if you are from a majority English speaking country or you have studied a degree taught in English. ## Can you work in the UK on a Spouse visa? Migrants who have been endorsed under the UK Spouse visa route are able to work without any restrictions. Migrants can work for an employer or work as a self-employed person. ## How early can I apply for Spouse visa extension? Applicants can apply for their spouse visa extension 28 days before the expiry of their current spouse visa. However, Applicants are advised to commence the application process 3 months before the expiry as this will give them sufficient time to collate the mandatory documents under Appendix FM SE. ## Can you switch into a UK Spouse visa? Applicants who are already in the UK can apply to transfer their existing leave to the UK spouse visa route i.e. switching from [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) or [Tier 4](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/) visas to the spouse visa. Applicants must have a visa that is valid for more than 6 months to exercise the switch provision in the Immigration Rules. ## New Home Office Policy Guidance on meeting UK Spouse Visa eligibility requirements As of 10 August 2017, the much-awaited change to the UK Home Office Policy Guidance has now been revealed. We previously wrote about the impact of [MM Majid Javed v SSHD and the impending change to the Home Office Policy Guidance](https://web.archive.org/web/20170223131348/https://immigrationandvisasolicitors.co.uk/supreme-court-ruling-mm-majid-javed/) on meeting the Minimum Income Requirement under [Appendix FM Immigration Rules](https://www.google.co.uk/search?q=appendix+fm-se+of+the+immigration+rules&oq=appendix+fm+se+of+th&aqs=chrome.1.69i57j0.4904j0j4&sourceid=chrome&ie=UTF-8) for Family of a Settled Person or a Spouse visa applications. The new Home Office Policy Guidance essentially introduces a new Unjustifiably Harsh Consequences Test by considering any interests of children and alternative sources of income in meeting the [Minimum Income Requirement](https://immigrationandvisasolicitors.co.uk/minimum-income-requirement/). The new Unjustifiably Harsh Consequences Test applies in Family of a Settled Person or a Spouse visa applications, where applicants do not meet the Minimum Income Requirement under [Appendix FM Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members). However, if the Home Office accepts that the refusal could lead to Unjustifiably Harsh Consequences; applicants will be permitted to rely on other alternative sources of income, financial support or other funds to make up the deficit in meeting the Minimum Income Requirement.**  ** The Home Office has inserted a new [paragraph 21A](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence) under [Appendix FM-SE](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence) Immigration Rules, which sets out where the Minimum Income Requirement is not met, a decision maker must take into account the sources of income, financial support or funds by way of: - A credible guarantee of sustainable financial support to the applicant or their partner from a third party; - Credible prospective earnings from the sustainable employment or self-employment of the applicant or their partner; or - Any other credible and reliable source of income or funds for the applicant or their partner, which is available to them at the date of the application or which will become available to them during the period of limited leave applied for. The full Home Office Policy Guidance can be accessed here in two parts: [Appendix FM Section 1.0a Family Life as a Partner or Parent – 5 year route LEXVISA Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/08/Appendix-FM-Section-1.0a-Family-Life-as-a-Partner-or-Parent-5-year-route.pdf) & [Family Life as a Partner or Parent and Private Life – 10 year routes guidance August 2015 LEXVISA Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/08/Family-Life-as-a-Partner-or-Parent-and-Private-Life-10-year-routes-guidance-August-2015.pdf) ## Immigration Health Surcharge (IHS) The [Immigration Health Surcharge](https://www.gov.uk/healthcare-immigration-application) (IHS) was introduced by the Home Office on 6 April 2015 and applies to temporary, non-EEA migrants who are coming to the UK for more than 6 months. Payment for IHS is collected by the Home Office and goes directly to the National Health Service (NHS). If instructed, our team of expert lawyers can consider whether you will need to pay the IHS. If you wish to consider your options, please contact our team today and arrange a meeting with a qualified immigration solicitor who can advise you of your options. ## Expert UK Immigration Solicitors [Our expert immigration team](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) understand that an application can be refused where an Applicant lacks the correct understanding of the supporting documents required to satisfy the Home Office's requirements. The UK Immigration Rules coupled with the Home Office’s supplementary Policy Guidance are complex and a failure to submit the correct documentation could lead to a UK visa refusal which can cause Applicants emotional stress and disruption for their families. [Our expert immigration team are regularly instructed](https://immigrationandvisasolicitors.co.uk/success/) to assist in the preparation of Family of a Settled Person or a Spouse visa applications and in some cases are instructed to attend same day visa appointments at one of the Premium Centre’s in the UK. Our team offer some of the following services: - Consultation with an experienced immigration solicitor who can advise on whether you meet the eligibility requirements; - Tailored legal advice which will assist you in collating the documents required for an application; and - Preparation of online/paper visa application forms and legal representations. If you wish to have your documents checked by an expert immigration solicitor, please contact us so we can explore your options. We are an [Immigration law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # EEA Immigration Source: https://immigrationandvisasolicitors.co.uk/eea-family-permits-eea-residence-cards/ The Free Movement of people is one of the founding principles of the European Union (EU) which allows European Economic Area (EEA) nationals and their family members to move and reside freely within the territory of another EEA Member State. This included the UK until  the end of the Brexit transition period on 31 December 2020. EEA nationals and their family members were then urged to make an application to prove their right to be in the UK after 30 June 2021; otherwise they may be liable for removal from the UK. ## Impact of Brexit for EEA Nationals - EU Settlement Scheme (EUSS) Applications The EU Settlement Scheme was launched on 30 March 2019. All EEA nationals and their family members who wish to continue living and working in the UK must make an application for Settled Status or Pre-Settled Status under the EU Settlement Scheme. This applies to individuals who already held residence documents under the EEA Regulations (i.e. Registration Certificate, Residence Card and Permanent Residence) as these documents are no longer valid since 30 June 2021. Applicants will be automatically granted either Pre-Settled Status or Settled Status dependant on their circumstances. Those who have been in the UK for a continuous 5 year period will be granted Settled Status;  equivalent to Permanent Residence and Indefinite Leave to Remain. Pre-Settled Status is equivalent to the EEA Registration Certificate or EEA Residence Card and is therefore given to individuals who have been in the UK for less than 5 years. Once an Applicant has acquired 5 years continuous residence in the UK they can then apply for Settled Status. EU Settlement Scheme applications can be made online. The Home Office will need to verify the Applicant's identity either by using the mobile app, attending a centre to scan a copy of the ID documents or by ending the original ID documents in the post. Further documentation may then need to be provided to the Home Office depending on the Applicant's circumstances. For example, non-EEA national family members will definitely need to prove their relationship to the EU national sponsor. ## EU Settlement Scheme Appeals and Administrative Reviews In the event that an application made under the EU Settlement Scheme is refused, Applicants will be given a right of appeal (within 14 days of the letter if within the UK or 28 days if outside the UK) or administrative review (within 28 days of the letter). An appeal may be submitted to the First Tier Tribunal under the [Immigration (Citizens Rights Appeals) (UK Exit) Regulations 2020 (SI 2020 No. 61)](https://www.legislation.gov.uk/uksi/2020/61/contents/made) and the case and decision will be reviewed by an independent Judge or caseworker (depending on how the Applicant decides to challenge the decision). ## Expert UK Immigration Solicitors for EEA Applicants [Our immigration solicitors are regularly instructed](https://immigrationandvisasolicitors.co.uk/success/) to assist in the preparation of UKVI applications. Our expert team offer some of the following services: - An initial consultation with an experienced immigration solicitor who can advise on whether you meet the eligibility requirements; - Tailored legal advice which will assist you in collating the documents required for an application; and - Preparation of online/paper visa application forms and legal representations. If you wish to have your documents checked by an expert immigration solicitor, please contact us so we can explore your options. We are an [Immigration law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # UK Visit Visas Source: https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/ The UK is ranked as one of the top ten destinations in the world whilst London has the most international visitors of any city in the world. The UK government recognises the importance of tourism to the British economy and offers the Standard Visitor visa for those wishing to visit the UK for leisure, business or other reasons. [Our expert immigration team of solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are ready to meet with you in person or via Skype to consider whether you meet the eligibility requirements. Our lawyers often consult with clients who have had their visit visa refused in the past due to their lack of understanding of the immigration rules and what documentation is required for a visit visa application. There is a very limited right to appeal so it is advisable to consult with a qualified immigration solicitor to ensure that you submit a properly executed visit visa application. ## Standard Visitor visa You may wish to apply for a visit visa for a number of reasons such as for a holiday, for business, to take part in sports or if you wish to receive private medical treatment. In the past, you could apply for a specific visit visa but since 2015 these visas have all been replaced by one: the Standard Visitor visa. It is, therefore, important to make your intentions of visiting the UK clear to the Home Office from the outset or you may not be able to demonstrate that you are a genuine visitor and your application may be refused. Those applying for a Standard Visitor visa have the options of obtaining short term or long term visit visas. You must be able to demonstrate that you are a genuine visitor to the UK and will leave at the end of your visit. You must also be able to show you can support yourself for the duration of the trip and can pay for your return journey. You can apply for a [Standard Visitor Visa](https://www.gov.uk/standard-visitor-visa/overview) (formerly a General Visitor Visa) if you wish to come to the UK to see friends or family or as a tourist. It is possible for family members settled in the UK to sponsor your visit. Entry clearance is mandatory only for visa nationals as non-visa nationals are granted leave to enter as General Visitors upon arrival at a UK port. ## Qualifying criteria for a UK Standard Visitor Visa To meet the requirements of Standard Visitor Visa: - You must be at least 18 years old. - You must plan to visit the UK for a maximum of 6 months and leave at the end of that period. - You must be able to show that you have enough money to support your stay in the UK and be able to accommodate yourself. ## We can ensure your UK Visit Visa application is successful - We can provide a detailed assessment of your personal circumstances to ensure this is the right course for you. - We ensure that you have the correct documents to support and strengthen your case. - Complete and submit your UK General Visit Visa application. - Keep you updated in regards to your application. If you wish to apply for a Standard Visitor visa for business related activities, please visit our Business Visitor Visa section or call our Business Immigration team today for a free telephone case assessment. ## You can apply for an Academic Visit Visa if you wish to come to the UK to undertake certain academic activities such as conducting research or take part in an exchange programme. We can assist with your Academic Visit Visa application and queries. Our expert team of lawyers can assist you with the preparation of your application and ensure that you meet with all the requirements of the relevant Immigration Rules, we will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding an unnecessary expense of re-submitting your application to the Home Office. ## Qualifying for a UK Academic Visit Visa To meet the requirements of UK Academic Visit Visa: - You must plan to visit the UK for a maximum of 12 months and leave at the end of that period. - You must be able to show that you also have enough money to support your stay in the UK. - Evidence will need to be provided to show that you have worked as an academic in an institution of Higher Education overseas. - You must not receive payment for any work whilst in the UK. - Be able to meet the cost of the return or onward journey from the UK. ## What we can do for you to ensure your Academic Visit Visa is successful - Detailed assessment of your personal circumstances to ensure this is the right course for you. - We ensure that we have the correct documents in support of and to strengthen your case . - Completion and submission of your UK Academic Visit Visa application. - Keep you updated in regards to your application. ## Expert UK Immigration Solicitors [Our immigration solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are regularly instructed to assist in the preparation of EEA Residence Card applications more often by clients who have instructed us to prepare their EEA Family Permit application.  Our expert team offer some of the following services: - Consultation with an experienced immigration solicitor who can advise on whether you meet the eligibility requirements; - Tailored legal advice which will assist you in collating the documents required for an application; and - Preparation of online/paper visa application forms and legal representations. If you wish to have your documents checked by an expert immigration solicitor, please contact us so we can explore your options. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Adult Dependant Relative Visa Source: https://immigrationandvisasolicitors.co.uk/uk-dependant-relative-visa/ The Adult Dependant Relative Visa is for the non-EEA national family members of British citizens or permanent UK residents, who as a result of agree, illness or disability, can join their family members in the UK to receive the adequate level of care from their family member which is not available or affordable in their home country. In 2012, the guidelines for Adult Dependant Relative Visa applications become more [stringent](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/576644/Adult_dependent_relatives-review.pdf) in the UK Government's main aim to reduce burdens on the UK tax payer. As a result, very few Adult Dependant Relative Visas are granted, with almost half only being successful on appeal. [Our experienced team of solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) understand that there is an extensive amount of documentary evidence required from Adult Dependant Visa Applicants to meet the complex requirements for an Adult Dependant Relative Visa. Our team of compassionate lawyers are here to assist you step by step in submitting a strong Adult Dependant Relative Visa application, which  if successful, will allow you to remain in the UK with your family. ## Eligibility for an Adult Dependant Relative Visa In order to to make a UK Adult Dependant Relative Visa application, the Applicant must satisfy the following criteria: - Be over the age of 18 years and a close relative of the UK sponsor who must also be over 18 and either a British citizen or a person present and settled in the UK; - Demonstrate that they need long term care and assistance to perform everyday personal and household tasks, due to age, illness or disability; - Demonstrate that the level of care that is required is not available or affordable in their own country; and - That the person in the UK sponsoring the application will be able to support, accommodate and care for the Applicant without recourse to public funds. Adult Dependant Relative Visa applications must now be made from outside of the UK. ## Paying the Immigration Health Surcharge (IHS) for Adult Dependant Relative Visa Applications The [Immigration Health Surcharge](https://www.gov.uk/healthcare-immigration-application) (IHS) was introduced by the Home Office on 6 April 2015 and applies to temporary, non-EEA migrants who are coming to the UK for more than 6 months. Payment for IHS is collected by the Home Office and goes directly to the National Health Service (NHS). If instructed, our team of expert lawyers can consider whether you will need to pay the IHS and how much you would need to pay. If you wish to consider your options, please contact our team today and arrange a meeting with a qualified immigration solicitor who can advise you of your options. ## Expert Adult Dependant Relative Visa Solicitors [Our immigration solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) can help you prepare an application for an Adult Dependant Relative and have previously assisted clients who have been granted a visa in the first instance. Our expert team offer some of the following services: - An initial consultation with an experienced immigration solicitor who can advise on whether you meet the eligibility requirements; - Tailored legal advice which will assist you in collating the documents required for an application; and - Preparation of online/paper visa application forms and legal representations. If you wish to have your documents checked by an expert immigration solicitor, please contact us so we can explore your options. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Human Rights Applications Source: https://immigrationandvisasolicitors.co.uk/human-rights/ The UK Immigration Rules are designed to cover the vast majority of circumstances in which you could be granted leave to remain because you are entitled to remain in the UK. However, there are also provisions for those who do not fit into a specific category and may allow some migrants to apply for leave to remain in the UK in exceptional circumstances. [Our team of immigration solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) understand the complexity of such applications; the Immigration Rules, policies and Home Office guidance can be somewhat difficult to understand and case law is constantly changing. We have considerable experience of assisting clients in complex situations and understand that there are a number of reasons why a migrant may need to apply for leave to remain outside the Immigration Rules. ## Article 8 of European Convention on Human Rights (ECHR) Article 8 of the ECHR is one of the most important of the Convention rights. It provides the right to respect for four protected areas namely, private life, family life, home and correspondence. Our expert immigration solicitors and barristers have represented many clients who are unable to leave the UK for a variety of reasons such as they face disruption in their family life in the UK or if returned to their country of origin, they face racial, religious or sex discrimination. We recognise that Article 8 is a qualified right which means in immigration matters, a public authority (such as the Home Office) can interfere with a migrants rights if it is in the interest of the wider community or to protect other people’s rights. Our lawyers often consult with those who have been issued deportation and removal orders but are unable to leave the UK due to reasons such as they have a family who are present and settled and it would be unreasonable for them to leave the UK with the migrant. ## Immigration Health Surcharge (IHS) The Immigration Health Surcharge (IHS) was introduced by the Home Office on 6 April 2015 and applies to temporary, non-EEA migrants who are coming to the UK for more than 6 months. Payment for IHS is collected by the Home Office and goes directly to the National Health Service (NHS). If instructed, our team of expert lawyers can consider whether you will need to pay the IHS. If you wish to consider your options, please contact our team today and arrange a meeting with a qualified immigration solicitor who can advise you of your options. ## Expert UK Immigration Solicitors Our immigration solicitors can help you prepare an application for Further Leave to Remain outside the Immigration Rules / Discretionary Leave to Remain and have previously assisted clients who have been granted leave to remain in exceptional circumstances. Our expert team offer some of the following services: - Consultation with an experienced immigration solicitor who can advise on whether you meet the eligibility requirements and the merits of your application; - Tailored legal advice which will assist you in collating the documents required for an application; and - Preparation of the relevant application forms and legal representations. If you wish to have your documents checked by an expert immigration solicitor, please contact us so we can explore your options. If you wish to discuss your matter confidentially, please contact a member of our immigration team today and book a consultation so we can explore your options with you. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Sole Responsibility (Children) Source: https://immigrationandvisasolicitors.co.uk/point-based-system-dependent-children-sole-responsibility/ There are various provisions under the UK’s Immigration Rules whereby children can be considered for entry to the UK either for immediate settlement or with a view to settlement. This route is for children wishing to join or accompany their parent or parents who are either present or settled in the UK or who will be admitted for settled. The route is also available for children who are accompanying or joining their adoptive parents in the UK. Our expert immigration lawyers are well versed in the UK’s complex Immigration Rules, guidance and policies and are strong advocates of an immigration system which takes a child-centred approach. We have a proven track record of assisting clients who wish to obtain settlement in the UK so they can reside with their families. ## Eligibility In order to apply for settlement in the UK, the child in question must be under 18 years old. Applications under this category can be quite complex due to the extensive evidence required by the sponsoring parent to demonstrate that they are solely responsible for exercising parental care over the child for a substantial period. In our experience, the following are some of the factors the Home Office consider in assessing sole responsibility: - Whether the child’s parents are married; - In cases of divorce, which parent was awarded legal custody over the child; - Whether the sponsoring parent has provided consistent financial/emotional support to the child; - If the sponsoring parent is in the UK, what kind of relationship they have with the child; - Who makes the important decisions about the child’s upbringing, for example where the child lives, what school they attend and religious practices. The above list is non-exhaustive and our immigration lawyers are aware of the importance of submitting a properly executed application supported by documentary evidence which demonstrates that the sponsoring parent did have sole responsibility over the child. ## Expert UK Immigration Solicitors Our immigration solicitors can help you and your family prepare an application for settlement and have previously assisted clients who have been granted Indefinite Leave to Remain. Our expert team offer some of the following services: - Consultation with an experienced immigration solicitor who can advise on whether you meet the eligibility requirements and the merits of your application; - Tailored legal advice which will assist you in collating the documents required for an application; and - Preparation of the relevant application forms and legal representations. If you wish to have your documents checked by an expert immigration solicitor, please contact us so we can explore your options. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # UK Asylum Source: https://immigrationandvisasolicitors.co.uk/asylum/ The 1951 Convention relating to the Status of Refugees is the key legal document in defining who is a refugee, their rights and the legal obligations of states. Asylum law is incredibly complex and the Home Office will decided whether a person is in need of protection or if a person’s human rights are at stake. Our expert Asylum lawyers have previously assisted clients who have had to leave their country and are unable to return because they have a well-founded fear of persecution. The UK also adheres to the European Convention on Human Rights which prevents UK authorities returning an individual to a country where there is a real risk that they will be exposed to torture, inhuman or degrading treatment. There are also some circumstances where if an individual does not qualify for recognition as an Asylum Seeker, they may be granted temporary permission to stay in the UK which can lead to settlement if there are humanitarian reasons why they should remain in the UK. ## Claiming Asylum: Applications to Home Office Generally, you would claim asylum upon your arrival in the UK or as soon as you think it would be unsafe for you to return to your own country. To be recognised as a refugee, you must be able to provide evidence to demonstrate that: - You are unable to go back to your home country (if you are stateless, this is the country you usually live in) because you fear persecution (for example due to your race, religion or political opinion); - You are unable to live safely in any part of your own country; and - You have failed to get protection from authorities in your own country. Our qualified immigration solicitors and barristers are experienced in the area of Asylum law and understand that this is an area of law which is largely governed by International Agreements with a high degree of discretion from the Home Office. ## Expert UK Immigration Solicitors If you wish to claim Asylum and believe you have strong evidence to support your claim, you would need to meet with an immigration officer at an ‘Asylum Screening’ to register your claim. After the initial screening, you will be invited to an interview with an immigration officer so they can determine whether you have a claim. Our solicitors often accompany clients to their interview to ensure that the Home Office follow the correct procedure; we understand Asylum can be daunting and are on hand to provide emotional support. After your interview, you will be sent a written decision which if negative may be challenged by way of appeal. If you wish to consider your options of claiming Asylum in the UK, please [contact](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/) our immigration solicitors today so we can arrange to meet with you and advise you of the steps involved. Our immigration solicitors are regulated by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/) and have a strict duty of confidentiality. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Indefinite Leave to Remain (ILR) & UK Settlement: Expert Immigration Solicitors London Source: https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/ At Lexvisa, our specialist immigration solicitors guide clients through every stage of the UK settlement process, from initial visa applications to achieving Indefinite Leave to Remain (ILR) and British citizenship. ## What is ILR / Settlement? [Indefinite Leave to Remain (ILR)](https://www.gov.uk/guidance/indefinite-leave-to-remain-in-the-uk), often referred to simply as “settlement”, is the immigration status that allows you to live, work and study in the UK without time-limit. You will no longer require visa sponsorship, and you may become eligible to apply for British citizenship. In practical terms, once settled you are considered “permanently resident” in the UK, subject to meeting the conditions of your status (such as not being absent from the UK for long periods). ## Who can apply for ILR? Your eligibility for the settlement route depends on your current visa category, length of stay, and other requirements. Common routes include: - [Skilled Worker / Health & Care Worker visa holders (formerly Tier 2)](https://www.gov.uk/indefinite-leave-to-remain-tier-2-t2-skilled-worker-visa) - you may apply after 5 years in many cases. - [Family routes](https://www.gov.uk/indefinite-leave-to-remain) (e.g., [partner](https://immigrationandvisasolicitors.co.uk/uk-unmarried-partners-de-facto-visa/), [spouse](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/), children of settled persons) and [long-residence routes](https://www.gov.uk/long-residence). - [Special categories](https://www.gov.uk/indefinite-leave-to-remain) such as refugees, stateless persons, or those on private life grounds. **Important update for November 2025**: According to the government’s [2025 White Paper](https://commonslibrary.parliament.uk/research-briefings/cbp-10267/) and supporting commentary, the standard qualifying period for many routes to ILR will be extended from five years to ten years for most work-based immigration routes. However, it remains the case that those on certain routes (for example family of British citizens or the EU Settlement Scheme) may continue to apply on a five-year basis. ## What are the current ILR requirements as of November 2025? ### Time in the UK - For many [Skilled Worker](https://immigrationandvisasolicitors.co.uk/apply-new-skilled-worker-visa-2020-immigration-lawyers-london/) / Tier 2 style routes, you can apply after 5 years’ continuous residence under [current rules](https://www.gov.uk/indefinite-leave-to-remain-tier-2-t2-skilled-worker-visa). - Look ahead: the new policy is moving towards a 10-year standard for many routes. ### Continuous residence & absence limits You must have lived in the UK lawfully for the required period and must not have exceeded certain absence limits (e.g., not more than 180 days in any 12-month period for typical routes). ### Knowledge of English & Life in the UK Test - Most applicants need to pass the Life in the UK Test (if aged 18-64). - English language requirements may apply or may have been already met via the original visa. ### Good character / other obligations You must meet relevant immigration-rules requirements: no serious criminal convictions, maintain lawful status, and not depend on public funds (in certain categories). The proposed reforms signal further emphasis on “contribution‐based” settlement (e.g., employment, National Insurance contributions, no benefit reliance). ### Application fee & process For [Skilled Worker](https://immigrationandvisasolicitors.co.uk/apply-new-skilled-worker-visa-2020-immigration-lawyers-london/) / Tier 2 route: fee currently £3,029 for each applicant (plus biometric enrolment). The earliest you can apply is 28 days before completing your qualifying residence. ### Your rights once granted ILR Once you hold ILR: No time limit on your stay in the UK. - You can work, study, and may access benefits (depending on your status). - After a period of settlement (normally 12 months) you may be eligible to apply for British citizenship, subject to other requirements. - No time limit on your stay in the UK. ## Recent Changes & What They Mean for Applicants As of November 2025, the Home Office has confirmed further consultation on the proposed 10-year route to settlement. Applicants are encouraged to check current guidance before applying. The 2025 White Paper on UK Immigration Reform introduced the concept of “earned settlement”, linking eligibility to factors beyond time spent in the UK: - Stable employment & tax contributions - Clean immigration record & good character - Limited use of public funds - Integration & contribution to UK society If implemented, these reforms will affect future ILR applicants on work-based routes. Existing residents may still apply under current 5-year rules if they meet the criteria before the new framework takes effect. ## From ILR to British Citizenship (Naturalisation) Once you’ve held ILR for at least 12 months, you may be eligible to apply for British citizenship by [naturalisation](https://immigrationandvisasolicitors.co.uk/best-naturalisation-visa-lawyers-london-immigration/). To qualify, you must generally: - Hold ILR for 12 months (min. 3 years if married to a British citizen) - Have lived lawfully in the UK for 5 years (or 3 years if [spouse](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) route) - Pass the Life in the UK Test and meet English language standards - Show good character and intention to continue living in the UK Lexvisa can help transition your case seamlessly from settlement to citizenship, reviewing your residence records, tax compliance, and documentation to ensure a successful application. ## How Lexvisa Can Help At Lexvisa, we provide a full-service ILR support package: - **Eligibility assessment** – determine your best route to ILR or settlement - **Document checklist & review** – bespoke list tailored to your visa history - **Application preparation** – full support completing online forms & residence calculations - **Legal representation** – communicate with the Home Office and manage complex cases - **Appeals & reviews** – representation if your ILR application is refused [**Book a consultation** **today**](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) to secure your ILR application before rule changes take effect. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. ## Frequently Asked Questions (FAQ): Indefinite Leave to Remain (ILR) in the UK ### 1. How long do I need to live in the UK before I can apply for ILR? Most visa holders can apply for ILR after 5 years of lawful residence in the UK. However, under the proposed 2025 immigration reforms, the Home Office plans to extend this to a 10-year qualifying period for certain work-based routes. Family and EU Settlement Scheme routes are expected to remain on the 5-year track for now. --- ### 2. Will the new 10-year ILR rule affect current visa holders? If you are already on a route that leads to ILR after 5 years, the government has indicated that your eligibility should remain protected under existing rules. However, applicants switching visas or extending under new categories in 2026 onwards may fall under the revised 10-year rule. Lexvisa’s solicitors can assess your case and confirm whether you qualify under the current or forthcoming system. --- ### 3. Can my dependants apply for ILR with me? Yes, your spouse, partner and children can apply as dependants if they have held valid dependent visas for the required period (normally 5 years). Each dependant must meet residence and absence requirements individually and may also need to pass the Life in the UK Test if aged 18–64. --- ### 4. What happens if I travel outside the UK for more than 180 days? You must not spend more than 180 days outside the UK in any 12-month period during your qualifying time. Exceeding this limit can break continuous residence and delay your ILR eligibility. Our solicitors can review your travel record and help calculate absences accurately before applying. --- ### 5. How do I apply for British citizenship after ILR? Once you’ve held ILR for 12 months, you may apply for British citizenship by naturalisation (or immediately if married to a British citizen). You’ll need to prove continuous residence, good character, and pass the Life in the UK Test. Lexvisa can prepare your citizenship application and supporting documents to ensure a smooth transition from ILR to full citizenship. --- ### 6. What documents are needed for an ILR application? You’ll typically need: - A valid passport and biometric residence permit - Proof of continuous lawful residence (payslips, tenancy agreements, employer letters, etc.) - Life in the UK Test pass certificate - English language qualification (if required) - Records of absences from the UK - Evidence of employment or self-employment (if applicable) Our team provides a bespoke document checklist tailored to your visa type and personal history. --- ### 7. What if my ILR application is refused - can I appeal? If your application is refused, you may be able to request an [administrative review or lodge an appeal](https://immigrationandvisasolicitors.co.uk/ukvi-home-office-immigration-appeals-judicial-review/), depending on the refusal grounds. Lexvisa’s solicitors can analyse the refusal notice, identify legal errors, and represent you in challenging the decision to protect your settlement rights. --- ### 8. What is the difference between ILR and Settled Status? Both give you the right to live and work in the UK without time limit, but they arise from different schemes. - ILR applies under the UK Immigration Rules. - Settled Status applies under the EU Settlement Scheme for EU/EEA/Swiss citizens and their families. Lexvisa can advise which category applies to you and guide you through the correct application. --- ### 9. How long does an ILR application take in 2025? The standard processing time is around 6 months, though priority and super-priority services (24 hours, 5 working days) are available for additional fees. Delays may occur if further information or biometrics are requested. Our solicitors ensure your application is complete, accurate, and ready for faster decision-making. --- ### 10. How can Lexvisa help me with my ILR application? We handle your ILR journey from start to finish, from eligibility checks and documentation to full legal representation. Our lawyers track the latest policy updates (including the 2025 earned-settlement reforms) to ensure you apply under the most advantageous route. [**Book a consultation**](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) to secure your UK settlement with confidence. --- # UK Ancestry Visa Source: https://immigrationandvisasolicitors.co.uk/uk-ancestry-visa/ The UK Ancestry visa route is for Commonwealth citizens who have a grandparent who was born in the UK and who wish to migrate to the UK with the freedom to live and work. This visa is granted for five years and opens up the entire job market to you in the UK without the restrictions of a working visa. After five years of continuous stay in the UK under this visa, you may apply for Indefinite Leave to Remain as long as you still meet with the requirements for the Ancestry visa. [Our immigration solicitors are regularly instructed](https://immigrationandvisasolicitors.co.uk/success/) to assist in the preparation of Ancestry visa applications and have a proven track record of obtaining ancestry visas for our clients. Our team are ready to meet with you in person or via Skype to consider whether you meet the eligibility requirements and once instructed will liaise with you in preparing your visa application with the requisite supporting documentation. ## Eligibility In order to be eligible, you must be over 17 years old and be able to provide documentary evidence of your ancestry. The grandparent you wish to rely on must have been born in one of the following circumstances: - In the UK, including the Channel Islands and the Isle of Man; - Before 31 March 1922 in what is now Republic of Ireland; or - On a British –registered ship or aircraft. Our immigration lawyers have extensive experience of assisting clients who wish to migrate to the UK with their dependants on an Ancestry visa. We understand that this type of visa route is reliant on extensive documentary evidence and are on hand to advise what is required to satisfy the Home Office’s requirements. ## Immigration Health Surcharge (IHS) The Immigration Health Surcharge (IHS) was introduced by the Home Office on 6 April 2015 and applies to temporary, non-EEA migrants who are coming to the UK for more than 6 months. Payment for IHS is collected by the Home Office and goes directly to the National Health Service (NHS). If instructed, our team of expert lawyers can consider whether you will need to pay the IHS. If you wish to consider your options, please contact our team today and arrange a meeting with a qualified immigration solicitor who can advise you of your options. ## Expert UK Immigration Solicitors [Our immigration solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) can help you prepare an application for an Ancestry visa and if required we can also assist your dependants in preparing their applications if they wish to accompany you. We have a proven track record of obtaining Ancestry visas for international clients. Our expert team offer some of the following services: - Consultation in person or via Skype or telephone with an experienced immigration solicitor who can advise on whether you meet the eligibility requirements and the merits of your application; - Tailored legal advice which will assist you in collating the documents required for an application; and - Preparation of the relevant application forms and legal representations. If you wish to have your documents checked by an expert immigration solicitor, please contact us so we can explore your options. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # UK Visa Appeals, Administrative & Judicial Reviews Source: https://immigrationandvisasolicitors.co.uk/ukvi-home-office-immigration-appeals-judicial-review/ In the complex area of legal proceedings, understanding the crucial processes is essential for anyone seeking to challenge administrative decisions, appeal unfavourable judgments, or ensure accountability of public authorities. Whether you are facing a decision by a government department, a lower court ruling, or seeking to hold public authorities to account, this guide will provide you with a clear overview of Administrative Review, Appeals, and Judicial Review in the UK legal system. Explore the following sections to gain insights into each process, including their definitions, purposes, procedures, and recent developments, empowering you to navigate the intricacies of these vital legal avenues with confidence. In order to ensure fairness, justice, and the preservation of individual rights, the UK legal system heavily relies on administrative review, appeals, and judicial review. These legal procedures act as checks and balances by enabling parties to contest judgements rendered by lower courts or administrative authorities, encouraging accountability and supporting the rule of law. [Our immigration solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) understand that this can be a very stressful time in a migrant’s life especially when they have to consider the impact the refusal will have on their business, work and family life. ## Administrative Review: You might be able to request an administrative review if your application for a UK visa has been rejected. The Home Office will assess your application during an administrative review to make sure the decision was made properly. To request an administrative review, all of the following conditions must be met: - You are outside the UK - You applied outside the UK - You do not have a right of appeal against the refusal - You did not make an application to visit the UK as a Standard Visitor (except if you applied as an S2 Healthcare Visitor) If you have the right to do so, it will be stated in the decision letter on your visa application. Within 28 days of receiving the decision, you must submit an application if you want an administrative review. Cost is £80. Online applications are accepted for administrative reviews. The administrative review conclusion can currently take six months or longer to be received. The Home Office will get in touch with you with an update if you have not heard anything about your application after six months. ## Administrative Review Process To apply for an administrative review, follow these steps: - Check that you are eligible for an administrative review. - Apply online within 28 days of receiving your refusal letter. - Pay £80 fee. - Wait for a response from the Home Office. ## Immigration Appeals If you have the right to appeal the decision and your application has been refused, you might be allowed to do so. Depending on the type of visa you requested and the reasons your application was denied, you may have the right to appeal. ## Types of Appeals There are two types of appeals: - Oral hearing: This is where you attend a hearing in person and present your case to an immigration judge. - Paper hearing: This is where your case is decided based on written submissions. ## Time Limits You have a limited window of time to file an appeal. If you reside outside of the UK, you have 28 days from the date of the letter of refusal to file an appeal. If you are in the UK, you have 14 days from when you receive the letter of refusal to file an appeal. ## Understanding Appeals in the UK **Definition and Purpose of Appeals:** In the context of law, an appeal is a request for a lower court or administrative body's judgement to be reviewed. The goal of appeals is to offer a procedure for fixing mistakes and guaranteeing that justice is done. Appeals help to keep a just and balanced judicial system in place by enabling parties to appeal unfavourable rulings. **Appellate Courts in the UK:** In the hierarchical framework of the UK legal system, each appellate court has a specific function. The Supreme Court, the final court of appeal for civil and criminal cases, sits at the pinnacle of the legal system. The Court of Appeal in England and Wales hears appeals before the Supreme Court. In addition, specialised tribunals handle particular topics including immigration, taxation, and employment. **Grounds for Appeal:** The appellant must prove that a mistake was made in the lower court's judgement in order to successfully file an appeal. Common grounds for appeal include substantive legal errors, procedural irregularities, or grave factual errors. The appellant must show that the mistake materially affected how the case turned out. ## The Process of Filing an Appeal **Initiating the Appeal:** The appellant must follow certain procedural rules in order to file an appeal. This entails presenting a notice of appeal within the allotted timeframes and providing pertinent records, such as the judgement of the lower court, transcripts, and legal arguments. It is strongly advised at this point to seek legal counsel and representation. **Appeals Procedure:** There are various steps in the appeals process. The appellant first submits written arguments describing the appeal's reasons. An oral hearing then follows, giving both parties a chance to argue their cases in front of the appellate court. Before rendering a judgement, the court carefully considers the lower court's ruling, the written arguments, and the oral arguments. **Case Management and Timelines:** To ensure effectiveness, appeals are handled inside the court system. The importance of adhering to deadlines strictly. Deadlines that are not met may lead to the appeal being dismissed. The seamless operation of appeals is ensured by effective case management, which also makes sure that all parties are informed of their responsibilities and deadlines. ## Judicial Review in the UK Definition and Purpose of Judicial Review: The legality of decisions made by public authorities, such as governmental departments or regulatory bodies, may be contested through judicial review. Judicial review is primarily used to make sure that public authorities follow the law, adhere to procedural fairness, and respect individual rights. It acts as a tool for holding government agencies responsible for their deeds. **Grounds for Judicial Review:** Legality, irrationality, and improper procedural practices are the justifications for starting judicial review proceedings. When a public authority goes beyond its legal authority or behaves unlawfully, it is said to be acting in an illegal manner. Decisions that are so irrational that no reasonable authority could have made them are considered to be irrational. When there are severe weaknesses in the decision-making process, procedural irregularity results. **The Process of Judicial Review:** A judicial review must be started by adhering to a set of rules. Pre-action guidelines call for the claimant to send a letter outlining their concerns before taking any further action, giving the public authority a chance to react. The matter moves on to a full judicial review hearing in the Administrative Court if authorisation is granted. After reviewing the decision's legality, the court may confirm, reverse, or send the decision back to the public authority for further consideration. ## Recent Developments: In the UK, the laws governing appeal and judicial review have significantly changed in recent years. For instance, the Judicial Review and Courts Bill 2021 seeks to make modifications to the judicial review procedure, including prospective adjustments to the review's grounds and its purview. To comprehend the effects of these legislative changes on the appeals and judicial review scene, it is crucial to keep up with them. ## Conclusion The UK legal system is not complete without appeals and judicial reviews because they provide avenues for redressing injustices, guaranteeing accountability, and preserving the rule of law. Anyone wishing to contest a judgement rendered by a lower court or other public authority must be familiar with the appeals process, the grounds for appeal, and the steps for starting judicial review or administrative review. People can better navigate the administrative reviews, appeals and judicial review processes, protecting their rights and advancing a fair and just legal system, by keeping up with recent developments. When engaging in appeals or judicial review proceedings in the UK, it is strongly advised to seek legal counsel and representation to secure the best results. ## Expert UK Immigration Solicitors If you have had a visa application refused and wish to consider your options of challenging the Home Office’s decision, please contact a member of our dedicated immigration team so we can arrange for you to meet with an experienced immigration solicitor who can consider your options with you. The Immigration Rules along with specific rules and regulations relating to Tribunal appeals and Judicial Review can be complex and daunting. Our team of expert lawyers who are located a short distance from the Upper Tribunal (Immigration & Asylum Chamber) often find themselves representing clients at the First tier and Upper Tribunal. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Turkish Nationals (Ankara Agreement) Source: https://immigrationandvisasolicitors.co.uk/ankara-agreement-turkish-nationals/ In 1973, the UK became bound by the European Community Association Agreement (ECAA) also referred to as the Ankara Agreement. Under the Ankara Agreement, Turkish nationals are allowed to establish themselves as a worker or in a business in the UK. After a certain period of time, this could allow a Turkish national to attain [Permanent Residence](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) in the UK. **Please note that as of 1 January 2021 this route has closed to new applicants as the Brexit transition period has come to an end. This route is still open for extension applications. ** [Our expert immigration solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are often instructed by Turkish nationals who wish to remain in the UK as a worker or business person under the ECAA route. If you are a Turkish national considering extending your Turkish Businessperson visa, our team can assist you and help you understand the procedure. ## Turkish Worker Visa If you are a Turkish national who wishes to apply to stay in the UK as Turkish Worker, you must have legally worked in the UK for at least a year on: - a [spouse visa](https://web.archive.org/web/20170116000810/https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/); - [work permit](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/); and - [student visa](https://web.archive.org/web/20190320134816/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa/) (restricted to working 20 hours a week). If you wish to consider your options of applying for a Turkish Worker visa, contact our expert immigration solicitors today so we can explore your options and explain how long you can stay in the UK on a Turkish Worker visa. ## Turkish Businessperson Visa (Self-Employed) We are [often instructed by clients](https://immigrationandvisasolicitors.co.uk/success/) who wish to apply for an extension of stay in the UK so they can establish a business or if they already have a business in the UK, they can continue to operate their business under the Ankara Agreement. Once a Turkish National has completed 4 years lawfully in the UK under this visa, they may be entitled to apply for [Indefinite Leave to Remain](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) (ILR). Our team are well informed with regard to the rules and regulations which apply to Turkish nationals and can meet with you to discuss your options for migrating to the UK or applying for settlement. ## Immigration Health Surcharge (IHS) The Immigration Health Surcharge (IHS) was introduced by the Home Office on 6 April 2015 and applies to temporary, non-EEA migrants who are coming to the UK for more than 6 months. Payment for IHS is collected by the Home Office and goes directly to the National Health Service (NHS). If instructed, our team of expert lawyers can consider whether you will need to pay the IHS. If you wish to consider your options, please contact our team today and arrange a meeting with a qualified immigration solicitor who can advise you of your options. ## Expert UK Immigration Solicitors [Our immigration solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) can help you prepare a visa application; our expert team offer some of the following services: - Consultation in person or via Skype or telephone with an experienced immigration solicitor who can advise on whether you meet the eligibility requirements and the merits of your application; - Tailored legal advice which will assist you in collating the documents required for an application; and - Preparation of the relevant application forms and legal representations. If you wish to have your documents checked by an expert immigration solicitor, please contact us so we can explore your options. We are an [Immigration law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Business Immigration News Source: https://immigrationandvisasolicitors.co.uk/business-immigration-law-news/ --- # Croatian Nationals Source: https://immigrationandvisasolicitors.co.uk/uk-registration-certificate/   This route is now closed and Croatian nationals can consider an application under the EUSS.  As of 1 July 2013, Croatia became a member of the European Union which means that Croatian nationals no longer need permission under the UK’s Immigration Rules to reside in the UK. Croatian nationals have a right of residence in the UK for the first 3 months on an unrestricted basis after which they may qualify for a blue, yellow or purple registration certificate. [Our expert immigration team](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) regularly consult with EEA nationals (Croatian nationals) and have the relevant expertise to consider your options of applying for a suitable certificate so you can reside in the UK for more than 3 months. Through our extensive experience, we are familiar with the application process and the documents an applicant is required to produce to demonstrate that they meet the requirements for this visa. ## Blue Registration Certificate for Highly Skilled Croatian Nationals [Blue Registration Certificate](https://www.gov.uk/croatian-national/blue-registration-certificate) shows the right to work in the UK without restrictions. It will be issued to highly skilled Croatian nationals, who are exempt from the requirement to work authorisation. The Certificate will show that they can work freely and don’t need to show any other or additional documents to employers. We assist Croatian nationals living in the UK in applying for the Blue Registration Certificate. Amongst other requirements you will need to meet, you will first need to show that you have one of the following from a UK educational institution: - a degree; - a teaching qualification; or - a Higher National Diploma. You should also apply for a Blue Registration Certificate in you have a Tier 1 Exceptional Talent endorsement. We have recently written about the Tier 1 Exceptional Talent requirements [here.](https://immigrationandvisasolicitors.co.uk/uk-tier-1-exceptional-talent-visa/) ## Yellow Registration Certificate for Students, Self-employed and Self-sufficient Croatian Nationals You can apply for [Yellow Registration Certificate](https://www.gov.uk/croatian-national/yellow-registration-certificate) if you want to work while you are a student in the UK. Students will be allowed to work up to 20 hours a week unless the work is part of a vocational course, which included work placement and is vital to the study. You will need to: - have private comprehensive health insurance or a European Health Insurance Card (EHIC); - have a letter from your UK college, university or other places of study with the name of your course and the start and end dates; and - have a proof that you’ve got enough money to support yourself. Self-employed and self-sufficient people may wish to apply for a Yellow Registration Certificate to prove their right to be self-employed or self-sufficient. ## Purple Registration Certificate for Croatian Nationals who are subject to work authorisation [Purple Registration Certificate](https://www.gov.uk/croatian-national/purple-registration-certificate) can be issued to a Croatian national who wishes to work in the UK and is subject to work authorisation. These certificates are issued to workers and contain the name of the employer that the holder can work for and the category the can engage in. Your employer will need to be in the list of registered sponsors for this type of certificate. In order to apply for Purple Registration Certificate, you will need to have a job offer and Certificate of Sponsorship number from your employer. Some jobs may also require a good level of English. As mentioned above, Croatian nationals are required to obtain permission to work before they start the employment in the UK unless they are exempt from work authorisation. You would not have to apply if you: - were working legally in the UK without restrictions on 30 June 2013; - got a UK visa or work permit before 1 July 2013 which is still valid; - have been working in the UK for a continuous period of 12 months ending on or after 30 June 2013; - work for an EU company which doesn’t usually operate in the UK (you’re a ‘posted worker’); - are a permanent UK resident or you have dual nationality including another [European Economic Area (EEA)](https://www.gov.uk/eu-eea) country; - are the partner of a British citizen; - are the partner, child or dependent relative of an EEA citizen (other than a Croatian) or of a person settled in the UK; - are a member of a diplomatic mission in the UK; and - were granted a blue registration certificate that says you’re highly skilled, e.g. because you hold a degree. ## Expert UK Immigration Solicitors [Our immigration solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) can help you understand the difference between the Certificates and consider which one is suitable for you.  Please contact a member of our team and book a consultation in person or via Skype or telephone with an experienced immigration solicitor who can advise on whether you meet the eligibility requirements and the merits of your application. If you wish to have your documents checked by an expert immigration solicitor, please contact us so we can explore your options. We are an [Immigration law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Individual Immigration News Source: https://immigrationandvisasolicitors.co.uk/uk-individual-immigration-law-news/ --- # UK Graduate Visa Guide Source: https://immigrationandvisasolicitors.co.uk/graduate-entrepreneur/ *The United Kingdom's Graduate Visa has emerged as a game-changer for international students aspiring to build their careers in the UK after completing their studies. Introduced in 2021, this post-study work visa offers an excellent opportunity for foreign students who have successfully completed a course at the UK bachelor's degree level or above with a Home Office-approved higher education provider. In this detailed guide, we'll explore the eligibility criteria, application process, costs, and recent updates, providing you with valuable insights into making the most of the Graduate Visa.* ## Understanding the Eligibility Criteria To be eligible for the UK Graduate Visa, certain criteria must be met: - You must be in the UK. - Your current visa should be a Student visa or Tier 4 (General) student visa. - You should have completed a UK bachelor's degree, postgraduate degree, or another eligible course with your current visa. - Your education provider must inform the Home Office that you have successfully completed your course. It's essential to check your course's eligibility and the duration you need to have studied in the UK to qualify for the Graduate Visa. ## Duration of Stay The Graduate Visa typically lasts for 2 years, and for those with a Ph.D. or other doctoral qualification, it extends to 3 years. This visa allows you to work in various job roles across a wide range of UK businesses, providing you with valuable work experience. However, it's important to note that the Graduate Visa cannot be extended. If you wish to stay longer in the UK, you may explore options like switching to a different visa, such as the Skilled Worker visa. ## Application Process and Timing To apply for the Graduate Visa, you must submit your application online. Your partner and children can also apply to stay in the UK if they meet the eligibility criteria. The application must be submitted before your Student visa or Tier 4 (General) student visa expires. The decision-making process typically takes up to 8 weeks after you've submitted your application online, proved your identity, and provided the necessary documents. During this period, you are allowed to stay in the UK. ## Financial Considerations When applying for the Graduate Visa, certain costs need to be considered: - £822 application fee - Healthcare surcharge, usually £624 for each year you'll be in the UK If you work in public sector healthcare, alternative visa options may be available, such as the Health and Care Worker visa, which is both cost-effective and does not require the annual immigration health surcharge. ## What You Can and Cannot Do with a Graduate Visa The Graduate Visa offers a range of opportunities, including the ability to work in most jobs, look for work, be self-employed, continue living in the UK with eligible family members, do voluntary work, and travel abroad with the flexibility to return to the UK. However, certain restrictions apply, such as the inability to apply for most benefits (public funds) or the State Pension, and restrictions on working as a professional sportsperson. ## Studying with a Graduate Visa While the Graduate Visa primarily focuses on work opportunities, it allows limited study options for courses that are not eligible for a Student visa. If your course is eligible for a Student visa, you can extend your Student visa instead. ## Update: Spring 2024 Review of the Graduate Visa In Spring 2024, the UK government has initiated a review of the Graduate Visa, reflecting its commitment to ensuring the route aligns with the country's best interests. The Migration Advisory Committee will assess the effectiveness, potential abuse, and the future career paths available to international graduates. Businesses relying on international talent should closely monitor these developments, as the outcomes of the review may impact future recruitment strategies. It underscores the importance of staying informed about any changes to the Graduate Visa route and adapting strategies accordingly. ## Conclusion In conclusion, the UK Graduate Visa provides a valuable pathway for international graduates to kickstart their careers in the UK. By understanding the eligibility criteria, application process, and staying updated on recent developments, you can make informed decisions to maximize the opportunities offered by this post-study work visa. ## Why Instruct Our Specialist Immigration Solicitors? At DJF Solicitors, [our team of specialist London immigration lawyers](https://immigrationandvisasolicitors.co.uk/) will always act in your best interest. We offer a client-tailored approach from the outset. From the very first meetings, we will be able to advise you in respect of your prospects of submitting a visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our expert London Immigration Team so we can assess your case and arrange your legal consultation to discuss your visa application. ## Contact Us For professional guidance and assistance with your application, contact our [immigration solicitors](https://immigrationandvisasolicitors.co.uk/) on 02030110276 or complete our [contact form](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/). --- # UK Business Visit Visa Source: https://immigrationandvisasolicitors.co.uk/business-visit-visa/ If you wish to visit the UK to carry out business related activities, you must apply for a [Standard Visitor Visa](https://web.archive.org/web/20190319122442/https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/). Prior to 2015, those who wished to visit the UK for business purposes had to hold a valid Business Visit Visa. The current immigration rules have replaced all other types of UK visit visas which is why it is now vital to demonstrate your proper intentions of applying for and meeting all of the requirements for a [Standard Visitor Visa](https://www.gov.uk/standard-visitor-visa). [Our expert business immigration team](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are regularly instructed by business visitors and are aware of the importance of submitting a properly executed application. We regularly consult with clients who have had their previous visa applications refused primarily due to the lack of evidence they submitted in support. Through our extensive experience we understand the importance of preparing an application which clearly highlights how the applicant meets the UK Immigration Rules. ## Business Related Activities – UK Business Visit Visa The Home Office consider the following to be ‘business related activities’ which may then be the basis for Applicants applying for a Standard Visitor Visa: - Attending a conference, meeting or training; - Participating in a specific sports-related event; - Performing as an artist, entertainer or musician; - Researching or accompanying students on a study abroad programme as an academic; and - Taking the Professional and Linguistic Assessment Board (PLAB) test or sitting the Objective Structured Clinical Examination (OSCE). If you wish to discuss whether your activity is considered to  be “business related”, please contact a member of our team so we can book a consultation with you and explore your options of applying for a suitable visa. ## Expert UK Business Immigration Solicitors [Our immigration solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) can help you prepare your Business Visit Visa application and our expert team offer some of the following services: - An initial consultation either in person or via Skype or telephone with an experienced immigration solicitor who can advise on whether you meet the eligibility requirements and the merits of your application; - Tailored legal advice which will assist you in collating the documents required for an application; and - Preparation of the relevant application forms and legal representations. If you wish to have your documents checked by an expert immigration solicitor, please contact us so we can explore your options. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Sole Representative Visa (Overseas Business) Source: https://immigrationandvisasolicitors.co.uk/sole-representative-visa-uk/ *On 1 December 2020, the previous Immigration Rules (paragraph 144) governing the Representative of an Overseas Business visa was replaced with* *Appendix Representative of an Overseas Business. All applications from 1 December 2020 must be submitted in accordance with his Appendix. A Representative of an Overseas Business visa (also referred to as the Sole Representative visa) was introduced for those who wish to establish a branch of an overseas business that has no presence in the UK. Applicants must apply for a Representative of an Overseas Business visa from outside the UK and can bring their [dependants](https://immigrationandvisasolicitors.co.uk/points-based-system-dependant/) with them. The visa is valid for 3 years but can be extended for a further 2 years after which there is an opportunity for settlement.* ## What are the latest changes to the Representative of an Overseas Business visa? There were no major reforms to this particular route despite the old Immigration Rules for this visa being replaced with Appendix Representative of an Overseas Business. All applications from 1 December 2020 must be submitted in accordance with his Appendix. The old rules have been deleted. ## What are the requirements for a Representative of an Overseas Business visa? All applications must be submitted in accordance with Appendix Representative of an Overseas Business. There are a number of requirements that must be satisfied. Migrants must be applying to be the Sole Representative in the UK of the overseas employer who intends to establish and operate a registered branch or wholly-owned subsidiary of the overseas business. The main requirements are: - The Sole Representative must have been recruited and employed from outside the UK by the overseas employer. The Sole Representative must intend to work full-time for the UK branch and not engage in any other employment; - The Sole Representative must be a senior employee and have the power to make operational decisions but must not be a majority shareholder in that overseas business; - The overseas business must have its headquarters and principal place of business outside the UK and must not have an existing branch or subsidiary in the UK; and - The Sole Representative must meet the maintenance and the English language requirement. Migrants must comply with the conditions attached to their leave once they arrive in the UK and must register with the police. ## Genuine Commercial Enterprise under the Sole Representative Visa The Representative of an Overseas Business visa requires that the overseas headquarters or parent company should remain abroad, rather than to relocate to the UK. However, this does not preclude the scenario where the UK branch would become more successful to even overshadow the headquarters or parent company later on. The Applicant must produce evidence that the overseas company is a genuine commercial enterprise; otherwise, the Home Office would question whether there is genuine intention to set up a business in the UK or intention to circumvent the immigration law on Tier 1 visa application. ## What is the Representative of an Overseas Business visa? A Representative of an Overseas Business visa is a popular business visa for senior employees of overseas companies who wish to establish and operate a registered branch or wholly-owned subsidiary in the UK. Once the visa is granted the chosen Sole Representative of the overseas business will have permission to start business operations in the UK. ## Permitted activities on the Representative of an Overseas Business visa Migrants who enter the UK on a Representative of an Overseas Business can work only as a representative for the business which they have been granted entry to represent. Migrants may also study as long as it does not interfere with their primary activity as a representative of the business they are representing. Migrants are prohibited from working for themselves or any other business. Migrants are also prohibited from accessing public funds. ## What is the visa length for Representative of an Overseas Business visa application cost? Migrants who submit a successful entry clearance Representative of an Overseas Business visa will be granted a 3-year visa. It is possible to extend the visa for a further two years (FLR IR). Migrants who accumulate 5 years on this route can apply for indefinite leave to remain (settlement). In order to apply for settlement, migrants must ensure they have respected and abided their visa conditions in the entire 5 year period. ## How much does a Representative of an Overseas Business visa application cost? Migrants applying for a Representative of an Overseas Business visa from outside the UK will need to pay £610 for the Home Office visa application. Applications submitted from within the UK (extension) will cost £704 and £19.20 to have your biometric information taken. The correct procedure is to apply for entry clearance. Migrants will be required to pay the Immigration Health Surcharge (IHS) payment which costs £624 per year. ## How our immigration solicitors can help with a Representative of an Overseas Business visa application Our immigration solicitors in London specialise in Representative of an Overseas Business visa applications and prepare applications to the highest standard. We have an impeccable track history of submitting successful Representative of Overseas Business visa applications for a range of different clients. The key to submitting successful applications is being aware of the relevant Immigration Rules. Our immigration solicitors in London guide Applicants through the requirements and prepare detailed legal submissions in support of the application. In addition to the legal representations, our team of solicitors also provides multiple substantial reviews of the application bundle to ensure that the correct documentary evidence is submitted. We also prepare and assist with the submission of the application. ## Using our immigration solicitors to submit a Representative of an Overseas Business visa application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Representative of an Overseas Business visa application. Caseworkers at the Home Office are trained to reject applications, which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Representative of an Overseas Business visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Representative of an Overseas Business visa application meets the Immigration Rules. ## Successful Representative of an Overseas Business visa application with our immigration solicitors Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Representative of an Overseas Business visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice, and other central London courts. Preparation is the key to a successful Representative of an Overseas Business visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our contact form --- # UK Business Sponsor Licence Source: https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/ # Sponsorship License For Employers In order to employ an overseas national, it is necessary to obtain a sponsor licence regardless of the duration of their employment. This licence may also be required if an overseas volunteer is invited to work for a charity fund. Sponsorship licences in the UK are granted by the Home Office, which is the British immigration service. When registering and applying for a sponsor licence, it is important to keep in mind two things: hiring an experienced immigration advisor who can provide consultations and act as a legal representative before the Home Office, and ensuring that the company meets all the necessary requirements, including being registered and operating in the UK, being a reliable sponsor, having a clean immigration and criminal record, and not having lost a sponsorship licence before due to violating immigration requirements. # Choosing The Correct Type Of Sponsorship License The type of sponsor licence required is dependent on the category of overseas workers intended for employment, which is determined by the necessary documents for their entry into the UK. Long-term work visas are granted to qualified migrant workers seeking permanent employment in the UK, including Skilled Worker visa holders for intra-company transfers, sportspeople, and religious ministers. Temporary visas are issued to bring qualified migrant workers to the UK for a specific duration, such as seasonal work or internships, charity work, tours, competitions, or conferences. Sponsorship licences can permit the invitation of migrant workers from either or both visa categories, and employers are required to provide comprehensive assistance to invited workers. Employers must also pay migrant employees the minimum salary for their position, while the invited worker must demonstrate sufficient experience and qualifications. Finally, the employer must inform the Home Office of how they found the employee, who is then provided with a certificate of sponsorship. # Sponsorship Management System (“SMS”) To obtain approval for your application in the UK, it is necessary to have designated individuals in your business fulfilling the necessary management roles. In order to effectively [manage the sponsorship system](https://immigrationandvisasolicitors.co.uk/sponsorship-management-system-sms/), the following specialists are required: an authorising officer who oversees personnel, key contacts, and representatives; a key contact who serves as the primary liaison with the Home Office; and a level 1 user who directly manages the issued licence and has the ability to grant or revoke sponsorship certificates. It is possible for a company to have multiple level 1 users as well as level 2 users, who have limited access to the sponsorship management system. These functions can be performed by different employees or the same individual, but the company must have at least one designated level 1 user. The Home Office mandates that all employees responsible for managing the sponsorship system must be qualified for their respective positions. This includes spending the majority of the year in the UK, possessing relevant expertise, having no criminal or immigration violations, and having no outstanding tax debts. Additionally, such individuals cannot be majority shareholders of a company whose sponsorship licence was revoked in the past 12 months. # Application Procedure For Sponsorship License: ## Step 1: Determine Your Eligibility The first step to applying for a Sponsorship License is to determine if your organisation is eligible to apply. To be eligible, your organisation must be operating lawfully in the UK and offer genuine employment that meets the skill and salary level required for the visa being sponsored. Additionally, you must have the resources and systems in place to fulfill your sponsor duties and responsibilities. ## Step 2: Choose The Type Of License You Need The next step is to choose the type of Sponsorship License you need. There are two types of licenses available: Tier 2 and Tier 5. A Tier 2 License allows you to sponsor skilled workers with job offers, while a Tier 5 License allows you to sponsor temporary workers. The type of license you need will depend on the type of workers you plan to sponsor. [Contact Lexvisa](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) to get advice on choosing the correct license. ## Step 3: Gather The Required Information Before you can apply for a Sponsorship License, you need to gather the required information. This includes: - Your organisation's name, address, and registration number. - Details of the nominated individuals who will act as key personnel responsible for managing the sponsorship process. - The type of Sponsorship License you need. - The number of certificates of sponsorship you require. ## Step 4: Complete The Online Application Once you have gathered the required information, you can begin your online application. The application will require you to provide the details mentioned in Step 3, along with additional information, such as: - Details of your organisation's HR and recruitment processes. - The job roles and descriptions of the workers you plan to sponsor. - The salary and benefits offered to the sponsored workers. - Evidence of your organisation's ability to comply with immigration laws. ## Step 5: Pay The Required Fees To become a sponsor, commercial organisations must pay a licensing fee that varies from £611 to £1,682 depending on the category of migrant workers and the size of the company. The Home Office typically takes up to eight weeks to review and approve an application, with the sponsorship licence being valid for four years. Employers have the option of renewing the licence before its expiration or paying an additional fast-track fee to obtain the sponsor licence within two weeks. ## Step 6: Provide Supporting Documents After you have paid the fees, you will need to provide supporting documents to the Home Office. These may include: - Your organisation's latest accounts. - Your VAT registration certificate. - Your employer liability insurance certificate. - Details of your recruitment practices and employment history. [Contact Lexvisa](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) for further information on the specific documents that will be required from you in support of your application. ## Step 7: Compliance Visit After you have submitted your application and provided the supporting documents, a Home Office representative may visit your organisation to assess your compliance with immigration rules. This is to ensure that you can fulfil your sponsor duties and responsibilities. # Sponsorship License Rating System The UK government has a rating system for companies sponsoring overseas workers, which determines the level of responsibility and trustworthiness of the sponsor. An A-rated licence is given to companies that have demonstrated a high level of compliance with the sponsorship rules and are able to issue certificates of sponsorship to foreign nationals. On the other hand, a B-rated licence is given to companies that have failed to meet one or more of their sponsor duties, such as failing to pay the minimum salary required by law. With a B-rated licence, companies are not able to issue new certificates of sponsorship but can still renew existing work visas. If a company's licence is downgraded to B-rating, they must contact the Home Office within 10 days to obtain a plan of action to upgrade to an A-rating. However, if a company is downgraded more than twice within a four-year period, their sponsor licence will be void. In such cases, it is difficult to obtain a new sponsor licence, and companies may face a 12-month wait before they can reapply. Obtaining an A-rated licence is the key to issuing certificates of sponsorship and hiring foreign nationals, but if a sponsor fails to meet their responsibilities, such as not paying the required salary to migrant workers, their licence may be downgraded to B-rating. With a B-rated licence, the sponsor is not permitted to issue new certificates but can renew previously issued visas. Sponsors who have been downgraded to B-rating must contact the Home Office within 10 days to receive instructions on how to upgrade to an A-rating, otherwise their licence will be revoked. # Sponsorship License In The UK After Brexit Since January 1, 2021, EEA and Swiss nationals are considered "foreign" and require a sponsor licence. The sponsor guarantees that they are ready to take responsibility for foreign employees and assist them in preparing the necessary documents for a visa application. To hire foreign nationals, UK-registered companies must obtain a sponsor licence and make sure their company meets the requirements. The type of sponsor licence depends on the category of migrant workers. The UK's withdrawal from the European Union has resulted in changes to the country's immigration system. One of these changes is the introduction of a points-based system for non-UK nationals who want to work in the UK. To employ these workers, UK employers must apply for a Sponsorship License from the Home Office. In this guide, we will provide you with a comprehensive overview of the application process for obtaining a Sponsorship License in the UK after Brexit. # FAQs **Q:** How long does it take to obtain a Sponsorship License? **A: **The processing time for a Sponsorship License application can vary depending on several factors, including the type of license, the size of your organisation, and the complexity of your application. However, the Home Office aims to process 90% of Sponsorship License applications within 8 weeks. **Q:** Can I appeal a decision if my application is refused? **A:** Yes, you can appeal a decision if your application is refused. The appeal process will depend on the reasons for the refusal and may involve a review by an independent tribunal. **Q:** What are my sponsor duties and responsibilities? **A:** As a sponsor, you are responsible for several duties, including: - Ensuring that the sponsored workers have the right to work in the UK. - Keeping records of the sponsored workers' attendance and reporting any changes to their circumstances. - Reporting any breaches of immigration rules. - Co-operating with the Home Office during compliance visits. - Informing the Home Office if the sponsored workers are not complying with the conditions of their visa. **Q:** Can I apply for a Sponsorship License if I have never sponsored workers before? **A:** Yes, you can still apply for a Sponsorship License even if you have never sponsored workers before. However, you must be able to demonstrate that you have the resources and systems in place to fulfill your sponsor duties and responsibilities. **Q:** What is the validity of a sponsorship license in the UK? **A:** The validity of a sponsor license in the UK after Brexit is four years. After this time, employers will need to renew their license if they wish to continue sponsoring skilled workers from outside the UK. ## Conclusion Obtaining a Sponsorship License in the UK, specifically after Brexit, can be a complex process. By following the steps outlined in this guide, you can ensure that your application is successful. Remember to carefully consider your eligibility, choose the correct type of license, gather all the required information, complete the online application, pay the required fees, provide supporting documents, and be prepared for a compliance visit. By fulfilling your sponsor duties and responsibilities, you can help ensure that your organisation can continue to benefit from skilled workers from around the world. To read more on obtaining a Sponsorship Licence, read our dedicated article [here](https://immigrationandvisasolicitors.co.uk/sponsorship-licence-hiring-migrant-workers/). # UK Business Sponsor Licence Solicitors [Our immigration lawyers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) have extensive experience in preparing Sponsor Licence applications for businesses/employers regardless of whether the employer is a start up or large enterprise. Our immigration team can offer the following services: - Consultation with an experienced business immigration solicitor who can advise on the eligibility criteria of a Sponsor Licence application; - Provide the business/company with a bespoke supporting documents list which will assist in collating documents required for the Sponsor Licence application; - Prepare the relevant application form and detailed legal representations to accompany the application; and - If necessary liaise with the Home Office to track the progress of the application. We are an [Immigration law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Sponsorship Management System (SMS) Source: https://immigrationandvisasolicitors.co.uk/sponsorship-management-system-sms/ Once a business has been granted a [Sponsor Licence](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/), it will have access to the Sponsorship Management System (SMS). This online tool allows Sponsors' to assign Certificates of Sponsorship (CoS) to migrants who wish to come to or stay in the UK. As a Sponsor, the SMS allows you to fulfil reporting duties for sponsored migrants. [Our business immigration solicitors are regularly instructed](https://immigrationandvisasolicitors.co.uk/success/) by businesses to undertake the functions of a Level 1 User and essentially undertake the businesses day-to-day sponsorship activities. This includes assigning CoS to migrants, applying for and assigning restricted CoS and [renewing sponsor licences](https://web.archive.org/web/20170218045735/https://immigrationandvisasolicitors.co.uk/renew-sponsor-licence/). ## Assigning a Certificate of Sponsorship (CoS) A CoS is not a paper certificate but a virtual document which can be obtained by completing an online form on the SMS. When you assign a CoS, a reference number is generated and this must be given to the migrant as they will need this when they make their [application for a visa](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/). Once a migrant has a CoS they should make an application for a visa within 3 months; if unused, the CoS will expire and a new one must be issued. ## Using the Sponsorship Management System You can use the Sponsorship Management System to: - Change details of your organisation such as the address, name, details of an existing key contact or authorising officer; - View your licence renewal date; - View all CoS you have assigned; and - Report a worker’s activities in accordance with the sponsorship duties. Our immigration lawyers understand that these tasks can be time-consuming for busy organisations and are regularly instructed to act as Level 1 Users so they can manage these activities on behalf of the organisation with their instructions. If you wish to discuss the services we offer in this regard, please [contact](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/) a member of our dedicated team today. We can then arrange for you to meet with one of our experienced business immigration solicitors who will put a package together which suits your needs. We are an [Immigration law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Sponsor Licence Renewal Source: https://immigrationandvisasolicitors.co.uk/renew-sponsor-licence/ A Sponsor Licence is valid for 4 years after which it will expire. Sponsors can view their Sponsor Licence expiry date online via [Sponsor Management System (SMS)](https://immigrationandvisasolicitors.co.uk/sponsorship-management-system-sms/) and make an application to renew Sponsor Licence for a further 4 years. UK Visas & Immigration tend to write to Sponsors at least 3 months before the expiration of a Sponsor Licence to remind them of the impending expiration date. However, it is ultimately the responsibility of the Sponsor to ensure that an application for renewal has been made correctly and in good time. Our expert business immigration lawyers are regularly instructed to act as Level 1 users which enables them to renew Sponsor Licences on behalf of business clients. ## Requirements to Renew Sponsor Licence If you are a business wishing to renew your Sponsor Licence, we would advise you to undertake proactive steps to ensure you are ready to submit an application. In some circumstances, the Home Office may visit business premises to ensure that sponsors are complying with their sponsorship duties and if their application for renewal is granted, they will continue to do so. Before the submission of a renewal application, our business immigration solicitors can assist you with the following: - Carry out a full [mock Home Office audit](https://immigrationandvisasolicitors.co.uk/home-office-compliance-visit/) to ensure that your HR systems and procedures are in order before a UKVI visit; - Ensure you are aware of your sponsor duties and of any relevant changes in the Immigration Rules and Home Office Policy Guidance; - Ensure you have the correct documentation in place to support any renewal application (should UKVI request the same); and - Ensure that you are complying with your sponsor duties such as you are keeping accurate records of sponsored migrants and [Right to Work Checks](https://immigrationandvisasolicitors.co.uk/home-office-updates-right-work-checks-uk-employers/), you are reporting information to UKVI and you are complying with the law. Our expert immigration lawyers are regularly instructed to assist in the preparation of Sponsor Licence renewal applications and can advise you of the options and services available to your business. ## Failure to Renew Sponsor Licence If the Sponsor Licence expires at the end of the period of its validity and it is not renewed, the organisation will no longer be a licensed Sponsor and its name will be removed from the Home Office’s public register. The organisation will not be able to access their [SMS online account](https://immigrationandvisasolicitors.co.uk/sponsorship-management-system-sms/), it will no longer be able to assign any more CoS and more importantly, if the organisation has any Tier 2 or Tier 5 workers, their leave in the UK will be reduced to 60 days. [Our expert immigration lawyers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) understand how vital migrant workers are to businesses in the UK and are on hand to advise on Sponsor Licence renewals to avoid any disruption to the organisation. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional business immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Suspension/Revocation of a Sponsor Licence Source: https://immigrationandvisasolicitors.co.uk/sponsor-licence-revocation-suspension/ As a [licensed sponsor](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/), the Home Office considers that businesses and educators will benefit directly from migration and as such are expected to play their part in ensuring that the immigration system is not abused. Once a business or educational institution obtains the title of a licenced sponsor it is expected to comply with its sponsor duties and it must take responsibility for each migrant it has sponsored to work or study. Failure to comply with the Home Office Sponsor Licence duties can result either in a Sponsor Licence Suspension or a Sponsor Licence Revocation. ## Sponsor Licence Suspension/Revocation The Home Office has the power to suspend a business's Sponsor’s Licence if they believe the organisation or key personnel are breaching their duties and pose a threat to immigration control. In these circumstances, the Home Office will suspend the licence temporarily whilst they make further enquiries and the business will have its name removed from the Home Office’s register for Sponsors. The Home Office will inform businesses by way of a letter and they may be given the opportunity to make representations as to why their Sponsor Licence should not be revoked. ## Immediate Revocation of a Sponsor Licence The following are some of the reasons for the Home Office to revoke your Sponsor Licence straight with immediate effect: - You are found to have provided false information in support of your Sponsor Licence application; - Your business has run into difficulty such as it has gone into liquidation or you have a bankruptcy order against you; - Your business is sold or you cease to have an operating/trading presence in the UK; or - You have been issued with the maximum civil penalty for an illegal worker. In these circumstances, you will not be granted a right of appeal and your only remedy may be to judicially review the Home Office’s decision. Crucially, any migrant workers employed by your organisation will find that their leave is reduced to 60 days and it is advisable that they consult an expert immigration lawyer for advice as to their options. ## Temporary Revocation of a Sponsor Licence The following are some examples of when the Home Office may make the decision to revoke a Sponsor Licence but may give the business the opportunity to make submissions against this decision: - Your Sponsor Licence application was prepared by a firm whose authorisation was subsequently removed; - You fail to pay migrant workers the appropriate salary; - You fail to provide documents required by the Home Office to evidence you are complying with your Sponsor Licence duties; - You pay a migrant sponsored worker in cash; - You fail to co-operate with UKVI compliance visits; and - You are found to sponsor a migrant who has not complied with the conditions of their permission to stay in the UK and you did not follow good practice set out by the Home Office. [Our business immigration lawyers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are aware that the above list is not exhaustive and regularly consult with businesses that face revocation for other reasons. On these occasions, our specialist immigration team have been instructed to prepare detailed representations in favour of businesses which feel they have complied with their duties and should not be subject to Sponsor Licence Suspension or Sponsor Licence Revocation. ## Downgrading a Sponsor Licence (B-rating) In some situations, the Home Office may downgrade sponsor licences to a B-rating. In our experience, this could be when UKVI compliance officers are not satisfied that the business is using the correct procedure to comply with its sponsor duties or when a business has not complied with UKVI’s request for information/documents within the time frame. Commonly, if you are a business which the Home Office wishes to investigate, you will be sent a letter by UKVI in which you are informed of the action which will be taken and you will be afforded the opportunity to make written submissions as to why you should maintain an A-rating or how you intend to change your processes and procedures to ensure that you will maintain an A-rating. ## Student Sponsor Licence Revocation As with business sponsors, educational institutions also have to comply with their sponsor duties otherwise the Home Office will use its powers to revoke the sponsor licence. If the Home Office decides to revoke an academic institution's sponsor licence, the sponsor will be given the opportunity to respond to the findings in writing usually within 20 working days (unless the Home Office grants them an extension in exceptional circumstances). The Home Office will consider any representations the sponsor makes but, unless these demonstrate that no serious breach of the sponsorship duties has occurred, the sponsor’s licence is highly unlikely to be reinstated. Where an academic institution's sponsor’s licence is revoked, the school will be banned from the Register of Sponsors; usually for 2 years. This ban will also apply to the key personnel appointed by the institution. An academic institution sponsor can continue to teach students after their licence is revoked for six months or until the end of the student’s current academic year depending on whichever is the longest. Where a common academic year end does not apply to all students, each case will be considered on an individual student basis. Where the Home Office does not consider that any of the sponsor’s students should be permitted to continue studying, they will write to each student curtailing their leave to 60 calendar days from the date of the letter. ## Our Business Immigration Solicitors in London [Our business immigration lawyers are regularly instructed](https://immigrationandvisasolicitors.co.uk/success/) to make submissions with supporting evidence to demonstrate that the organisation had robust processes and procedures in place and sponsor duties were being complied with. It is important to be aware of the Home Office’s expectations so you are able to maintain a reputation of being an A-rated sponsor. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional business immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # UKVI Civil Penalties/Fines Source: https://immigrationandvisasolicitors.co.uk/ukvi-penalties-fines-uk-business/ To avoid civil and criminal liabilities, all employers regardless of whether they are a [licenced sponsor](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) or not must understand who can work in the UK without permission. If a business is found to be employing workers who do not have the correct permission to work in the UK or who have restrictions on how many hours they can work, it will be subject to a range of UKVI penalties. ## Sanctions for Businesses The following are the possible UKVI penalties that UK businesses and key personnel may face: - Civil penalties of up to £20,000 for each illegal worker; - Revocation of Sponsor Licence after which an application for a new licence can only be made 12 months after the revocation date; - Prosecution for possessing an ID document (or a copy of it) that is false or improperly obtained (you could face up to 2 years imprisonment and/or receive unlimited fine); - Disqualification as a company director; and - If the Home Office need to take action to enforce payment of a civil penalty, this could adversely affect the business or key personnel’s ability to obtain credit. The above list is not exhaustive and businesses that are found to be employing illegal workers with no permission to work in the UK will be listed on the Home Office’s website with full details of the penalties they received. Businesses should, therefore, consider seeking legal advice to ensure that they are [compliant](https://immigrationandvisasolicitors.co.uk/ukvi-compliance-audits/) with Home Office and UKVI regulations or they may face harsh penalties and loss of reputation. ## Right to Work Check Employers must ensure all their overseas employees provide immigration documents which confirm their right to reside in the UK lawfully and without limitations to work. In some instances, employee’s may have a limited work capacity (i.e. students on Tier 4 visas are only permitted to work 20 hours per week). One way of ensuring your employees have the correct permission to work is by conducting a Right to Work check. The [new Home Office guide](https://www.gov.uk/government/publications/right-to-work-checks-employers-guide) sets out what an employer needs to know about conducting Right to Work checks. It provides guidance on what right to work checks are and why it is important that employers do them. It also explains on whom an employer needs to make checks, how frequently they need to do so, and how to do the checks correctly. The Home Office updated guide on the checks states that should be conducted by the employer include the following steps must be undertaken; - Employers must obtain the employee’s original documents as prescribed in the Home Office guidance; - Check in the presence of the employee that the documents are original and valid; and - Copy and keep the documents securely and record the date of the check and date for follow-up checks. It should be noted that all of the above steps must be conducted if employers wish to be able to establish or retain an excuse against a liability for a civil penalty for employing a person who is not permitted to work in the UK. ## Challenging UKVI Penalties Our business immigration team are regularly instructed by organisations who have received notice from the Home Office of a possible sanction. If you have been issued with a civil penalty/fine for employing illegal migrants, our expert immigration solicitors can consider your options with you including whether the penalty can be challenged or reduced. If you receive a Civil Penalty Notice and you want to object, you will be given 28 days from the date given in your notice to do so. Our expert immigration team have considerable experience in preparing detailed representations objecting to the issuance of a penalty and/or the amount which is due under the penalty. We are an [Immigration law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Mock Audits & UKVI Compliance Visits Source: https://immigrationandvisasolicitors.co.uk/ukvi-compliance-checks/ The Home Office is known to carry out random UKVI Compliance Checks before a decision on your [Business Sponsor Licence application](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) is made to ensure that you are able to carry out your sponsor duties and you have the correct Human Resources process and procedures in place should you be granted a Sponsor Licence. Once you are a licenced Sponsor, the Home Office reserve the right to carry out sporadic UKVI Compliance Checks to ensure you are complying with your sponsor duties and are taking your responsibilities seriously. [Our business immigration lawyers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) understand that the Immigration Rules and Home Office Policy Guidance and Regulations can be complex and to ease your burden, they are on hand to ensure that your business is and remains compliant with all immigration requirements. ## UKVI Compliance Checks to UK Business Premises The Home Office can carry out random UKVI Compliance Checks on Sponsors and these can be announced or unannounced. When Compliance Officers from UKVI visit they will be checking: - Whether the information you have provided is accurate and complete; - You are able to offer employment; - You are genuine and trading/operating lawfully in the UK; - There are no reasons to believe you represent a threat to immigration control; and - You are complying with all sponsorship duties. Once at a Sponsor’s businesses premises, Compliance Officers may: - Photograph the location and premises from which the business is operating from to verify the information given at the time the Sponsor Licence application was made; - Speak to migrant workers, employees and members of the team involved in recruitment of migrant workers to ensure that sponsorship duties are being complied with; - Conduct checks on other employees to ensure the business is complying with its duties to prevent illegal working. [Our business immigration solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) frequently attend and provide assistance during planned on-site visits by UKVI Compliance Officers which in our experience reassures the Home Office that the business is aware of their sponsorship duties and are compliant. ## Suspected Breach of Sponsor Duties UKVI may also request further information from Sponsors via telephone, emails and letters and can also verify information provided to them with government departments such as [HMRC](https://www.gov.uk/government/organisations/hm-revenue-customs). If Compliance Officers are not satisfied with their findings, UKVI can either refuse to grant a Sponsor Licence or if one has been granted they can take action against the organisation. UKVI may make the decision to prosecute key personnel of the organisation under the Immigration Rules or other legislation if they are found to have attempted deception. Our expert business immigration solicitors are regularly instructed by organisations who have received correspondence from the Home Office indicating that their Sponsor Licence will be [suspended](https://immigrationandvisasolicitors.co.uk/sponsor-licence-revocation-suspension/), [revoked](https://immigrationandvisasolicitors.co.uk/sponsor-licence-revocation-suspension/) and/or that they will face [substantial penalties](https://immigrationandvisasolicitors.co.uk/ukvi-penalties-fines-uk-business/). Through our extensive experience in immigration compliance, our team have the expertise to make representations in favour of the business and challenge unduly [harsh penalties](https://immigrationandvisasolicitors.co.uk/ukvi-penalties-fines-uk-business/) which may have been imposed on the business or key personnel such as the directors of the company. ## Mock Audits by UK Business Immigration Lawyers [Our business immigration solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are fully aware of sponsor’s duties and through experience are aware of the common mistakes made by businesses which may lead to their Sponsor Licence being [suspended or revoked](https://immigrationandvisasolicitors.co.uk/sponsor-licence-revocation-suspension/). Our immigration team can be instructed to carry out regular mock audits to ensure that as a licenced sponsor you are compliant with: - **Record keeping duties:** we can check what records and documents you are keeping, whether they are acceptable, when and how you are checking these documents and whether you are diarising further required checks; - **Reporting duties:** we can check if you are aware of what information or events you are required to report to the Home Office using the SMS and whether you have been doing so; - **Immigration law:** we can check what systems and processes you have in place to ensure that you are complying with the current immigration laws such as ensuring you are employing migrants who are appropriately qualified, registered or experienced to do the job and whether there is a genuine vacancy to employ the migrant worker; and - **Genuine vacancy:** while carrying out mock audits, we can interview migrant workers to establish whether there is a genuine vacancy and establish whether they are fulfilling their role in accordance with the appropriate SOC code and whether they are being paid the appropriate salary. Following a visit to your business premises, our business immigration lawyers will prepare a detailed report of his/her findings which will include recommendations to assist you in complying with your sponsorship duties. Our experience shows that most businesses do not have the correct procedures in place and all of our business sponsor clients have found our immigration compliance service invaluable in being prepared for actual UKVI Compliance Checks. [Our expert immigration team are regularly instructed](https://immigrationandvisasolicitors.co.uk/success/) by start-ups, SME’s and large organisations and have the necessary skills and expertise to identify any potential issues which could be resolved before a UKVI compliance visit. It is therefore advisable to [contact a member of our team](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/) today so we can explore the options available to you and your business. We are an [Immigration law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # UK Immigration Compliance Training Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-compliance-training/ Our business immigration team comprises of both Solicitors and Barristers who understand from experience that the UK Immigration Rules and Home Office’s guidance and regulations can be lengthy, complex and daunting. Our team is therefore on hand to provide bespoke in-house training to key personnel and those involved in recruitment to ensure that your employees have a strong understanding of what is required and expected of them. ## Importance of Being Immigration Compliant Businesses whose employees fail to understand basic immigration law not only risk [penalties](https://immigrationandvisasolicitors.co.uk/ukvi-penalties-fines-uk-business/) but also face having their [Sponsor Licence suspended and in worse scenarios revoked](https://immigrationandvisasolicitors.co.uk/sponsor-licence-revocation-suspension/). This could cause major disruption to businesses which rely on overseas talent and in some circumstances especially when a [civil penalty](https://immigrationandvisasolicitors.co.uk/ukvi-penalties-fines-uk-business/) has been imposed, this could damage the reputation of the organisation. ## Services Offered to Businesses Our team have the necessary expertise to provide key personnel and recruitment staff of a basic understanding of: - when a migrant can legally work in the UK, the necessary documents checks and how often and how to meet the sponsorship duties including record keeping and reporting responsibilities. - what types of visas and residence permits allow a person to work in the UK and what conditions may be attached to the same; - how to advertise vacancies in accordance with the Home Office’s strict guidance and what documents must be retained; - how to track visa extensions and report changes via the [online SMS](https://immigrationandvisasolicitors.co.uk/sponsorship-management-system-sms/); and - how to deal with Home Office compliance visits. Our business immigration solicitors can help businesses to maintain an A-rated Sponsor Licence by becoming their [key contact and Level 1 User on the SMS](https://immigrationandvisasolicitors.co.uk/sponsorship-management-system-sms/). We can also provide telephone and email support to HR teams. If you wish to discuss this with us, please contact us so we can discuss how we can offer a bespoke service to you. We are an [Immigration law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Sponsor Licences for Education Providers Source: https://immigrationandvisasolicitors.co.uk/student-sponsor-licence-application/ Education Providers wishing to sponsor international students (including EEA nationals from 1 January 2021) must hold a valid Student Sponsor Licence. There are 2 different categories of licences for these purposes; a licence to sponsor Students and a licence to sponsor Child Students. If an Education Provider is granted a Student Sponsor Licence, this would be valid for 4 years and will allow them to sponsor overseas students. [Our immigration team regularly consult](https://immigrationandvisasolicitors.co.uk/success/) with education providers and provide a range of services to assist them in obtaining the correct licence to enrol overseas students. These services include assisting in the preparation of a Student Sponsor Licence application, acting as Key Personnel to ensure you maintain your sponsor licence and apply and allocated Confirmations of Acceptance of Studies (CAS) to overseas students. ## Eligibility Criteria The Home Office place a significant degree of trust in Education Providers by allowing them to sponsor overseas students and for this reason, an Education Provider must provide sufficient evidence to the Home Office which confirms that it: - is a genuine education provider that has acceptable educational quality standards and is operating lawfully in the UK, complying with all appropriate rules and regulations; - is considered eligible and suitable to hold a Student Sponsor Licence; and - is capable of carrying out its duties as a Student Sponsor. ## Student Sponsor Licence Application [Our expert immigration team](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) can assist in the preparation and submission of a Student Sponsor Licence application. Our expert team understand the complexity of the Home Office’s requirements and are on hand to meet with you and discuss whether you would be eligible to apply for such a licence and what documents would be required for such an application. We can also carry out mock audits of your sites to assess any issues the Home Office may have in granting you a licence. Once you have been granted a Student Sponsor Licence, you will be given a Probationary Sponsor status for 12 months, during which you must demonstrate that you can fulfil your sponsorship duties and will continue to do so. Our immigration solicitors can advise you on who should be appointed as Key Personnel and what their sponsorship duties are to ensure that after the probationary period, your organisation becomes a reputable Student Sponsor. ## UKVI Compliance Checks As part of the Student Sponsor Licence application process, you should expect the UKVI Compliance Officers to visit your establishment and check your current monitoring purposes. These checks will be carried out before you are granted a licence and if you are granted a licence, the Home Office reserve the right to continue to make checks to ensure that your monitoring arrangements are being implemented and adhered to. Our expert immigration team can visit your establishment prior to you applying for a sponsor licence and carry out a mock audit to establish whether or not you would meet the eligibility criteria. Following a visit, our immigration solicitors will compile a report with their findings and make recommendations which would improve your chances of becoming a Student Sponsor. ## Refusal of a Student Sponsor Licence Application In our extensive experience, many Education Providers find that their initial applications are refused due to providing insufficient documentation to support their application to become a Student Sponsor. In the event your Student Sponsor Licence application is refused, you will have no right of appeal but you may reapply 6 months after the refusal date. [Our expert immigration solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) have represented many clients who have previously had their applications refused and understand the importance of submitting a properly executed application with the requisite documentation. If you wish to discuss your options, please contact a member of our team today and we will analyse your situation and inform you of the merits of your sponsor licence application. ## Revocation of a Student Sponsor Licence UKVI monitor whether Student Sponsors are complying with their sponsorship duties and regularly take action against those who pose a threat to immigration control or who are in breach of their sponsorship duties. If your Student Sponsor Licence has been revoked, please [contact](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/) a member of our specialist business immigration team today so we can arrange for you to meet with our qualified lawyers who can advise you of your options. ## Business Sponsor Licence Solicitors [Our immigration lawyers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) have extensive experience in preparing Sponsor Licence applications for Education Providers. Our immigration team can offer the following services: - Consultation with an experienced business immigration solicitor who can advise on the eligibility criteria of a Sponsor Licence application; - Provide the business/company with a bespoke supporting documents list which will assist in collating documents required for the Sponsor Licence application; - Prepare the relevant application form and detailed legal representations to accompany the application; and - If necessary liaise with the Home Office to track the progress of the application. We are an [Immigration law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Gurkhas (Settlement/ILR) Source: https://immigrationandvisasolicitors.co.uk/gurkhas/ In May 2009, special arrangements were introduced for former Gurkhas who retired from service in the Brigade of Gurkhas before 1 July 1997. For the purposes of the Immigration Rules, a Gurkha is a citizen or national of Nepal who has served in the Brigade of Gurkhas of the British Army under Brigade of Gurkhas terms and conditions of service. [Our immigration team](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are proud to represent Gurkhas and recognise the significant contribution they have made to the UK. We are familiar with the Settlement/Indefinite Leave to Remain (ILR) process for Gurkhas and are happy to consult with you to consider whether you meet the eligibility requirements. ## Eligibility Generally, you may be eligible to settle or obtain ILR in any one of the following circumstances: - You have completed at least 4 years’ service as a Gurkha with the British Army; - You are the spouse of a former Gurkha who is applying for settlement; - You are a dependant (under 18 years old) of a former Gurkha who is applying for settlement or who is present and settled in the UK (both parents); or - You are the widow of a former Gurkha who was discharged before 1997 and can show that your late husband would have met the criteria to qualify for settlement. ## Expert UK Immigration Solicitors [Our immigration solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) can help you prepare your Settlement/ILR visa application; our expert team offer some of the following services: - Consultation in person or via Skype or telephone with an experienced immigration solicitor who can advise on whether you meet the eligibility requirements and the merits of your application; - Tailored legal advice which will assist you in collating the documents required for an application; and - Preparation of the relevant application forms and legal representations. If you wish to have your documents checked by an expert immigration solicitor, please contact us so we can explore your options. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Student (Curtailment) Source: https://immigrationandvisasolicitors.co.uk/student-sponsor-licence-curtailment/ In some circumstances, UKVI may make the decision to [revoke a Student Sponsor’s licence](https://immigrationandvisasolicitors.co.uk/sponsor-licence-revocation-suspension/). The Student Sponsor is usually given a short period of time to make representations to the Home Office addressing the issues raised in their revocation letter. This can be a very stressful time for students who may question their future at the establishment and in the UK. Our immigration solicitors regularly consult with students who have found their establishment have had their Student Sponsor Licence revoked or that their college has closed down. In this event, students will need to find a new course with a different provider who will need to sponsor them. Our expert team of lawyers are regularly instructed to advise students of their options and prepare student visa applications. ## What happens if my Student Sponsor loses their licence? If a Student Sponsor has their licence revoked, UKVI may write to all sponsored students informing them that their leave has been curtailed for 60 days. During this time, Students should try to find a new sponsor and apply for further leave to remain. However, this is dependent upon the type of institution they were studying at and in some situations, students wishing to study at a different UK institution may need to leave the UK and apply for entry clearance again. ## What happens if my Sponsor Institution closes down? If you have made an application to study in the UK and the educational institution closes down, your application will be refused as your CAS will no longer be valid. Our immigration solicitors are able to meet with you in these circumstances and discuss your options further to establish whether you can apply from the UK again or whether you have to leave the UK. Our immigration solicitors understand that this can be an emotional time especially as this could cause disruption in your studies and you may have paid significant fees to study at an institution of your choice. If you wish to explore your options of applying for leave to remain in the same category or you feel that there are other strong reasons why you should remain in the UK, please [contact](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/) a member of our immigration team who can arrange for you to meet with an experienced solicitor so you can discuss your options. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional business immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Tier 1 Exceptional Talent Settlement Source: https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-settlement/ The Tier 1 Exceptional Talent Visa route is now closed to new Applicants. Migrants already on the Tier 1 Exceptional Talent route can still apply to extend their visa (under the Global Talent route) or apply for settlement. For initial applications, please see the [Global Talent](https://immigrationandvisasolicitors.co.uk/business-work-points-cos-employer-sponsor-licence-ukvi-pbs/global-talent-visa/) page. The Tier 1 Exceptional Talent route was for exceptionally talented individuals in the fields of science, humanities, engineering, the arts and digital technology. The UK government recognises that this route is for those who are internationally recognised at the highest level in their particular field and therefore they should have few restrictions on their economic activity whilst they are in the UK. Our expert team of immigration lawyers are proud to represent talented individuals who have a Tier 1 Exceptional Talent Visa and who then wish to apply for indefinite leave to remain in order to settle in the UK. ## Tier 1 Exceptional Talent Settlement Applications Tier 1 Exceptional Talent migrants can apply for settlement having lived and worked in the UK for 3 years. Tier 1 Exceptional Promise migrants must wait 5 years before being eligible to apply for settlement. Applicants must still be endorsed by the endorsement body who issued the endorsement for the initial visa application and must be still be in paid work in their chosen field. The Tier 1 Exceptional Talent Endorsement bodies were: - [Arts Council England](http://www.artscouncil.org.uk/) – for arts and culture applications; - [The British Academy](https://www.thebritishacademy.ac.uk/) – for humanities and social science applications; - [The Royal Society](https://royalsociety.org/) - for natural sciences and medical science research applications; - [The Royal Academy of Engineering](http://www.raeng.org.uk/) – for engineering applications; and - [Tech City UK](https://web.archive.org/web/20180411120411/https://www.techcityuk.com/) – for digital technology applications. Applicants must also meet the other requirements for indefinite leave to remain such as demonstrating continuous residence in the UK with no excessive absences, pass the Life in the UK Test and meet the English language requirement. ## Tier 1 Exceptional Talent Settlement Lawyers If you are a Tier 1 Exceptional Talent or Exceptional Promise migrant who has been in the UK for 3 or 5 years and is now eligible to apply for indefinite leave to remain, then please contact our expert immigration team so we can explore your options with you. Once we have taken your instructions, we can assist you in the preparation of your visa application and advise you of the documentary evidence required to be submitted with the application. Our expert team have previously been instructed by talented migrants to apply for the Tier 1 Exceptional Talent settlement visa and are well versed in the immigration rules and the Home Office’s supplementary guidance to prepare and submit a properly executed application. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # We’re ⭐⭐⭐⭐⭐Rated For Successful UK Visas Source: https://immigrationandvisasolicitors.co.uk/success/ ## Client Feedback Reviews & Testimonials Over the last decade, our London immigration lawyers have successfully represented thousands of clients with their UK Immigration cases and successfully obtained UK Visas. Many of our clients have kindly submitted feedback which appears below and also you can .   We are proud of the quality of service that we offer to each individual client and so we encourage our clients to express their opinions about our service. We are keen to know what our clients think of the service we provide so if we have had the pleasure of assisting you please leave a client review [here](https://g.page/r/CR-HyRqAG5LIEB0/review) or on our historic review system by clicking the button below.   ## Our Media Highlights Our [solicitors & barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are London’s leading UK immigration lawyers and are therefore regularly featured on national TV and News giving legal advice and commentary on the [UK immigration rules](https://www.gov.uk/guidance/immigration-rules). --- # Sponsored Work Visas Source: https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/ On 1 December 2020, the Tier 2 routes closed and was replaced by the Skilled Worker routes under Appendix Skilled Worker of the Immigration Rules. For migrant workers (including EEA nationals from 1 January 2021) who wish to come to the UK to undertake sponsored work must now apply for a [Skilled Worker Visa](https://immigrationandvisasolicitors.co.uk/apply-new-skilled-worker-visa-december-2020-immigration-lawyers-london/). Under the Skilled Worker system, migrants wishing to work in the UK must have a Certificate of Sponsorship (CoS) assigned to them from a Home Office approved licensed sponsor before applying for their work visa. The Skilled Worker visa is one of the visa categories under the new Points Based System (PBS) and allows skilled non-settled migrants to come to the UK to work. It is important to note that Skilled Worker migrants can only work for a UK-based employer who holds a valid[ Sponsor Licence](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) as well as meeting all of the other UK Visas and Immigration (UKVI) requirements. Our expert immigration lawyers in London are regularly instructed by skilled worker migrants wishing to work in the UK. The Skilled worker visa category is one of our areas of expertise and we regularly assist clients to prepare and submit successful skilled sponsored work visa applications, which is evident by [testimonials left by our clients](https://immigrationandvisasolicitors.co.uk/success/). Under this route, you may able to bring your [dependants](https://immigrationandvisasolicitors.co.uk/points-based-system-dependant/) with you or if they are already in the UK under an existing leave, they may be able to apply to switch to a visa as your dependent. Our specialist immigration team is ready to meet with you to consider the eligibility requirements for a Skilled Worker visa. Our solicitors can also consider with you whether you will need to apply for Entry Clearance or whether you can apply within the UK. Once instructed we will liaise with you in preparing your application with the requisite supporting documentation. ## Skilled Worker Visa Categories The Skilled Work Visa route had the following 4 categories: - Skilled Worker (formally Tier 2 General); - Intra-Company Transfer (ICT); - T2 Sportsperson; and - T2 Minister of Religion. Applicants needed a have a job offer and a CoS from an organisation that is a licenced Home Office sponsor in the UK. As this is a points-based application, Applicants had to score a minimum of 70 points (or 60 points if applying for an ICT visa). In addition to having a CoS, the maintenance and [English language](https://www.gov.uk/tier-2-general/knowledge-of-english) requirements must also be met. Our immigration solicitors routinely meet with clients who wish to work for an organisation which does not have a business Sponsor Licence. We are often instructed to meet with such businesses and explore their options of hiring non-settled workers within their organisation. ## Skilled Worker Visa Applicants must be awarded 50 mandatory points under the Skilled Worker Visa category. 20 points will be awarded for Sponsorship (i.e. having a valid CoS), 20 points will be awarded for being offered a job at an appropriate skill level and 10 points will be awarded for English language. Applicants also need 20 tradable points for salary or a job that is on the Shortage Occupation List. Unlike the former Tier 2 (General) route, there is now no longer a requirement for the Sponsor to have conducted the Resident Labour Market Test, however, the job vacancy must still be genuine. Our specialist immigration team are regularly instructed by skilled worker migrants who have been assigned a CoS and then wish to apply for a Skilled [Worker visa](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/). The CoS must confirm that they will be paid an appropriate salary. If you meet the strict requirements of this route, you may be granted leave up to 5 years, after which Applicants may be eligible to apply for indefinite leave to remain. ## Intra-Company Visa (ICT) This category was further sub-categorized into the following two areas and will required Applicants to have a CoS in order to make the visa application: - **Intra-Company Transfer Visa** **(replaced long-term staff) **– For Skilled Workers employed by a business from outside the UK to take up a position at the UK based branch. Applicants will need to have worked for the overseas branch for at least 12 months unless their salary in the UK will be more than £73,900. - **Intra-Company Graduate Trainee Visa** – This route is part of a training programme for managerial or specialist roles. Applicants will need to have worked for the overseas employer for at least 3 months. Migrants under the Tier 2 ICT visa route must have been paid the [minimum salary](https://www.gov.uk/tier-2-intracompany-transfer-worker-visa/eligibility) for their visa category or the appropriate rate for the job that they have been offered. ## T2 Sportsperson Visa The T2 Sportsperson route of the Points-Based System is for elite sportspeople and coaches who are internationally established at the highest level. Applicants under this route are expected to have made a significant contribution to the development of their chosen sport in the UK and must intend to be based in the UK for the duration of their permission to stay. The company sponsoring you will need to issue you with a Certificate of Sponsorship and will need to ensure that the salary on offer and your qualifications will enable you to satisfy the UKVI Immigration Rules. You will be granted temporary residence in the UK and will be permitted to live and work for the duration of your employment or the time given in your Certificate of Sponsorship. Our immigration team are proud to have been instructed by well-known professional sports players and coaches and have assisted in preparing successful visa applications for them allowing them to make a significant contribution to the UK and also to their own personal development. ## T2 Minister of Religion Visa The UK today is a richly diverse society in which people with very different ways of life coexist. The UK is home to (and has seen the growth of) many religions such as Christianity, Islam, Hinduism, Sikhism and Buddhism and it is therefore inevitable that members of these religions may wish to undertake a job role in the UK to preach their message. Our immigration solicitors are regularly instructed by Applicants who have been offered a job within the faith community such as a minister of religion, missionary or member of a religious order. Our lawyers pride themselves in preparing applications for those from different faiths and have extensive experience with the immigration rules and Home Office’s guidance to prepare a properly executed visa application with the requisite supporting documentation. ## Immigration Health Surcharge (IHS) The Immigration Health Surcharge (IHS) was introduced by the Home Office on 6 April 2015 and applies to temporary migrants who are coming to the UK for more than 6 months, such as Skilled Work Visa Applicants. Payment for IHS is collected by the Home Office and goes directly to the National Health Service (NHS). If instructed, our team of expert lawyers can consider whether you will need to pay the IHS. If you wish to consider your options, please contact our team today and arrange a meeting with a qualified immigration solicitor who can advise you of your options. ## Expert Immigration Solicitors for Skilled Work Visa Applicants Our immigration lawyers have extensive experience in preparing visa applications for Skilled Work Visa applicants either in-country or out. Our immigration team can offer the following service: - Consultation with an immigration lawyer who can advise on the eligibility criteria of such an application; - Provide the applicant with a bespoke supporting documents list which will assist them in collating documents required for the application; - Prepare the relevant application form and detailed legal representations to accompany the application form (either in the UK or abroad); and - If required (and available) accompany the applicant to the visa centre so they can submit the application in person and in most circumstances, receive a decision on the same day. We are an [Immigration law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Temporary Workers & Youth Mobility Scheme Visas Source: https://immigrationandvisasolicitors.co.uk/tier-5-temporary-workers-yms/ This visa route of the Points-Based System (formally Tier 5) relates to those wishing to come to the UK as a temporary worker or under the Youth Mobility Scheme visa route. Applicants must apply from abroad and switching into other Points-Based categories whilst in the UK is not allowed. Our expert immigration lawyers are regularly instructed by migrants wishing to work in the UK under the temporary work visa routes as is evident by testimonials left by our clients. Our team are ready to meet with you to consider whether you meet the eligibility requirements to apply from abroad or in the UK and once instructed will liaise with you in preparing your visa application with the requisite supporting documentation. ## Temporary Workers This visa category is only open to temporary workers who wish to enter the UK to undertake temporary work for Home Office licensed sponsor. Generally, to qualify for a visa, the Applicant must have a job offer and a Certificate of Sponsorship (CoS) from a licenced sponsor and must also have sufficient amount of points. This category has 5 sub-categories: - **Creative and sporting** - for people coming to the UK to work or perform as sports people, entertainers or creative artists for up to 12 months. - **Charity workers** – for people coming to the UK to do voluntary work and not paid work for a charity. - **Religious workers** – for people coming to the UK to work as religious workers. Duties may include preaching, pastoral and non-pastoral work. - **Government authorised exchange** – for people coming to the UK through approved schemes that aim to share knowledge, experience and best practice. - **International agreement** – for people coming to the UK under contract to provide a service that is covered under international law. ## Youth Mobility Scheme The Youth Mobility Scheme (YMS) visa is an [alternative](https://immigrationandvisasolicitors.co.uk/van-der-elst-visa-tier-5-youth-mobility-scheme-visa/) to the [Skilled Worker visa](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/).  The YMS visa is specifically designed for 18 to 30-year-olds who wish to experience life in the UK. The countries currently participating in the YMS are Australia, Canada, Hong Kong, Japan, New Zealand, Monaco, New Zealand, San Marino, Taiwan and Republic of Korea (South Korea) and successful Applicants will be granted leave for 2 years. On the YMS visa, your Government will be considered your Sponsor during your stay in the UK. Applicants from 4 of those eligible countries will need to first apply to the ballot system before making an application under the scheme. If you wish to consider your options of applying for a YMS visa, please contact our immigration team today so we can meet with you and assess whether you would meet the Home Office’s criteria in this regard. ## Immigration Health Surcharge (IHS) The Immigration Health Surcharge (IHS) was introduced by the Home Office on 6 April 2015 and applies to temporary, migrants who are coming to the UK for more than 6 months. Payment for IHS is collected by the Home Office and goes directly to the National Health Service (NHS). The IHS fee for YMS Applicants is at a lower rate than for most other UKVI Applicants. If instructed, our team of expert lawyers can consider whether you will need to pay the IHS. If you wish to consider your options, please contact our team today and arrange a meeting with a qualified immigration solicitor who can advise you of your options. ## Expert Immigration Solicitors for Visa Applicants Our immigration lawyers have extensive experience in preparing visa applications for visa applicants. Our immigration team can offer the following service: - An initial consultation with an immigration lawyer who can advise on the eligibility criteria of such an application; - Provide the applicant with a bespoke supporting documents list which will assist them in collating documents required for the application; - Prepare the relevant application form and detailed legal representations to accompany the application; and - If required (and available) accompany the applicant to the visa centre so they can submit the application in person and in most circumstances, receive a decision on the same day. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional business immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Dependent Family Members in Work and Business Routes Source: https://immigrationandvisasolicitors.co.uk/points-based-system-dependant/ Our expert immigration team understands that making an important decision such as to work in the UK may involve other considerations such as those involving family. In some Points-Based System categories, family members of [business visa holders](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/) or [work visa holders](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) may accompany the main visa holder to the UK or if already in the UK, can apply for leave to remain as a Points Based System Dependant. [Our team of immigration lawyers are regularly instructed](https://immigrationandvisasolicitors.co.uk/success/) by family members of migrants who are looking to apply as a Points Based System Dependant under the Immigration Rules. Our specialist immigration team regularly achieve successful results for our clients and this is evident by [testimonials left by our clients](https://immigrationandvisasolicitors.co.uk/success/). [Our team](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are ready to meet with you to consider whether you meet the eligibility requirements to apply from abroad or in the UK and once instructed will liaise with you in preparing your visa application with the requisite supporting documentation. ## Dependants of Tier 1 migrants Family members of Tier 1 Investor and Tier 1 Entrepreneur migrants should refer to [paragraph 319C](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-8-family-members#pt8family) of the Immigration Rules for points based system dependents and the relevant Home Office [policy guidance](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946009/dependant-family-members-of-t1-migrants-v1.0-gov-uk.pdf). Some of the main requirements that Tier 1 dependends must meet are: • The relationship between the dependent and the main applicant must be genuine and subsisting when the application is made; • The dependent and the main Applicant must intend to live together as spouse, civil partner or unmarried partner throughout the Applicant’s stay in the UK; • The dependent must not intend to stay in the UK beyond any period of leave granted to the main Applicant; and • The dependent must meet the maintenance requirements, unless the main Applicant is a Tier 1 (Investor) migrant. ## Dependents of sponsored work and other business visa categories There is a separate [policy guidance](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/939942/dep-family-work-routes-v1.0.pdf) for the dependent family members of migrants who are in the UK for sponsored work or other business related visas. The relevant visa categories are: - Skilled Worker; - Intra-Company routes; - T2 Minister of Religion and T2 Sportsperson; - Representative of an Overseas Business ("Sole Representative") - UK Ancestry; - Global Talent; - Start-up; - Innovator; - T5 (Temporary Worker) categories - Creative or Sporting Worker, Religious Worker, Charity Worker, Government Authorised Exchange Worker and International Agreement Worker. In order to qualify as a Dependent family member for any of the above routes, the Applicant must be either the spouse, civil partner, unmarried partner or dependent child. Children over 18 years old on the date of application who have not previously been granted permission as a dependent of the main Applicant cannot be granted permission. Other relatives such as parents or grandparents also are ineligible to apply. The specific requirements for Worker or Points Based System Dependant Applicants which will depend on the visa held by the main Applicant. Therefore it is advisable to consult with our immigration lawyers who can guide you and assess whether you meet the Home Office’s eligibility criteria. Family members who are granted leave in line with the expiry date of the main Applicant's leave (except if they were granted ILR). ## Immigration Health Surcharge (IHS) The Immigration Health Surcharge (IHS) was introduced by the Home Office on 6 April 2015 and applies to temporary, non-EEA migrants who are coming to the UK for more than 6 months. Payment for IHS is collected by the Home Office and goes directly to the National Health Service (NHS). If instructed, our team of expert immigration lawyers can consider whether you will need to pay the IHS. If you wish to consider your options, please contact our team today and arrange a meeting with a qualified immigration solicitor who can advise you of your options. ## Expert Immigration Solicitors for Dependent Family Member Applications in Work and Business Routes [Our immigration lawyers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) have extensive experience in preparing visa applications for Dependant Visa applicants. Our immigration team can offer the following service: - An initial consultation with an immigration lawyer who can advise on the eligibility criteria of such an application; - Provide the applicant with a bespoke supporting documents list which will assist them in collating documents required for the application; - Prepare the relevant application form and detailed legal representations to accompany the application; and - If required (and available) accompany the applicant to the visa centre so they can submit the application in person and in most circumstances, receive a decision on the same day. We are an [Immigration law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Indefinite Leave to Remain (ILR) & British Citizenship Source: https://immigrationandvisasolicitors.co.uk/ilr-indefinite-leave-to-remain-uk/ After you have lived legally in the UK for a certain length of time, you may be able to apply for permission to settle in the UK, which is also known as ‘Indefinite Leave to Remain’ (ILR).  If you are currently in the UK, your right to apply for ILR will depend on your current visa category. Once you are granted ILR, you may be eligible to ‘naturalise’ after a certain period of time and become a British citizen. Our expert immigration lawyers are regularly instructed by migrants wishing to settle permanently in the UK or those who hold ILR and wish to apply for British citizenship. [Our team](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are ready to meet with you to consider whether you meet the eligibility requirements and once instructed will liaise with you in preparing your application with the requisite supporting documentation. ## Indefinite Leave to Remain Under the Points-Based System, the immigration rules allow for certain visa holders to apply for ILR sooner than migrants in other categories. Our immigration solicitors are on hand to advise you on whether you are eligible to apply for ILR and if so when. Generally, those holding a [Tier 2 Work Visa](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/), [Tier 1 Investor Visa](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) or [Tier 1 Entrepreneur Visa](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/) may be eligible to apply for ILR after they have reached 5 years continuous leave in the UK. Applicants will need to meet other criteria in their respective categories but generally the residency requirements for each category are similar. The UK Home Office does offer [accelerated](https://immigrationandvisasolicitors.co.uk/tier-1-accelerated-settlement/) ILR options for [Tier 1 Investor](https://immigrationandvisasolicitors.co.uk/wp-admin/post.php?post=15557&action=edit)  and  [Tier 1 Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/) Visa applicants. For example, Entrepreneur migrants may be eligible to apply for ILR after a continuous period of 3 years in the UK if they have created at least 10 jobs or if they have established a business in the UK which has an income of at least £5m. On the other hand, Investors who have invested £5m can apply for ILR after 3 years and those who have invested £10m can apply after 2 years. The rules for ILR do vary and are constantly changing, therefore if you wish to explore your options of applying for ILR, please get in touch with a member of our [expert business immigration team](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) today. ## Naturalisation In order to make an application to naturalise as a British citizen, you must have held ILR for at least 12 months. Generally, there are a number of requirements that Applicants must satisfy in order to make a successful application for ILR. Our immigration solicitors are regularly instructed by clients who have made the decision to make the UK their permanent home and as such wish to explore their options of obtaining a British passport. A [recent study quoted by the *Independent*](http://www.independent.co.uk/travel/the-most-powerful-passports-in-the-world-10194423.html) found that British passports were ranked the fourth most powerful in the world allowing its holder to visit 174 countries visa-free. This can be a great advantage to business people who frequently travel the world searching for opportunities. Those wishing to apply for naturalisation should consult with a member of our expert immigration team so we can consider the eligibility criteria and explore whether among other requirements, they meet the good character and residency requirements. ## Expert ILR and Naturalisation Solicitors Our immigration lawyers have extensive experience in preparing ILR and naturalisation applications for applicants. Our immigration team can offer the following service: - An initial consultation with an immigration lawyer who can advise on the eligibility criteria of such an application; - Provide the applicant with a bespoke supporting documents list which will assist them in collating documents required for the application; - Prepare the relevant application form and detailed legal representations to accompany the application; and - If required (and available) accompany the applicant to the visa centre so they can submit the application in person and in most circumstances, receive a decision on the same day. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional business immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Appealing A Visa Refusal: Your Rights And The Processes Source: https://immigrationandvisasolicitors.co.uk/immigration-appeal-admin-review/ The UK’s Immigration Rules and Regulations coupled with the Home Office’s extensive guidance on visa applications and appeals can be complex to understand. Our [immigration team](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are routinely instructed by visa applicants who have had refusals due to the Secretary of State not being satisfied the applicant meets all the requirements for the particular visa. Our immigration solicitors and barristers understand that this can be a stressful time for an Applicant, especially when they have to consider the impact the refusal will have on their business, work or family life. [Our leading immigration experts](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are well versed with the Immigration Rules to ensure that applications are executed thoroughly, including drafting detailed legal representations on their behalf to rebut any presumptions and leave no room for doubt when the Home Office case worker is assessing the application. Where an applicant comes to us with a previous refusal or adverse immigration history, we are able to able to assess their situation, give tailored legal advice and discuss next steps and options available to the client. In the case of a refusal, we advise the client on challenging the Secretary of State's decision and the appeal process in depth. In some circumstances, it may be necessary to challenge a decision by way of a Judicial Review. ## Right of Appeal The appeal process generally involves submitting an appeal form, providing supporting evidence, and attending a hearing where you can present your case. It's important to note that not all visa refusals are eligible for an appeal. Some visa categories, such as visitor visas, do not have a right of appeal, but applicants may have other options available, such as administrative review or reapplying. The specific reasons for the refusal and the type of visa applied for will determine the available avenues for challenging the decision. Where you made an in-country application, you will have 14 days from the date of the refusal letter to appeal the decision. Out-of-country applications, however, provide 28 days from the date of the refusal letter to appeal. ## Appealing In The First-tier Tribunal ("FtT") The Tribunal in which you have a right to appeal to varies case by case. It will initially begin in the First-tier Tribunal ("FtT"). This is the first level of the Immigration Tribunal which serves as the primary judicial body tasked with adjudicating appeals against rulings made by the Home Office concerning entry clearance, permission to reside in the UK, and deportation from the UK. Functioning autonomously from the Home Office, the Immigration Tribunal holds the authority to overturn decisions made by the Home Office that result in a refusal. Not all immigration decisions made by the Home Office are eligible for appeal. There are circumstances in which you may have hold this right (in the FtT) which is typically granted if the Home Office has made decisions such as: - Rejecting your human rights claim or protection claim (also referred to as an "asylum claim" or "humanitarian protection") or revoking your protection status; - Denying you a residence document or deporting you under the Immigration (European Economic Area) Regulations 2016 (with applicable saving provisions); - Revoking your British citizenship; - Refusing, revoking, or imposing conditions on your status, duration, or terms of stay, or deporting you under the EU Settlement Scheme; - Declining or revoking your travel permit or family permit under the EU Settlement Scheme, or restricting your rights to enter or leave the UK under those permits; - Refusing or revoking your permit or deporting you if you are a frontier worker; - Refusing or revoking your leave, or deporting you if you are an S2 healthcare visitor. If your asylum or human rights claim has been certified as "clearly unfounded" by the Home Office, you will not have the right to appeal. However, you may have the option to challenge the certification through a Judicial Review. If the decision you wish to contest is not an appealable immigration decision and you do not have the right to appeal, you may still be able to request an Administrative Review from the Home Office. Keep in mind that only specific types of applications carry the right to an Administrative Review if refused. In some cases, it is possible to pursue an appeal even if the Home Office argues against your right to do so. However, you will need to present jurisdictional arguments before the Tribunal. For instance, this may be applicable in situations involving a returning resident visa where strong family ties exist. If you are unsure whether your refusal decision allows for an appeal to the First-tier Tribunal (Immigration and Asylum Chamber), LEXVISA can provide you with guidance and advice. ## Appealing In The Upper-tier Tribunal ("UT") The Upper Tribunal (Immigration and Asylum Chamber), often referred to as the Upper Tribunal ("UT"), serves as a higher-level court compared to the First-tier Tribunal (Immigration and Asylum Chamber). Its primary role involves adjudicating appeals against rulings made by the First-tier Tribunal concerning entry clearance to the UK, permission to reside in the UK, and deportation from the UK. The UT handles applications for Judicial Review regarding certain decisions made by the Home Office concerning immigration, asylum, and human rights claims. This includes reviewing the lawfulness and fairness of these decisions. Appealing to the UT against a decision made by an Immigration Judge in the FtT does not come with an automatic right. Instead, one must first apply for permission to appeal. If permission to appeal is granted, only then can a decision from the FtT (Immigration and Asylum Chamber) dismissing an immigration appeal be appealed to the UT. To seek permission to appeal to the UT, you must initially submit an application to the FtT. If the FtT rejects your application for permission to appeal, you have the option to submit a further application directly to the Upper Tribunal. When applying for permission to appeal to the UT, you are required to present a written application that outlines the specific error of law made by the Immigration Judge in the FtT when dismissing your appeal against the Home Office's decision. It is insufficient to solely express disagreement with the Judge's findings. Normally, applications for permission to appeal to the UT are determined based on the Immigration Judge's decision and the written grounds of appeal provided by the appellant, without an oral hearing. Permission to appeal to the UT will only be granted if the reviewing Judge is convinced that there is an arguable case highlighting the potential legal error made by the Immigration Judge in the FtT's decision. In other words, there must be a reasonable basis to suggest that the decision to dismiss your appeal was legally incorrect. The UT can be approached for appeal when there are various types of errors made by the FtT. For instance, the decision of the FtT may be deemed legally incorrect if the Immigration Judge who dismissed your appeal: - Applied the Immigration Rules inaccurately or misconstrued them. - Failed to consider crucial evidence. - Lacked evidence or had insufficient evidence to support the decision. - Rendered a decision that contradicts a binding decision from a higher court. - Followed an incorrect procedure that resulted in unfairness. Recognizing errors of law in a determination made by the FtT requires specialized legal expertise. It may be advisable to seek assistance from an immigration appeal lawyer who possesses expert knowledge in this area. Our immigration solicitors and barristers at LEXVISA have extensive experience in reviewing FtT determinations, identifying errors of law, and drafting grounds of appeal that support successful applications for permission to appeal to the UT. ## How Long Does UK Immigration Appeal Take? The duration of a UK immigration appeal can vary depending on several factors, including the type of appeal, the complexity of the case, the availability of hearing dates, and the workload of the immigration tribunal. The processing time for an immigration appeal could range from several months to over a year. Simple cases might be resolved more quickly, while complex cases involving multiple issues or extensive evidence may take longer to be heard and decided. It's worth mentioning that there are different stages involved in the appeals process, and each stage may have its own time frames. The initial stage involves lodging the appeal, providing supporting documentation, and waiting for the case to be listed for a hearing. The waiting time for a hearing can depend on the caseload of the tribunal, and it may vary in different regions. After the hearing, the immigration tribunal will issue a decision, which could be provided orally at the hearing or sent in writing afterward. The time taken to receive the decision can also vary, and it may range from a few weeks to a few months. ## Instruct Our Expert Immigration Appeal Solicitors [Our immigration lawyers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) have the necessary expertise and experience to consider your refusal letter and advise you on the best route of action. If your application has been refused and you believe this is due to an erroneous on the Home Office’s part, please contact our experienced solicitors and barristers today so we can advise you of the next steps available to you and whether you are eligible to submit an Immigration Appeal or Administrative Review. We are an [Immigration law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Case Studies Source: https://immigrationandvisasolicitors.co.uk/case-studies/ --- # Premium Visa Service (Same Day Visa) Source: https://immigrationandvisasolicitors.co.uk/premium-visa-service-lexvisa/ The Home Office has made available 7 Premium Visa Service Centres throughout the UK which allows some visa Applicants to submit their application to extend their visa or settle in the UK and get a decision on the same day. This service can be extremely useful for those who wish to receive a decision on their application quickly so they can continue with their stay in the UK or so they can travel abroad. [Our expert legal team](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) (who are supported by legal support staff), who are trained to be thoroughly attentive to client’s needs, regularly support clients at their UKVI visa appointments. Our qualified lawyers can ensure that your application is properly prepared and accompanied by the requisite documents so you have the confidence of submitting your application and [receiving a positive decision on the same day](https://immigrationandvisasolicitors.co.uk/spouse-visa-application-success-story/). ## Premium Visa Service Centre: Locations UK Visas & Immigration’s Visa Premium Centres are located in: - Belfast; - Cardiff; - Croydon; - Glasgow; - Liverpool; - Sheffield; and - Solihull. If instructed in your matter, LEXVISA can arrange an appointment for you and accompany you to the visa centre with your application and supporting documents. ## Eligibility for the Premium Visa Service You may be able to apply in person at a Premium Visa Service centre if you are already in the UK and want to: - Extend your stay in the UK; or - Settle permanently (ILR). There are certain applications which do not qualify for the Same Day visa service such as those applying for a high net worth visa (such as [Tier 1 Investor](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/), [Tier 1 Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/) and [Tier 1 Graduate Entrepreneur](https://immigrationandvisasolicitors.co.uk/graduate-entrepreneur/)). If you wish to know if you would be suitable for the Same Day Visa service, please contact a member of our immigration team so we can explore your options. We are an [Immigration law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # UK Student Visa Routes Source: https://immigrationandvisasolicitors.co.uk/student-visa-sponsor-licence/ The current Student Visa routes replaced the former Tier 4 (General) and Tier 4 (Child) routes on 5 October 2020.  The Student routes under the Points-Based System are for international students (including EEA nationals from 1 January 2021) who wish to come to the UK to study and experience life and culture in the UK. There are two categories; Student visas, for migrants coming to the UK for post-16 education and Child Student visas for children between 4 and 17 years old coming to the UK for their education. Child Students can only study at independent schools.  Our expert team of immigration solicitors can assist you with the preparation of your Student Visa application and ensure that you meet with all the requirements under the Immigration Rules Appendix ST: Student and Appendix CS: Child Student. We can ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding the unnecessary expense of resubmitting your  Student visa application to the Home Office. ## Eligibility for a Student Visa As the Student Visa and Child Student Visa categories are under the Points-Based Immigration System, applicants will need to demonstrate that they have 70 points in total namely; they must hold a valid Confirmation of Acceptance for Studies (CAS) from a fully licensed Student Sponsor listed on the Home Office Register of Sponsors and must also meet the maintenance and English language requirements. Since 6 April 2017, there have been stringent changes in relation to visa applications from international students which have been described as tactics by the UK Government to deter overseas students from applying to UK universities in a bid to reduce the UK’s net migration figure. This crackdown has been said to be unfair for international students who wish to study in the UK and many have argued that international students should not be included in the UK's net migration figure as figures show that international students contribute almost £11 billion to the UK’s economy and are not a burden on the UK tax payer. Despite the recent changes relating to Student applications, our expert immigration team are regularly instructed to prepare Student Visa applications and have the relevant expertise to prepare a properly executed application which is accompanied with the requisite documents to give it the strongest chance of success. ## Obtaining a Student Sponsor Licence As a Student Sponsor, you must meet the standards set by the Home Office and once you have met this standard, the Home Office will give you an A-rating/B-rating for 12 months. You must then apply for HTS status no later than 12 months from the date that you were granted your licence. The Student Sponsor Licence will be valid for four years and if you wish to continue to be a sponsor you must renew the sponsor licence. Education providers who held a valid Sponsor Licence under the previous Tier 4 route on 5 October 2020 will not need to reapply for the Student Sponsor Licence as it would have automatically been transferred. ## Assigning a Certificate of Sponsorship (CAS) Once you have a Student Sponsor Licence, you will be able to assign a CAS to students wishing to come to the UK to study. The CAS is valid for six month and if the prospective student does not use the CAS, it will automatically become invalid and you will need to re-issue the CAS. As a licenced sponsor, you will need to comply with your duties which include informing the Home Office of students who were granted leave but failed to enrol and students who are continuously absent for significant periods of time. ## Our Legal Services for a Student Visa Application - Advise education providers on the procedure for applying for a Student Sponsor Licence; - Act as the Key Contact or Level 1 User or Level 2 User of the company; - Advise employers/employees on the likelihood of getting sponsored; - Advise and represent clients in making their leave to remain/entry clearance applications; - Advise and represent clients’ dependants seeking dependent visas; - Lodge an appeal (in-country only) or make a request for an administrative review if your application is refused; and - Judicial Review of refused application. ## Immigration Health Surcharge (IHS) The Immigration Health Surcharge (IHS) was introduced by the Home Office on 6 April 2015 and applies to temporary, non-EEA migrants who are coming to the UK for more than 6 months. Payment for IHS is collected by the Home Office and goes directly to the National Health Service (NHS). If instructed, our team of expert lawyers can consider whether you will need to pay the IHS. If you wish to consider your options, please contact our team today and arrange a meeting with a qualified immigration solicitor who can advise you of your options. ## Expert UK Immigration Solicitors [Our immigration solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) can help you prepare your Student visa application; our expert team offer some of the following services: - Consultation in person or via Skype or telephone with an experienced immigration solicitor who can advise on whether you meet the eligibility requirements and the merits of your application; - Tailored legal advice which will assist you in collating the documents required for an application; and - Preparation of the relevant application forms and legal representations. If you wish to have your documents checked by an expert immigration solicitor, please contact us so we can explore your options. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Tier 1 Investor Visa Source: https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/ The UK is one of the leading business locations in the world; its proximity to Europe makes it a natural choice to locate for investors coming from outside the EU and it is home to London, the world’s leading financial centre. The UK’s Points-Based System caters to those wishing to invest in a business in the UK by way of an Investor visa. If you are a high net worth individual who wishes to come to the UK on an Investor visa, our expert business immigration team can assist you with your queries and assist you in the preparation of an application to the Home Office. We can guide you step by step and ensure that you submit a properly executed application with the requisite documents which confirm that you meet all the requirements of the relevant Immigration Rules. The Tier 1 Investor visa category of the Points-Based System is open to those migrants who wish to make a substantial financial investment in the UK. This route is attractive due to the fact that applicants do not need to show evidence of maintenance nor demonstrate that they meet the English language requirements. This route demonstrates the UK government’s desire to attract high net worth individuals to make substantial investments in the UK. ## What is a Tier 1 Investor visa? The [Tier 1 Investor](https://www.gov.uk/tier-1-investor) visa category is for high net worth individuals who wish to make a minimum investment of 2 million GBP in the UK. Applicants who are successful in their UKVI application will be granted a visa valid for 3 years and 4 months. Under this visa category, there is no maintenance or English language requirement. It is well known that the UK Government encourages Tier 1 Investor visa applications but in recent times, we have witnessed a stricter approach from the Home Office in assessing the investment funds. ## How do I get a Tier 1 visa for UK? Generally, those who wish to apply for a Tier 1 Investor Visa must provide evidence that they have money of their own, under their own control held in a regulated financial institution and which is disposable in the UK. This amount must not be less than £2 million and applicants must be able to show that they have opened a bank account with the UK regulated bank for the purposes of investing an amount not less than £2 million. Applicants who apply for this type of visa are usually from outside the UK but there are some circumstances where migrants already in the UK may be able to apply for the Investor visa from the UK. There are also limitations on what you can invest in, for example, you are not allowed to invest in companies engaged in property investment, property manager or property development. In order to apply for a Tier 1 Investor Visa, you need to be from outside the [European Economic Area ](https://www.gov.uk/eu-eea)and Switzerland and must have a minimum of £2 million to invest in the UK. Applicants must also meet the following eligibility criteria: - you must be 18 or over; - you must be able to provide evidence that the money belongs to you, your spouse or partner; - you must have opened a UK bank account; - your funds must be held in one or more regulated financial institutions; and - your funds must be free to spend (‘disposable’) in the UK. To ensure your application is processed without delay, you should ensure you provide all of the necessary documents which show how you have access to the funds and meet all the eligibility criteria. Not submitting important documents or failing to highlight them can result in the application being rejected and having to start again and pay further Home Office fees. Our expert immigration solicitors would be happy to meet with you to discuss whether you are eligible to apply and if you are our solicitors can assist you in the preparation of an initial application in this category. ## Business Investors can use an Investment Vehicle to Study and Work in the UK under the Tier 1 Investor Visa Application Route An Investment Vehicle is a bespoke investment product tailored to the needs of a [Tier 1 Investor Visa](https://web.archive.org/web/20170713071241/http://trade.ec.europa.eu:80/doclib/docs/2003/december/tradoc_115266.pdf) Applicant for the purposes of studying/working in the UK or investing in property in the UK.  Applicants will need to ensure that all of the requirements of the Tier 1 Investor Visa can be met under the UK Immigration Rules and should get advice from our specialist immigration solicitors and barristers, who will then work in conjunction with our affiliated Wealth Management Company who will be able to give specific and detailed financial advice about the appropriate Investment Vehicle. The Investment Vehicle will then mature on the Applicant obtaining a settlement visa, either under the 2 year or 3 years Accelerated Settlement Route, or the standard 5 Year route. ## Tier 1 Investor Visa Extension If successful, you will initially be granted leave to remain for 3 years and 4 months and will have the opportunity to extend your visa for another 2 years thereafter. Following the immigration rules changes in November 2014, the rules for extending an Investor visa differ depending on when the initial leave was granted. Generally, the current immigration rules require the following: Investor visa applications approved before 6 November 2014: you will need to show that you: - have at least £1 million under your control in the UK - have invested at least £750,000 (or 75%) of that in UK government bonds, share capital or loan capital in active UK companies - invested this sum within 3 months of your ‘investor start date’ Investor visas applications approved on or after 6 November 2014:  you will need to show that you: - have at least £2 million under your control in the UK - have invested those funds in UK government bonds, share capital or loan capital in active UK companies - invested this sum within 3 months of your ‘investor start date’ You may be able to include any dependants who are on your current visa on your application to extend – including children who have turned 18 during your stay. ## Accelerated Settlement Under the Tier 1 Investor Visa Route Applicants can apply for settlement under the Tier 1 Investor route once they have reached 5 years’ continuous leave in the UK as a Tier 1 Investor. However, there are also accelerated settlement routes after 2 years' or 3 years' continuous residence for applicants who can meet additional investment criteria: - 5 year settlement route if the applicant can demonstrate that they have invested £2 million (or £1 million if initially granted leave as a Tier 1 Investor before 6 November 2014); - 3 year settlement route if the applicant can demonstrate that they have invested £5 million; - 2 year settlement route if the applicant can demonstrate that they have invested £10 million. All Tier 1 Investor settlement applicants must also ensure they do not have over the total number of days absences from the UK and can demonstrate that all of the other requirements for indefinite leave to remain have been met. Our Business Immigration Solicitors in London can advise on all of the requirements for settlement under the Tier 1 Investor Visa route during a consultation. ## Immigration Health Surcharge (IHS) The Immigration Health Surcharge (IHS) was introduced by the Home Office on 6 April 2015 and applies to temporary, non-EEA migrants who are coming to the UK for more than 6 months. Payment for IHS is collected by the Home Office and goes directly to the National Health Service (NHS). If instructed, our team of expert lawyers can consider whether you will need to pay the IHS. If you wish to consider your options, please contact our team today and arrange a meeting with a qualified immigration solicitor who can advise you of your options. ## Expert Immigration Solicitors for High Net Worth Visa Applicants If you wish to consider your options of applying for a Tier 1 Investor visa, please contact a member of our business immigration team who will arrange for you to meet with a qualified solicitor who can explore your options with you. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional business immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Detention, Temporary Admission & Bail Source: https://immigrationandvisasolicitors.co.uk/detention-bail-temporary-admission-immigration/ The Home Office have a number of detention centres (Immigration Removal Centres) in the UK which are used to detain [asylum seekers](https://immigrationandvisasolicitors.co.uk/asylum/) and migrants under Immigration Act powers. An asylum seeker or migrant can be detained for a number of reasons but may be able to apply for temporary admission or immigration bail. If the Home Office does not release you on temporary admission, our expert team of immigration solicitors and barristers can be instructed to assist in an application for [immigration bail](https://immigrationandvisasolicitors.co.uk/immigration-bail-granted-first-tier-tribunal-iac-success-story-temporary-release-deportation-asylum/). If instructed in your immigration bail matter, we can represent you at your bail hearing and make representations on your behalf. We regularly consult with detained clients and our team are on hand to provide you the support you require. ## Who may be detained? There are numerous categories of people who are detained under Immigration Act powers and these categories can overlap. The following are some examples: - arrivals to the UK awaiting examination by an immigration officer to determine the right of entry; - arrivals to the UK denied permission to enter the UK who are awaiting removal; - those who have no valid leave to remain (visa); - those who have just been released from prison and have a deportation order against them; and - those who are accused of obtaining their visa by deception. Our expert immigration solicitors and barristers are regularly instructed to meet with clients at Immigration Removal Centres and consider their options. ## Temporary Admission There may be some circumstances where the Home Office choose to release a detained migrant on 'Temporary Admission' or 'Temporary Release'. Temporary Admission is usually an alternative to bail; the idea behind this is to release a migrant while they are awaiting some form of immigration action, decision or procedure to be completed. Our expert team of lawyers are regularly instructed by detainees to make representations to Immigration Officers and the Home Office so a detained migrant can be released from detention on Temporary Admission/Temporary Release. ## Immigration Bail Detained migrants may apply to the First Tier Tribunal for immigration bail if they have been detained in an Immigration Removal Centre (IRC) or in prison for 7 days or more. A bail application is made to the First Tier Tribunal where an Immigration Judge will consider whether a detainee should be released under certain conditions. Generally, immigration authorities have a duty to release detainees on bail unless they can provide evidence that there are good reasons for detention. If you wish to consider your options of applying for bail, please [contact](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/) a member of our immigration team so we can arrange for you to meet with an expert lawyer. If instructed, we can assist you with your bail application and represent you at a bail hearing. ## Expert Immigration Lawyers based in London [Our immigration lawyers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) understand that the immigration rules governing detention are complex and have been significantly elaborated by case law. Our solicitors are regulated by the [Solicitor's Regulation Authority (SRA)](https://www.sra.org.uk/) and are bound by strict confidentiality rules. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Global Talent Visa Source: https://immigrationandvisasolicitors.co.uk/business-work-points-cos-employer-sponsor-licence-ukvi-pbs/global-talent-visa/ As of 20 February 2020, the [Global Talent visa](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/867038/Global_Talent_Policy_-_02.20.pdf) replaced the former [Tier 1 Exceptional Talent visa](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/).  The introduction of the Global Talent visa is an expansion of the former route. Applicants who were preparing to submit an application under the Tier 1 Exceptional Talent visa can still submit their application under the Global Talent visa. The Global Talent visa is for talented and promising individuals in the fields of science, engineering, medicine, humanities, digital technology, and arts and culture (including film and television, fashion design, and architecture) wishing to work in the UK. The Home Office expects Applicants to be leaders in their chosen field or have evidence that they have the potential to be leaders with backing from an approved endorsement body. ## What is a Global Talent visa? The UK Government has introduced a brand new work visa for talented and promising migrant workers in the fields of science, engineering, medicine, humanities, digital technology, and arts and culture wishing to work in the UK. The Home Office expects applicants to be leaders in their chosen field or have evidence that they have the potential to be leaders with backing from an approved endorsement body. The Global Talent visa is very similar to the former Tier 1 Exceptional Talent and is considered to be an expansion of the former route and not a replacement. ## How can I get Global Talent Visa for UK? The relevant rules and requirements for this visa can be located in the Immigration Rules [Appendix Global Talent](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-global-talent). The application process is broken down into two stages and both stages must be completed. The first stage is to apply for an endorsement with a Home Office approved governing body.  The second stage is to apply for the actual visa directly to the Home Office. It is possible to apply for both stages simultaneously. During stage one, an endorsing body assesses your skills, abilities and achievements, and advises the Home Office of their decision on whether you should be endorsed. Applicants will be required to show that they fall under one of the following categories: - A leader in their chosen sector (exceptional talent); or - An emerging leader (exceptional promise); or - Applying under the UK Research and Innovation endorsed funder option. The endorsing bodies are: - [The Royal Society](https://royalsociety.org/) – for science and medicine - [The Royal Academy of Engineering](https://www.raeng.org.uk/) – for engineering - [The British Academy](https://www.thebritishacademy.ac.uk/) – for humanities - [Tech Nation](https://technation.io/?gclid=EAIaIQobChMI1M-kyde16AIVF5zVCh0qjwpwEAAYASAAEgJNw_D_BwE) – for digital technology - [Arts Council England](https://www.artscouncil.org.uk/) – for arts and culture - [UK Research and Innovation](https://www.ukri.org/) (UKRI) -for research applicants If your qualifying field is fashion, architecture, or film and television, Arts Council England will pass on your application for review to: - British Fashion Council, for fashion; - Royal Institute of British Architects (RIBA), for architecture; and - Producers Alliance for Cinema and Television (PACT), for film and television. Alternatively, Applicants who have been awarded a prestigious prize listed in [Appendix Global Talent: Prestigious Prizes](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-global-talent-prestigious-prizes) is considered as showing "exceptional talent" and therefore do not need to apply for an endorsement. During stage two, the Home Office considers immigration aspects, such as whether general grounds for refusal apply and, if you are already in the UK, whether you are able to switch into the Global Talent category.**   ** ## What are the main routes under the Global Talent visa? The new global talent visa will have 4 main routes: - **Senior appointments**: This is for migrants who have accepted a job of professor, associate professor, reader, senior group leader, or equivalent at any UK higher education institution or eligible research institute provided certain recruitment requirements were met. This path is administered by The British Academy, the Royal Academy of Engineering, and The Royal Society - **Fellowships**: This is for migrants who have been awarded a fellowship for their academic and research achievements by an approved body i.e. British Academy, the Royal Academy of Engineering, and Royal Society. - **Endorsed funders**: This is for researchers and specialists whose name or job title is specified in a successful grant application from a recognised funder. This path is administered by UK Research and Innovation. - **Peer review**: standard endorsement for individuals who submit a successful application for review by The British Academy, the Royal Academy of Engineering or The Royal Society (depending on their field of expertise). If you do not fall within the context of any of the above routes you may still be eligible to apply for this visa. ## What does the introduction of the Global Talent visa mean for the Tier 1 Exceptional Talent visa? After 20 February 2020 all applicants making a new Tier 1 Exceptional Talent visa application must apply under the new Global Talent visa route. However, if you have already submitted a stage one endorsement application under the former Tier 1 Exceptional Talent and you can apply for stage two under the Global Talent route as there is a transitional period for applicants who fall under this category. ## What you can and cannot do on a Global Talent Visa? The Global Talent Visa is similar to the former Tier 1 Exceptional Talent visa and there are a number of permitted and prohibited activities under this new visa. Under the Global Talent visa, you can apply for a visa for any period between 1 to 5 years. You can apply to extend your visa as many times as necessary and you can also apply for settlement. You can apply to work for an employer or as a director of a company or be self-employed. You can change jobs without notifying the Home Office. You can undertake voluntary work and apply for your dependents to join you. Similarly to other visas under the Points Based System you cannot access public funds, work as a doctor or dentist in training or work as a professional sportsperson or coach. ## Can I apply for Global Talent Settlement? The Global Talent Visa offers several settlement routes. Under [paragraph GT 11.1](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-global-talent) of Appendix Global Talent, Applicants who were granted their initial application using a prize listed in Appendix Global Talent: Prestigious Prizes or who are endorsed by one of the four Science bodies qualify for accelerated settlement in 3 years instead of 5 years. For Applicants who were endorsed by Tech Nation or the Arts Council England, Applicants only qualify for accelerated settlement if they were endorsed under the ‘talent’ criteria, and not ‘promise’ criteria. ## I have a Tier 1 Exceptional Talent visa shall I switch into the Global Talent visa? It is recommended that Tier 1 Exceptional Talent visa holders switch into the Global Talent visa. Applicants who are endorsed under the Tier 1 Exceptional talent visa can apply to switch into the Global Talent visa category without having to apply for a new endorsement under Appendix Global Talent of the Immigration Rules. By switching into the Global Talent visa Applicants can enjoy the benefits that are ascribed to the visa such as work for an employer, as a director of a limited company, or be self-employed and change jobs without having to inform the Home Office. Applicants can also do voluntary work and apply for their family members to join them in the UK. ## Why you should instruct us with your Global Talent visa? Whilst the Global Talent category is a new visa the application process and requirements are similar to the Tier 1 Exceptional Talent visa. Our [immigration team](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) has ample experience in preparing all Point Based System applications including the Tier 1 Exceptional Talent visa. Our immigration team specialises in preparing applications at the highest standard. We have an impeccable track history of submitting successful applications, especially where there are complexities. The key to submitting successful applications is being aware of the relevant Immigration Rules and more importantly the latest case law. Our immigration team is able to guide you through the entire application process (stages one and two). We prepare detailed legal submissions which focus on how your application meets the requirements for a Global Talent visa. In addition to the legal representations, our team of solicitors also provide multiple substantial reviews of your documents to ensure that you submit the correct documentary evidence. We also prepare and assist with completing the application form and submit your documents on your behalf. --- # Legal Case Assessment Source: https://immigrationandvisasolicitors.co.uk/legal-case-assessment/ *For a fixed fee of £250, our experienced legal team led by counsel can assess your immigration case and work out if it is worth pursuing either through a UK immigration application or tribunal appeal. If we consider your case has low merit we warn you quickly, at the outset, when it matters the most. If your case or application has already started and you’re worried about prospects, we can provide a second opinion.*[](https://lexlaw.co.uk/legal-case-assessment/#post-inner) ## We deliver bespoke immigration advice. *We don’t offer free advice.* Instead, for a discounted fixed fee of £250 we offer you high quality UK immigration law advice in our first meeting. That way our best solicitors and barristers can review your immigration case and give you the correct advice at the outset, when it matters the most. - We assess your case and work out if it is worth pursuing. If it has low merit we warn you quickly.- We analyse and work out the legal merits and complexities of your case and using our knowledge and expertise, will work out a strategy of how to present your case to the Home Office or Immigration Judge.- We explain and guide you through the Immigration Rules and relevant Home Office guidance.- Together, we tailor the best possible result for you.- Our lawyers deliver strategic legal advice at your first meeting with us. On weekdays you can also call us on [☎](tel://+442071830529) [+442030110276](tel:+442030110276) (from 9am to 6pm GMT). Please note we only advise our clients and *we do not provide free, legal aid or any advice whatsoever to non-clients*. You can also [send us a message on WhatsApp](https://api.whatsapp.com/send?phone=447721000718&text=Hi%2C%20I%20got%20your%20WhatsApp%20information%20from%20your%20website%20www.lexvisa.uk%20and%20I%27d%20like%20to%20become%20a%20client%20and%20book%20a%20conference%20with%20one%20of%20your%20lawyers.%20I%20understand%20you%20do%20not%20provide%20any%20free%20advice.%20Here%20are%20some%20details%20about%20my%20case%3A%20) and we will get back to you with details of how you can book a fixed fee meeting (£250) with an immigration solicitor or barrister: [Chat on WhatsApp](https://api.whatsapp.com/send?phone=447721000718&text=Hi%2C%20I%20got%20your%20WhatsApp%20information%20from%20your%20website%20www.lexvisa.uk%20and%20I) ## Case Assessment Form: --- # UK Unmarried Partner Source: https://immigrationandvisasolicitors.co.uk/uk-unmarried-partners-de-facto-visa/ *At DJF Solicitors, we understand the emotional and practical complexities of building a life with your loved one in the UK. Whether you're in a long-standing relationship with a British or settled partner, or you’ve been separated due to international borders, our immigration solicitors are here to help. The UK Unmarried Partner Visa offers a legal route for unmarried couples to reunite in the UK, and our experienced London-based immigration team will guide you every step of the way. * # What Is the UK Unmarried Partner Visa? The Unmarried Partner Visa is part of the UK’s family visa system. It allows individuals who are not married or in a civil partnership but who are in a committed relationship with a British citizen or a person with settled status, to live together in the UK. This visa category recognises the legitimacy of long-term relationships, including same-sex couples and heterosexual partners who choose not to marry for personal, cultural, or religious reasons. With this visa, your relationship must resemble that of a marriage or civil partnership, and you must intend to live together permanently in the UK. DJF Solicitors can help demonstrate the strength and authenticity of your relationship to UK Visas and Immigration (UKVI), ensuring your application meets the updated requirements. # Do You Qualify for the UK Unmarried Partner Visa in 2025? Under the latest rules, to qualify for a UK Unmarried Partner Visa, both you and your partner must be aged 18 or older, and your partner must already be settled in the UK. This means they are either a British or Irish citizen, hold [indefinite leave to remain (ILR), settled status](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) under the [EU Settlement Scheme](https://immigrationandvisasolicitors.co.uk/eu-nationals-post-brexit/), or have protection-based leave such as refugee or humanitarian protection. Your relationship must be genuine and subsisting. While the Home Office no longer insists on continuous cohabitation for two years, you must still prove that your relationship is long-term, exclusive, and akin to marriage. If you're unable to live together due to cultural obligations, employment overseas, or visa restrictions, our legal team will help you gather alternative evidence to support your claim. Our clients often worry that not having joint bills or rental agreements may count against them. With years of experience representing couples in similar situations, DJF Solicitors knows how to build a persuasive case based on your unique circumstances. ## How DJF Solicitors Proves a Genuine Relationship for a UK Partner Visa Proving the authenticity of your relationship to the Home Office is often the most challenging part of the application. The UKVI expects to see consistent, reliable documentation showing your commitment to each other over time. DJF Solicitors assists you in compiling a thorough portfolio of evidence. This may include travel records, correspondence, shared financial responsibilities, witness statements, and social proof of your relationship. If you are not currently cohabiting, or if your relationship has faced time apart, we can help frame these circumstances in a way that satisfies UKVI's genuine relationship test. Many clients come to us after being refused due to insufficient or misinterpreted evidence. With our assistance, you can submit a well-prepared and persuasive application from the start. ## Financial Requirements for the Unmarried Partner Visa in 2025 From April 2024 onwards, the UK government introduced a new minimum income requirement for partner visas, which also applies to the Unmarried Partner route. Applicants must show a gross annual income of at least £29,000, if relying on the income of the UK-based partner. This threshold may be met through salaried or non-salaried employment, self-employment, pensions, or savings, provided the income is lawfully earned and well-documented. If you are applying with dependent children, the financial threshold increases accordingly. Our solicitors will help calculate the exact requirement based on your family circumstances and explore all eligible sources of income to ensure your application meets this standard. For applicants who are unable to meet the financial threshold due to hardship or exceptional circumstances, particularly those with refugee status or humanitarian protection, there are potential exemptions available, which we can assist in demonstrating. Failing to meet the financial requirement is one of the most common reasons for refusal. At DJF Solicitors, we work closely with clients to structure their financial evidence, from payslips and bank statements to accountant letters and tax documents, minimising the risk of refusal on financial grounds. [Contact our leading London law firm](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) for detailed, tailored legal advice on how to meet the financial requirements. Including exceptions to the minimum income requirement. ## English Language Requirements for the UK Partner Visa To obtain an Unmarried Partner Visa, you must prove that you can communicate effectively in English. This is a crucial requirement, and the standard typically required is CEFR Level A1 for initial entry, rising to [Level B1 when applying for settlement](https://www.gov.uk/english-language) after five years. You can meet this requirement by passing an approved Secure English Language Test (SELT), presenting a degree taught in English, or being a national of a majority English-speaking country. DJF Solicitors will guide you through the correct test providers and ensure your qualifications are recognised by [Ecctis](https://ecctis.com/) (formerly UK NARIC). Applicants may also be exempt if they are aged over 65, have a medical or psychological condition preventing them from taking the test, or face exceptional circumstances. Our immigration lawyers will help you determine whether you qualify for an exemption and assist with gathering and submitting the required evidence. Our [leading London Law Firm](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) can advise on whether you qualify for an exemption and how to book the English Language test. ## How Much Does an Unmarried Partner Visa Cost in 2025? Applying for a UK Unmarried Partner Visa involves various fees. If applying from outside the UK, the Home Office visa application fee is £1,938, and if applying from within the UK, the fee is £1,321. In addition, all applicants are required to pay the [Immigration Health Surcharge (IHS)](https://www.gov.uk/healthcare-immigration-application) to access the NHS. The IHS in 2025 is currently £1,035 per year, meaning a five-year visa will cost £5,175 in health surcharges alone. These fees can be overwhelming, especially for families or those with dependants. In some limited cases, such as applicants facing destitution or on low income, it may be possible to apply for a fee waiver. DJF Solicitors can assess your eligibility for this and prepare a waiver request where appropriate. Beyond the government fees, we offer competitively priced fixed-fee packages that reflect the complexity of your case. Our clients appreciate the transparency and value for money our legal service provides. From initial advice to application submission and follow-up, we’re with you at every step. ## How Long Does It Take to Get a UK Unmarried Partner Visa? Processing times vary depending on whether you're applying from inside or outside the UK. Applications made from abroad generally take up to 12 weeks, while in-country applications typically take 8 weeks using the standard service. For urgent cases, you may be eligible for the Super Priority Service, which can result in a decision within 1-2 working days of attending your biometric appointment. However, delays can occur especially if your documents are incomplete, your financial circumstances are complex, or if UKVI requires additional verification. Our [expert immigration solicitors](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) handle all communication with the Home Office on your behalf, helping you avoid common delays and ensuring your case is processed as quickly and efficiently as possible. ## Your Route to Indefinite Leave to Remain (ILR) The Unmarried Partner Visa is not just a temporary solution. After living in the UK under this visa for five continuous years, you may be eligible to apply for Indefinite Leave to Remain (ILR). This is the first step toward permanent settlement in the UK and eventually British citizenship. To qualify, you’ll need to meet the continuous residence requirement, pass the Life in the UK Test, and meet the higher English language requirement of CEFR Level B1. DJF Solicitors offers ongoing legal support throughout your five-year journey. Our [specialist London team ](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/)help track your eligibility, prepare your ILR application, and ensure that you continue to meet the requirements as your circumstances evolve. ## Why Choose DJF Solicitors - London's Leading Immigration Lawyers At DJF Solicitors, we combine technical excellence with a personal, client-focused approach. We don’t believe in one-size-fits-all solutions. Every family and every relationship is different, and we treat each case with the care, attention, and strategic planning it deserves. We know how important your partner is to you, and we know how much rests on the success of your visa application. Our [London immigration solicitors](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) are highly experienced in complex Unmarried Partner Visa cases, including cases where couples live apart, face financial challenges, or are recovering from a prior refusal. We’re proud to represent both UK-based and international clients and are committed to helping your family stay together in the UK. ## Frequently Asked Questions About the UK Unmarried Partner Visa **1. Can I apply for the Unmarried Partner Visa if we haven’t lived together?** Yes. The two-year cohabitation requirement has been relaxed. You must now prove that your relationship is genuine and has lasted at least two years. **2. What documents are needed to prove our relationship?** You may need to submit shared bills, photos, communications, joint travel plans, or statements from friends and family. **3. How long does the visa process take?** Between 8–12 weeks on average, depending on whether you’re applying from inside or outside the UK. **4. What if I don’t meet the financial requirement?** You may be able to rely on alternative income or claim an exemption. Speak with our solicitors for personalised advice. **5. Can this visa lead to permanent residency?** Yes, after five years you can apply for Indefinite Leave to Remain and later for British citizenship. ## Contact Us For expert guidance on UK Unmarried Partner Visas and assistance with your application, contact our [immigration solicitors](https://immigrationandvisasolicitors.co.uk/) on 02030110276 or complete our [contact form](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/). --- # UK Fiancé Visa Source: https://immigrationandvisasolicitors.co.uk/uk-fiance-marriage-visa/ *The UK Fiancé Visa is a crucial step for individuals planning to marry British or Irish citizens, those settled in the UK, or individuals with specific visa statuses. It provides the opportunity to enter the UK and marry within six months of arrival. While it doesn't lead directly to settlement, it opens the pathway to the [Spouse visa](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/), potentially leading to [indefinite leave to remain ](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/)after five years. This detailed guide aims to provide insights into the intricate requirements and processes associated with the UK Fiancé Visa.* ## Requirements for a UK Fiancé Visa To initiate the application process, one must meet several stringent criteria. The sponsoring partner must be British, Irish, settled in the UK, possess pre-settled status, hold a Turkish Businessperson or Turkish Worker visa, or have refugee status or humanitarian protection. Both partners must be over 18, having met in person, and their relationship should be genuine and subsisting. ## Sponsoring Partner's Status A critical aspect is the status of the sponsoring partner, who must meet specific criteria such as being a British or Irish citizen, holding indefinite leave to remain, pre-settled status, or other specified statuses. These conditions ensure a stable foundation for the Fiancé Visa application. ## Minimum Age Requirement Another essential criterion is that both partners must be over 18 at the time of submitting the Fiancé Visa application. This age requirement is a fundamental aspect to consider for eligible candidates. ## Relationship Criteria Navigating the relationship criteria involves avoiding prohibited degrees of relationship, providing evidence of a face-to-face meeting, and demonstrating a genuine and subsisting relationship. Proving shared responsibilities, financial ties, and future plans is crucial to overcoming any doubts the Home Office may have. ## Documents for a Genuine and Subsisting Relationship The Home Office requires substantial evidence of a genuine and subsisting relationship. This includes proof of regular contact, affection, cohabitation, shared responsibilities, and future plans. Expert Immigration Solicitors can guide applicants on the specific documents needed, tailored to individual circumstances. ## Intention to Marry and Previous Relationship Status Applicants must not only have a genuine relationship but also an intention to marry within six months of entering the UK. Proving wedding plans and confirming freedom from previous marriages through legal documentation is essential for a successful Fiancé Visa application. ## Commitment to Permanent Residence Demonstrating the intention to live together permanently in the UK is vital. This commitment should be evident from the initial Fiancé Visa application stage, with clarity on living arrangements and the expectation of limited time spent overseas. ## Financial Requirement for a UK Fiancé Visa Meeting the financial threshold is crucial, with the sponsoring partner needing a **current** annual income of at least £29,000, plus additional amounts for dependent children. It is important to note, this figure will increase in increments. Complex rules govern this, making it advisable to seek advice from [our expert Immigration Solicitors.](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) ## Accommodation Requirement Ensuring adequate, exclusive, and non-publicly funded accommodation is available is a key component of the Fiancé Visa application. Providing evidence of legal entitlement to occupy the property is crucial for a successful application. ## English Language Requirement Meeting the English language requirement, typically at [CEFR level A1](https://www.trinitycollege.com/qualifications/SELT/CEFR) for entry clearance, is mandatory. Exemptions apply for specific circumstances, and failure to meet this requirement can lead to visa refusal. ## UK Fiancé Visa Supporting Documents Checklist The most common reason for visa refusal is inadequate supporting documentation. Generic checklists may not suffice, emphasising the importance of seeking guidance from our expert Immigration Solicitors who can tailor advice based on individual circumstances. [Contact](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) our specialist team for advice on specific documents which are required in support of your fiancé visa application. ## Application Fees and Processing Times Understanding the financial aspect involves being aware of the application fees. The Home Office application fee for a UK Fiancé Visa submitted outside the UK is £1,846. Processing times vary, with standard processing taking between 2-3 months. ## Duration of UK Fiancé Visa A successfully granted Fiancé Visa provides an initial validity of six months. After the wedding, applicants can switch to the [Spouse](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) category without leaving the UK. Further extensions are required every 30 months, eventually leading to eligibility for[ indefinite leave to remain](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) after five years. ## Employment Restrictions Fiancé Visa holders are not permitted to work in the UK, and understanding these restrictions is crucial for applicants planning their stay. ## Fiancé Visa FAQs | Question | Answer | | -------- | ------ | | **Why choose expert Immigration Solicitors in London for my Fiancé Visa application?** | Our leading London Law Firm specialises in Fiancé Visa applications, offering personalised advice to ensure documentation meets specific requirements, reducing the risk of refusal. | | **Can I visit the UK while my Fiancé Visa is being processed?** | Unfortunately, Fiancé Visa applications can only be made from outside the UK. The Super Priority Service is not available for new applications, but existing applicants can upgrade to a Priority Service. | | **What happens after my Fiancé Visa is granted?** | Once granted, the Fiancé Visa is valid for six months. After marriage, applicants can switch to the [Spouse](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) category without leaving the UK, leading to further extensions and eventual eligibility for [indefinite leave to remain](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/). | | **What is the cost of the UK Fiancé Visa application?** | The Home Office application fee for a UK Fiancé Visa submitted outside the UK is £1,846. It's essential to be aware of this financial aspect when planning your visa application. | | **Can I work in the UK with a Fiancé Visa?** | No, Fiancé Visa holders are not permitted to work in the UK. The primary purpose of this visa is to facilitate the process of getting married within six months of entering the UK. | | **How long does it take to process a UK Fiancé Visa?** | The standard processing time for a Fiancé Visa application submitted outside the UK is 2-3 months. There are priority services available for existing applicants, allowing for faster processing times. | | **What documents are required for a successful Fiancé Visa application?** | The required documents vary based on individual circumstances. However, common documents include proof of relationship, financial stability, accommodation details, and meeting the English language requirement. Seeking advice from expert Immigration Solicitors can ensure you provide the right documents tailored to your case. | | **Can I visit the UK while waiting for my Fiancé Visa to be processed?** | Unfortunately, Fiancé Visa applications can only be made from outside the UK. As a result, attempting to enter the UK before receiving a decision on your application may result in you being denied entry and made to return to the country you traveled from. | | **How long is a UK Fiancé Visa valid?** | If your application for a UK Fiancé Visa is successful, the visa is initially valid for six months. After your wedding, you can then apply to switch into the [Spouse](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) category without leaving the UK. | | **Are there exemptions to the English language requirement for a Fiancé Visa?** | Exemptions from the English language requirement may apply if you are over the age of 65, have a physical or mental disability preventing language proficiency, are from a majority English speaking country (listed on the gov site) or if exceptional circumstances make it impossible to satisfy the English language requirement before entering the UK. | | **Can I rely on cash savings to meet the financial requirement for a Fiancé Visa?** | Yes, cash savings can be used to satisfy the financial requirement, provided they are held by your partner and/or yourself for at least six months. However, it's crucial to understand the specific rules and seek advice from expert Immigration Solicitors to ensure compliance. | | **What happens if my Fiancé Visa application is refused?** | If your Fiancé Visa application is refused, the appeals process can take considerable time. Seeking advice from our Immigration Solicitors during the application process can help minimise the risk of refusal. | | **Can I apply for indefinite leave to remain after a Fiancé Visa?** | Yes, after switching to a [spouse visa ](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/)and spending five years in the UK as the Spouse of a British citizen or settled person, you become eligible to [apply for indefinite leave to remain](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/). This marks the culmination of the journey initiated by the Fiancé Visa. It is important to note, time spent on the fiancé visa does not count towards the 5 years to settlement. | ## Why Choose Our Leading London Law Firm? When navigating the intricate UK Fiancé Visa process in 2024, it’s crucial to have [our expert Immigration Solicitors ](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/)by your side. [Our London Law Firm boasts a team of specialists](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) dedicated to ensuring a smooth application process: - **Tailored Advice:** Our immigration team provides personalised advice, steering away from generic lists and focusing on your unique circumstances. - **Financial Requirement Expertise:** Understanding the complexities of financial requirements is crucial. Our experts guide you through the intricacies, preventing common pitfalls leading to visa refusals. - **Documentary Checks:** The Immigration Rules demand stringent documentation. Rely on our team to assess and verify your documents for compliance, reducing the risk of refusal. - **Proven Success:** With a track record of successful Fiancé Visa applications, our team understands the nuanced requirements, offering insights to enhance your chances of approval. ## Successful Fiancé visa application with our immigration solicitors in London Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Fiancé visa application and ensure that you meet all the requirements under the Immigration Rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our [UK immigration and visa solicitors ](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/)are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please [call](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) our Immigration Team so we can assess your case and arrange your legal consultation to discuss Fiancé visa application. [Contact](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https:/immigrationandvisasolicitors.co.uk/contact-us/). --- # MM Majid Javed & Ors v SSHD UK Supreme Court Judgment Source: https://immigrationandvisasolicitors.co.uk/mm-majid-javed-uk-supreme-court/ --- # About Us Source: https://immigrationandvisasolicitors.co.uk/about-us/ LEXVISA** **is a leading legal services provider that specialises in providing high quality immigration legal advice to both businesses and individuals. We're the immigration law division of DJF Solicitors, a leading national UK law firm headquartered in Central London with offices in 7 nationwide locations, including London, Manchester, Birmingham and Bristol. We have access to professional legal chambers located in the ancient Middle Temple (Inn of Court), near the Royal Courts of Justice and in the legal heart of Central London. Our team of immigration lawyers provide a first class and comprehensive legal service and is on hand to guide you through the complex UK immigration system. ## Legal Advice for All Visa Routes Our immigration lawyers are regularly instructed to advise clients, ranging from businesses, to high-net-worth clients, to professional clients and to individual clients, achieve consistent results in all visa routes. We pride ourselves in assisting UK businesses/education providers in obtaining Sponsor Licences and assisting their workers/students ([Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/)/[Tier 4](https://web.archive.org/web/20190320134816/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa/)) in obtaining their relevant visas so they can travel to the UK. We deal with all types of Points Based System applications including those for high net worth clients ([Tier 1 Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/)) and ultra high net worth clients ([Tier 1 Investor](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/)), those who are exceptionally talented individuals in the fields of science, humanities, engineering, the arts and digital technology ([Tier 1 Exceptional Talent](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/)) and those who simply wish to work in the UK on a temporary basis ([Tier 5 Temporary Workers & Youth Mobility Visa](https://immigrationandvisasolicitors.co.uk/tier-5-temporary-workers-yms/)). We also pride ourselves in reuniting families in the UK by assisting clients with their family related applications (fiance/[spouse](https://web.archive.org/web/20170116000810/https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/)/[unmarried partners](https://web.archive.org/web/20170115234613/https://immigrationandvisasolicitors.co.uk/uk-unmarried-partners-de-facto-visa/)/sole responsibility/[adult dependent relatives](https://immigrationandvisasolicitors.co.uk/uk-dependant-relative-visa/)/EEA family permits and residence cards). We have a proven track record of making successful [human rights applications](https://immigrationandvisasolicitors.co.uk/human-rights/) (FLR FP/[Asylum](https://immigrationandvisasolicitors.co.uk/asylum/)) and our immigration lawyers are regularly involved in [judicial review applications and attending immigration appeal tribunal hearings](https://immigrationandvisasolicitors.co.uk/judicial-review/) at all levels. ## Why Choose Us? **100% Success Rate: **Our team of lawyers have a proven track record of achieving the best results for both business and individual clients. We appreciate every application is considered on its own merits but we will always go the extra mile to ensure you have submitted a properly executed application. [Testimonials](https://immigrationandvisasolicitors.co.uk/success/) left by our successful clients demonstrate the high level of service provided to our clients and should give you the added confidence and trust in achieving your desired results. **Qualified Solicitors: **Our immigration department comprises of only professional qualified Solicitors who are authorised and regulated by the [Solicitors Regulation Authority](https://www.sra.org.uk/) and registered with the [Law Society (England & Wales)](http://www.lawsociety.org.uk/). Our lawyers expertise and experience are increasingly important to understanding and successfully interpreting the complicated and highly legalistic processes involved in UK visa matters. **Location: **To ensure we get the best results for our clients, [we operate from the legal heart of London](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/), minutes away from the Royal Courts of Justice and Upper Tribunal (we are also based a short distance away from the First-tier Tribunal in Taylor House). We’re located near to Temple (District Line), Chancery Lane & Holborn (Central Line), City Thameslink and Blackfriars stations. **Flexibility: **Our immigration lawyers are available to consult with you either via a face to face meeting at our professional chambers in Middle Temple or via telephone or Skype.  Our telephone/Skype consultations are particularly attractive to those who are based outside the UK or those who simply wish to seek advice during their lunch break at work. **Media Appearances: **Visit our [Media Appearances page](https://immigrationandvisasolicitors.co.uk/media-appearances/) where you will find videos of our immigration lawyers providing legal commentary on UK immigration matters on mainstream media including Sky News, Russia Today (RT), ITV News & BBC Radio News Online. We are also often called upon to comment on the Home Office's complex rules and visa routes in printed media such as Wall Street Journal and International Business Times (IBTimes). Our immigration lawyers have also published legal articles in their chosen field on [LexisNexis](http://www.lexisnexis.co.uk/en-uk/home.page). **Immigration Professional Negligence advice**:  Our [professional negligence litigation team](https://professionalnegligenceclaimsolicitors.co.uk) are dedicated members of the [Professional Negligence Lawyers Association](https://www.pnla.org.uk/) (PNLA), with expertise in high value professional negligence disputes and claims. Our [immigration lawyers](https://immigrationandvisasolicitors.co.uk/) are experts in immigration law which is a complex area with its own legislation and case law unique to other types of law in the UK, which many specialist professional negligence firms will fail to comprehend to the high level we understand immigration law. **Dedicated legal costs specialists:** unlike many other law firms, we have an [experienced legal costs team](https://lexlaw.co.uk/practice-areas/solicitors-act-1974-client-legal-costs-detailed-assessments-scco/), who specialise in challenging the reasonableness of bills/invoices rendered by your previous immigration solicitor. We find that in many professional negligence claims, clients are not happy with the service they have received and in tandem the price that they have paid for the sub-standard work completed. **Knowhow:** Our immigration team publish daily articles on key points of the immigration law and we regularly Tweet from our popular Twitter account (@UKVisaSolicitor). This instills confidence in clients who are assured that our knowledge of the immigration rules, case law and guidance is recent. **Fixed Fee Consultations:** We offer fixed fee consultations whereby you will meet with a professional qualified Solicitor who will explore your options for a fixed price - therefore no hidden fees and no surprise bills! **Niche Expertise:** Our expert immigration solicitors are often instructed to advise clients on the most complex areas of immigration law and in some cases have achieved results for clients who felt they had no prospects of success. Our team are highly experienced in navigating through complex immigration rules and guidance and as a result are often called upon to give legal commentary by mainstream media. **Cost-effective: **We provide competitive rates and ensure that we maintain them at a level which is accessible to our clients especially those who are of modest means. Our team may offer to work on your case on an hourly rate basis or often clients opt for a fixed fee structure. **Professional & Tailored Approach:** Our immigration team are on hand to provide you with tailored solutions for complex problems. Our solicitor's tenacious approach to their work combined with their excellent attention to detail has resulted in numerous clients being successful in their immigration applications and appeals.  We also appreciate how stressful the immigration process is and our team of legal assistants often accompany clients to Premium Visa appointments giving them the moral support they need. **ILPA:** Our law firm is a member of [Immigration Law Practitioners' Association (ILPA)](http://www.ilpa.org.uk/) - ILPA is a professional association whose members comprise of barristers, solicitors and advocates practising in all aspects of immigration, asylum and nationality law. Our lawyers often attend ILPA meetings where representatives from UK Visas & Immigration are present and are able to provide an insight into the UK visa application process. ## What Our Clients' Say About Us We have been previously instructed by SME's, start up businesses, high profile and individuals all of whom who were able to achieve their desired results. On some occasions, clients have left us feedback; below are just some of the testimonials: *"...From our first initial meeting to handing in our application, the team were incredibly thorough, helpful, supportive, and extremely knowledgeable with exactly what we needed to do to have a successful application. We are truly grateful and would HIGHLY recommend them to anyone in need of immigration solicitors. We felt confident in their knowledge and bottom line, they get the job done. The immigration team were incredibly thorough with every ounce of paperwork needed to be completed and stayed on top of every correspondence and were very timely with responding to our questions or comments. Thank you for all of your hard work and dedication to our case."* *"They are absolutely the best team for getting the job done in time while providing you with a peace of mind. No wonder they have a 100% success rate with spousal visa applications!"* *"Thank you for helping us obtain a Tier 2 Sponsor Licence. Before we instructed you, the process seemed daunting but your team made it possible - thank you all for your assistance."* *"It was a great experience dealing for the first time with such a respective firm. once my documents were readily available they have processed it so fast and ensured that everything was correct and in place. I would for sure deal with them again especially that the members of the firm are friendly and helpful."* If you wish to read feedback from our previous clients, please visit our [Reviews](https://immigrationandvisasolicitors.co.uk/success/) page. --- # Tier 1 Start-up visa Source: https://immigrationandvisasolicitors.co.uk/tier-1-start-up-new/ ## What is the Start-up visa? The [Start-up visa](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/791047/start-up-internal-guidance-v1.0.pdf) was introduced on 29 March 2019 replacing the former Tier 1 Entrepreneur visa/Tier 1 Graduate Entrepreneur visa. The Start-up visa is for non-EEA national entrepreneurs who wish to set up a business in the UK. Applicants must show that their business idea is innovative, viable, and scalable and they must secure an endorsement from a UK higher education institution or a business organisation with a history of supporting UK entrepreneurs. A significant difference is that there is no longer an investment requirement. In the past, Applicants had to show that they had at least £50,000 to invest in their proposed business. The application is broken down into two stages. Applicants must first apply for an endorsement from an [approved industry body](https://web.archive.org/web/20190423213117/https://immigrationandvisasolicitors.co.uk/innovator-visa-endorsement-bodies/) and then apply to the Home Office for the visa. Applicants can still apply for Tier 1 Entrepreneur extensions until 5 April 2023 and settlement until 5 April 2025. ## How to submit a Start-up Visa application? Applicants who wish to apply for a Start-up visa must meet the requirements listed under [Appendix W](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-w-immigration-rules-for-workers) of the Immigration Rules. To summarise, Applicants must: - Be at least 18 years old on the date of the decision; - Be of good character and not fall under the general grounds for refusal; - Not have a history of overstaying except for any period of overstaying allowed under the Immigration Rules; - Pass the credibility assessment (see below); and - Meet the English language and maintenance requirements (see below). It is important to submit a well-prepared application with all the mandatory documents. Our Immigration solicitors can advise on the requirements and application process. ## What is the Start-up credibility assessment/endorsement requirement? The Home Office will no longer carry out a genuine entrepreneur test in reviewing an Applicants business idea. Immigration practitioners often questioned and criticised the Home Offices’ approach in conducting the genuine entrepreneur test. As a result, the Home Office has now introduced a credibility assessment/endorsement requirement for the Start-up visa. Applicants secure an endorsement from a UK higher education institution or a business organisation with a history of supporting UK entrepreneurs. Applicants are required to submit their business idea alongside a detailed business plan to a relevant endorsement body. The endorsement body will review whether the business is innovative, viable, and scalable. The endorsement body must provide a letter to the Applicant confirming the details listed under [Appendix W](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-w-immigration-rules-for-workers) of the Immigration Rules. ## What is the Start-up English language and maintenance requirement? Applicants must show that they have sufficient knowledge of the English language by passing an English test at level B2 of the Council of Europe’s Common European Framework. In the alternative, Applicants can meet the English language requirement if they have obtained an academic qualification which was taught in English or if they are from a majority English speaking country. Applicants must show that they have at least £945 in savings to meet the maintenance requirement. The money must be held for a consecutive 90 days with the last statement dated 31 days before the date of the application. ## Is it possible to switch into a Start-up visa? In some circumstances, Applicants can switch into the Start-up visa from within the United Kingdom.  In order to switch into this visa Applicants must have been last granted leave (visa) as a: - Tier 1 (Graduate Entrepreneur) migrant (who has not yet been granted 2 years’ leave in the category); - Tier 2 migrant; - Tier 4 (General) student; and - A visitor who has been undertaking permitted activities as a prospective entrepreneur, as set out in Appendix V. Successful Applicants will be granted a visa for 2 years. Similar to the Tier 1 Graduate Entrepreneur visa, this route does not lead to settlement (Indefinite leave to remain). ## Applying for a Start-up visa as a team of 2 or more It is possible for an Applicant to apply for a Start-up visa as an entrepreneurial team of 2 or more. There is no formal requirement for an Applicant to be the sole founder of the business as the Home Office accepts applications from 2 or more Applicants who share the same business idea. However, each member of the entrepreneurial team must obtain an endorsement in their own right and also meet all the other requirements under Appendix W of the Immigration Rules. It is important for each member of the team to provide information on what their role will consist of and their involvement in the business.   ## Using our Solicitors to submit Start-up business endorsement application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Start-up business endorsement application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications, which are improperly prepared, for example by failing to provide the correct supporting evidence (evidence of endorsement). In order to ensure your UK Start-up visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Start-up Visa applications with our Immigration Solicitors in London Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Start-up visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Start-up business endorsement and ensure that you meet all the necessary rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice, and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Start-up visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://immigrationandvisasolicitors.co.uk/contact-us/) --- # Business Immigration Source: https://immigrationandvisasolicitors.co.uk/business-work-points-cos-employer-sponsor-licence-ukvi-pbs/ Advising UK Employers, Workers, Education Providers and Students navigating through the Home Office's complex and ever-changing immigration rules and guidance can leave you frustrated. Our dedicated business immigration lawyers are always on top of the UK's immigration laws, rules and guidance. Our solicitors & barristers can manage your sponsor licence, business, work and student visa applications, helping to ensure success. The Points Based System was introduced in 2008 and heavily reformed in 2020. It is based on employers applying to the Home Office (UK Visas & Immigration) for a Sponsor Licence and becoming registered sponsors. Once a business is a licenced sponsor, it will be added to the Home Office’s register of sponsors and it can then [allocate Certificate of Sponsorships (CoS)](https://immigrationandvisasolicitors.co.uk/sponsorship-management-system-sms/) to non-settled workers enabling them to work in the UK in skilled employment. As at the beginning of 2016, Home Office statistics confirm that there are over 29,000 registered Sponsors all able to directly hire migrant workers. This is the only method of hiring non-settled workers in the UK and the Home Office have strict policies in place when considering whether a business should be granted a Sponsor Licence. [Our immigration lawyers](/our-uk-immigration-lawyers-london/) have extensive experience in preparing Sponsor Licence applications for businesses/employers regardless of whether the employer is a start-up or large enterprise. Once a business has been granted a [Sponsor Licence](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/), it will have access to the Sponsorship Management System (SMS). This online tool allows Sponsors’ to assign a CoS to migrants who wish to come to or stay in the UK. As a Sponsor, the SMS allows you to fulfil reporting duties for sponsored migrants. [Our business immigration solicitors are regularly instructed](https://immigrationandvisasolicitors.co.uk/success/) by businesses to undertake the functions of a Level 1 User and essentially undertake the businesses day-to-day sponsorship activities. This includes assigning CoS to migrants, applying for and assigning restricted CoS and [renewing sponsor licences](https://web.archive.org/web/20170218045735/https://immigrationandvisasolicitors.co.uk/renew-sponsor-licence/). To avoid civil and criminal liabilities, all employers regardless of whether they are a [licenced sponsor](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) or not must understand who can work in the UK without permission. If a business is found to be employing workers who do not have the correct permission to work in the UK or who have restrictions on how many hours they can work, it will be penalised by the Home Office who have the power to impose a range of penalties. Our business immigration team are regularly instructed by organisations who have received notice from the Home Office of a possible sanction. If you have been issued with a civil penalty/fine for employing illegal migrants, our expert immigration solicitors can consider your options with you including whether the penalty can be challenged or reduced. If you receive a Civil Penalty Notice and you want to object, you will be given 28 days from the date given in your notice to do so. Our expert immigration team have considerable experience in preparing detailed representations objecting to the issuance of a penalty and/or the amount which is due under the penalty. The UK is one of the leading business locations in the world; its proximity to Europe makes it a natural choice to locate for investors coming from outside the EU and it is home to London, the world’s leading financial centre. The UK’s Points-Based System caters for those wishing to invest in a business in the UK by way of a Tier 1 Investor visa. If you are a high net worth individual who wishes to come to the UK on a Tier 1 Investor visa, our expert business immigration team can assist you with your queries and assist you in the preparation of an application to the Home Office. We can guide you step by step and ensure that you submit a properly executed application with the requisite documents which confirm that you meet all the requirements of the relevant Immigration Rules. The Tier 1 Investor visa category of the Points-Based System is open to those migrants who wish to make a substantial financial investment in the UK. This route is attractive due to the fact that applicants do not need to show evidence of maintenance nor demonstrate that they meet the English language requirements. This route demonstrates the UK government’s desire to attract high net worth individuals to make substantial investments in the UK. The UK is one of the leading business locations in the world; its proximity to Europe makes it a natural choice to locate for entrepreneurs coming from outside the EU and it is home to London, the world’s leading financial centre. The UK’s Points-Based System caters for those wishing to invest in a business in the UK by way of a Start-up or Innovator Visa (Previously the Tier 1 Entrepreneur and Tier 1 Graduate Entrepreneur routes). If you are a high net worth individual who wishes to come to the UK on a Start-up or Innovator visa, our expert business immigration team can assist you with your queries and assist you in obtaining an endorsement and the preparation of the visa application. We can guide you step by step and ensure that you submit a properly executed application with the requisite documents which confirm that you meet all the requirements under Appendix W: Immigration Rules for Workers. The Skilled Worker route has replaced the Tier 2 visa route of the Points Based System. This route is for migrants (including EEA nationals from 1 January 2021) wishing to work in the UK and it covers skilled workers with a job offer from a UK based employer. Migrants wishing to work in the UK must have a Certificate of Sponsorship from a UK Home Office licensed sponsor before they make their visa application. Our expert immigration lawyers are regularly instructed by migrants wishing to work in the UK under the sponsored skilled worker routes as is evident by [testimonials left by our clients](https://immigrationandvisasolicitors.co.uk/success/). Under this route, you are able to bring your [dependants](https://immigrationandvisasolicitors.co.uk/points-based-system-dependant/) with you or if they are already in the UK under an existing leave, they may be able to apply to switch to a visa as your dependent. Our team are ready to meet with you to consider whether you meet the eligibility requirements to apply from abroad or in the UK and once instructed will liaise with you in preparing your visa application with the requisite supporting documentation. The Student and Child Student categories under the Immigration Rules Appendix ST: Student and Appendix CS: Child Student are for those international students (including EEA nationals from 1 January 2021) who wish to come to the UK to study and experience life and culture in the UK. There are two categories;  Student which is for students coming to the UK for post-16 education and Child Student which is for children between 4 and 17 years old coming to the UK for their education. Child Students can only study at independent schools. Our expert team of immigration solicitors can assist you with the preparation of your visa application and ensure that you meet with all the requirements under this category of the Points-Based System. We can ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding the unnecessary expense of resubmitting your application to the Home Office. After you have lived legally in the UK for a certain length of time, you may be able to apply for permission to settle in the UK. UK Settlement is also known as ‘Indefinite Leave to Remain’.  If you are currently in the UK, your right to apply for settlement will depend on your current immigration category. Once you are granted ILR, after a certain period of time, you may be eligible to ‘naturalise’ and become a British citizen. Under the Points-Based System, the immigration rules allow for certain visa holders to apply for Indefinite Leave to Remain (ILR) sooner than migrants in other categories. Our immigration solicitors are on hand to advise you on whether you are eligible to apply for ILR and if so when. Our expert immigration lawyers are regularly instructed by migrants wishing to settle permanently in the UK or those who hold ILR and wish to apply for British citizenship. [Our team](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are ready to meet with you to consider whether you meet the eligibility requirements and once instructed will liaise with you in preparing your application with the requisite supporting documentation. The UK’s Immigration Rules and Regulations coupled with the Home Office’s extensive guidance on visa applications can be quite complex to understand. Our [business immigration team](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are routinely instructed by a [business](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/) or [work visa](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) applicants who have had their applications refused either because the Home Office is not satisfied that they meet the requirements or that their applications are not accompanied with the proper documentation. Our immigration solicitors and barristers understand that this can be a very stressful time in a migrants mind especially when they have to consider the impact the refusal will have on their business, work and family life. [Our leading immigration ](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/)experts are well versed with the Immigration Rules to ensure that applications are executed properly and if there are any issues, detailed representations are made to mitigate the circumstances. On the occasions where clients have consulted with our team after their visa has been refused, our immigration team have been able to assess their situation and consider their options relating to challenging a decision by appeal or Administrative Review. In some circumstances, it may be necessary to challenge a decision by way of a Judicial Review (this may more usual for Sponsor Licence applications which were refused unjustly). We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Individual Immigration Source: https://immigrationandvisasolicitors.co.uk/personal-family-spouse-ancestry-article8-appeals-ilr-tribunal-jr-2/ Navigating through the Home Office's complex and ever-changing immigration rules and guidance can leave you frustrated. Our dedicated immigration lawyers are always on top of the UK's immigration laws, rules and guidance. Our immigration solicitors & barristers can manage your visa application to help ensure success. A ‘Family of a Settled Person’ visa or a Spouse visa as it is more commonly known, allows nationals from outside the European Economic Area (EEA) and Switzerland who are married (or in a Civil Partnership) to British nationals or those who hold settled status in the UK to enter or remain in the UK with their partner. If you reside outside the UK and wish to join your husband/wife or civil partner in the UK, you can apply for entry clearance or if you are already in the UK you can make an application to extend your stay in the UK as the ‘family of a settled person’. [Our immigration solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are regularly instructed to assist in the preparation and submission of a spouse/civil partner visa application, either in the UK or abroad. Our team are ready to meet with you in person or via Skype to consider whether you meet the eligibility requirements and once instructed will liaise with you in preparing your visa application with the requisite supporting documentation. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional individual immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. The UK fiancé visa or UK marriage visa permits a person who has settled status in the UK to bring their prospective spouse to the UK with the intention of getting married. The visa is issued for six months, during which time the applicant will need to get married. After the marriage, the applicant can apply for a spouse visa before the expiry of their visa by making an application for further leave to remain from inside the UK, which grants the visa holder conditional permanent resident status and allows them to remain in the UK initially for two years. [Our immigration solicitors are regularly instructed](https://immigrationandvisasolicitors.co.uk/success/) to assist in the preparation of fiancé / marriage visa applications. Our team are ready to meet with you in person or via Skype to consider whether you meet the eligibility requirements and once instructed will liaise with you in preparing your visa application with the requisite supporting documentation. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional individual immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. Our expert team of immigration lawyers routinely assist in the preparation of EEA Family Permits and EEA Residence Cards for family members of EEA nationals. An EEA Family Permit is a document issued to non-EEA family members of EEA nationals; this allows the permit holder to travel to the UK with their EEA national family member or to join them in the UK. You should apply for a family permit ahead of your travel to the UK and it is valid for 6 months. If you wish to continue to reside in the UK with your EEA family member, you must apply for an EEA Residence Card which if granted will allow you to reside in the UK with your EEA national family member for a period of 5 years. The EEA Residence Card will also allow you to work in the UK and help prove you qualify for certain benefits and services. If you wish to join your EEA national family member in the UK or apply to remain in the UK as the family member of an EEA national, our team are ready to meet with you in person or via Skype to consider whether you meet the eligibility requirements. Once [our expert lawyers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are instructed, we will liaise with you in preparing your EEA application with the requisite supporting documentation. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional individual immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. The UK’s Immigration Rules relating to Adult Dependent Relatives allow elderly parents or grandparents of permanent UK residents and British citizens to apply to join their family in the UK. Over the years, the UK government has introduced stringent criteria which you will need to meet in order to make a successful application. The Home Office’s complex guidance in this area confirms that there is an extensive amount of documentary evidence required from applicants to meet the complex requirements for an Adult Dependant Relative visa. [Our immigration solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) can help you prepare an application for an Adult Dependant Relative and have previously assisted clients who have been granted a visa in the first instance. We pride ourselves in providing tailored immigration services for individuals wishing to reunite with their families in the UK and are on hand to analyse your case to consider the merits of such an application. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional individual immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. The UK is ranked as one of the top ten destinations in the world whilst London has the most international visitors of any city in the world. The UK government recognises the importance of tourism to the British economy and offers the Standard Visitor visa for those wishing to visit the UK for leisure, business or other reasons. [Our expert immigration team of solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are ready to meet with you in person or via Skype to consider whether you meet the eligibility requirements. Our lawyers often consult with clients who have had their visit visa refused in the past due to their lack of understanding of the immigration rules and what documentation is required for a visit visa application. There is a very limited right to appeal so it is advisable to consult with a qualified immigration solicitor to ensure that you submit a properly executed visit visa application. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional individual immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. The UK Immigration Rules are designed to cover the vast majority of circumstances in which you could be granted leave to remain because you are entitled to remain in the UK. However, there are also provisions for those who do not fit into a specific category and may allow some migrants to apply for leave to remain in the UK in exceptional circumstances. Article 8 of the ECHR is one of the most important of the Convention rights. It provides the right to respect for four protected areas namely, private life, family life, home and correspondence. Our expert immigration solicitors and barristers have represented many clients who are unable to leave the UK for a variety of reasons such as they face disruption in their family life in the UK or if returned to their country of origin, they face racial, religious or sex discrimination. [Our team of immigration solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) understand the complexity of such applications; the Immigration Rules, policies and Home Office guidance can be somewhat difficult to understand and case law is constantly changing. We have considerable experience of assisting clients in complex situations and understand that there are a number of reasons why a migrant may need to apply for leave to remain outside the Immigration Rules.# We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional individual immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. After you have lived legally in the UK for a certain length of time, you may be able to apply for permission to settle in the UK. The rules for settlement can vary depending on what visa you hold and have previously held. After being granted Permanent Residence or Indefinite Leave to Remain (ILR), you may be able to apply to naturalise as a British citizen thereby obtaining a British passport. Our immigration lawyers have extensive experience in preparing Permanent Residence, ILR and naturalisation applications for applicants as is demonstrated by reviews left by our previous clients. If you wish to discuss your options, [contact](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/) a member of our team today so we can consider your options with you. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional individual immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. The UK’s Immigration Rules and Regulations coupled with the Home Office’s extensive guidance on visa applications can be quite complex to understand. Our individual immigration team are routinely instructed by clients who have had their visa applications refused either because the Home Office is not satisfied that they meet the requirements or that their applications are not accompanied with the proper documentation. [Our immigration solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) understand that this can be a very stressful time in a migrant’s life especially when they have to consider the impact the refusal will have on their business, work and family life. On the occasions where clients have consulted with our team after their visa has been refused, our immigration team have been able to assess their situation and consider their options relating to challenging a decision by appealing to the First-tier Tribunal or thereafter to the Upper Tribunal. In exceptional circumstances, there may also be grounds to challenge the Home Office’s decision by way of a Judicial Review. If you have had a visa application refused and wish to consider your options of challenging the Home Office’s decision, please contact a member of our dedicated immigration team so we can arrange for you to meet with an experienced immigration solicitor who can consider your options with you. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional individual immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. We assist with UK Spouse Visa applications made in the UK or abroad. Our lawyers can meet with you and can consider whether you meet the eligibility requirements. Once instructed we can assist in the preparation of a properly executed visa application. UK Tourist Visit Visa - The UK is one of the world's leading destinations and London has more international visitors than any other world city. The UK recognises the importance of tourism and offers a UK Visit Visa for those wishing to visit for leisure, business or other reasons. Our team of lawyers are regularly instructed in the preparation of EEA Family Permit & EEA Residence Card applications and can guide you on the documents required to submit a successful application. UK Visa Appeals & Judicial Review - We are routinely instructed by clients who have had their visa applications refused and can assist you appealing the decision or challenging it by way of judicial review. We are an expert immigration team made up of solicitors & barristers. We are part of the fastest-growing law firm in the Plimsoll UK Top 500 Solicitors firms of 2016. If you wish to settle in the UK, our expert immigration team can help you apply for Indefinite Leave to Remain (ILR) and later can assist you in an application for naturalisation. --- # Sponsorship License For Educational Providers Source: https://immigrationandvisasolicitors.co.uk/student-sponsor-licence-application/sponsorship-license-for-international-students/ Obtaining a sponsorship license is a crucial step for educational institutions seeking to enhance their global reputation and provide a diverse learning environment.  A sponsorship license allows institutions to sponsor international students under the Tier 4 Student Visa category. This comprehensive guide outlines the requirements, procedures, fees, and timelines associated with acquiring a sponsorship license for educational institutes in the UK. The Tier 4 Student Visa is the primary route for international students to study in the UK. It enables students to study at a licensed educational institution and potentially work part-time during their studies. To qualify for the Tier 4 visa, students must have a valid offer of enrolment from a licensed sponsor institution in the UK. ## Benefits Of Obtaining A Sponsorship Licence - Increased diversity among students - Enhanced global recognition and reputation. - Access to a larger pool of talented students - Improved learning opportunities for all students - Potential for increased revenue from international student fees ## Requirements For Tier 4 Sponsorship License Before applying for a sponsorship license, educational institutes must ensure they meet the following requirements: a) Accreditation: The institution must have the necessary accreditation or recognition from the appropriate educational bodies in the UK. This may include being registered with the Office for Students (OfS), holding a Tier 4 Sponsor license from the Home Office, or meeting specific regional or national accrediting criteria. b) Compliance with Immigration Rules: The institution must have effective systems and processes in place to monitor and track the academic progress, attendance, and immigration status of international students. This ensures compliance with UK immigration rules and responsibilities as a sponsor. c) Financial Stability: Institutions must demonstrate financial stability and have sufficient resources to support sponsored students throughout their studies. This includes covering tuition fees, accommodation, and living costs. d) Physical Infrastructure: The educational institute must possess appropriate physical facilities, including classrooms, libraries, laboratories, and other essential amenities required to deliver quality education. ## Checking Course Eligibility To determine whether your courses qualify for sponsorship, follow these steps: a) Review Accreditation Status: Start by ensuring that your institution holds the necessary accreditation or recognition from relevant educational bodies in the UK. This can be verified through official accreditation directories, institution websites, or by contacting the accrediting bodies directly. b) Level and Duration Assessment: Evaluate the level and duration of each course to confirm if it meets the minimum requirements for student sponsorship. Consider the educational qualifications associated with the course, such as bachelor's, master's, or doctoral degrees, diplomas and confirm that they align with the appropriate level. c) Compliance with Full-Time Study: Check whether the courses are offered on a full-time basis. Review the course structure, contact hours, and any requirements for on-campus attendance to ensure compliance with the full-time study criteria. ## Consultation And Verification To obtain accurate and up-to-date information regarding course eligibility, it is advisable to consult with the UKVI or seek professional advice from immigration experts. They can provide guidance specific to your institution and courses, ensuring compliance with the sponsorship license requirements. a) Contact UKVI: Reach out to the UKVI directly through their official helpline or email contact. Inquire about the specific eligibility criteria for your courses and seek clarification on any doubts or concerns you may have. b) Engage Immigration Experts: Consider engaging the services of immigration experts or solicitors specialising in UK immigration law. They can assess your institution's courses, review the accreditation status, and provide expert advice on the eligibility of the courses for student sponsorship. c) Utilise Online Resources: The UKVI website is a valuable resource for information on student sponsorship. It provides detailed guidelines, policy documents, and updates related to the eligibility criteria for courses. Regularly review the website to stay informed about any changes that may impact course eligibility. ## Documentation And Record-Keeping Maintain comprehensive documentation and records to support the eligibility of your courses for student sponsorship. This may include accreditation certificates, course syllabi, curriculum details, and any other relevant evidence that demonstrates compliance with the sponsorship license requirements. Keeping accurate records is essential for both the initial application process and any potential future audits or reviews by the UKVI. ## Applying For Student Sponsorship License Once the educational institute is confident in meeting the eligibility criteria, it can proceed with the sponsorship license application process. The following steps are involved: a) Application Form: The institute needs to complete the sponsorship license application form available on the UK Visas and Immigration (UKVI) website. This form requires detailed information about the institution, its governance structure, financial viability, and details of key personnel responsible for immigration compliance. b) Supporting Documents: The application must be accompanied by supporting documents, such as proof of accreditation or recognition, financial statements, bank statements, premises documentation, and any other relevant evidence to demonstrate compliance with the eligibility requirements. c) Assessment of Suitability: UKVI will assess the application and may conduct additional checks, such as site visits or interviews with key personnel. The aim is to ensure the institution is capable of fulfilling its responsibilities as a Tier 4 sponsor. d) Application Fee: The sponsorship license application incurs a fee, which is subject to change. The current fee can be found on the UKVI website. It is essential to pay the fee online and retain the payment receipt for future reference. ## Post-License Approval Process Upon successful approval of the sponsorship license, educational institutes can proceed with issuing Confirmation of Acceptance for Studies (CAS) to prospective international students. The CAS is a unique reference number provided by the institution to the student, allowing them to apply for the Tier 4 Student Visa. ## UKVI Tier 4 Sponsorship Guidelines As a licensed sponsor, educational institutes have specific responsibilities towards their sponsored students, including: a) Issuing CAS: Providing timely and accurate CAS to eligible students who have met the admission requirements. b) Monitoring and Reporting: Regularly monitoring students' attendance, academic progress, and adherence to immigration rules. Institutions must report any changes in the students' circumstances, such as changes in enrolment status, address, or contact details, to the UKVI. c) Compliance with Reporting Duties: Educational institutes must comply with reporting duties, such as reporting non-attendance, withdrawal, or completion of studies, to the UKVI within specified timeframes. d) Record Keeping: Maintaining accurate records of sponsored students, including their personal information, immigration status, academic progress, and attendance records. These records must be kept up-to-date and readily accessible for UKVI inspections. e) Reporting Obligations: Reporting any significant changes or events that may affect the institution's sponsorship status, such as changes in ownership, governance, financial circumstances, or the closure of the institution. f) Immigration Compliance: Ensuring that sponsored students adhere to their immigration conditions, such as attending the registered institution, complying with work restrictions, and reporting any changes in circumstances. g) Compliance Audits: Being prepared for periodic compliance audits conducted by the UKVI to assess the institution's adherence to sponsorship duties and immigration rules. ## Fees And Timelines It is important to consider the fees and timelines associated with the sponsorship license application process. While the specific fees and processing times may vary, the following estimates provide a general idea: a) Application Fee: As mentioned earlier, the sponsorship license application fee is subject to change. The current fee as found on the UKVI website is 536 pounds. b) Processing Time: The processing time for a sponsorship license application can vary from several weeks to a few months, depending on the complexity of the case and the workload of the UKVI. It is advisable to submit the application well in advance to allow for sufficient processing time. c) License Validity and Renewal: A sponsorship license is typically granted for a period of four years. However, educational institutions must ensure they meet ongoing compliance requirements to maintain their license. Renewal applications should be submitted well before the expiration of the current license. For first time applicants, the license is issued only for the first year on probationary terms and after the due diligence by UKVI, it is further extended. ## Judicial Review In The Context Of Student Sponsorship License Judicial review is a legal process that allows individuals or organisations to challenge the lawfulness of decisions made by public bodies, such as the UK Visas and Immigration (UKVI), in the context of student sponsorship license applications. If an educational institute believes that the decision made by the UKVI regarding their sponsorship license application is incorrect or unfair, they may choose to seek a judicial review. ## Pros Of Pursuing Judicial Review a) Independent Assessment: Judicial review offers an opportunity for an independent and impartial assessment of the decision made by the UKVI. It allows the educational institute to present their case before a judge who will review the decision-making process and assess its legality and fairness. b) Correcting Errors: Judicial review can rectify errors or unlawful decisions made by the UKVI. If the educational institute can provide sufficient evidence to support their claim that the decision was based on incorrect information or violated legal principles, the court may overturn the decision and order a reconsideration. c) Clarity on Legal Interpretation: Pursuing a judicial review can provide clarity on the interpretation of immigration laws and regulations relevant to student sponsorship license applications. The court's decision can set a precedent and influence future decision-making, ensuring consistency and fairness in the application process. d) Protection of Rights: Judicial review safeguards the rights of educational institutes. It allows them to challenge decisions that may have a significant impact on their ability to enroll international students and offer quality education, ensuring fairness and transparency in the process. ## Cons Of Pursuing Judicial Review a) Time and Cost: Judicial review can be a lengthy and expensive process. It requires engaging legal representation, preparing evidence, and attending court hearings. The time and costs involved may pose a significant burden on the educational institute, particularly smaller institutions with limited resources. b) Uncertain Outcome: The outcome of a judicial review is uncertain, as it ultimately depends on the judge's interpretation of the law and the evidence presented. There is no guarantee that the court will overturn the decision or rule in favour of the educational institute. This uncertainty can create additional stress and anxiety during the process. c) Strained Relationships: Pursuing a judicial review may strain the relationship between the educational institute and the UKVI. It can potentially create a contentious environment, which may impact future interactions with the UKVI for other immigration-related matters. d) Delayed Resolution: Judicial reviews can prolong the resolution of the sponsorship license issue. The court process can add further delays to an already time-sensitive matter, potentially affecting the institute's ability to enrol international students within the desired timeframe. ## Considering Alternatives Before embarking on a judicial review, it is advisable for educational institutes to explore alternative options for resolution. This may include engaging in constructive dialogue with the UKVI, seeking clarification on the decision, or providing additional supporting evidence to address any concerns raised during the application process. ## Conclusion Obtaining a sponsorship license is a significant undertaking for educational institutes in the UK seeking to enrol international students. It involves meeting specific eligibility criteria, submitting a comprehensive application, and fulfilling ongoing sponsorship duties. By understanding the requirements, following the correct procedures, and maintaining compliance, educational institutions can successfully attain and retain their sponsorship license, enabling them to attract and support international students in their pursuit of education in the United Kingdom. ## Expert Immigration Solicitors For Sponsorship License Our immigration lawyers have extensive experience in preparing sponsorship license applications. Our immigration team can offer the following service: - Consultation with an immigration lawyer who can advise on the eligibility criteria of such an application; - Provide the applicant with a bespoke supporting documents list which will assist them in collating documents required for the application; - Prepare the relevant application form and detailed legal representations to accompany the application form and; - If required (and available) accompany the applicant to the visa centre so they can submit the application in person and in most circumstances, receive a decision on the same day. We are an [Immigration law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Naturalisation (Form AN application) Source: https://immigrationandvisasolicitors.co.uk/best-naturalisation-visa-lawyers-london-immigration/ British citizenship is more than a legal status—it symbolises full integration into life in the United Kingdom. For individuals who have made the UK their permanent home, naturalisation offers a secure, long-term future with the full rights and responsibilities of a British national. This page explains the eligibility requirements, the naturalisation process, and how to ensure your application is complete and compliant under current Home Office guidance. --- ## What Is Naturalisation? Naturalisation is the process by which a non-British adult becomes a British citizen. Governed by the **[British Nationality Act 1981](https://www.legislation.gov.uk/ukpga/1981/61)**, it allows eligible applicants to apply for citizenship by meeting certain legal, residence, and character requirements. Applicants may apply: - In their own right, based on length of residence in the UK and immigration status - As the spouse or civil partner of a British citizen A successful application results in the grant of British citizenship, allowing the individual to obtain a British passport and enjoy all the rights of a UK national, including voting and the ability to pass citizenship to children. --- ## Eligibility Criteria ### General Naturalisation (Own Right) To apply for naturalisation independently, you must meet the following core requirements: - **Age**: You must be at least 18 years old - **Lawful residence**: You must have lived in the UK for at least 5 continuous years before the date of your application - **Settled status**: You must hold Indefinite Leave to Remain (ILR) or settled status under the EU Settlement Scheme, and have held that status for at least 12 months - **Time outside the UK**: You must not have been absent from the UK for more than: **450 days** during the 5-year period, and - **90 days** in the 12 months before applying - **Presence in the UK**: You must have been physically present in the UK exactly 5 years before the date the Home Office receives your application - **Language & knowledge**: You must pass the Life in the UK Test and satisfy the English language requirement - **Good character**: You must be of good character (see below) ### Naturalisation as a Spouse or Civil Partner of a British Citizen You may apply under this route if you are married to or in a civil partnership with a British citizen. The requirements differ slightly: - **Residence**: You must have lived in the UK for at least 3 continuous years - **Immigration status**: You must hold ILR, settled status, or indefinite leave to enter - **Absences**: You must not have been absent from the UK for more than: **270 days** during the 3-year period, and - **90 days** in the 12 months before applying - **Presence in the UK**: You must have been in the UK exactly 3 years before your application is received - **Language & knowledge**: You must meet the English language and Life in the UK Test requirements - **Good character**: As with all routes, you must be of good character Note: Unlike the general route, the 12-month waiting period after obtaining ILR does not apply if you are applying as a spouse or civil partner of a British citizen. --- ## Understanding the Good Character Requirement All naturalisation applicants must demonstrate good character. Although the term is not defined in legislation, the Home Office provides detailed guidance on how it is assessed. Relevant factors include: - **Criminal convictions**: Both UK and overseas convictions are considered. Certain offences may result in automatic refusal. - **Compliance with immigration law**: Overstaying, illegal entry, or failure to comply with visa conditions may affect your application. - **Financial responsibility**: Bankruptcy, unpaid taxes, or fraud may be taken into account. - **Honesty and disclosure**: All relevant facts, including minor offences (such as traffic penalties), should be disclosed. Failure to do so may be treated as deception. Each case is assessed on its individual merits. It is strongly recommended to seek legal advice if your circumstances include any issues that may affect your good character assessment. --- ## English Language and Life in the UK Requirements To naturalise, applicants must prove they have: - **Sufficient knowledge of English**, Welsh, or Scottish Gaelic. This is usually demonstrated by passing a minimum of an approved [B1-level speaking and listening test](https://www.gov.uk/english-language), or holding an academic qualification taught in English. - **Passed the Life in the UK Test**, which evaluates knowledge of British history, traditions, and values (exempt for certain age groups). ### Exemptions: You may be exempt from these requirements if: - You are aged **65 or over**, or - You have a **long-term physical or mental condition** that prevents you from meeting them (with supporting medical evidence) --- ## Application Process (Form AN) - **Complete Form AN** online or via paper form (most applicants apply online) - **Prepare and submit your documents**, including: Passport or travel ID - ILR or settled status proof - Proof of residence and absences - Marriage certificate (if applicable) - Life in the UK Test and English language evidence - **Pay the application fee** (currently £1,735 including the citizenship ceremony) - **Provide biometrics** at a UKVCAS appointment - **Wait for a decision** (usually within 6 months) - **Attend a citizenship ceremony** if approved, where you receive your certificate of naturalisation --- ## What Are the Benefits of Naturalisation? Naturalisation grants full British citizenship, which includes: - The right to a British passport - Freedom to live, work, and study in the UK permanently - Access to public services and healthcare - The right to vote and stand for public office - The ability to pass citizenship to your children, even if born abroad --- ## How We Can Help Naturalisation is a significant legal process that requires precision, honesty, and supporting documentation. At LEXVISA, our specialist immigration solicitors can: - Assess your eligibility - Identify and address any potential complications - Prepare and submit your application to the highest standard - Provide representation and correspondence with the Home Office - Support you through the entire process, including citizenship ceremony guidance Whether you are applying independently or through a family connection, our expert legal team can help you achieve British citizenship with confidence and clarity. [Contact us](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) on 0203 011 0276 or via our [Contact Form](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) to book a consultation in person, by phone, or online. --- ## Frequently Asked Questions (FAQs) **How long must I live in the UK before I can apply for citizenship?** Usually 5 years if applying in your own right, or 3 years if married to a British citizen. **Do I have to wait 12 months after getting ILR?** Yes, unless you are applying as a spouse or civil partner of a British citizen. **Can I include my children in my application?** No, children must apply separately for registration as British citizens. **Can I travel abroad after applying?** Yes, but you must ensure your absences don’t exceed the permitted limits. ## Conclusion Naturalisation in the UK, whether pursued in your own right or as the spouse of a British citizen, is a significant step towards fully integrating into British society. By understanding the eligibility criteria, application process, and benefits associated with each option, you can make informed decisions and embark on a successful journey towards becoming a British citizen. Remember to meticulously prepare your application, gather the required documents, and demonstrate your commitment to the UK's values to increase your chances of a successful outcome. ## Instruct Our Expert Immigration Solicitors Naturalisation can be a complex and challenging process. However, with the right legal guidance and support, it is possible to achieve a successful outcome in a remarkably short period of time. As experienced immigration solicitors, we at [LEXVISA ](https://immigrationandvisasolicitors.co.uk/)are committed to helping clients to achieve their goal of becoming a UK national. We understand the challenges of the application process and can guide you through every step, from completing the application form to gathering the necessary documents, attending appointments, and liaising with the Home Office. Our expert immigration team are regularly instructed to assist in the preparation of naturalisation applications and in some cases are instructed to attend same day visa appointments at one of the Premium Centre’s in the UK. Our team offer some of the following services: - Consultation with an experienced immigration solicitor who can advise on whether you meet the eligibility requirements; - Tailored legal advice which will assist you in collating the documents required for an application; and - Preparation of online/paper visa application forms and legal representations. If you wish to have your documents checked by an expert immigration solicitor, please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so we can explore your options. We are a UK law firm based in Middle Temple, London and our solicitors are fully authorised by the Solicitors Regulation Authority (SRA). [Contact our professional personal immigration team today](https://immigrationandvisasolicitors.co.uk/contact-us/) and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our Contact Form or give us a call on 02030110276. --- # Business visas for Chinese nationals Source: https://immigrationandvisasolicitors.co.uk/visas-chinese-nationals/ In the midst of the UK’s [hostile environment](https://immigrationandvisasolicitors.co.uk/?s=hostile+environment) towards migrants, the Government has repeatedly insisted that the UK is open to welcoming the “brightest and the best” from across the globe. There has been a lot of emphasis on visas for highly skilled migrants and high net worth individuals from certain regions around the world; specifically China and Hong Kong. LEXVISA regularly assists Chinese nationals successfully applying for UK Business Visas and are able to advise applicants on a number of available options during an initial consultation which can be held over telephone or video call for international clients. Our Immigration Solicitors in London are experts in business immigration applications and offer a bespoke service to suit the needs of busy individuals who are looking to invest in the UK, therefore contact a member of our team today to find out more about our services and how we can assist in getting a UK Business Visa for Chinese nationals. ## What is the Tier 1 Investor Visas for Chinese Nationals? The [Tier 1 Investor Visa](https://immigrationandvisasolicitors.co.uk/tier-1-investor-best-lawyer-london/) is a Points Based System application which is available to high net worth Chinese nationals who wish to invest a minimum of £2 million in the UK. Successful Tier 1 Investor applicants will be granted a visa for 3 years and 4 months and this visa allows for settlement after the usual 5 years as well as an accelerated settlement after 2 or 3 years depending on the size of the investment. The main requirements are outlined as follows: - Applicants must be 18 or over and have good character; - Applicants must have opened a UK bank account; - Applicants must hold and have control of at least £2 million (“the investment amount”). The investment amount must be held in one or more regulated financial institutions and freely available for investment in the UK; - Applicants must be able to prove that the investment amount is from a legitimate source; - There is no maintenance or an English language requirement for this application; and - Dependents may also apply to join the main applicant. In recent years there has been a huge crackdown on the Tier 1 Investor Visa in order to stop money laundering. In light of this, it is extremely important that Chinese investors are able to provide adequate evidence to prove the legitimate source of the investment amount. Our Immigration Solicitors in London give our Chinese investor visa clients a bespoke documents list tailored to this specific Immigration Rules and individual’s circumstances in order to make sure the correct documents are submitted. We also conduct a thorough and comprehensive review of these documents before the application and documents are submitted to the Home Office. ## What is the Start-up/Innovator Visa for Chinese Nationals? The Start-up and Innovator Visa applications are made in accordance with [Appendix Start-up](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-start-up) and [Appendix Innovator](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-innovator) to the Immigration Rules and were introduced to replace the Tier 1 Entrepreneur and Tier 1 Graduate Entrepreneur Visa routes. The Start-up and Innovator Visas allow Chinese nationals looking to set up and establish a business presence in the UK or take over an existing business. Dependent family members may also apply to enter with or join the main applicant in the UK. Unlike the former Tier 1 Entrepreneur category, Applicants do not need to get a certain number of points; however, an [endorsement](https://immigrationandvisasolicitors.co.uk/endorsement-requirement-start-up-innovator-visa/) must first be secured in order to successfully make the visa application to the Home Office. A list of the endorsement bodies can be found directly on the Home Office website for [Start-up](https://www.gov.uk/government/publications/endorsing-bodies-start-up/start-up) and [Innovator](https://www.gov.uk/government/publications/endorsing-bodies-innovator/innovator-endorsing-bodies) visas. Unlike the Tier 1 Investor visa and previous Tier 1 Entrepreneur routes, Chinese nationals applying for the [Start-up visa](https://immigrationandvisasolicitors.co.uk/perks-applying-tier-1-start-up-visa/) do not need to invest in the business immediately, but it is essential that they present a well-prepared business plan. Many Applicants fail as they cannot adequately pass the genuine entrepreneur test; however, our business immigration solicitors in London have affiliations who can help prepare a strong business plan, which is the first step in being able to secure the Start-up visa. The Start-up visa is granted for a period of 2 years and there is no route to settlement. However, Chinese nationals who have the Start-up visa can switch into the Innovator visa towards the end of their visa period. The [Innovator visa](https://immigrationandvisasolicitors.co.uk/business-visa-update-tier-1-innovator-visa-route-up-and-running/) is for more experienced Chinese business people and requires an investment of at least £50,000. To secure an endorsement, Applicants must meet the innovation, viability and scalability requirements along with the maintenance requirement, English language requirement and suitability requirements. Chinese innovators can apply for extensions of their visa and may apply for settlement after 5 years. ## What is the Sole Representative Visa for Chinese Nationals? Chinese nationals who have an existing company registered outside the UK may be able to open a branch or subsidiary in the UK and appoint a senior member of staff to work in the UK on a [Sole Representative Visa](https://immigrationandvisasolicitors.co.uk/sole-representative-visa/). Other key requirements for this visa include: - The company must have been operating for at least 12 months outside the UK and must be a genuine business; - The full-time employee must receive a proper basic salary; - Adequate maintenance and accommodation must be met; - There is an English language requirement which must be met; - The Employee must spend a minimum of 9 months per year in the UK or no less than 4 months per year if the absence can be justified by proof of genuine business needs and interests; and - The visa application must be made from outside the UK. The Sole Representative visa can also lead to settlement in the UK. ## What is Skilled Worker Visa for Chinese Nationals? The Skilled Worker visa replaced the [Tier 2](https://immigrationandvisasolicitors.co.uk/best-talents-tier-2-work-visa-application/) categories, and is a popular visa option for highly skilled Chinese workers who wish to work in the UK and requires sponsorship from a Home Office approved[ sponsor](https://immigrationandvisasolicitors.co.uk/tier-2-sponsor-licence-application/). The Skilled Worker Visa is a Points Based System application and Applicants, therefore, need to acquire a total of 70 points in order for their application to be successful. This includes: - ***20 mandatory points for sponsorship*** - Applicants must provide a valid Cos from an A-rated Sponsor; - ***20 mandatory points for a job at the appropriate skill level*** - Applicants must be offered a job listed in [Appendix Skilled Occupations](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-skilled-occupations); - ***20 tradable points for salary*** - The Applicant's salary must be at least the minimum salary requirement of £25,600 per annum and also in excess of the going rate for that occupation; - ***10 mandary points for English language ****-* Applicants must meet a minimum level of CEFR level B1 in reading, writing, speaking and listening or have an academic qualification that was taught in English. Chinese nationals who were in the UK as a student (formerly the Tier 4 (General) route) can apply to [switch](https://immigrationandvisasolicitors.co.uk/tier-4-student-switch-tier-2-general-work-visa/) into the Skilled Worker category from within the UK and can apply for a visa duration of up to 5 years and 14 days either in one go or through extensions. Applicants are able to apply for settlement or switch into other visa categories from within the UK.  Family members of the main applicant may also apply under the rules and policy [guidance](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/939942/dep-family-work-routes-v1.0.pdf) for Dependent family members in work routes. ## What are the UK Settlement options for Chinese Nationals? All of the above visas (with the exception of the Start-up visa) lead to indefinite leave to remain (settlement) in the UK. There are various benefits in holding indefinite leave to remain status in the UK such as having no time restriction on how long you can remain in the UK and you will not be required your extend their visa every 30 months.  This will allow Chinese nationals to save money on Home Office applications fees and the Immigration Health Surcharge payments. More importantly, applicants will not be required to repeat the daunting application process. After holding indefinite leave to remain for 12 months; Chinese nationals can apply for British nationality under the [British Nationality Act 1981](http://www.legislation.gov.uk/ukpga/1981/61). ## Using our Immigration Solicitors in London to submit a UK Business Visa application for Chinese Nationals [Legal representatives](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/), such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Business Visa application for Chinese Nationals. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Business Visa application for Chinese Nationals succeeds, all necessary documents must be provided. Our immigration solicitors in London are able to assist you throughout the entire visa process. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative; our immigration solicitors in London can help ensure that your UK Business Visa application for Chinese Nationals meets the Immigration Rules. ## Successfully apply for a UK Business Visa for Chinese Nationals [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/http://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. Our immigration solicitors in London offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Business Visa application for Chinese Nationals before your matter even reaches the Home Office UK Visa & Immigration department. Our immigration solicitors in London can assist you with the preparation and submission of your application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful UK Business Visa application for Chinese Nationals. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://immigrationandvisasolicitors.co.uk/contact-us/). --- # UK Skilled Worker Visa Guide Source: https://immigrationandvisasolicitors.co.uk/apply-new-skilled-worker-visa-2020-immigration-lawyers-london/ *The United Kingdom has undergone significant changes in its immigration landscape, particularly with the introduction of the UK Skilled Worker Visa, which replaced the Tier 2 visa at the end of 2020. This visa opens doors for international workers possessing essential skills, allowing them to contribute to the UK's workforce. In this article, we delve into the intricacies of the UK Skilled Worker Visa, shedding light on eligibility criteria, requirements, and recent updates in immigration laws, specifically the impending increase in the minimum salary threshold.* ## Understanding the UK Skilled Worker Visa The UK Skilled Worker Visa is a long-term work visa designed for individuals with skills at RQF Level 3 or above, equivalent to A-level qualifications in the UK. The visa, initially granted for up to five years, requires applicants to have a job offer from a licensed UK employer. Notably, the scheme allows for visa extension and, after five years, provides a pathway to[ indefinite leave to remain ("ILR") and British citizenship](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/). ### Advantages Over the Previous Tier 2 Visa The introduction of the Skilled Worker Visa brought several key benefits and differences compared to its predecessor, the Tier 2 (General) work visa: - **Lowered Skill Level Requirement:** The skill level requirement decreased from RQF level 6 to RQF level 3, expanding the scope of eligible occupations. - **Reduced Minimum Salary Requirement:** The minimum salary requirement dropped from £30,000 to £26,200, making it more accessible for a broader range of skilled workers. - **Open to New Market Entrants:** Recent graduates and new market entrants can now apply under this route. - **No Cap on Visa Numbers:** Unlike the previous system, there is no cap on the number of Skilled Worker visas available, making it more accessible. - **No Resident Labour Market Test (RLMT):** The removal of RLMT streamlines the recruitment process for skilled overseas workers. - **Elimination of Cooling-off Period:** Previously, international workers had to wait a year before applying for a new work visa upon leaving the UK; this restriction no longer applies. ## UK Skilled Worker Visa Eligibility and Requirements To be eligible for the Skilled Worker Visa, applicants must fulfill several criteria: - **Job Offer from a UK Employer:** A valid job offer from a licensed UK employer is a prerequisite. - **[Licensed Sponsorship](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/):** The employer must be on the list of licensed sponsors approved by the Home Office. - **[Certificate of Sponsorship ("CoS")](https://immigrationandvisasolicitors.co.uk/immigration-glossary/):** A valid CoS from the UK employer is essential for the application. - **Occupation Eligibility:** The job must be on the list of eligible occupations, and applicants must meet the skill level requirement of at least RQF level 3. - **Minimum Salary Requirements:** The current minimum salary is £26,200 per year, with an upcoming increase to £38,700 in spring 2024 (excluding healthcare workers). - **English Language Proficiency:** Applicants must demonstrate sufficient knowledge of the English language. - **Financial Support:** A minimum of £1,270 in the bank account is required to support oneself in the UK. ## Changes to Minimum Salary Requirements One significant change on the horizon is the [increase in the minimum salary for a skilled worker visa from £26,200 to £38,700 per year starting in the spring of 2024](https://immigrationandvisasolicitors.co.uk/uk-immigration-overhaul-key-changes-announced-by-home-secretary-james-cleverly/). Notably, healthcare workers will be exempt from this increase. Exceptions to the minimum salary requirement remain for certain situations, such as shortage occupations or individuals under 26, studying, recent graduates, or those with specific qualifications. It's crucial to stay informed about these changes, especially if you are planning to apply for a UK Skilled Worker Visa in the coming months. ## How to Apply for a UK Skilled Worker Visa The application process involves several steps: - **Check Eligibility:** Ensure you meet the eligibility criteria for a Skilled Worker Visa. - **Secure a Job Offer:** Obtain a job offer from a licensed sponsor in the UK. - **Certificate of Sponsorship:** Receive a valid CoS from your UK employer. - **Document Preparation:** Gather the required documents to prove your eligibility. - **Online Application:** Complete the online application form on the Home Office website. - **Fees and Biometrics:** Pay the application fee, biometric fee, and healthcare surcharge. Attend a biometric appointment. - **Decision Time:** Expect a decision within three weeks of application submission. ## Changing Employers and Visa Extensions If you wish to change employers on a Skilled Worker Visa, a new visa application is necessary. This holds true for changing occupations, occupation codes, or moving from a shortage occupation to a non-listed one. Extensions are possible if staying with the same employer and occupation. Read more in our dedicated article [here](https://immigrationandvisasolicitors.co.uk/success-story-skilled-worker-switching-job-codes-under-new-employment/). ## Skilled Worker Visa to ILR One notable advantage of the Skilled Worker Visa is the pathway to Indefinite Leave to Remain ("ILR") after five years. This grants permanent residency, exempting individuals from further visa applications and the [immigration healthcare surcharge](https://immigrationandvisasolicitors.co.uk/uk-immigration-health-surcharge-and-refunds/). To qualify for ILR, applicants must meet continuous residence requirements and provide evidence of English language skills, employment continuity, and adherence to minimum salary requirements. ## Conclusion In conclusion, the UK Skilled Worker Visa offers a viable avenue for skilled workers to contribute to the UK's workforce. However, with impending changes to the minimum salary threshold in 2024, applicants need to stay abreast of the latest developments in immigration laws. Seek professional advice to navigate the complexities of the application process and ensure a smooth transition to permanent residency if that's your ultimate goal. ## Successfully submit a Skilled Worker visa application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a skilled worker visa application and ensure that you meet all the requirements under the Immigration Rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Global Talent endorsement review. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://immigrationandvisasolicitors.co.uk/contact-us/) --- # Understanding 10-Year Re-entry Bans in the UK Source: https://immigrationandvisasolicitors.co.uk/personal-family-spouse-ancestry-article8-appeals-ilr-tribunal-jr-2/understanding-10-year-re-entry-bans-in-the-uk/ *Welcome to our comprehensive guide on 10-year Re-entry bans in the UK for immigration. As a leading UK-based law firm, we aim to provide clear and detailed information to help individuals understand the implications and navigate the complexities of Re-entry bans. Whether you are facing a potential ban or seeking information on behalf of a client or loved one, this guide will serve as a valuable resource.* ## What Is A 10-Year Re-entry Ban? A 10-year Re-entry ban is a significant legal restriction imposed by the UK immigration authorities that prohibits an individual from entering the country for a period of 10 years. It is a severe consequence for immigration failures or breaches of immigration laws. Under the UK immigration system, individuals who have committed certain offenses or have a history of non-compliance may be subject to this ban. ## Reasons For Imposing 10-Year Re-entry Bans Immigration failures can occur due to various reasons, including incomplete or inaccurate documentation, failure to meet eligibility criteria, or visa refusals. The consequences of such failures can be far-reaching, potentially resulting in a 10-year ban and presenting significant challenges for individuals and their families. Some reasons for the ban are explained below: **Visa Overstays:** One common reason for a 10-year Re-entry ban is overstaying a visa. When an individual remains in the UK beyond the authorised period, they violate immigration rules and may face severe consequences, including a ban on Re-entry. Example: John, a non-EEA national, overstayed his student visa by two years. As a result, he received a 10-year Re-entry ban, preventing him from returning to the UK. **Illegal Entry:** Individuals who enter the UK illegally, such as through unauthorised means or without proper documentation, can also be subject to a 10-year ban. This includes cases of clandestine entry or using fraudulent documents. Example: Maria was apprehended while attempting to enter the UK via a hidden compartment in a truck. Her illegal entry led to a 10-year Re-entry ban. **Criminal Convictions:** Serious criminal offenses, especially those related to national security, can result in a 10-year Re-entry ban. Convictions for crimes such as drug trafficking, terrorism, or organised crime can have severe immigration consequences. Example: Ahmed, who was convicted for involvement in a terrorist organisation, received a 10-year Re-entry ban due to the nature of his offense. **Deception or Fraud:** Providing false information, submitting fraudulent documents, or engaging in deception during the immigration process can lead to a 10-year ban. This includes misrepresentation of qualifications, financial status, or personal circumstances. Example: Sarah, to secure a work visa, submitted counterfeit employment documents. Her fraudulent actions resulted in a 10-year Re-entry ban. **Previous Immigration Offenses:** Individuals who have a history of immigration violations, such as multiple visa overstays, previous removals, or breaches of immigration conditions, may face a 10-year ban as a deterrent against further non-compliance. Example: Robert, who had been previously removed from the UK for overstaying his visa, was subsequently banned from re-entering for 10 years. ## Consequences Of A 10-Year Re-entry Ban A 10-year Re-entry ban has significant consequences that can impact various aspects of an individual's life: **Travel Restrictions:** Individuals with a 10-year ban are prohibited from entering the UK for any purpose, including work, study, or visiting family and friends. This restriction remains in place for the entire duration of the ban. **Employment and Education:** The ban can severely impact employment opportunities, as individuals are unable to work legally in the UK during the ban period. It can also hinder educational pursuits, including attending universities or pursuing professional development courses. **Family and Personal Life:** Maintaining family relationships can be challenging, as individuals with a Re-entry ban may be separated from their family members residing in the UK. Family visits and the ability to participate in important family events are also restricted. **Exceptions and Waivers: **While a 10-year Re-entry ban is generally applied strictly, there are certain exceptions and waivers available in specific circumstances: **Human Rights Considerations:** Individuals may have grounds to challenge the ban on human rights grounds, particularly if it violates their right to family and private life. This can include cases involving British citizen family members, dependent children, or long-term relationships. **Appeals and Reconsideration:** It is possible to appeal the imposition of a 10-year ban or request reconsideration based on compelling and compassionate circumstances. This involves presenting a strong case supported by relevant evidence and legal arguments. ## Seeking Legal Assistance Navigating the complexities of a 10-year Re-entry ban requires expert legal guidance. It is crucial to consult an experienced immigration lawyer who can provide tailored advice and support throughout the process. A knowledgeable legal professional can assess the individual's circumstances, analyse the available options, and represent their interests effectively. ## Navigating The Re-entry Ban Process To navigate the Re-entry ban process effectively, individuals should consider the following steps: **Understanding Timelines:** Familiarise yourself with the duration of the ban and any relevant timeframes for appeals or reconsideration. **Document Preparation:** Collect and organise all relevant documents and evidence to support your case, including evidence of family ties, personal circumstances, or compassionate reasons for lifting the ban. **Representation and Advocacy:** Engage the services of an experienced immigration lawyer who can advocate on your behalf, guide you through the legal procedures, and present a strong case for reconsideration or appeal. ## Reconsideration And Appeals In some cases, there may be opportunities for reconsideration or appeal. This process requires gathering relevant evidence, preparing a strong case, and submitting an application within the specified timeframe. It is essential to follow the established procedures diligently and seek legal assistance to maximise your chances of success. ## Resources And Support It is essential to access additional resources and support during the Re-entry ban process: **Government Websites**: Visit official government websites, such as the UK Visas and Immigration website, for up-to-date information on immigration rules, procedures, and relevant forms. **Immigration Forums:** Participate in immigration forums or online communities where individuals share their experiences, insights, and resources related to Re-entry bans and appeals. **Support Networks:** Seek support from community organisations, immigration support groups, or counselling services that can provide assistance and guidance during this challenging period. ## Exploring Alternative Options During the 10-year ban period, consider alternative paths that can contribute to personal development, education, or career opportunities in your home country or elsewhere. Focus on building a strong foundation for future endeavours. Additionally, take this time to learn from the past, identify areas of improvement, and plan for a successful reapplication after the ban period expires. ## Emotional And Mental Well-being The emotional and mental toll of facing a 10-year ban should not be underestimated. Seek support to cope with the challenges and uncertainties during this difficult period. Access mental health services, support groups, or counselling to help manage the emotional impact and maintain overall well-being. ## Conclusion Understanding the implications of a 10-year Re-entry ban in the UK for immigration is crucial for affected individuals and those seeking information on their behalf. By exploring the reasons for the ban, its consequences, exceptions, and the importance of legal assistance, we aim to equip readers with the knowledge necessary to navigate this complex process. Remember, every case is unique, and seeking professional legal advice is essential to explore the best options and mitigate the impact of a Re-entry ban. ## Expert UK Immigration Solicitors If you have been banned for re-entry for 10 years and wish to consider your options of challenging the Home Office’s decision, please contact a member of our dedicated immigration team so we can arrange for you to meet with an experienced immigration solicitor who can consider your options with you. The law along with specific rules and regulations relating to 10 year re-entry bans can be complex and daunting. Our team of expert lawyers who are located a short distance from the Upper Tribunal (Immigration & Asylum Chamber) often find themselves representing clients at the First tier and Upper Tribunal. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Spouse Visa Extension Application Source: https://immigrationandvisasolicitors.co.uk/best-spouse-visa-extension-application-immigration-lawyers-london/ Applicants who are granted entry clearance as a spouse of a British citizen will be granted a 2 and a half year visa. In order to remain in the UK, Applicants are required to submit a spouse visa extension application for a further 2 and half a year visa, 28 days prior to the expiry of the visa. The Spouse Visa Extension application must be submitted persuant to Appendix FM and Appendix FM SE of the Immigration Rules*.* ## How to apply for Spouse Visa Extension? Similar to the initial entry clearance application, Applicants are required to meet the rules under Appendix FM and Appendix FM SE of the Immigration Rules. There are also various Home Office guidance documents which explain each of the requirements.  All these instruments should be read together for a successful application. To apply for a spouse visa extension you must meet the following requirements: - You must have a good character and you must not have engaged in any criminal activities; - You must provide documentary evidence that your marital relationship is still genuine and subsisting. There are a number of documents you can provide in evidence of this; - You can also provide evidence of your ties and connections to the UK and provide reasons to why you cannot continue your marital relationship overseas; - You must have suitable accommodation in the UK and proof of correspondence for the last 2 and a half year period addressed jointly to the Applicant and Sponsor; - You must meet the[ financial requirement](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/783641/Appendix-FM-1-7-Financial-Requirement-ext_1_.pdf) of £29,000 (i.e. have enough money to support yourself and any dependants without recourse to public funds). There are a number of different methods of meeting the financial requirement; and - You must satisfy the English language requirement (see below). Once Applicants have spent 5 years on a spouse visa they can apply for indefinite leave to remain (settlement) in the UK and then also consider applying for UK Citizenship by applying for a [Certificate of Naturalisation](https://immigrationandvisasolicitors.co.uk/british-citizenship-naturalisation/). ## The 3 main requirements in a Spouse Visa Extension There are three main requirements (see below) for a spouse visa extension application under Appendix FM of the Immigration Rules. It is also important to consider the relevant Home Office policy guidance as these explain the requirements in finer detail. It is important for Applicants to demonstrate that they meet all of the Home Office requirements listed under the Immigration Rules and the relevant appendixes. Applicants must ensure their application is prepared as strongly and diligently as possible as this will give them the greatest chance of success. Our specialist Immigration team have an in-depth understanding of the Immigration Rules and take great care and attention in preparing spouse visa extension applications. Our bespoke service gives our clients the confidence to return to us to help prepare Home Office visa applications. ## Relationship requirement in a Spouse Visa Extension application The first requirement is the relationship requirements. It is important for Applicants to show that their relationship with their Sponsor is still genuine and subsisting. This can be demonstrated through documentary evidence. ## Financial requirementin a Spouse Visa Extension application The second requirement is the [financial requirement](https://immigrationandvisasolicitors.co.uk/financial-requirement-under-appendix-fm/). Applicants are required to demonstrate that they meet the financial threshold of £29,000 individually or jointly with their Sponsor. The financial requirement can be met through salaried employment or self-employment or cash savings. In order to meet the requirement through cash savings Applicants must show that they have held £62,500 for a period of 6 months. It is also possible to combine salaried employment with cash savings. ## English Language requirement in a Spouse Visa Extension application The third requirement is the English language requirement. From 1 May 2017, the Home Office introduced a new English Language requirement at Level A2 of the Common European Framework of References for Languages (CEFR) for spouse visa extension applications. ## How we can assist submit a successful Spouse Visa Extension application Our specialist immigration team prepare all UK Visas and Immigration applications meticulously ensuring all the relevant rules are met. In this particular application, we successfully guided the Applicant through the spouse visa extension application process and prepared detailed legal representations which focused on how the Applicant met each of the requirements under Immigration Rules/Appendixes. Our solicitors had to work closely with the Applicant and Sponsor to ensure they were able to collate all the mandatory documents required for the Applicant’s application. It was essential that a properly executed application was prepared as there were clear weaknesses in the application. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of his documents to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with the online visa application form and the financial requirements form. ## Using Legal Representation to submit a Spouse Visa Extension application Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a spouse visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject spouse visa applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully apply for a Spouse Visa Extension application Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a spouse visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a spouse visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an Entry Clearance Spouse Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Explore Citizenship by investment in Cyprus Source: https://immigrationandvisasolicitors.co.uk/explore-citizenship-by-investment-in-cyprus/ *Cyprus is one the leading European countries offering economic citizenship or permanent residency through investment.  The Cypriote government offers fast track citizenship or permanent residency opportunities to Non-EEA high net worth individuals, entrepreneurs and investors. Since the EU referendum there has also been an increase in interest from British citizens looking to obtain EU citizenship allowing unlimited visa free access to the European Union. Interest in economic citizenship rapidly increased in September 2016 when the Cyprus Council of Ministers reformed the overseas investment programme. Unlike other EU countries Cyprus offers a fast and efficient investment scheme allowing visa free access to 158 countries across the globe including the 28 EU member state counties. Cyprus is the only country in Europe offering full citizenship within 6 months providing exciting and endless opportunities.  * ## Cyprus Citizenship by Investment programmes Cyprus provides one of the world’s most efficient investment programmes for obtaining citizenship. Every year the number of Citizenship by Investment applications for Cyprus rise in a search of a quick second citizenship allowing visa free global mobility. By holding Cypriot citizenship you are automatically entitled to travel to 158 countries across the globe including the 28 EU Member States countries. A Cypriot passport automatically grants you EU citizenship therefore you are free to travel, work, study and live anywhere within the EU including some of the top destinations such as United Kingdom, Germany, France, Spain and Italy amongst others. To qualify for Citizenship by Investment in Cyprus the following requirements must be met: - You must be of good character and must not have a criminal record; - You must make a one off real estate investment in property for at least €2 million; - Once you have acquired the property you must hold it for a minimum period of 3 years. You do not have to reside in the property. The property can be put onto the rental market immediately. The property can be sold after 3 years; and - You must visit Cyprus once every 7 years. Another exclusive attraction in investing in Cyprus is that you can also apply for citizenship for your family members by investing an additional €500,000.  On grant of your application you will be given lifelong Cypriot citizenship which can be passed onto future generations. Further, there is no language requirement, medical test or interview for citizenship applicants. Top 5 Facts for Citizenship by Investment: - Cyprus offers the quickest, most assured route to European citizenship by approving your application within 6 months from the date of submission; - A Cypriot passport gives you visa free access to 158 countries across the globe including the 28 EU countries giving you the right to live, work and study in these countries; - You and your family will receive full Cypriot citizenship (depending on investment); - No obligation to make charitable donations; - If you do not wish to invest in real estate you may be able to invest in commercial premises, shares in an active business, private equity and government bonds. We can assist with the preparation and submission of a Citizenship by Investment application for Cypriot citizenship.  Our specialist immigration team can advise you every step of the way making the application process a stress free and enjoyable experience. We can also work with you to discover the best investment mechanisms suited for your investment. ## Cyprus Permanent Residency by Investment programmes We understand that not everyone would like to acquire a second citizenship and in some cases it may not be possible to hold dual citizenship. There is an alternative option for high net worth individuals who would like to benefit from visa free travel. Applicants can secure Permanent Residency in Cyprus by making a significant investment of €300,000 in real estate. Once you have invested the required money you will be granted a Cyprus residence permit within 2 months from the date of investment. The residency permit covers the whole family and includes all dependent children up to the age of 25. To qualify for a residency permit you must meet the following requirements: - You must be of good character and must not have a criminal record; - You must acquire and invest a minimum of €300,000 in new property in Cyprus; - The property can comprise up to housing units or one housing unit and a shop or office; - You can put the property onto the rental market immediately but cannot sell the property; - You must show an annual income of €30,000 and show at least €30,000 in a bank account in Cyprus; - You must visit Cyprus every 2 years; ## Comparing Citizenship by Investment programmes across Europe The key attraction for high net worth individuals investing in Cyprus is the turnaround speed of the Citizenship by Investment applications. The ultimate goal for high net worth individuals applying for economic citizenship is acquiring a second passport as quickly as possible. Cyprus is one of the only countries in Europe that process and issue Citizenship by Investment within 6 months. Malta also offers a similar investment opportunity but it takes up to 18 months before citizenship is acquired. Top 5 Social and Economic reasons for choosing Cyprus: - Secure protected investment with a favourable tax regime for both companies and individuals; - One of the lowest property taxes in the world and there is no inherence tax; - Excellent medical and education facilities with over 80% of the population speaking English; - Free Movement of persons and goods within the EU; - Lowest crime rate in Europe and 5th safest country in the world. Another benefit in investing in Cyprus is that you will not be required to make charitable donations as part of the Citizenship by Investment application. This makes investing in Cyprus much more lucrative and attractive for foreign investors looking for a second citizenship. ## Impact of EU Referendum on Citizenship by Investment programmes in Cyprus Ever since the EU referendum in June 2016 interest has grew in Citizenship by Investment programmes in Cyprus. It is likely that once the United Kingdom officially leaves the EU British nationals will no longer benefit from the free movement of persons and goods rights under the EEA Regulations.  As a result, British citizens are now looking for alternative methods of acquiring free movement across the EU. --- # Explore Citizenship by investment in Cyprus Source: https://immigrationandvisasolicitors.co.uk/explore-citizenship-by-investment/ Cyprus is one of the leading European countries offering economic citizenship or permanent residency through investment. The Cypriote government offers fast-track citizenship or permanent residency opportunities for high net worth individuals, entrepreneurs and investors (Non-EEA). Since the EU referendum, there has also been an increase in interest from British citizens looking to obtain EU citizenship allowing unlimited visa-free access to the European Union. Interest in economic citizenship rapidly increased in September 2016 when the Cyprus Council of Ministers reformed the overseas investment programme. Unlike other EU countries, Cyprus offers a fast and efficient investment scheme allowing visa-free access to 158 countries across the globe including the 28 EU member state counties. Cyprus is the only country in Europe offering full citizenship within 6 months providing exciting and endless opportunities. ## What is the Cyprus Citizenship by Investment programme? Cyprus provides one of the world’s most efficient investment programmes for obtaining citizenship. Every year the number of Citizenship by Investment applications for Cyprus rise in a search of a quick second citizenship allowing visa-free global mobility. By holding Cypriot citizenship you are automatically entitled to travel to 158 countries across the globe including the 28 EU Member States countries. A Cypriot passport automatically grants you EU citizenship, therefore, you are free to travel, work, study and live anywhere within the EU including some of the top destinations such as United Kingdom, Germany, France, Spain and Italy amongst others. To qualify for Citizenship by Investment in Cyprus the following requirements must be met: - You must be of good character and must not have a criminal record; - You must make a one-off real estate investment in property for at least €2 million; - Once you have acquired the property you must hold it for a minimum period of 3 years. You do not have to reside in the property. The property can be put onto the rental market immediately. The property can be sold after 3 years; and - You must visit Cyprus once every 7 years. Another exclusive attraction in investing in Cyprus is that you can also apply for citizenship for your family members by investing an additional €500,000. On grant of your application, you will be given lifelong Cypriot citizenship which can be passed onto future generations. Further, there is no language requirement, medical test or interview for citizenship applicants. ## What are the benefits of investing in Cyprus? - Cyprus offers the quickest, most assured route to European citizenship by approving your application within 6 months from the date of submission; - A Cypriot passport gives you visa-free access to 158 countries across the globe including the 28 EU countries giving you the right to live, work and study in these countries; - You and your family will receive full Cypriot citizenship (depending on investment); - No obligation to make charitable donations; - If you do not wish to invest in real estate you may be able to invest in commercial premises, shares in an active business, private equity and government bonds. We can assist with the preparation and submission of a Citizenship by Investment application for Cypriot citizenship. Our specialist immigration team can advise you every step of the way making the application process a stress free and enjoyable experience. We can also work with you to discover the best investment mechanisms suited for your investment. ## What is the Cyprus Permanent Residency Investment programme We understand that not everyone would like to acquire a second citizenship and in some cases, it may not be possible to hold dual citizenship. There is an alternative option for high net worth individuals who would like to benefit from visa-free travel. Applicants can secure Permanent Residency in Cyprus by making a significant investment of €300,000 in real estate. Once you have invested the required money you will be granted a Cyprus residence permit within 2 months from the date of investment. The residency permit covers the whole family and includes all dependent children up to the age of 25. To qualify for a residency permit you must meet the following requirements: - You must be of good character and must not have a criminal record; - You must acquire and invest a minimum of €300,000 in a new property in Cyprus; - The property can comprise up to housing units or one housing unit and a shop or office; - You can put the property onto the rental market immediately but cannot sell the property; - You must show an annual income of €30,000 and show at least €30,000 in a bank account in Cyprus; - You must visit Cyprus every 2 years; ## Comparing Citizenship by Investment programmes across Europe The key attraction for high net worth individuals investing in Cyprus is the turnaround speed of the Citizenship by Investment applications. The ultimate goal for high net worth individuals applying for economic citizenship is acquiring a second passport as quickly as possible. Cyprus is one of the only countries in Europe that process and issues Citizenship by Investment within 6 months. Malta also offers a similar investment opportunity but it takes up to 18 months before citizenship is acquired. Top 5 Social and Economic reasons for choosing Cyprus: - Secure protected investment with a favourable tax regime for both companies and individuals; - One of the lowest property taxes in the world and there is no inherence tax; - Excellent medical and education facilities with over 80% of the population speaking English; - Free Movement of persons and goods within the EU; - The lowest crime rate in Europe and 5th safest country in the world. Another benefit of investing in Cyprus is that you will not be required to make charitable donations as part of the Citizenship by Investment application. This makes investing in Cyprus much more lucrative and attractive for foreign investors looking for a second citizenship. ## Impact of EU Referendum on Citizenship by Investment programmes in Cyprus Ever since the EU referendum in June 2016 interest has grown in Citizenship by Investment programmes in Cyprus. It is likely that once the United Kingdom officially leaves the EU British nationals will no longer benefit from the free movement of persons and goods rights under the EEA Regulations. As a result, British citizens are now looking for alternative methods of acquiring free movement across the EU. --- # Graduate Visa Source: https://immigrationandvisasolicitors.co.uk/graduate-visa-route-2021-international-student-post-study-work/ The Graduate Visa Route was launched on 1 July 2021 and it allows international students to remain in the UK for a further 2 years (or 3 years if the Applicant has a PhD or other doctoral qualification) in order to give them an opportunity to find employment. The rules for the Graduate Visa can be found under [Appendix Graduate](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-graduate). ## Eligibility requirements for the Graduate Visa To be eligible for the Graduate Visa, Applicants must: - Have, or have last had, a Tier 4 or [Student Visa](https://immigrationandvisasolicitors.co.uk/student-visa-sponsor-licence/); - Have studied a UK bachelor’s degree, a UK postgraduate degree, or other relevant qualification from a higher education provider;- Have completed the course or studied for at least 12 months, whichever is shorter. Applicants must apply for the Graduate Visa from inside the UK and before the Student Visa expires. Applicants will not need to demonstrate their English language ability as their degree certificate will satisfy this requirement. ## Permitted and Prohibited Activities on the Graduate Visa The Graduate Visa enables migrants to: - Seek employment in the UK and work in most jobs;- Be self-employed;- Continue living in the UK with dependents, if they’re eligible;- Do voluntary work; and- Travel to and from the UK. Graduate Visa migrants are not able to: - Apply for most benefits (public funds), or State Pension; and- Work as a professional sportsperson. ## What is the Home Office application fee? The Home Office application fee for the Graduate Visa is £700. Most Applicants must also pay the Immigration Health Surcharge ("IHS") as part of the application. Currently, the IHS is £624 per year of the visa so for a two-year visa the amount would be £1,248, or for 3 years it would be £1,872. ## Expert UK Business Immigration Solicitors Our expert business immigration team offer specialise in Graduate Visa applications. If you wish to have your documents checked by an expert immigration solicitor, please contact us so we can explore your options. We are a [UK law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our professional business immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # High Potential Individual Visa Source: https://immigrationandvisasolicitors.co.uk/personal-family-spouse-ancestry-article8-appeals-ilr-tribunal-jr-2/high-potential-individual-visa/ Are you a recent graduate from a top global university and looking to make your mark in the United Kingdom? The High Potential Individual Visa offers a unique opportunity for talented individuals to explore work opportunities, live, and contribute to the UK economy without being tied to a specific employer. As a [leading London law firm](https://lexlaw.co.uk/practice-areas/uk-immigration-solicitors-london/uk-immigration-visa-solicitors-barristers-lawyers-london-uk/), our [specialist immigration solicitors](https://djfsolicitors.co.uk/immigration-law/#:~:text=Comprehensive%20Immigration%20Law%20Services,complexities%20of%20the%20immigration%20system.)** **and [expert immigration team ](https://djfsolicitors.co.uk/immigration-law/#:~:text=Comprehensive%20Immigration%20Law%20Services,complexities%20of%20the%20immigration%20system.)are here to guide you through every step of the application process. This comprehensive guide explains everything you need to know about the High Potential Individual Visa, from eligibility requirements to the application process. --- ## What Is the High Potential Individual Visa? The High Potential Individual Visa is designed to attract the "brightest and best" global talent by offering a flexible route to live and work in the UK. Unlike the Skilled Worker Visa, this visa does not require sponsorship, making it an attractive option for businesses and individuals alike. --- ## Key Benefits of the High Potential Individual Visa With this visa, you can: - Work without a sponsor (with the exception of professional sports roles). - Be self-employed or seek job opportunities. - Study in the UK. - Undertake voluntary or freelance work. - Bring eligible family members with you. --- ## Eligibility Requirements for the High Potential Individual Visa To qualify, applicants must: ### 1. Hold an Eligible Degree - Have an overseas degree-level qualification recognized by Ecctis as equivalent to a UK bachelor’s, master’s, or doctoral degree. - The degree must have been awarded within the last five years. - The awarding institution must appear on the[ **Global Universities List**](https://www.gov.uk/government/publications/high-potential-individual-visa-global-universities-list/high-potential-individual-visa-global-universities-list-2023) at the time the degree was awarded. ### 2. Meet the English Language Requirement - Demonstrate English proficiency at [CEFR Level B1](https://www.coe.int/en/web/common-european-framework-reference-languages/level-descriptions) or higher unless exempt. ### 3. Financial Requirements - Show proof of at least £1,270 in cash funds, held for 28 consecutive days, if applying from outside the UK or within 12 months of arrival in the UK. ### 4. Provide a Clear TB Test (If Applicable) - Applicants from certain countries must provide a valid tuberculosis test certificate. --- ## Duration of Stay The length of your stay depends on your qualification: | **Qualification Type** | **Duration** | | ---------------------- | ------------ | | Doctoral Degree (PhD) | 3 years | | Bachelor’s or Master’s Degree | 2 years | --- ## What Is the Global Universities List? The [Global Universities List](https://www.gov.uk/government/publications/high-potential-individual-visa-global-universities-list/high-potential-individual-visa-global-universities-list-2023) is compiled annually by the UK Home Office, including universities ranked highly in: - **Times Higher Education World University Rankings** - **Quacquarelli Symonds World University Rankings (QS Rankings)** - **Academic Ranking of World Universities (Shanghai Rankings)** To confirm eligibility, ensure your degree was awarded during the period covered by the relevant list. --- ## Costs of the High Potential Individual Visa | **Expense** | **Amount** | | ----------- | ---------- | | Ecctis Qualification Fee | £210 (£252 in the UK) | | Visa Application Fee | £822 | | Immigration Health Surcharge | £1,035 per year | For a 2-year visa, the total cost can exceed £3,100 (excluding dependents). --- ## How to Apply for the High Potential Individual Visa ### Step 1: Gather the Required Documents - Valid passport or travel document. - Ecctis qualification statement. - Academic qualification certificate. - Proof of funds (if applicable). - TB test certificate (if required). ### Step 2: Complete the Online Application Submit your application online. Applicants from within the UK must hold valid permission to stay under eligible visa categories. ### Step 3: Verify Your Identity - Use the UK Immigration app to scan your identity. - Alternatively, book an appointment at a visa application centre. ### Step 4: Submit Supporting Documents Upload required documents via the online portal. ### Step 5: Wait for a Decision Decisions are typically made within 3 weeks (outside the UK) or 8 weeks (inside the UK). --- ## Staying in the UK: Switching to a Settlement Route The High Potential Individual Visa does not lead to settlement. If you wish to stay longer, consider switching to a visa that offers a path to settlement, such as: - Skilled Worker Visa - Global Talent Visa Our **expert immigration solicitors** can help you transition seamlessly to a visa that meets your long-term goals. --- ## FAQs About the High Potential Individual Visa ### What is the High Potential Individual Visa? It is a visa for graduates from top global universities, allowing them to live and work in the UK without employer sponsorship. ### Who is eligible for the High Potential Individual Visa? Graduates with degrees awarded within the past five years from institutions on the Global Universities List. ### Does this visa lead to permanent residency? No, but you can switch to a settlement-eligible visa once in the UK. ### Can I bring family members? Yes, you can bring eligible dependents, including your spouse or children. ### How long does the application process take? Decisions are typically made within 3–8 weeks, depending on whether you apply from outside or inside the UK. ## Contact Us --- For personalised advice on your High Potential Individual Visa application, [contact ](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/)our [leading London law firm](https://lexlaw.co.uk/practice-areas/uk-immigration-solicitors-london/uk-immigration-visa-solicitors-barristers-lawyers-london-uk/) today. Our [specialist immigration solicitors](https://djfsolicitors.co.uk/immigration-law/#:~:text=Comprehensive%20Immigration%20Law%20Services,complexities%20of%20the%20immigration%20system.) and [expert immigration team ](https://djfsolicitors.co.uk/immigration-law/#:~:text=Comprehensive%20Immigration%20Law%20Services,complexities%20of%20the%20immigration%20system.)are ready to help you achieve your UK immigration goals. --- # Expert Advice Source: https://immigrationandvisasolicitors.co.uk/expert-advice/ ### Do you need professional legal advice or help with an immigration matter? Your search ends here. Our team of expert lawyers can assist by providing you with bespoke advice on Immigration and Nationality issues. We deal with both business and individual immigration matters. On the business side we can assist organisations in obtaining, managing and maintaining their Sponsor Licences and assist in [challenging Civil Penalties](https://immigrationandvisasolicitors.co.uk/ukvi-penalties-fines-uk-business/) issued by UK Visas & Immigration (UKVI). We can also assist workers in obtaining their [Tier 2 Work visas](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) and help prepare applications for their [dependants](https://immigrationandvisasolicitors.co.uk/points-based-system-dependant/). We also provide legal services for individuals wishing to apply for [sole representative visas](https://immigrationandvisasolicitors.co.uk/sole-representative-visa-uk/), high net worth visas (Tier 1 [Entrepreneurs](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/) & [Investors](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/)) and those wishing to apply for [Indefinite Leave to Remain (ILR) and naturalisation](https://immigrationandvisasolicitors.co.uk/ilr-indefinite-leave-to-remain-uk/). Our professional immigration services expand to individuals who wish to join their EEA family members in the UK, [join or remain in the UK with their British spouses](https://web.archive.org/web/20170116000810/https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/), apply to get married to their British fiancés, apply for ancestry visas and those wish to settle in the [UK indefinitely (ILR and naturalisation)](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/). We are also regularly instructed by clients who have their visas refused and can assist in[ appealing the decision to the First-tier Tribunal & Upper Tier Tribunals](https://immigrationandvisasolicitors.co.uk/judicial-review/) and in exceptional circumstances can assist in [challenging the Home Office's decision by way of a Judicial Review](https://immigrationandvisasolicitors.co.uk/judicial-review/). Our immigration lawyers are also routinely instructed by those wishing to [apply for an Administrative Review of a negative decision](https://immigrationandvisasolicitors.co.uk/immigration-appeal-admin-review/). We know exactly how to get the best results for you. Our immigration team comprises qualified Solicitors and Barristers who have in-depth experience of Immigration, are up to date with latest changes to the Immigration Rules and Home Office guidance and have a vast amount of advocacy experience. ### How we can help you As a leading law firm with a track record of success, you can be assured your matter is in safe hands. Our success rate is a result of the dedication of our lawyers who will diligently review your matter so it has the best possible chance of success from the outset. ### What we can do for you We have a strict procedure in place to ensure every matter undergoes a thorough initial assessment. Typically we do the following: - A qualified Immigration lawyer will assess the risks/merits of your Immigration matter - Assist you with providing all relevant documents needed to make a successful application - We will advise you at all stages, assemble your materials, prepare and submit the application in accordance with the latest Home Office policy guidance and Immigration Rules. - Manage the application process and liaise with the Home Office on your behalf to ensure that your application is processed in an efficient and expedient manner. - Our immigration lawyer will provide a professional and tailored approach in accordance to your individual needs. - We have a team of established lawyers with a proven track record of successful applications. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Solicitors or Barristers please click here to leave us an enquiry or call us on 02030110276 and arrange to meet with a member of our dedicated team.** --- # Glossary of Key Legal Terminology for UK Immigration Source: https://immigrationandvisasolicitors.co.uk/immigration-glossary/ The law and the terms used can be complicated to those who are unfamiliar with legal jargon. This A-Z guide of common legal Immigration terms and phrases provides definitions of key legal terms that solicitors and their clients will come across in UK Immigration matters in England and Wales. Our solicitors and barristers are UK Immigration Law experts. For expert legal advice that you can rely upon contact [our legal team](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) so we can assess your case. - A- B- C- D- E- F- G- H- I- J- K- L- M- N- O- P- Q- R- S- T- U- V- W- X, Y, Z A **Adult Dependant Relative Visa – **A visa category designed for non-EEA adult dependent relatives of British citizens in the UK who require long-term care. **Administrative Review- **A formal review procedure challenging a Home Office decision where there has been a clear case working error. Unlike appeals, no new evidence can be considered. **Ancestry Visa- **A visa for Commonwealth citizens who have grandparents born in the UK. The Ancestry Visa is also categorised as a non-points based system work visa.  **Appeal- **A way to challenge a decision in front of an independent Immigration Judge either on papers or during an oral hearing. **Asylum- **The protection granted by the UK  to foreign citizens who flee their home country due to fear of persecution. B **Biometric Residence Permit – **“BRP” holds the personal data of a migrant including their name, date of birth, nationality and visa status (including validity). Migrants must carry this along with their passport when they travel abroad in order to allow re-entry to the UK. **Brexit – **The UK’s decision to leave the EU. After the transitional period EU nationals and their family members will not be able to enjoy the same rights as they currently do; such as free movement, thus making it more difficult to come to the UK. **British Citizenship/Nationality – ** Free from any immigration control or restrictions in the UK. There are several ways to become a British citizen dependent on an individual’s circumstances. **Business Immigration – **Visas for business people and high net worth individuals. C **Certificate of Sponsorship (CoS) – **Issued by employers to Skilled Worker Visa Applicants as part of the sponsored work application process. The CoS contains information relating to the migrant and the job role. **Confirmation of Acceptance of Studies (CAS) – **Issued to Student Visa Applicants as part of the application process. The CAS contains information relating to the migrant and the course. **Court of Appeal – **A higher court in the UK whereby if an Applicant is granted permission to appeal at the Upper Tribunal which was then dismissed, they may be able to appeal to the Court of Appeal for reconsideration from another Judge. **Curtailment – **The Home Office can take back a visa for a number of reasons such as the breakdown of the relationship between the Applicant and Sponsor. If a visa is curtailed the migrant will be informed in writing and will usually have 60 days to make further representations or make a fresh application. D **Dependent – **Usually children or partners (but can also include parents, grandparents and siblings) who are reliant on the main Applicant (i.e. financially). Dependents can apply to come to the UK at the same time as the main Applicant or to join them in the UK at a later date. **Deportation – **When a migrant is forced to leave the UK, usually due to criminality or if they are found to have obtained their visa fraudulently. E **Endorsement Body – **For Start-up, Innovator and Global Talent visa applications, Applicants must first secure an endorsement from a Home Office approved body. Endorsement bodies must assess whether the business idea is innovative, credible and viable (for Start-up and Innovator applications) or if the individual is a leader or emerging leader in their chosen field (for Global Talent applications). **Entry Clearance – **A visa application made from outside the UK. **EU Settlement Scheme- **The EU Settlement Scheme was introduced following the UK’s decision to leave the EU. The EU Settlement Scheme is the transitional arrangement for EU nationals and their family members to lawfully remain in the UK. Depending on the length of lawful residence in the UK, Applicants will either be granted Settled Status or Pre-Settled Status. F **Family Permit – **An application made under the EEA Regulations or EU Settlement Scheme for the non-EEA family members of EU nationals to enter the UK to join their EU national sponsor. Family Permits are only valid for 6 months. Applications close on 30 June 2021. **Fiancé Visa – **For the non-EEA partners of British or settled people to come to the UK in order to get married to their British or settled partner. The visa is considered temporary and is therefore only valid for 6 months with no right to work. Applicants need to switch into the spouse visa if they wish to remain in the UK after the validity of the visa. **First Tier Tribunal (Immigration and Asylum Chamber) – **The first court that an immigration appeal will be heard at. G **Global Talent Visa – **Expanded on the Tier 1 (Exceptional Talent) visa route and is for leaders or emerging leaders in their chosen field to come to the UK. **Gurkhas (Settlement) – **A discretionary application for settlement or “indefinite leave to remain” in the UK specifically for individuals discharged from the British Army, Brigade of Gurkhas prior to 1 July 1997 and their family members. H **Home Office – **The Government department that makes a decision on UK Visa and Immigration applications. I **Immigration Bail – **Replaced Temporary Release and Temporary Admission. Migrants on Immigration Bail are released from Immigration Detention but must adhere to the bail conditions they are given. **Immigration Detention – **Migrants who are subject to immigration control are held in Immigration Detention before they are deported or removed from the UK or until they are given permission to stay in the UK. **Immigration Health Surcharge – **The “IHS” payment is required by UK visa Applicants and gives them access to NHS health services. The IHS is mandatory and payable at the time of the visa application. **Immigration Skills Charge – **Sponsor Licenced employers may have to pay an additional charge before they issue a CoS to a potential migrant employee. **Indefinite Leave to Remain – **“ILR” is an application made under the Immigration Rules and means successful migrants are free from immigration control or restrictions. Also referred to as settlement or permanent residence. **Innovator Visa – **For business people who wish to set up a business in the UK and have at least £50,000 to invest in that business. Applicants must first get an endorsement from an endorsement body in order to make an Innovator Visa application. J **Judicial Review – **A mechanism to challenge a decision from the Home Office. This should only be used as a last resort when all other appeal rights have been exhausted. Judicial Reviews can be a complex, lengthy and costly route and is not one that should be taken lightly. K **Knowledge of Life and Language in the UK – **A requirement for Applicants who wish to apply for British citizenship or settlement in the UK. L M **Marriage Visitor Visa – **This visa is for non-EEA nationals who wish to come to the UK in order to register a marriage or civil partnership. This is a visa only valid for 6 months and cannot be extended. Applicants who wish to remain in the UK with their spouse or civil partner after the marriage should apply for the fiancé visa. N **Naturalisation – **The process of becoming a British citizen. O P **Permanent Residence – **The same as indefinite leave to remain or settled status and means migrants are free from immigration control. Applications for Permanent Residence are made under the EEA Regulations. **Permitted Paid Engagement (“PPE”) – **A short-term visa for non-EEA nationals who have an invitation to the UK as an expert in their profession. **Points Based System – **Applications (such as for work and business) which require a certain number of points. **Private Medical Treatment Visitor Visa – **Temporary visa for 6 or 11 months which enables non-EEA nationals to come to the UK to receive private medical treatment which is not available in their home country. Q R **Registration Certificate – **Confirmation of an EEA national’s status in the UK under the EEA Regulations. Replaced by Pre-Settled Status under the EU Settlement Scheme. **Residence Card – **Confirmation of a non-EEA family member of an EU citizen’s status in the UK. Replaced by Pre-Settled Status under the EU Settlement Scheme. **Resident Labour Market Test (RLMT) – **The RLMT must be competed as part of most Tier 2 and Tier 5 visa applications (unless exemptions apply).  The purpose of the RLMT is to give settled workers the opportunity to fill the advertised job role before it is offered to migrant workers. **Returning Resident – **Someone who has indefinite leave to remain but has been outside the UK for more than 2 years and then wishes to return to the UK will have to apply as a returning resident, otherwise they may be denied entry at the border as their indefinite leave to remain and therefore their right to be in the UK has lapsed. **Revocation (Sponsor Licence) – **when an organisation’s sponsor licence is revoked they have lost their permission to lawfully employ sponsored workers or enrol foreign students under the Tier 2, Tier 4 and Tier 5 visa categories. Revocation happens when the sponsor has not complied with their sponsorship duties. S **Short-term Study Visa – **a visa category for someone intending to do a short course of study in the UK such as English language course or to do a short period of research as part of a degree course. **Sole Representative Visa – **a visa category with the purpose to allow an individual representative of an overseas business to enter the UK in order to establish and run a registered branch of the business or wholly-owned subsidiary of the business in the UK. **Sole Responsibility – **prior to a UK based parent bringing a child into the UK to live with them they must prove that they have ‘sole responsibility’ over the child consisting of legal responsibility, financial responsibility and emotional responsibility. **Sponsor Licence –**Tier 2 and Tier 5 businesses and education providers who wish to sponsor a migrant for work or study must first have a sponsor licence. **Sponsorship Management System (SMS) – **The SMS is a portal for Tier 2 and Tier 5 sponsors as well as student sponsors. It allows them to apply for the sponsor licence, sponsor new migrants, monitor existing migrants and keep up to date with compliance duties. **Spouse Visa – **The non-EEA national spouses and civil partners of British or settled people can apply to join their spouse or civil partner to live in the UK. **Start-up Visa – **Replaced the Tier 1 (Graduate Entrepreneur) Visa. The Start-up Visa is for individuals who wish to set up a business in the UK and they first require an endorsement from an endorsing body. **Standard Visitor Visa – **Allows non-EEA nationals to come to the UK for a period up to 6 months for a range of reasons such as leisure, business, to take part in sport or creative events, or to receive private medical treatment. **Student Visa – **a visa category for international students (including EEA nationals from 1 January 2021) who have been offered a place on a course at an academic institution in the UK who has a student sponsor licence.  T **Tier 1 (Entrepreneur) Visa – **This route is now closed to new Applicants and is replaced by the Start-up and Innovator visas under Appendix W. **Tier 1 (Exceptional) Talent Visa – **This route is now closed to new Applicants and is replaced by the Global Talent visa under Appendix W. **Tier 1 (Investor) Visa – **visa category for those wishing to invest £2 million or more in the UK. **Tier 2 (General) Visa – **a visa category for non-EEA skilled workers who have received a job offer in the UK from a Tier 2 sponsor licence holder.  **Tier 2 (Intra-Company Transfer) Visa – **a visa category for non-EEA nationals who have been offered a role by their employer in the UK branch of the organisation. **Tier 2 (Sportsperson) Visa – **a visa category for non-EEA nationals who are an elite sportsperson or qualified coach recognised by the sports governing body as being at the highest level of their profession. **Tier 5 (Temporary Worker) Government Authorised Exchange Visa – **a visa for non-EEA nationals who want to come to the UK for a short amount of time for work experience or training. The visa is valid for 12 or 24 months depending on the length of the scheme they are applying for. **Tier 5 (Youth Mobility Scheme) Visa  – **a visa category for migrants from Australia, Canada, Japan, Monaco, New Zealand, Hong Kong, Republic of Korea and Taiwan who are aged 18 to 30 and from who want to experience life in the UK (including live and work) for up to 2 years. **Turkish Business Person Visa – **a visa category under the Ankara Agreement is for Turkish nationals who want to come to the UK to start or new business or help run an established business. U **Unmarried Partner Visa – **a visa category for long term partners of British citizens or those settled in the UK who wish to join their partner in the UK. Also called a De Facto visa. **Upper Tribunal (Immigration and Asylum Chamber) – **the tribunal responsible for handling appeals that are made against decisions from First-tier Tribunal (Immigration and Asylum) relating to visa applications, asylum applications and the right to enter or stay in the UK. V W X, Y, Z --- # Careers Source: https://immigrationandvisasolicitors.co.uk/careers/ LEXVISA is a team of leading immigration lawyers based in Middle Temple (Inn of Court), near the Royal Courts of Justice and in the legal heart of Central London. Recruiting based on merit alone has helped us to become a leading law firm made up of exceptional legal talent. The resulting diversity of our team enables us to understand and meet clients’ needs more effectively and provide a high quality service designed to obtain the best possible results for clients. We develop our lawyers’ skills and help them achieve their career aspirations. We believe in hiring exceptional lawyers with varied skill sets and bringing these individuals together to create a formidable legal team that gains strength from each member. ## Social Responsibility: Diversity & Social Inclusion LEXVISA is a signatory to the [Law Society’s Diversity and Inclusion Framework](https://www.lawsociety.org.uk/topics/diversity-and-inclusion-framework). We believe that this commitment to diversity and social inclusion is essential to reflect the society we serve. We are pleased to announce that in line with our commitment to Social Inclusion we are one of the first City of London law firms to employ [two young people as Legal Apprentices](https://twitter.com/lexlawuk/status/575751693150846976) in conjunction with [CILEx Law School](https://cilexlawschool.ac.uk/). For more information about our Legal Apprenticeships please visit [lexlaw.co.uk/careers/legal-apprentices](http://lexlaw.co.uk/careers/legal-apprentices/). This new legal career path is part of the [Government Apprenticeship initiative](https://www.gov.uk/apprenticeships-guide) and represents a rare opportunity for exceptional and focussed young people to embark upon a career path which will lead, with hard work and perseverance, to a professional qualification as a lawyer practising in the City. ## Current Legal Recruitment/Legal Career Opportunities We are keen to hear from talented and hard working individuals who believe that they become a key part of our future growth. If you would like to apply, [please send us](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/) your CV and a covering email outlining your application. We are currently considering applications for the following opportunities: - Legal Apprentices - Immigration Paralegals - Immigration Solicitor - Immigration Barrister - Legal Consultants in their specialist fields (Solicitors or Barristers) - Voluntary Experience placements for exceptional candidates   --- # Professional Negligence Claims against Immigration Lawyers Source: https://immigrationandvisasolicitors.co.uk/professional-negligence-claims-immigration-asylum-visa-lawyers-advice/ Our [immigration team](https://immigrationandvisasolicitors.co.uk/about-us/) is comprised of Solicitors and Barristers with decades of experience at the very highest levels of immigration law. Given our UK immigration law specialism, we understand that some firms or individual legal practitioners (solicitors or barristers) may not offer competent advice on the merits of visa applications, or may miss important limitation dates or even apply for the wrong type of visa. Sometimes our clients come to us having been dissatisfied with the service offered by other less established immigration law firms. Unlike other immigration firms, we also work in tandem with [specialist professional negligence lawyers](https://professionalnegligenceclaimsolicitors.co.uk/) to ensure that if you have been given [bad advice](https://professionalnegligenceclaimsolicitors.co.uk/legal-negligence-claims-against-solicitor-barrister/) by an immigration [solicitor](https://professionalnegligenceclaimsolicitors.co.uk/sue-negligent-solicitor-law-firm/) or [barrister](https://professionalnegligenceclaimsolicitors.co.uk/sue-a-barrister/) which has prejudiced your case, then we can [issue a claim for compensation](https://professionalnegligenceclaimsolicitors.co.uk/start-issue-professional-negligence-court-claim-case-legal-advice/) at the County Court or High Court.  ## Have you been given bad advice by an immigration lawyer or adviser? Our litigation team specialise in providing [expert legal advice](https://professionalnegligenceclaimsolicitors.co.uk/) on [professional negligence claims](https://professionalnegligenceclaimsolicitors.co.uk) against solicitors and all members of the legal profession. Professional negligence claims against members of the legal profession tend to be complex in nature and argument. Professional negligence claims against members of the legal profession tend to be complex in nature and argument. Professional indemnity insurers will often instruct a specialist City of London law firm to defend claims vigorously and therefore it is essential to take legal advice at the outset from our [expert professional negligence team](https://professionalnegligenceclaimsolicitors.co.uk/expert-uk-negligence-legal-advice/). ## What is the basis for a professional negligence claim against an immigration lawyer? A [negligence claim](https://professionalnegligenceclaimsolicitors.co.uk/professional-negligence-faqs/) must satisfy three basic requirements on the balance of probabilities otherwise it will fail: (1) a duty of care must be owed by the professional (immigration specialist solicitor, barrister or adviser); (2) the professional must have breached this duty; and (3) the breach of that duty must cause a loss. If you have suffered a loss regardless of the immigration adviser's negligence or if the real cause of your loss was due to an extraneous factor outside of the responsibility of the professional then a claim could be reduced or extinguished. ## How do I start a professional negligence claim against my immigration solicitor? In order to commence a [professional negligence claim](https://professionalnegligenceclaimsolicitors.co.uk/professional-negligence-claims/) before a Court in England & Wales you must issue a [County Court](https://www.judiciary.uk/you-and-the-judiciary/going-to-court/county-court/) or [High Court](https://www.judiciary.uk/you-and-the-judiciary/going-to-court/high-court/) claim form accompanied with Particulars of Claim setting out the details of the claim including the remedy sought from the errant immigration [solicitor](https://professionalnegligenceclaimsolicitors.co.uk/sue-negligent-solicitor-law-firm/) or [barrister](https://professionalnegligenceclaimsolicitors.co.uk/sue-a-barrister/). The issuance of the Claim Form must be done within strict time limits known as [limitation periods](https://lexlaw.co.uk/solicitors-london/limitation-in-litigation-know-your-limits/) and the relevant court fee must be paid (which is a percentage of the losses claimed up to a maximum of £10,000). For a step-by-step guide on how to start a professional negligence claim for compensation [click here](https://professionalnegligenceclaimsolicitors.co.uk/start-issue-professional-negligence-court-claim-case-legal-advice/). ## What is the time limit for commencing a claim against a immigration lawyer/adviser? Time limits and limitation periods are essential to adhere to in litigation. [Missing a limitation period](https://lexlaw.co.uk/solicitors-london/professional-negligence-late-service-of-claim-form-particulars-limitation-expiry/) is fatal to the chances of success of any claim and will leave a claim statute-barred. When it comes to ascertaining the limitation date for a particular claim, there are a number of factors to consider. In simple terms, the limitation period is six years from the accrual of the cause of action ([*section 2, Limitation Act 1980*](https://www.legislation.gov.uk/ukpga/1980/58)). However, if the six year time limit has passed but you have only just discovered the effect of any latent damage, then the limitation period may be extended to three years from the date of knowledge ([section 14A, Limitation Act 1980](https://www.legislation.gov.uk/ukpga/1980/58)). Another complicating factor is that in almost all circumstances, a legal professional will owe a client concurrent duties i.e. a duty in both contract and tort (the contract will be the retainer that you signed at the outset with your immigration solicitor, barrister or adviser). This means it is up to you to choose whether to bring an action in contract, tort or both. The relevance is that although both contract and tort have a limitation period of six years after the relevant cause of action accrues, in contract the cause of action accrues once the relevant contractual term is breached and in tort it accrues once damage has occurred. Therefore, limitation periods for both causes of action vary. If you have a complaint against an immigration professional, then our advice is that you [take independent legal advice](https://professionalnegligenceclaimsolicitors.co.uk) as soon as possible. ## Why instruct us to bring your professional negligence claim against an immigration solicitor or adviser? Our[ dual-qualified Solicitor & Barrister team](https://professionalnegligenceclaimsolicitors.co.uk/expert-uk-negligence-legal-advice/) assess your case at the outset. We will quickly determine the merits and prospects of the claim and then also advise you on how to obtain an optimal settlement (often on a no win no fee basis): - We are a team of both solicitors and barristers at the [only law firm](https://lexlaw.co.uk) within chambers in the [Middle Temple](https://www.middletemple.org.uk) (a Barristers' Inn of Court) in the City of London with years of experience. - We provide results-focused legal representation to individuals and companies that have been subject to bad advice or conduct and can often act on a no win no fee basis after an initial assessment. - Our litigation team are dedicated members of the [Professional Negligence Lawyers Association](https://www.pnla.org.uk) (PNLA), with expertise in high value professional negligence disputes and claims. - Our typical cases have a value of several hundred thousand pounds and our largest current case is worth in the region of £7 million and is a complex case against a large well-known London law firm. - We have a specialist team of professional negligence legal experts with years of experience in negotiating with professionals, their indemnity insurers and their solicitors. We regularly represent our clients at mediations with insurers which often lead to settlement - Our immigration and [professional negligence solicitors and barristers](https://professionalnegligenceclaimsolicitors.co.uk/expert-uk-negligence-legal-advice/) offer regulated, independent and confidential legal advice. - Our [immigration lawyers](http://immigrationandvisasolicitors.co.uk) are experts in immigration law which is a complex area with its own legislation and case law unique to other types of law in the UK, which many specialist professional negligence firms will fail to comprehend to the high level we understand immigration law. We can understand where a solicitor has made an error, or provided you with poor advice as we are experts in immigration law. - Immigration law firms or OISC regulated immigration services will most likely have professional indemnity insurers who will often instruct a specialist City of London law firm to defend claims vigorously, therefore it is essential to take legal advice at the outset from our expert immigration professional negligence team. ## Common Examples of Negligence by An Immigration Lawyer An immigration solicitor, barrister or OISC regulated adviser may be negligent for a variety of reasons, it is important to seek professional advice at the outset from our specialist team who can assess whether you have a claim for compensation: - Visa application errors, for example by applying for the wrong type of visa; - Errors in drafting applications, court or legal documents which prejudices your case; - Poor performance of instructions provided by you; - Missing a limitation date which causes your immigration/asylum/appeal to become time-barred; - Providing incorrect or misleading advice on your immigration matter; - Missed deadlines in visa applications; - Failure to apply for judicial review in immigration cases and/or missing the strict time limit to do so; - Failure to address all the issues in your immigration/asylum case; - Failure to advise you on rights of appeal if an application is rejected; - Failure to obtain documents which are material to the success of your case; - Preparing an application without the correct specified documents that are mandatory; - Not submitting appeal hearing bundles in accordance with tribunal directions resulting in (for example) the hearing being decided on papers on the day without consideration of meaningful evidence; or - Mistakes by solicitors making simple errors on UK visa application forms resulting in a 10 year ban ban on future applications on the grounds of deception (pursuant to [paragraph 320(7A) of the Immigration Rules](https://www.gov.uk/government/collections/general-grounds-for-refusal-modernised-guidance)). ## Can I challenge my immigration solicitor’s bill? In addition, unlike many other law firms, we have an [experienced legal costs team](https://lexlaw.co.uk/practice-areas/solicitors-act-1974-client-legal-costs-detailed-assessments-scco/), who specialise in challenging the reasonableness of bills/invoices rendered by your previous immigration solicitor. We find that in many professional negligence claims, clients are not happy with the service they have received and in tandem the price that they have paid for the sub-standard work completed. If you consider that your bill (i.e. invoice) is overpriced for the work that you instructed to be done, our expert costs team can help you to understand the reasonableness of the bill(s) and if appropriate, challenge the bill in addition to any professional negligence claim. ## Can I challenge my solicitor’s bill and start professional negligence proceedings? This is a relatively contentious area. Challenging a bill is commenced in the [Senior Courts Costs Office (SCCO)](https://www.gov.uk/courts-tribunals/senior-courts-costs-office), whereas commencing professional negligence proceedings (if the claim is for more than £100,000) is in the High Court. One of the Court’s [overriding objectives](https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part01) in the [Civil Procedural Rules](https://www.justice.gov.uk/courts/procedure-rules/civil) is to save time and expense. The Court generally do not condone claimants commencing parallel proceedings and if costs proceedings are commenced in the SCCO, and the pre-action protocol for professional negligence is ongoing, the SCCO will likely order a stay of the costs proceedings in order to enable the parties to comply with the pre-action protocol for professional negligence. However, this varies depending on the individual facts of a case. ## Book an Initial Consultation If you have a potential claim against a professional get in touch with our specialist immigration professional negligence team so we can assess the legal merits of your case. We often take on such claims on a no win no fee basis once we have advised you on the merits of the proposed professional negligence action. Our expert legal team of leading [Professional Negligence Solicitors & Barristers](https://professionalnegligenceclaimsolicitors.co.uk/) are available to provide urgent help, advice or representation. Just [fill out our case assessment form](https://lexlaw.co.uk/legal-case-assessment/). ## Specialist Professional Negligence Solicitors We are a specialist [City of London](https://web.archive.org/web/20200622210953/https://www.cityoflondon.gov.uk/Pages/default.aspx) law firm made up of Solicitors & Barristers operating from the only law firm based in the [Middle Temple Inns of Court ](https://www.middletemple.org.uk/)adjacent to the Royal Courts of Justice. Our team have expertise in advising on claims for compensation against immigration professionals that have fallen below the standard expected, which causes clients financial or personal loss. We are experienced in bringing successful claims against all immigration professionals such as SRA regulated solicitors, BSB regulated barristers and OISC regulated immigration advisers. --- # Complaints Source: https://immigrationandvisasolicitors.co.uk/complaints/ ## Complaints Policy We are committed to high quality legal advice and client care to all our clients. When something goes wrong, we need you to tell us about it. This will help us to improve our standards. ## Our Complaints Procedure If you have a concern about any aspect of our service that has not been dealt with to your satisfaction by the person handling your case, please contact our client care partner. ## What Will Happen Next? - We will acknowledge receipt of your complaint promptly. - Our client care partner will then investigate your complaint and review your matter file and speak to the member(s) of staff who acted for you. - We will usually invite you within around 14 days to a meeting to discuss and hopefully resolve your complaint. - Within three days of the meeting, we will write to you to confirm what took place and any solutions that can be agreed. - If you do not want a meeting or it is not necessary, we will send you a detailed written reply, including suggestions for resolution, within 21 days of sending you the acknowledgement letter. - If we have to change any of the timescales above, we will let you know and explain why. Legal Ombudsman If you are not satisfied, you can contact: Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ about your complaint. Since 1 April 2023, the time limits for referring a complaint to the Legal Ombudsman will are: one year from the date of the act or omission being complained about; or one year from the date when you should have realised that there was cause for complaint. For further information, contact the [Legal Ombudsman](https://www.legalombudsman.org.uk/) on 03005550333 or email enquiries@legalombudsman.org.uk. ## Solicitors Regulation Authority The Solicitors Regulation Authority can help if you are concerned about our behaviour. Visit their [website](https://www.sra.org.uk/) to see how you can raise your concerns with the Solicitors Regulation Authority. --- # Costs Source: https://immigrationandvisasolicitors.co.uk/costs/ ## Price Transparency We want you to have the information you need to make an informed choice of legal services provider, including understanding what the costs may be. We take pride in providing transparent and realistic cost estimates. We provide an estimate at the outset of any matter and on request. While the cost of legal work can be difficult to estimate our experience enables us to provide you with a realistic estimate. We charge a minimum discounted fixed fee of £250 for initial meeting advice from an immigration solicitor or barrister. ## General Indication We have given below as much costs information as possible in respect of our Immigration legal work. The fees information is provided for illustrative purposes to show how we work. Charges and costs vary considerably between matters depending on the time being or likely to be spent. Consequently this information is a general indication of costs. Please contact us for a personalised quote or for a fixed fee which can be agreed upon request after an initial discounted fee conference. ## Immigration Cases The costs and service information below is in respect of Applications made under the UK Immigration Rules, such as for: - Student visas (We typically offer a fixed fee ranging from £1,500 to £2,500 (excluding VAT) - Visit visas (including marriage visitor visas) (for tourism, or visiting friends / family) (We typically offer a fixed fee ranging from £1,500 to £2,000 (excluding VAT) - Spouse, civil partners and de facto visa applications, including fiancé(e)s or proposed civil partners (We typically offer a fixed fee ranging from £1,500 to £2,500 (excluding VAT) - Skilled Worker Visas and Tier 2 visas (We typically offer a fixed fee ranging from £1,500 to £2,500 (excluding VAT) - Employer Sponsor License (We typically offer a fixed fee ranging from £4,000 to £7,500 (excluding VAT) - Educational Sponsor License (We typically offer a fixed fee ranging from £5,000 to £7,500 (excluding VAT) - Innovator/ Innovator Founder/ Start-Up and Global Talent Visas (We typically offer a fixed fee ranging from £5,000 to £10,000 (excluding VAT) - Adult Dependent Relative Visas (We typically offer a fixed fee ranging from £2,000 to £2,500 (excluding VAT) - Asylum Claims, Further submissions and Human Rights claims (We typically offer a fixed fee ranging from £1,500 to £2,500 (excluding VAT) - Indefinite Leave to Remain Applications under various categories and following 10 years of continuous lawful residence (We typically offer a fixed fee ranging from £2,500 to £4,500 (excluding VAT) - Leave to remain based on 20 years long residence (We typically offer a fixed fee ranging from £1,500 to £2,500 (excluding VAT) - Mock Sponsor License Audits and Interviews (We typically offer a fixed fee ranging from £1,500 to £2,500 (excluding VAT) - EU Settlement Scheme Applications (We typically offer a fixed fee ranging from £1,000 to £1,500 (excluding VAT) - Appeals to the First-tier Tribunal (IAC) and Upper Tribunal (IAC) (We typically offer a fixed fee ranging from £2,000 to £3,500 (excluding VAT) - Judicial Review (We typically offer a fixed fee ranging from £1,500 to £10,000 (excluding VAT) - This is broken down into stages such as a typical fixed fee of £1,500 (excluding VAT) for drafting a pre-action protocol letter (PAP Letter) - Immigration Bail Application to the Secretary of State (We typically offer a fixed fee ranging from £1,000 to £1,500 (excluding VAT) - Immigration Bail Application the First tier Tribunal (IAC) (We typically offer a fixed fee ranging from £1,500 to £2,500 (excluding VAT) - Citizenship / Nationality Application (We typically offer a fixed fee ranging from £1,250 to £1,500 (excluding VAT) - Administrative Review (We typically offer a fixed fee ranging from £1,000 to £2,000 (excluding VAT) - Revocation of a Deportation Order application (We typically offer a fixed fee ranging from £2,000 to £3,500 (excluding VAT) - Ancestry visas (We typically offer a fixed fee ranging from £2,000 to £3,000 (excluding VAT) - Fee status appeal with university (We typically offer a fixed fee ranging from £2,500 to £5,000 (excluding VAT) - Representative of an overseas business and UK Expansion worker visa (Global Business Mobility) (We typically offer a fixed fee ranging from £2,500 to £5,000 (excluding VAT) Timeframe and Typical Fee Range: - Typically, the aforementioned tasks require an average of 5 to 30 hours for completion depending on the circumstances of your case. This translates to an average cost range of £1,000 to £10,000 (excluding VAT). - The exact cost of an application will of course depend upon the circumstances of your case, such as: the amount of supporting evidence available; whether the case is straightforward or more complex; and whether you are applying with your dependants. - If you are able to provide sufficient evidence at the outset and clearly meet the applicable Immigration Rules, the cost is likely to be at the lower end of this range. - Please note that all figures mentioned exclude Value Added Tax ([VAT - currently 20%](https://www.gov.uk/vat-rates#:~:text=The%20standard%20rate%20of%20VAT,on%20their%20goods%20and%20services.)) unless otherwise specified. However VAT is only charged if our client belongs to the UK. - Our hourly rates are: | Fee-earner | Hourly Rate | | ---------- | ----------- | | Head of Immigration *(Qualified Solicitor-Advocate & Non-practising Barrister)* | £310 | | Solicitor | £310 | | Paralegal | £185 | | NB: Initial Conference Fee | £250 | The exact number of hours it will take depends on the circumstances in your case. Such as: - The amount of supporting evidence that we need to consider; - Which language(s) you speak; and - Whether you are applying with other dependants If you are able to provide sufficient evidence at our first meeting and clearly meet the applicable Immigration Rules, the cost is likely to be at the lower end of this range. What services are included? - Discussing your circumstances in detail and confirming whether this is the most appropriate application for you to make and what other options may be available to you; - Giving you advice about the requirements of the Immigration Rules and whether you meet the criteria; - If you do not fulfil certain criteria, whether this can be overcome and how, which on average takes 3-5 hours; - Considering the supporting evidence you have provided, which we anticipate will take 2 to 5 hours (the amount of hours depends on the number of documents, whether they need to be translated, whether anything is missing and how long it will take to obtain the missing documents; - Where necessary, helping you obtain further evidence (such as medical records and bank statements), including taking statements of any witnesses; - Preparing your application and submitting it on your behalf, which we anticipate will take 1 to 2 hours; - Attendance at a Home Office interview: if the Home Office ask you to attend an interview, we will give you clear advice (and discuss the possibility of us attending with you) at the appropriate time. This could be between 1 and 2 hours of work; and - Giving you advice about the outcome of the application and any further steps you need to take. Disbursements (not included in costs set out above): - The above costs represent an indicative fee for our advice only. In addition to our costs, you will be responsible for paying costs payable to another organisation which are incurred by us on your behalf. These are known as Disbursements; which are costs related to your matter that are payable to third parties, such as Home Office application fees, the Immigration Health Surcharge if applicable, Tribunal and Court fees, barristers’ fees, expert report fees, interpreter/translation costs, our travel costs (if we have to travel outside our office on your behalf, for example to a Tribunal hearing or to the Home Office) and courier costs. - More information about Home Office fees, including the Immigration Health Surcharge, can be found on the uk.gov site: [UK visa fees](https://www.gov.uk/government/publications/visa-regulations-revised-table) and [UK Healthcare Surcharge Fees](https://www.gov.uk/healthcare-immigration-application/how-much-pay). - The Home Office has recently introduced an online application scheme for many applications, and there are additional fees for various services with speedier processing times. The fees for the priority service are £500, and for the super priority service are £800.  The fee for the standard service depends on the type of application. - Interpreter / Translator charges vary, but typically they charge £25 – £150 per hour (including for travel time), + VAT if applicable. - The Home Office asks that all documents are translated by a certified translator. Translator fees vary but are typically between £90 to £109 per 1000 words + VAT depending on language and the complexity of the text. - Expert fees vary greatly, depending on the subject matter, but typically range from £750 to £5,000 + VAT if applicable. The costs quoted here do not include: - Any Home Office fees for making the application. You will pay this to the Home Office directly as part of the application process. - Where the Home Office refuse your application, advice and assistance in relation to any appeal. Timeframe: - We cannot guarantee how long the Home Office will take to process your application but UKVI do publish their Visa processing times which are typically 8 weeks but range from 'as quickly as possible' to 3 weeks to 8/12 weeks to 6 months. - You can check the current UK Visa processing times at: https://www.gov.uk/guidance/visa-processing-times-applications-inside-the-uk. - We will normally be able to submit your application within 2 to 4 weeks of you instructing us and providing all material and fees required, but we will let you know at the earliest opportunity if it is likely to take longer than this. Please note the anticipated number of hours and fees are an estimate based on the facts above. All applications are likely to vary in terms of time taken and of course, we can give you a more accurate estimate or fixed fee once we have more information about your specific case, for example after an initial fixed fee conference. ## Get in touch to book a discounted fixed fee immigration conference. --- # Test Source: https://immigrationandvisasolicitors.co.uk/test-2/ --- # UK Expansion Worker Visa: Your Gateway to Working in the UK Source: https://immigrationandvisasolicitors.co.uk/uk-expansion-worker-visa/ *Are you considering expanding your business to the United Kingdom? The UK Worker Expansion Visa could be your gateway to success. In this comprehensive guide, we will delve into the details of the UK Worker Expansion Visa, providing you with valuable insights and information to navigate the complexities of this visa category. Whether you are a senior manager or a specialist employee, understanding the eligibility criteria, application process, and benefits of this visa is essential for a smooth and successful expansion.* *The expansion worker visa is a UK visa that allows eligible foreign nationals to come to the UK to work in certain occupations. The visa is valid for two years and allows the holder to switch jobs and employers within that time. The expansion worker visa was introduced recently in response to the UK's vote to leave the European Union. The visa is part of the government's plans to expand the UK's skilled workforce and attract more investment from abroad. The expansion worker visa is open to citizens of any country except those on the Tier 5 (Youth Mobility Scheme) list of countries. To be eligible for the visa, applicants must have an offer of employment from a licensed sponsor and meet the English language requirements. The expansion worker visa allows holders to bring their spouse or partner and dependent children with them to the UK.* ## Eligibility and Requirements for the Expansion Worker Visa To be eligible for the UK Expansion Worker Visa, applicants must fulfil specific criteria. This visa is designed for senior managers or specialist employees of overseas businesses that have not yet commenced trading in the UK. It is important to note that if the business is already operating in the UK, alternative visa options such as the Senior or Specialist Worker visa should be explored. For citizens of the EU, Switzerland, Norway, Iceland, and Liechtenstein who started living in the UK before December 31, 2020, the EU Settlement Scheme may be applicable. However, it is crucial to understand the application deadlines. Irish citizens, on the other hand, do not require a visa or need to apply to the EU Settlement Scheme. ## Requirements Several requirements must be met to be considered for the UK Expansion Worker Visa. These include obtaining a valid Certificate of Sponsorship from the employer, having a work history with the employer outside the UK, and having a job that falls within the list of eligible occupations. Additionally, applicants must meet the minimum eligible salary required for their specific role. ## Duration and Extension The UK Expansion Worker Visa grants individuals the opportunity to stay in the UK for a predetermined period. The duration is generally determined by the start date indicated on the certificate of sponsorship, with the maximum period being 2 years. However, individuals can apply to extend their visa for an additional 12 months if they wish to stay longer in the UK. It is important to note that there are restrictions on the maximum time an individual can stay in the UK on certain visas. If an applicant has previously spent time in the UK on specific visas, the maximum stay on a UK Expansion Worker Visa might be affected. The allowed maximum is typically 5 years within any 6-year period. ## Application Process The application process for the UK Expansion Worker Visa involves applying online. The specific steps depend on whether the applicant is outside the UK and coming to the country, inside the UK and seeking to extend an existing visa, or inside the UK and switching from a different visa category. It is worth mentioning that eligible dependents, such as partners and children, can apply to join or remain in the UK with the main applicant. ## Cost of Applying for a UK Expansion Worker Visa Applicants, along with their partners and children, are required to pay an application fee and the healthcare surcharge for each year of their stay. Adequate personal savings must also be demonstrated. It is advisable to consult the official UK government website for the most up-to-date fee information. Regarding processing time, applicants can submit their visa application up to 3 months before their intended start date in the UK. The decision timeline typically ranges from 3 weeks for applicants outside the UK to 8 weeks for those already inside the UK. Expedited processing options are available for an additional fee, depending on the applicant's location. ## Work Opportunities in the UK with an Expansion Worker Visa The UK is a great place to work, and the expansion worker visa allows you to live and work in the UK for up to two years. There are many opportunities for work in the UK, and the expansion worker visa gives you the chance to experience working in a new country. There are many different types of jobs available in the UK, and the expansion worker visa allows you to apply for any type of job that you are qualified for. You can also apply for jobs that are not advertised, and you can even start your own business. The expansion worker visa also allows you to bring your family with you to the UK, and they can stay for up to six months. This is a great opportunity to spend time with your family while you are working in the UK. If you want to extend your stay in the UK, you can apply for an extension of your visa, or you can apply for permanent residency. The process is simple and straightforward, and it only takes a few weeks. Hence, if you are looking for an opportunity to live and work in the UK, then the expansion worker visa is a great option for you. There are many benefits of this visa, and it is a great way to experience working in a new country. ## Family Reunion and Dependents with an Expansion Worker Visa If you're planning to bring your family with you when you come to the UK on an Expansion Worker visa, there are a few things you need to know. First, your family members will need to apply for their own visas. You can't include them on your application. Second, they'll need to meet the same requirements as you do, including the English language requirement. Third, they'll need to show that they can support themselves financially while in the UK. Once your family members have their visas, they'll be able to join you in the UK. You can then all enjoy spending time together and exploring all that the UK has to offer. Just remember that dependent children will need to go to school, and adults will need to find work if they want to stay in the UK long-term. ## Rights and Restrictions of Holders of a UK Expansion Worker Visa Once granted the UK Expansion Worker Visa, individuals can enjoy several rights and privileges. They are permitted to work for their sponsoring employer in the job specified in their certificate of sponsorship. Furthermore, they can pursue studies, bring eligible dependents, engage in voluntary work, and travel freely abroad while being able to return to the UK. However, there are certain limitations to consider. Applicants should be aware that most public funds or the State Pension are unavailable to them. Changing jobs requires eligibility and updating the visa accordingly. It is also not permissible to have a second job or apply for settlement, also known as "indefinite leave to remain," while holding the UK Expansion Worker Visa. ## Renewing a UK Expansion Worker Visa If you're planning to renew your UK expansion worker visa, there are a few things you need to know. The first is that you must have held your previous visa for at least 12 months. If you haven't, you'll need to reapply for a new visa. Second, you'll need to show that you're still employed by the same company and in the same role as when you originally applied for the visa. If not, you may need to reapply for a new visa. You'll need to submit a new application form and supporting documents, including evidence of your employment and salary. Once your application is approved, you'll be issued a new visa valid for another 12 months. ## Conclusion The UK Expansion Worker Visa opens up significant business opportunities for individuals and companies looking to expand their operations into the United Kingdom. By understanding the eligibility criteria, application process, extension options, and fees associated with this visa category, you can navigate the immigration process with confidence. It is always advisable to seek professional advice from an immigration specialist or law firm to ensure that your application is properly prepared and meets all the requirements. Embark on your journey to business expansion in the UK today! ## Expert Immigration Solicitors for Skilled Work Visa Applicants Our immigration lawyers have extensive experience in preparing visa applications for Expansion Worker Visa applicants either in-country or out. Our immigration team can offer the following service: - Consultation with an immigration lawyer who can advise on the eligibility criteria of such an application; - Provide the applicant with a bespoke supporting documents list which will assist them in collating documents required for the application; - Prepare the relevant application form and detailed legal representations to accompany the application form (either in the UK or abroad); and - If required (and available) accompany the applicant to the visa centre so they can submit the application in person and in most circumstances, receive a decision on the same day. We are an [Immigration law firm based in Middle Temple, London](https://immigrationandvisasolicitors.co.uk/pages/contact/) and our solicitors are fully authorised by the [Solicitors Regulation Authority (SRA)](https://www.sra.org.uk/). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our [Contact Form](https://immigrationandvisasolicitors.co.uk/pages/contact/) or give us a call on 02030110276. --- # Innovator Founder Visa Source: https://immigrationandvisasolicitors.co.uk/business-work-points-cos-employer-sponsor-licence-ukvi-pbs/tier-1-innovator-visa-for-entrepreneurs/ # What Is The Innovator Founder Visa UK 2023? This is a new route introduced by the Home Office which took effect from **13 April 2023.** and replaces the old innovator visa. In order to be eligible for this new route, you must be able to show that your business idea is: - New - you cannot join a business that is already trading; - Innovative - you must have an original business idea which is different from anything else on the market, - Viable, with potential for growth, and; - Scalable - you must give evidence of planning that includes creating jobs and growing into national and international markets. You will need to get an [endorsing body](https://www.gov.uk/government/publications/endorsing-bodies-innovator-founder-and-scale-up-visas/innovator-founder-and-scale-up-visas-endorsing-bodies) to assess that your business idea meets the requirements. If your business meets the eligibility requirements, the endorsing body will issue you with an endorsement letter. Additionally, you must satisfy the following conditions to apply for the Innovator Founder visa: - Meet the English language requirement; - Be at least 18 years of age; - Provide evidence of sufficient personal savings to support yourself during your stay in the UK. Contact [Lexvisa](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) for advice on the specific requirements for a visa under this new route and whether meet these. ## Setting Up A New Business You will need to show you have sufficient investment funds and prove to the endorsing body it is enough to set up your business idea. You will also be required to prove the source of this funding. You may be exempt from proving investment funding where: - The business idea was endorsed for a previous visa, therefore, the business is already established, or; - You have changed your business and this has been agreed with your endorsing body. ## Evidencing Funds Before applying, extending or switching to a visa under this route, you must show you have held a minimum of £1,270 in your bank account for a period of 28 continuous days. Funds which cannot be used towards this application are: - Money from investment, or; - Money you have made whilst working in the UK unlawfully. Contact our specialist immigration Solicitors at [Lexvisa](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) for further information on the financial requirements for a visa under this route and how to prove them. ## English Language Requirement As part of applying for an Innovator Founder visa, you must show proof you meet the English language requirement. In order to do this, you must evidence your level of proficiency in the English language by: - Passing a Secure English Language Test (SELT) from an [approved provider](https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt); - Show certification of a GCSE, A level, Scottish National Qualification level 4 or 5, Scottish Higher or Advanced Higher in English gained through study at a UK school that you began when you were under 18; - You may provide a degree-level academic qualification that was taught in English (where you studied abroad) by applying for confirmation through [Ecctis](https://www.ecctis.com/visasandnationality) (formerly UK NARIC) that your qualification is equivalent to a UK bachelor’s degree, master’s degree or PhD. You may be exempt from this requirement if you are a national of a certain country. We advise [contacting Lexvisa](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) in order to learn whether you qualify for an exemption and for information on which documents you will need when applying under this route. # Your Dependants If eligible, your partner and children may apply to accompany or join you in the UK as dependants. In the event of a successful application, their visa will expire on the same date as yours. To be eligible as a “dependant”, you must be either: - The husband, wife, civil partner or unmarried partner of the applicant; - A child (under 18) of the applicant, even if they were born in the UK during the period of time you spent in the UK; - A child (over 18) of the applicant if they are presently in the UK as a dependant. You will be required to evidence your relationships with your dependants through certain documentation such as marriage or birth certificates. Speak to an expert immigration Solicitor at [Lexvisa](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) for clarity on the specific documentation you must show to the Home Office for the purposes of proving your relationship with your dependants. ## Switching Visas Your dependants will be unable to make an application to switch to a visa under this route if they already hold leave to be in the UK under one of the if they are: - A parent of a child who is on a child student visa; - On a short-term student visa; - On a visit visa; - On a domestic worker in a private household visa; - On a seasonal worker visa; - On immigration bail, or; - If they were given permission to stay outside of the immigration rules i.e. due to compassionate and compelling circumstances. When switching to a visa under this route, you will initially be granted 3 years leave. There are currently no restrictions on the amount of times you are able to extend once on this visa. ## Conditions For Dependants On This Visa Whilst on a visa under this route, your dependants are able to: - Carry out work (there are limitations to this); - Study; - Travel outside of the UK and return; - Make an application to settle indefinitely after living in the UK for 5 years (so long as other criterion are also met). # How Long Does UK Innovator Visa Take? Upon submitting your online application, providing all supporting documents and attending your biometrics appointment, you can expect to receive a decision within 3 weeks. However, if any of the following situations apply, your application may take longer to process, and you will be notified accordingly: - If you are applying jointly with a family member who requires an appointment, but you do not; - If your supporting documents require verification; - If you are required to attend an interview; - If your personal circumstances are complex, such as having a criminal conviction. In some instances, you may be eligible for the priority/super priority service, depending on whether you are applying from inside or outside the UK. These services mean you are able to receive a decision on your visa application in a shorter period of time, subject to an extra fee. [Contact Lexvisa](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/) to see if you qualify for these services. # Extending An Innovator Founder Visa Provided that you meet the eligibility criteria and are either operating an existing business in the UK or intend to establish a new one, you may typically apply for an extension of your Innovator Founder visa. You must note that extending your visa does not automatically renew the visa of your partner or child. Their visa will remain valid until the original expiration date if they do not apply for an extension. They may apply for an extension at the same time as you or before the expiry date of their current visa. You will also need to have your business / idea assessed by an endorsing body when you decide to extend. It is highly recommended to apply for an extension before your current visa expires. To read more on this new route, visit our dedicated article [here](https://immigrationandvisasolicitors.co.uk/home-office-updates-new-innovator-founder-route/). # Does Innovator Visa Lead to Indefinite Leave To Remain (“ILR”)? The Innovator Founder visa category provides applicants and their dependants with the option to settle in the UK after a mere 36 months. This expedited route to settlement is currently the quickest available, making it an appealing choice for entrepreneurs seeking to establish a long-lasting presence in the UK. The fast-tracked settlement path, coupled with the other benefits of the Innovator Founder visa category, generates a more favourable environment for entrepreneurs and motivates skilled individuals to bring their innovative business concepts to the UK. # Why Instruct Our Immigration Team? Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a spouse visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a spouse visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our [UK immigration and visa solicitors](https://immigrationandvisasolicitors.co.uk/) are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our[ Immigration Team](https://immigrationandvisasolicitors.co.uk/) so we can assess your case and arrange your legal consultation to discuss your visa application. Contact our [London immigration solicitors](https://immigrationandvisasolicitors.co.uk/) on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https:/immigrationandvisasolicitors.co.uk/contact-us/). a business in the United Kingdom. Applicants must show that their business is credible and viable and it must be endorsed by a respected and approved endorsing body (see below).  The  Innovator visa for experienced businesspeople seeking to establish a business presence in the United Kingdom. ## What are the key differences between the new Innovator visa and the former Tier 1 Entrepreneur visa? Unlike the Tier 1 Entrepreneur visa, Applicants who wish to apply for the Innovator Visa will no longer be required to invest at least £200,000 in their proposed business. The Home Office has introduced a significant change helping potential entrepreneurs by reducing the initial investment amount from £200,000 to £50,000 for new Applicants. The funding can come from any source and Applicants will not need any investment if their business is already established and has been endorsements for an earlier visa.  The funds must be held for a consecutive 90 day period with the last statement dated within 1 month from the date of submission. Paragraph INN 12.1 of the Immigration Rules confirms that there will be an English language requirement of B2. The Home Office will no longer carry out the Genuine Entrepreneur Test but this task will be delegated to the relevant endorsement body. This should make the actual visa application process straightforward. The main difference is the introduction of the “endorsement requirement” by a relevant business sponsor. ## How do I get a UK Innovator visa? As mentioned above, the Tier 1 Innovator visa is for entrepreneurs/business people who wish to set up and establish a business presence in the United Kingdom. The following requirements must be met: - Applicants must have a credible business idea; - Applicants must have at least £50,000 in cash to invest in their proposed business idea; - Applicants must meet the [English language requirement](https://www.gov.uk/tier-1-entrepreneur/knowledge-of-english) (Level B2) in accordance with Paragraph INN 12.1 of the Immigration Rules; - Applicants must meet the maintenance requirement of £945 and the hold the funds for 90 consecutive days; and - Applicants must receive a suitable endorsement (see below). The endorsement must be from an appropriate body which is expected to include some higher education institutions which meet the requirements. The endorsement bodies must have a proven track record of supporting entrepreneurs that are approved by the Home Office. A business plan will be required when applying for the endorsement. Applicants must meet the innovation, viability and scalability requirement to receive an endorsement. **Innovation** – Applicants must demonstrate that their business idea is genuine and original. The business idea can be for a tangible product-based business or a service-related business. **Viability** – Applicants must demonstrate that their business is practical and credible. Applicants would be required to show that they have the expertise or specialist knowledge of their chosen business field to enable the business to success. Applicants must prepare and submit a well-drafted business plan to show that the business has a clear vision and all the relevant considerations such as start-up costs, target market, market segmentation and competition have been taken into consideration. The business plan should also show the projected cash flow forecast for the first 3 years for the business. Information on other relevant factors such as strengths and weakness of the business and the impact of future growth/decline of the business sector they wish to operate in. **Scalability** - Applicants must show that their business idea will benefit the economy in the United Kingdom and the business will contribute to job creation and growth into relevant markets. **Home Office fee for Innovator visa** – The Home Office application fee remains the same as the old Tier 1 Entrepreneur visa £1021 (entry clearance) and £1277 (switch in-country). IHS is currently £624 per year. ## Applying for an Innovator visa as a team of 2 or more Similar to the former Tier 1 Entrepreneur visa, it is possible for a team of 2 or more individuals to apply together for a Tier 1 Innovator visa for the same business. Applicants do not need to be the sole founders of the business in question as long as the founder is also applying for the visa at the same time. Applications submitted on the basis of an innovator team require extra legal submissions, as it is important to clarify what each Applicant will bring to the business. Each Applicant must obtain an endorsement in their own right, as endorsements cannot be shared. In addition to this, each Applicant must show that they have at least £50,000 available to invest in the business i.e. if there is a team of three innovators each must have £50,000 totaling to £150,000. ## Can you switch to the Innovator visa? The simple answer is yes. This is the most frequent question asked by our new or existing clients. However, it should be noted that you can only switch into an Innovator visa if were last granted valid leave on any of the following: - [Start-up](https://immigrationandvisasolicitors.co.uk/tier-1-start-up-new/) migrant; - Tier 1 ([Graduate Entrepreneur](https://immigrationandvisasolicitors.co.uk/graduate-entrepreneur/)) migrant; - Tier 1 ([Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/)) migrant; - Skilled Worker migrant; or - A visitor who has been undertaking permitted activities as a prospective entrepreneur. If you were not last granted leave in any of the above you will need to apply for entry clearance from your home country or any other country where you have valid immigration status. ## Will there be settlement (indefinite leave to remain) options under the Innovator visa? Similar to the Tier 1 Entrepreneur visa there will be a settlement (indefinite leave to remain) option for Applicants. There is a fast-tracked settlement route for Innovators who are able to meet the following requirements (at least two must be met): - Applicants must have invested at least £50,000 in their business; - The business must have created at least 10 full-time jobs for resident workers; - The business must have created 5 full-time jobs for resident workers with a minimum salary of £25,000; - The business must have generated gross revenue of at least £1 million; - The business must show that there has been an increase in the number of business customers; - The business has contributed to valuable research and development and has applied for intellectual property protection in the United Kingdom; or - The business is generating a minimum of £500,000 with £100,000 from exporting overseas. ## Using our Immigration Solicitors in London to submit a successful Innovator Visa application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for an Innovator Visa. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications, which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Innovator application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Innovator Visa applications with our Immigration Solicitors in London Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Innovator Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an Innovator Visa application and ensure that you get all the necessary points under the Points Based System. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an Innovator Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://immigrationandvisasolicitors.co.uk/contact-us/) --- # EU Nationals Post-Brexit Source: https://immigrationandvisasolicitors.co.uk/eu-nationals-post-brexit/ * On 1 January 2021, the Home Office published a [new points-based immigration system](https://www.gov.uk/guidance/the-uks-points-based-immigration-system-information-for-eu-citizens) for EU nationals. The new system prioritises skills and talent over where a person comes from. For the first time in over a decade, EU nationals and non-EU nationals must use the same set of [Immigration Rules](https://www.gov.uk/guidance/immigration-rules) to submit a visa application. From 1 January 2021, EU nationals who do not have rights under the Withdrawal Agreement will need to obtain a visa before travelling to the UK. There has been a lot of speculation regarding what EU nationals must do to work and reside in the UK and we provide an overview below to help EU nationals understand what options are available to them. *         ## EU nationals who wish to work in the UK EU, EEA, and Swiss nationals must now apply for a [UK Skilled Worker visa](https://immigrationandvisasolicitors.co.uk/apply-new-skilled-worker-visa-2020-immigration-lawyers-london/) to work in the UK, unless they arrived in the UK before 1 January 2021. In order to apply for a Skilled Worker visa, applicants must show that they have been offered a job in the UK from an employer who holds a valid Sponsor Licence. Migrants must show that their job meets the relevant minimum salary threshold by the sponsor (normally £25,600 or the going rate for their particular job, whichever is higher). Migrants must show that they speak English at the intermediate level at B1 (on the Common European Framework of Reference for languages). Migrants who will earn less than £25,600 but no less than £20,480 may still be able to apply by ‘trading’ points for specific characteristics against their salary.   ## Business visas for EU Nationals from 1 January 2021 EU, EEA, and Swiss nationals can apply for a business visa such as the [Innovator](https://immigrationandvisasolicitors.co.uk/tier-1-innovator-visa-for-entrepreneurs/), [Start-up](https://immigrationandvisasolicitors.co.uk/tier-1-start-up-new/), or [Global Talent](https://immigrationandvisasolicitors.co.uk/business-work-points-cos-employer-sponsor-licence-ukvi-pbs/global-talent-visa/) visa under the new points-based system. The Innovator visa is for high net worth business persons looking to establish a new innovative business in the UK and must have £50,000 to invest into the business and have been endorsed by an appropriate body. The Start-up visa is similar to the Innovator visa but there is no requirement to show the investment sum of £50,000. The key difference between the two visas is that the Start-up visa requires migrants to show that they have received an endorsement from a UK higher education institute or a business organisation with a history of supporting UK entrepreneurs. There is also no route to settlement through the Start-up visa, whereas there is through the Innovator visa. The [Global Talent visa](https://immigrationandvisasolicitors.co.uk/business-work-points-cos-employer-sponsor-licence-ukvi-pbs/global-talent-visa/) allows the most highly skilled to come to the UK without a job offer. This route allows recognised global leaders, and the leaders of tomorrow in science, humanities, engineering, the arts (including film, fashion design, & architecture), and digital technology, with individuals’ unique skills enriching the UK’s knowledge, economy, and society. It is possible for top scientists and researchers to benefit from a quicker endorsement process as part of a fast-track STEM scheme process. ## EU Nationals who wish to study in the UK EU, EEA, and Swiss nationals must now apply for a [Student visa](https://immigrationandvisasolicitors.co.uk/student-visa-sponsor-licence/) if they wish to study in the UK (unless it's for a short-term course is less than 6 months). Students must have been offered a place by an institution that holds a valid Student Sponsor Licence. Students must also show that they can read, speak, and write in English. Students must also show that have enough money to meet the maintenance requirement and to pay for their course upfront. There is a separate Child Student visa for child students aged 4 to 17 years old who wish to study at an independent school. ## How can EU nationals apply to bring their family members to the UK? EU, EEA, and Swiss nationals can apply for their family members (spouses, fiancés, unmarried partners, and children) to join them in the UK. If the relationship started after 31 December 2020, applications must be submitted under [Appendix FM to the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members). In order to apply under Appendix FM, EU nationals must show that there is a genuine and subsisting relationship with the Applicant. The Applicant must also show that they meet the minimum income requirement of £18,600 from a specified source under Appendix FM SE to the Immigration Rules and meet the English language at the intermediate level at A1 (on the Common European Framework of Reference for languages). The Home Office takes a strict approach when assessing the evidential requirements and therefore these applications must be carefully prepared to avoid refusals. Applicants who are successful under Appendix FM will be granted 2.5 years which can be extended for a further 2.5 years. After 5 years, Applicants can apply for indefinite leave to remain (settlement) in the UK. Following this can consider an application for British citizenship. If you do not meet any of the requirements under Appendix FM you can still submit an application and ask the Home Office to exercise discretion to grant your application under the 10-year settlement route. ## EU Nationals whose relationship with their family member started prior to 31 December 2020 EU, EEA, and Swiss nationals who can show their relationship with their family member started prior to 31 December 2020 and if that relationship continues to exist at the date of the application, then they may be able to apply under [Appendix EU to the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-eu). In theory, applications under Appendix EU are much more straightforward as the requirements are not as stringent as applications under Appendix FM to the Immigration Rules. Applicants who are successful will be granted indefinite leave to enter or remain or limited leave to enter or remain. ## Do EU Nationals need a visa for a short visit of fewer than 6 months? EU, EEA, and Swiss nationals may visit the UK for up to 6 months without a visa as long as they are genuine visitors. There are a number of activities they can participate in whilst in the UK such as tourism, visiting family and friends, short-term study, and business-related activities, such as meetings, events, and conferences. ## Who is exempt from the New Points Based System? EU, EEA, and Swiss nationals who arrived and started living in the UK before 1 January 2021 are exempt from the new points-based system and can apply under the EU Settlement Scheme (EUSS) to apply for Pre-settled Status or Settled Status. However, applications under the EUSS must be submitted before the deadline of 30 June 2021. Anyone who fails to submit an application under the EUSS by the deadline will need to then apply under the new points-based system. Irish citizens’ status continues to be protected as part of Common Travel Area arrangements.  ## How our immigration solicitors can help EU Nationals with a visa application Our immigration solicitors in London specialise in all visa applications and prepare applications to the highest standard. We have an impeccable track history of submitting successful visa applications for a range of different clients in different categories. The key to submitting successful applications is being aware of the relevant Immigration Rules. Our immigration solicitors in London guide Applicants through the requirements and prepare detailed legal submissions in support of the application ensuring a successful result. In addition to the legal representations, our team of solicitors also provides multiple substantial reviews of the application bundle to ensure that the correct documentary evidence is submitted. We also prepare and assist with the submission of the application. ## Using our immigration solicitors to submit a visa application as an EU National Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a visa application as an EU National. Caseworkers at the Home Office are trained to reject applications, which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your visa application meets the Immigration Rules. ## Successful visa application as an EU National with our immigration solicitors Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice, and other central London courts. Preparation is the key to a successful visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our contact form. --- # Marrying in the UK on a Marriage Visitor Visa Source: https://immigrationandvisasolicitors.co.uk/marriage-visitor-visa-ukvi/ *The Marriage Visitor Visa allows an overseas national to come to the UK to get married, register a civil partnership, or give notice of marriage or civil partnership.* *This route is intended for people who want to marry or enter into a civil partnership in the UK but do not intend to remain in the UK afterwards. If you plan to settle in the UK with your partner after the ceremony, a Fiancé Visa, Proposed Civil Partner Visa or Spouse Visa may be more suitable.* *At [Lexvisa](https://immigrationandvisasolicitors.co.uk/), our immigration solicitors advise clients on [Marriage Visitor Visa applications](https://immigrationandvisasolicitors.co.uk/marriage-visitor-visa-ukvi/), [Marriage and Civil Partnership Visit Visas](https://immigrationandvisasolicitors.co.uk/uk-marriage-and-civil-partnership-visit-visa-a-complete-guide/), [Fiancé Visa applications](https://immigrationandvisasolicitors.co.uk/uk-fiance-marriage-visa/), [Fiancé Visa applications in 2026](https://immigrationandvisasolicitors.co.uk/fiance-visa-guide-2026/), [Spouse Visa applications](https://immigrationandvisasolicitors.co.uk/spouse-visa/) and [Standard Visitor Visa applications](https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/).* ## Who Should Apply for a Marriage Visitor Visa? You should apply for a Marriage Visitor Visa if you want to come to the UK to marry, register a civil partnership, or give notice of marriage or civil partnership, and you do not intend to stay in the UK after your visit. To qualify, you must usually show that: - you are aged 18 or over; - you are free to give notice, marry or enter into a civil partnership in the UK; - you are in a genuine relationship; - you intend to marry or enter into a civil partnership within six months of arrival; - you are visiting the UK for less than six months; - you will leave the UK at the end of your visit; - you will not live in the UK through frequent or successive visits; - you can support yourself during your trip; - you can pay for your return or onward journey; and - any other planned activities in the UK are allowed under the Visitor Rules. The Home Office will assess whether you are a genuine visitor. This means your application should clearly explain the purpose of your visit, your wedding or civil partnership plans, your financial circumstances and your intention to leave the UK. ## Do You Need a Marriage Visitor Visa? If you are a visa national, you must apply for a Marriage Visitor Visa before travelling to the UK. If you are a non-visa national, you may not need a visitor visa for a normal short visit. However, if your purpose is to marry, enter into a civil partnership, or give notice in the UK, you should apply for a Marriage Visitor Visa before travelling. Non-visa nationals may also need an Electronic Travel Authorisation before travel unless exempt. You can check the current ETA requirements on the [GOV.UK ETA page](https://www.gov.uk/eta). ## Marriage Visitor Visa or Fiancé Visa? The Marriage Visitor Visa and Fiancé Visa both allow a person to come to the UK to marry or enter into a civil partnership, but they are used for different purposes. A Marriage Visitor Visa is suitable where you intend to come to the UK for the ceremony and then leave the UK. You cannot switch from a Marriage Visitor Visa to a Spouse Visa from inside the UK. A [Fiancé Visa](https://immigrationandvisasolicitors.co.uk/uk-fiancee-and-proposed-civil-partner-visa/) is suitable where you intend to marry or enter into a civil partnership in the UK and then remain in the UK with your partner. After the marriage or civil partnership, you may be able to apply from inside the UK to switch to a [Spouse Visa](https://immigrationandvisasolicitors.co.uk/uk-spouse-visa/), provided the requirements of [Appendix FM](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members) are met. As of June 2026, the financial requirement for most new partner applications under Appendix FM is £29,000. This does not apply to Marriage Visitor Visa applications, but it may be relevant if you plan to settle in the UK with your partner. Choosing the wrong route can cause serious problems. If your intention is to remain in the UK after the ceremony, the Marriage Visitor Visa is usually not the correct route. ## What Can You Do on a Marriage Visitor Visa? On a Marriage Visitor Visa, you can: - marry in the UK; - enter into a civil partnership in the UK; - give notice of marriage or civil partnership in the UK; - visit the UK for up to six months; and - carry out other visitor activities permitted under the Visitor Rules. You can marry or register a civil partnership at a venue licensed for that purpose, subject to the requirements of the relevant register office or authority. ## What You Cannot Do on a Marriage Visitor Visa A Marriage Visitor Visa does not allow you to: - work in the UK; - study in the UK except where permitted under the Visitor Rules; - access public funds; - live in the UK through frequent or successive visits; - bring dependants on the same application; - extend your stay beyond six months; - switch into a Spouse Visa or other long-term route from inside the UK; or - make the UK your main home. Each family member or guest travelling with you must apply for their own visa or travel permission where required. ## How Long Does a Marriage Visitor Visa Last? A Marriage Visitor Visa allows you to visit the UK for up to six months. You must marry, enter into a civil partnership or give notice during the period of your visit. You must then leave the UK before your permission expires. Unlike some long-term visitor visas, the Marriage Visitor Visa is specifically linked to the purpose of marrying, registering a civil partnership or giving notice in the UK. It does not lead to settlement. ## When Should You Apply? The earliest you can usually apply for a Marriage Visitor Visa is three months before you travel to the UK. You should allow enough time for the visa application, biometric appointment, travel planning and any notice period required before the ceremony. Standard processing times can vary depending on the country of application and available priority services. Applicants should always check the current processing position on GOV.UK before applying. ## Common Reasons for Marriage Visitor Visa Refusals Marriage Visitor Visa applications can be refused where the Home Office is not satisfied with the purpose of the visit or the applicant’s intention to leave the UK. Common refusal reasons include: - weak evidence of wedding or civil partnership plans; - concerns that the relationship is not genuine; - unclear financial evidence; - lack of evidence of ties outside the UK; - previous immigration issues; - suspicion that the applicant intends to settle in the UK; - applying for the wrong visa route; and - inconsistent information in the application. Lexvisa can assess your circumstances and advise whether the Marriage Visitor Visa, Fiancé Visa, Spouse Visa or another route is more appropriate. ## How Lexvisa Can Help Lexvisa assists with Marriage Visitor Visa applications, Fiancé Visa applications, Spouse Visa applications and visitor visa refusals. Our immigration solicitors can advise on: - whether the Marriage Visitor Visa is the correct route; - whether you need a visa or ETA before travel; - the difference between a Marriage Visitor Visa and Fiancé Visa; - how to present your wedding or civil partnership plans; - visitor visa eligibility and genuine visitor concerns; - previous refusals; - supporting documents; and - alternative UK family visa routes. We also advise on related matters including [switching from a Fiancé Visa to a Spouse Visa](https://immigrationandvisasolicitors.co.uk/switching-from-a-uk-fiance-visa-to-a-spouse-visa/), [Spouse Visa extensions](https://immigrationandvisasolicitors.co.uk/uk-spouse-visa-extension-application-2026/), [Standard Visitor Visas](https://immigrationandvisasolicitors.co.uk/apply-standard-visitor-visa-uk/) and wider [UK visit visa applications](https://immigrationandvisasolicitors.co.uk/category/standard-visitor-visa/). ## FAQs ### What is a Marriage Visitor Visa? A Marriage Visitor Visa allows you to come to the UK to marry, register a civil partnership, or give notice of marriage or civil partnership, provided you intend to leave the UK afterwards. ### Can I stay in the UK after getting married on a Marriage Visitor Visa? No. You must leave the UK before your visa expires. You cannot switch from a Marriage Visitor Visa to a Spouse Visa from inside the UK. ### Should I apply for a Marriage Visitor Visa or Fiancé Visa? If you only want to marry in the UK and then leave, a Marriage Visitor Visa may be suitable. If you want to marry and then remain in the UK with your partner, a Fiancé Visa may be more appropriate. ### Can I work in the UK on a Marriage Visitor Visa? No. You cannot work in the UK on a Marriage Visitor Visa. ### Can I study on a Marriage Visitor Visa? Study is limited and must be permitted under the Visitor Rules. If study is the main reason for your visit, a different visa may be required. ### How long can I stay in the UK on a Marriage Visitor Visa? You can stay in the UK for up to six months. ### When can I apply for a Marriage Visitor Visa? You can usually apply up to three months before your intended date of travel to the UK. ### Do EU citizens need a Marriage Visitor Visa? EU citizens and other non-visa nationals may not need a visa for ordinary short visits, but if the purpose is to marry, enter a civil partnership or give notice in the UK, they should apply for a Marriage Visitor Visa before travelling. They may also need an ETA unless exempt. ### Can my family come with me on a Marriage Visitor Visa? Family members cannot be included as dependants on your Marriage Visitor Visa application. They must apply separately for the correct visa or travel permission if they wish to visit the UK. ### Does a Marriage Visitor Visa lead to settlement? No. The Marriage Visitor Visa does not lead to settlement. If you wish to settle in the UK with your partner, you should consider the Fiancé Visa or Spouse Visa route. ## Contact Lexvisa If you are planning to marry or enter into a civil partnership in the UK, contact Lexvisa for specialist immigration advice. Lexvisa is the immigration law division of [DJF Solicitor Group](https://www.djfsolicitors.co.uk/services/immigration-law). Call 02030110276 or complete our [online enquiry form](https://immigrationandvisasolicitors.co.uk/contact-us/) to speak with our immigration team. --- # Section 3C Leave and How it Protects Your Immigration Status Source: https://immigrationandvisasolicitors.co.uk/section-3c-leave-and-how-it-protects-your-immigration-status/ Section 3C leave is an important protection in UK immigration law. It can prevent a person from becoming an overstayer where they make a valid, in-time application to extend or vary their immigration permission before their current visa expires. In simple terms, section 3C leave can automatically extend your existing permission while you wait for a Home Office decision. It may also continue while an appeal or administrative review is pending, where the relevant conditions are met. The rule is found in [section 3C of the Immigration Act 1971](https://www.legislation.gov.uk/ukpga/1971/77/section/3C). The Home Office also publishes guidance on [3C and 3D leave](https://www.gov.uk/government/publications/3c-and-3d-leave). At [Lexvisa](https://immigrationandvisasolicitors.co.uk/), our immigration solicitors advise clients on [section 3C leave](https://immigrationandvisasolicitors.co.uk/section-3c-limbo-leave/), [visa extension applications](https://immigrationandvisasolicitors.co.uk/category/visa-extension/), [leave outside the Immigration Rules](https://immigrationandvisasolicitors.co.uk/discretionary-leave-to-remain-outside-the-immigration-rules/), [human rights applications](https://immigrationandvisasolicitors.co.uk/human-rights-claims-in-uk-immigration/) and [immigration appeals](https://immigrationandvisasolicitors.co.uk/uk-immigration-appeals/). ## What Is Section 3C Leave? Section 3C leave is a statutory extension of a person’s existing limited leave. It can apply where a person has limited leave to enter or remain in the UK, makes a valid application to extend or vary that leave before it expires and their leave expires before the Home Office decides the application. If section 3C applies, the person remains lawfully in the UK while the application is pending. This can be vital for preserving lawful residence, work rights, study rights and the ability to rent, depending on the conditions attached to the person’s previous leave. Section 3C leave does not create a new visa route. It continues the person’s previous leave on the same conditions until the legal process ends. ## When Does Section 3C Leave Apply? Section 3C leave can apply where all of the following are met: - the person has limited leave to enter or remain in the UK; - they make an application to vary or extend that leave before it expires; - the application is valid; - the previous leave expires before the application is decided; and - the application has not been decided or withdrawn. This means timing and validity are critical. If an application is submitted after the visa has expired, section 3C leave will not usually arise. If an application is rejected as invalid, section 3C leave may not protect the applicant. ## What Conditions Apply During Section 3C Leave? During section 3C leave, the conditions of your previous immigration permission usually continue. For example, if your previous visa allowed you to work, you may normally continue working on the same conditions while section 3C leave continues. If your previous visa restricted work, study or access to public funds, those restrictions normally continue as well. Employers may need to use the Home Office [Employer Checking Service](https://www.gov.uk/employee-immigration-employment-status) to confirm an employee’s right to work where their physical or digital immigration evidence has expired but they claim to have section 3C leave. ## Section 3C Leave and Appeals Section 3C leave may continue after a refusal if the applicant has an in-country right of appeal and the appeal is brought within the relevant deadline. It can also continue while the appeal is pending. An appeal is usually treated as pending until it has been finally determined, withdrawn or abandoned. If an appeal is lodged late, the position can become more complex. The Tribunal may accept a late appeal, but there may be legal and practical issues about whether section 3C leave continued throughout the period. Applicants should seek legal advice urgently if a deadline has been missed. Lexvisa advises on [immigration appeals](https://immigrationandvisasolicitors.co.uk/uk-immigration-appeals/), [First-tier Tribunal appeals](https://immigrationandvisasolicitors.co.uk/first-tier-tribunal-immigration-appeal/) and [Upper Tribunal immigration appeals](https://immigrationandvisasolicitors.co.uk/upper-tribunal-immigration-appeals/). ## Section 3C Leave and Administrative Review Where a refusal carries a right to administrative review, section 3C leave may continue while an administrative review could be requested and while it is pending. However, section 3C leave will not continue indefinitely. It is important to act within the relevant time limits and take advice before submitting a further application, appeal or administrative review. You can read the Home Office guidance on [administrative review](https://www.gov.uk/ask-for-a-visa-administrative-review). ## Travel Outside the UK During Section 3C Leave A person should be extremely cautious about travel while they have section 3C leave. Under the legislation, section 3C leave ends if the person leaves the UK. If you travel while your application, appeal or administrative review is pending, your leave may lapse and your application may be treated as withdrawn. This can affect your ability to return to the UK, your lawful residence and any future immigration application. Legal advice should be taken before making travel plans. ## Common Problems With Section 3C Leave Section 3C leave can be lost or may never arise if the application was not made correctly. Common issues include: - submitting an application after the visa expiry date; - submitting an invalid application; - failing to enrol biometrics or complete identity checks when required; - withdrawing an application; - making the wrong type of application; - leaving the UK while the application is pending; - missing an appeal or administrative review deadline; and - misunderstanding the conditions that apply during section 3C leave. These issues can have serious consequences, including overstaying, loss of work rights, interruption of lawful residence and future visa complications. ## Can Section 3C Leave Be Cancelled? Yes. Section 3C leave can be cancelled in certain circumstances, including where the person breaches conditions or where cancellation grounds apply under the Immigration Rules and relevant legislation. If the Home Office takes action to cancel leave or alleges that section 3C leave does not apply, legal advice should be sought urgently. ## Why Section 3C Leave Matters for Long Residence and Settlement Section 3C leave can be important for applicants relying on continuous lawful residence, including those applying for [long residence ILR](https://immigrationandvisasolicitors.co.uk/10-years-long-residence-ilr/), [indefinite leave to remain](https://immigrationandvisasolicitors.co.uk/ilr-indefinite-leave-to-remain-uk/) or [settlement](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/). A gap in lawful status can affect eligibility for settlement. This is why applicants should check their visa expiry date carefully and submit a valid application before their current permission expires. ## How Lexvisa Can Help Lexvisa assists clients with applications and legal issues involving section 3C leave. Our immigration solicitors can advise on: - whether section 3C leave applies; - urgent visa extension applications; - invalid application issues; - appeal and administrative review deadlines; - right to work concerns; - travel risks while an application is pending; - leave outside the Immigration Rules; - human rights applications; and - long residence and settlement implications. We can also help where a person has already overstayed, missed a deadline or received a refusal from the Home Office. ## FAQs ### What is section 3C leave? Section 3C leave is a statutory extension of a person’s existing immigration permission where they make a valid, in-time application to extend or vary their leave before it expires. ### Does section 3C leave happen automatically? Yes, where the legal requirements are met. However, it only applies if the application is valid and submitted before the current leave expires. ### Can I work while on section 3C leave? Usually, the conditions of your previous visa continue. If your previous visa allowed work, you may normally continue working on the same terms while section 3C leave applies. ### Can I study while on section 3C leave? If your previous permission allowed study, that condition will usually continue during section 3C leave. ### Can I travel outside the UK on section 3C leave? You should not travel without legal advice. Section 3C leave ends if you leave the UK while your application, appeal or administrative review is pending. ### What happens if my application is invalid? If your application is invalid, section 3C leave may not arise. This can mean you become an overstayer from the date your previous leave expired. ### Does section 3C leave continue after a refusal? It may continue if you have an in-country right of appeal or administrative review and you act within the relevant deadline. ### Can section 3C leave be cancelled? Yes. Section 3C leave can be cancelled in certain circumstances, including where the Home Office considers that cancellation grounds apply. ### Does section 3C leave count as lawful residence? Yes, section 3C leave is lawful leave and may be relevant for continuous lawful residence, including long residence and settlement applications. ### Can Lexvisa help if I am unsure whether I have section 3C leave? Yes. Lexvisa can review your immigration history, application dates and Home Office correspondence to advise whether section 3C leave applies. ## Contact Lexvisa If you are concerned about your visa expiry date, pending application, right to work, appeal deadline or section 3C leave, contact Lexvisa for specialist immigration advice. Lexvisa is the immigration law division of [DJF Solicitor Group.](https://www.djfsolicitors.co.uk/services/immigration-law) Call 02030110276 or complete our [online enquiry form](https://immigrationandvisasolicitors.co.uk/contact-us/) to speak with our immigration team. --- # No Time Limit (NTL) Application Guide Source: https://immigrationandvisasolicitors.co.uk/no-time-limit-ntl-application-guide/ *As the UK Home Office transitions to [eVisas](https://immigrationandvisasolicitors.co.uk/evisas-transition-from-brp-cards-to-digital-immigration-status/), individuals with "legacy" immigration documents issued before biometric residence permits (BRPs) need to take extra steps to secure their status. Making a No Time Limit (NTL) application is essential for replacing outdated documentation with a BRP, confirming your indefinite leave to enter or remain in the UK. This guide will explain the NTL application process, why it is important and how our [expert immigration solicitors at Lexvisa](https://immigrationandvisasolicitors.co.uk/) can assist you.* # No Time Limit Application Guide A No Time Limit application is used by a person with indefinite leave to enter or indefinite leave to remain in the UK to obtain digital confirmation of their status. As of June 2026, the Home Office confirms indefinite leave through an eVisa. This is part of the UK’s move away from physical immigration documents, including passport stamps, vignette stickers and older paper documents. A No Time Limit application does not grant new immigration status. It confirms existing indefinite leave where a person already has indefinite leave to enter or remain and needs updated proof of that status. At [Lexvisa](https://immigrationandvisasolicitors.co.uk/), our immigration solicitors advise on [No Time Limit applications](https://immigrationandvisasolicitors.co.uk/no-time-limit-ntl-application-guide/), [indefinite leave to remain](https://immigrationandvisasolicitors.co.uk/ilr-indefinite-leave-to-remain-uk/), [settlement and ILR](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/), [eVisas](https://immigrationandvisasolicitors.co.uk/evisas-transition-from-brp-cards-to-digital-immigration-status/) and [Returning Resident applications](https://immigrationandvisasolicitors.co.uk/restoring-indefinite-leave-to-remain-for-returning-residents/). ## What Is a No Time Limit Application? A No Time Limit application, often called an NTL application, is an administrative process for people who already hold indefinite leave to enter or indefinite leave to remain. The application allows the Home Office to confirm that status digitally through an eVisa. This can make it easier to prove your right to work, rent, study, travel and access services in the UK. The Home Office guidance on [indefinite leave to remain in the UK](https://www.gov.uk/guidance/indefinite-leave-to-remain-in-the-uk) confirms that people who believe they have ILR or ILE but do not have a document to prove it can make a No Time Limit application for confirmation of status in the form of an eVisa. ## Who Can Apply for No Time Limit? You may be able to apply if you have indefinite leave to enter or remain in the UK and need digital confirmation of that status. This may apply where your proof of indefinite leave is an old-style document, such as a passport stamp, vignette sticker, status letter or other non-digital immigration document. It may also be relevant where the passport or document containing your indefinite leave endorsement has been lost, stolen or expired. Some people are settled in the UK but have no current document proving their status. This can include people who were treated as settled under historical immigration provisions. In these cases, an NTL application may be used to ask the Home Office to confirm existing indefinite leave. You may also need an NTL application if you have legitimately changed your identity since being granted indefinite leave and want your digital status to reflect your current details. ## Who Should Not Make an NTL Application? You should not make an NTL application if you already have an eVisa. The Home Office guidance states that if a person already has an eVisa, they should not make an NTL application and any NTL application may be voided. You should also check carefully before applying if you have status under the [EU Settlement Scheme](https://immigrationandvisasolicitors.co.uk/eu-nationals-post-brexit/) or if you previously held a BRP and need to access your eVisa through a UKVI account instead. The GOV.UK guidance on [eVisas](https://www.gov.uk/evisa) explains how to access and use online immigration status. ## Has Indefinite Leave Been Lost? Before granting NTL confirmation, the Home Office will consider whether your indefinite leave has been lost, lapsed or revoked. In many cases, indefinite leave can lapse if a person has been absent from the UK for a continuous period of more than two years, although the rules can vary depending on the person’s immigration status and circumstances. If your indefinite leave may have lapsed due to a long absence, you may need advice on whether a [Returning Resident application](https://immigrationandvisasolicitors.co.uk/restoring-indefinite-leave-to-remain-for-returning-residents/) is more appropriate. The Home Office caseworker guidance on [travel documents and No Time Limit applications](https://www.gov.uk/government/publications/travel-documents-no-time-limit) explains how caseworkers assess whether indefinite leave has been lost. ## How to Apply for No Time Limit Status NTL applications are made online from inside the UK. The application is currently free. You will need to provide identity information and details of your immigration history. If you have old documents showing indefinite leave, these should usually be provided as part of the application. Where documents are missing, the Home Office may check internal records. However, the application can become more complex if there are gaps in the evidence, identity changes, old passports, long absences or incomplete Home Office records. Dependants may be included only if they also have indefinite leave and meet the relevant requirements. ## Why an eVisa Matters An eVisa is a digital record of immigration status. It can be used to generate share codes for employers, landlords and other organisations that need to check your status. For people with old ILR documents, an eVisa can reduce practical problems when proving the right to work, right to rent or ability to return to the UK after travel. The move to eVisas does not change a person’s underlying immigration status. It changes how that status is proved. ## Common Issues in NTL Applications NTL applications can become difficult where the applicant cannot locate old immigration records, has changed name or nationality, has long absences from the UK, or has inconsistent personal details across documents. Issues can also arise where the Home Office cannot locate a historical record of indefinite leave, or where there is a question about whether indefinite leave has lapsed. Lexvisa can assess your circumstances before submission and advise on how best to present your application. ## How Lexvisa Can Help Lexvisa assists clients with No Time Limit applications, eVisa issues and proof of indefinite leave. Our immigration solicitors can advise on: - whether an NTL application is the correct route; - whether you already have access to an eVisa; - old passport stamps, vignettes and status letters; - missing immigration documents; - identity or name changes; - long absences from the UK; - possible lapsed indefinite leave; - Returning Resident options; and - Home Office requests for further information. We also advise on related matters including [ILR applications](https://immigrationandvisasolicitors.co.uk/ilr-indefinite-leave-to-remain-uk/), [British citizenship by naturalisation](https://immigrationandvisasolicitors.co.uk/british-citizenship-by-naturalisation/), [British citizenship registration](https://immigrationandvisasolicitors.co.uk/british-citizenship-registration-guide/) and [eVisa transition issues](https://immigrationandvisasolicitors.co.uk/evisas-transition-from-brp-cards-to-digital-immigration-status/). ## FAQs ### What is a No Time Limit application? A No Time Limit application is used by someone who already has indefinite leave to enter or remain to obtain digital confirmation of that status in the form of an eVisa. ### Does an NTL application grant ILR? No. An NTL application does not grant new indefinite leave. It confirms existing indefinite leave where the applicant can show they already hold that status. ### Do NTL applications still result in a BRP? No. As of June 2026, successful NTL applications result in confirmation of status as an eVisa, not a new BRP. ### Is a No Time Limit application free? Yes. NTL applications are currently free. ### Can I apply for NTL from outside the UK? No. NTL applications must be made from inside the UK. ### Should I apply for NTL if I already have an eVisa? No. If you already have an eVisa, you should not make an NTL application. ### What if my ILR document is lost or expired? You may be able to apply for NTL if the passport or document confirming your indefinite leave has been lost, stolen or expired. ### Can ILR be lost after time outside the UK? Yes. Indefinite leave can normally lapse after a continuous absence from the UK of more than two years, although different rules may apply in some cases. ### What if my ILR has lapsed? If your indefinite leave has lapsed, you may need to consider a Returning Resident application rather than an NTL application. ### Can Lexvisa help with an NTL application? Yes. Lexvisa can review your immigration history, advise whether NTL is the correct route, prepare the application and respond to Home Office enquiries. ## Contact Lexvisa If you need to confirm your indefinite leave, obtain an eVisa or resolve issues with old immigration documents, contact Lexvisa for specialist immigration advice. Lexvisa is the immigration law division of [DJF Solicitor Group](https://www.djfsolicitors.co.uk/services/immigration-law). Call 02030110276 or complete our [online enquiry form](https://immigrationandvisasolicitors.co.uk/contact-us/) to speak with our immigration team. --- # Guide to Civil Penalties for Illegal Work in the UK Source: https://immigrationandvisasolicitors.co.uk/guide-to-civil-penalties-for-illegal-work-in-the-uk/ *Civil penalties for illegal working are a major risk for UK employers. The Home Office can issue substantial financial penalties where a business employs a person who does not have the right to work in the UK, or who is working in breach of their immigration conditions.* *As of June 2026, employers can face penalties of up to £45,000 per illegal worker for a first breach and up to £60,000 per illegal worker for a repeat breach within three years. If your business has received a Civil Penalty Notice, or if you want to reduce the risk of Home Office enforcement, it is important to act quickly and obtain specialist advice.* *At [Lexvisa](https://immigrationandvisasolicitors.co.uk/), our immigration solicitors advise employers on [civil penalties for illegal working](https://immigrationandvisasolicitors.co.uk/civil-penalties-guidance-for-uk-employers/), right to work compliance, Home Office investigations and sponsor licence risks.* ## What Is a Civil Penalty for Illegal Working? A civil penalty is a financial sanction issued by the Home Office where an employer is found to have employed someone who is not permitted to work in the UK. The legal framework is set out under [section 15 of the Immigration, Asylum and Nationality Act 2006](https://www.legislation.gov.uk/ukpga/2006/13/section/15). An employer may be liable if they employ a person who: - does not have permission to enter or remain in the UK; - has permission that is invalid or has expired; - is not allowed to work in the UK; or - is working in breach of restrictions attached to their immigration permission. Employers are expected to carry out compliant right to work checks before employment begins and, where required, follow-up checks during employment. ## How Much Is the Civil Penalty? Under the current [Home Office code of practice on preventing illegal working](https://www.gov.uk/government/publications/illegal-working-penalties-codes-of-practice-for-employers), the starting point for a civil penalty is: - £45,000 per illegal worker for a first breach; and - £60,000 per illegal worker for a repeat breach within three years. The final amount may be reduced if the employer can show relevant mitigating factors, such as reporting suspected illegal working, actively cooperating with the Home Office and having effective right to work systems in place. In some first-breach cases, a Warning Notice may be issued instead of a financial penalty if the employer meets the relevant mitigation criteria. ## What Is a Statutory Excuse? A statutory excuse is a legal defence against liability for a civil penalty. An employer may establish a statutory excuse by carrying out the correct right to work check before employment begins. There are three main types of prescribed right to work checks: - a manual document check; - an online Home Office right to work check using a share code; or - a digital check using an Identity Service Provider for eligible British and Irish citizens. The correct method depends on the worker’s nationality and immigration status. Employers must also retain evidence of the check and carry out follow-up checks where the worker has time-limited permission to work. The Home Office’s [right to work checklist](https://www.gov.uk/government/publications/right-to-work-checklist) and [employer right to work guidance](https://www.gov.uk/government/publications/right-to-work-checks-employers-guide) explain the prescribed checking process. ## What Happens During the Civil Penalty Process? A civil penalty case often begins after a Home Office compliance visit or enforcement investigation. The usual process may include: - a Civil Penalty Referral Notice; - a request for information or documents; - a Home Office assessment of liability; - a Civil Penalty Notice, No Action Notice or Warning Notice; and - where a penalty is issued, the option to object and potentially appeal. A Civil Penalty Notice should explain why the Home Office considers the employer liable, the amount of the penalty, how to pay and how to object. If you receive a notice, deadlines are strict. Employers usually have 28 days to object to a civil penalty. If the objection is unsuccessful, there may be a further right of appeal to the County Court in England and Wales, the Sheriff Court in Scotland, or the relevant court in Northern Ireland. ## Can a Civil Penalty Be Cancelled or Reduced? Yes, in some cases. A civil penalty may be challenged where: - the business was not the employer; - the employer had a statutory excuse; - the Home Office calculated the penalty incorrectly; - mitigating factors were not properly considered; or - there are procedural or evidential issues with the decision. The right approach will depend on the facts, the documents held by the business, the timing and quality of right to work checks and how the Home Office reached its decision. Lexvisa can review the penalty notice, assess the strength of any objection or appeal and advise on the most effective response. ## Why Civil Penalties Are Serious for Employers A civil penalty can affect much more than cash flow. Consequences may include: - significant financial liability; - reputational damage; - publication of the business’s details by Immigration Enforcement; - enforcement action if the penalty is not paid; - impact on directors or business owners; - sponsor licence suspension or revocation; and - difficulty obtaining or keeping a sponsor licence in the future. For sponsor licence holders, illegal working allegations can be particularly serious. The Home Office may treat right to work failures as evidence of wider compliance concerns. Lexvisa also advises employers on [sponsor licence compliance](https://immigrationandvisasolicitors.co.uk/sponsor-licence-compliance-duties/), [Home Office inspections](https://immigrationandvisasolicitors.co.uk/prepare-for-home-office-inspection/) and [sponsor licence suspension or revocation](https://immigrationandvisasolicitors.co.uk/sponsor-licence-revocation-suspension/). ## How Employers Can Reduce Risk Employers should have clear right to work systems in place before recruitment begins. This includes training staff, using the correct check for each worker, keeping accurate records, monitoring visa expiry dates and taking advice where a worker’s status is unclear. A one-off check may not be enough where the worker has time-limited permission. Follow-up checks must be completed before the previous statutory excuse expires. Businesses that sponsor overseas workers should also ensure their right to work systems align with wider sponsor licence duties. ## How Lexvisa Can Help Lexvisa assists employers with urgent civil penalty cases and wider immigration compliance. Our services include: - reviewing Civil Penalty Notices; - preparing objections to the Home Office; - advising on appeals where appropriate; - assessing right to work records; - advising on statutory excuse arguments; - preparing businesses for Home Office visits; - supporting sponsor licence holders; and - providing compliance training and mock audits. We provide practical advice designed to protect your business, workforce and immigration compliance position. ## FAQs ### What is the maximum civil penalty for illegal working? As of June 2026, the civil penalty starting point is £45,000 per illegal worker for a first breach and £60,000 per illegal worker for a repeat breach within three years. ### Can I avoid a civil penalty if I carried out right to work checks? Yes, if the checks were carried out correctly and before employment began. This is known as establishing a statutory excuse. ### What is a statutory excuse? A statutory excuse is a defence against liability for a civil penalty. It is usually established by completing the correct right to work check and retaining evidence of that check. ### How long do I have to object to a civil penalty? Employers usually have 28 days to object to a Civil Penalty Notice. The exact deadline should be stated on the notice. ### Can a civil penalty be reduced? Yes. The Home Office may reduce the penalty if relevant mitigating factors apply, such as active cooperation or prior reporting of suspected illegal working. ### Can a civil penalty affect my sponsor licence? Yes. A civil penalty can affect your ability to obtain or keep a sponsor licence and may trigger wider Home Office compliance action. ### What should I do if I receive a Civil Penalty Notice? You should seek legal advice immediately. The deadlines are strict and the response should be based on the notice, the right to work evidence and any available grounds of challenge. ## Contact Lexvisa If your business has received a civil penalty, is facing a Home Office investigation, or needs advice on right to work compliance, contact Lexvisa for specialist immigration advice. Lexvisa is the immigration law division of [DJF Solicitors Group](https://www.djfsolicitors.co.uk/services/immigration-law). Call 02030110276 or complete our [online enquiry form](https://immigrationandvisasolicitors.co.uk/contact-us/) to speak with our immigration team. --- # British Citizenship Application: Referees Source: https://immigrationandvisasolicitors.co.uk/faq-referee-for-british-citizenship-application/ *When applying for British citizenship, you will usually need to provide two referees who can confirm your identity and support your application. Referees are an important part of the British citizenship process. If your referees do not meet the Home Office requirements, your application may be delayed or you may be asked to provide alternative referees.* *At [Lexvisa](https://immigrationandvisasolicitors.co.uk/), our immigration solicitors advise applicants on [British citizenship by naturalisation](https://immigrationandvisasolicitors.co.uk/british-citizenship-by-naturalisation/), [British citizenship registration](https://immigrationandvisasolicitors.co.uk/british-citizenship-registration-guide/) and [child British citizenship applications](https://immigrationandvisasolicitors.co.uk/british-citizenship-registering-a-child/).* ## What Is a Referee for British Citizenship? A referee is someone who confirms your identity and supports your British citizenship application. For adult naturalisation applications, referees help the Home Office verify that you are who you say you are. Their details are provided as part of the application process, and the Home Office may contact them if further checks are needed. The referee requirement is separate from the main eligibility criteria for naturalisation. Applicants must also meet the relevant residence, immigration status, English language, Life in the UK and good character requirements. You can read the current Home Office guidance on the [Form AN guidance page](https://www.gov.uk/government/publications/form-an-guidance). ## British Citizenship Referee Requirements As of June 2026, adult applicants for naturalisation must provide two referees. One referee can be of any nationality but must be a professional person. This may include a solicitor, accountant, civil servant, minister of religion or another person with recognised professional standing. A solicitor or adviser representing you in the application cannot act as your referee. The second referee must normally hold a British citizen passport. They must either be a professional person or be over the age of 25. Both referees must usually: - be over 18; - have known you personally for at least three years; - not be related to you; - not be related to each other; - not live at the same address as you; - not be your solicitor or immigration adviser for the application; - not be employed by the Home Office; and - be suitable to act as a referee. The Home Office may carry out checks to confirm that referees are suitable, do not have unspent convictions and have genuinely signed the declaration. ## Referees for Children Applying for British Citizenship Children under 18 do not apply to naturalise in the same way as adults. They usually apply to register as British citizens using the relevant registration route. For a child’s British citizenship application, one referee should usually be a professional who has dealt with the child in a professional capacity. This could include a teacher, health visitor, doctor, social worker or minister of religion. The second referee must normally be the holder of a British citizen passport and either a professional person or over 25. Where a professional referee for the child is not available, the Home Office may consider alternative referees, but this should be approached carefully. You can read more about child nationality applications in the Home Office [Form MN1 guidance](https://www.gov.uk/government/publications/form-mn1-guidance). ## What Do Referees Need to Provide? Referees are usually asked to provide details such as: - full name; - date of birth; - address; - profession; - contact details; - passport details, where relevant; - how they know the applicant; and - confirmation that the applicant’s photograph is a true likeness. Referees must be willing to confirm the information they provide. Giving false information knowingly or recklessly is a criminal offence under the British Nationality Act 1981 and can lead to a fine, imprisonment or both. ## Common Issues With British Citizenship Referees Common referee issues include choosing a person who has not known the applicant for long enough, using a family member, choosing a referee who is not a professional person, or asking a solicitor involved in the application to act as a referee. Another common issue is assuming that any British citizen can act as the second referee. The second referee must normally hold a British citizen passport and must either be a professional person or be over 25. If the Home Office is not satisfied with one or both referees, it may request alternative referees. This can delay the application and create unnecessary complications. ## Why Referees Matter in a British Citizenship Application British citizenship is a significant legal status. Naturalisation is not automatic, and the Home Office must be satisfied that the applicant meets the relevant requirements. The referee section is only one part of the application, but it should still be completed carefully. Incorrect referee details or unsuitable referees can slow down the process and may raise wider concerns about the quality of the application. Lexvisa can review your circumstances, advise on suitable referees and prepare your application in line with the latest Home Office guidance. ## How Lexvisa Can Help Our immigration solicitors assist with British citizenship applications for adults and children. We can advise on: - whether you meet the naturalisation or registration requirements; - whether your proposed referees are suitable; - residence and absence issues; - English language and Life in the UK requirements; - good character concerns; - child registration applications; and - responding to Home Office enquiries. We also advise on related matters, including [indefinite leave to remain](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/), [naturalisation after Skilled Worker ILR](https://immigrationandvisasolicitors.co.uk/naturalisation-skilled-worker/) and [registering a child as a British citizen](https://immigrationandvisasolicitors.co.uk/british-citizenship-registering-a-child/). ## FAQs ### How many referees do I need for British citizenship? You usually need two referees for a British citizenship application. ### Can one referee be a non-British citizen? Yes. One referee can be of any nationality, provided they are a professional person. ### Does one referee need to be British? Yes. The second referee must normally hold a British citizen passport and either be a professional person or be over 25. ### Can a family member be a referee? No. A family member cannot normally act as your referee for a British citizenship application. ### Can my solicitor be my referee? A solicitor can be a professional referee only if they are not representing you in the citizenship application. Your own immigration solicitor or adviser should not act as your referee. ### How long must a referee have known me? Each referee must usually have known you personally for at least three years. ### Can a retired professional act as a referee? A retired professional may be suitable in some cases, depending on the role, their standing and whether they meet the other referee requirements. ### Will the Home Office contact my referees? The Home Office may contact referees to verify information or carry out checks. Referees should be willing and able to respond if contacted. ### What happens if my referee is not accepted? The Home Office may ask you to provide an alternative referee. This can delay the application, so it is important to choose suitable referees from the outset. ### Do children need referees for British citizenship? Yes. Child registration applications normally require two referees. One should usually be a professional who has dealt with the child in a professional capacity. ## Contact Lexvisa If you are applying for British citizenship and are unsure whether your referees meet the requirements, contact Lexvisa for specialist nationality law advice. Lexvisa is the immigration law division of [DJF Solicitor Group](https://www.djfsolicitors.co.uk/services/immigration-law). Call 02030110276 or complete our [online enquiry form](https://immigrationandvisasolicitors.co.uk/contact-us/) to speak with our immigration team. --- # Skilled Worker Visa: Guide for Employers and Applicants Source: https://immigrationandvisasolicitors.co.uk/how-to-apply-for-a-skilled-worker-visa-guide-for-employers-and-applicants/ *The Skilled Worker Visa is one of the main UK work visa routes for overseas nationals who have a qualifying job offer from a UK employer approved by the Home Office. It replaced the former Tier 2 (General) route and forms part of the UK’s points-based immigration system. The route is open to both EU and non-EU nationals, provided the worker, employer and job role meet the relevant Immigration Rules.* *For employers, sponsoring a Skilled Worker requires a valid sponsor licence, a genuine eligible vacancy and ongoing compliance with Home Office sponsor duties. For applicants, the visa requires a Certificate of Sponsorship, an eligible occupation, the required salary level, English language ability and sufficient funds unless exempt.* *At [Lexvisa](https://immigrationandvisasolicitors.co.uk/), our immigration solicitors advise employers and applicants on [Skilled Worker Visa applications](https://immigrationandvisasolicitors.co.uk/skilled-worker-visa/), [Sponsor Licence applications](https://immigrationandvisasolicitors.co.uk/sponsor-licence-a-complete-guide-by-lexvisa/), [Certificates of Sponsorship](https://immigrationandvisasolicitors.co.uk/certificate-sponsorship-cos/) and [Sponsor Licence compliance](https://immigrationandvisasolicitors.co.uk/sponsor-licence-compliance-duties/).* ## What Is the Skilled Worker Visa? The Skilled Worker Visa allows a person to work in the UK for a licensed sponsor in an eligible job. The rules are set out in [Appendix Skilled Worker](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-skilled-worker) and related Immigration Rules, including [Appendix Skilled Occupations](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-skilled-occupations). The visa can be granted for up to five years at a time and can lead to indefinite leave to remain after five years, provided the applicant meets the settlement requirements. ## Skilled Worker Visa Requirements for Applicants To qualify for a Skilled Worker Visa, an applicant must usually show that: - they have a genuine job offer from a Home Office licensed sponsor; - the sponsor has assigned a valid Certificate of Sponsorship; - the job is in an eligible occupation code; - the role meets the required skill level; - the salary meets the relevant threshold and going rate; - they meet the English language requirement; - they have enough funds to support themselves unless exempt; and - they meet suitability requirements, including immigration history and criminality checks where relevant. Some applicants may also need a tuberculosis certificate, criminal record certificate or ATAS certificate depending on their role, nationality and circumstances. ## Sponsor Licence Requirement for Employers An employer must hold a valid sponsor licence before it can sponsor a Skilled Worker. A sponsor licence allows a UK business to assign [Certificates of Sponsorship](https://www.gov.uk/uk-visa-sponsorship-employers/certificates-of-sponsorship) to eligible workers. The business must be genuine, trading lawfully in the UK and capable of complying with sponsor duties. The Home Office may assess whether the business has proper HR systems, recruitment processes, right to work checks, reporting procedures and record-keeping systems. UKVI may also visit the business before or after granting the licence. Employers can read the official sponsor guidance on the [GOV.UK sponsor guidance page](https://www.gov.uk/government/publications/sponsor-a-skilled-worker). ## Certificate of Sponsorship A [Certificate of Sponsorship](https://www.gov.uk/uk-visa-sponsorship-employers/certificates-of-sponsorship) is an electronic record assigned by a licensed sponsor through the Sponsor Management System. It confirms key information about the job, including the occupation code, salary, hours, work location, start date and employment details. The worker uses the Certificate of Sponsorship reference number to apply for their Skilled Worker Visa. There are two main types of [Certificate of Sponsorship](https://www.gov.uk/uk-visa-sponsorship-employers/certificates-of-sponsorship): - a Defined CoS for applicants applying from outside the UK; and - an Undefined CoS for applicants applying from inside the UK, including extensions and switching applications. Incorrect CoS details can lead to visa refusals, delays or sponsor compliance issues, so employers should ensure the role, salary and occupation code are assessed carefully before assignment. ## Skilled Worker Salary Requirements As of June 2026, the Skilled Worker salary rules remain one of the most important parts of the application. The applicant must normally be paid at least the relevant general salary threshold and the going rate for the occupation code. In many cases, the standard general salary threshold is £41,700 per year, but the correct threshold depends on the applicant’s circumstances, the occupation code, whether transitional provisions apply, and whether the role is on the Immigration Salary List. Some applicants may qualify for a reduced salary threshold, including certain new entrants, some PhD roles, certain health and education roles, and jobs on the [Immigration Salary List](https://www.gov.uk/government/publications/skilled-worker-visa-immigration-salary-list/skilled-worker-visa-immigration-salary-list). From 8 April 2026, sponsors must also pay close attention to salary compliance across relevant pay periods, not just the annual salary stated on the Certificate of Sponsorship. Employers should ensure payroll arrangements match the sponsored salary and hours. ## English Language Requirement Skilled Worker applicants must meet the English language requirement unless exempt. For first Skilled Worker applications made on or after 8 January 2026, the English language requirement is at least level B2 on the Common European Framework of Reference for Languages, unless an exemption applies. Applicants may meet the requirement through nationality, an approved English language test, an academic qualification taught in English, or by relying on previous evidence accepted in an earlier UK immigration application where permitted. ## Skilled Worker Visa Fees and Costs The cost of a Skilled Worker Visa depends on the length of the visa, whether the application is made inside or outside the UK, and whether the job is on the Immigration Salary List. As of June 2026, GOV.UK states that standard Skilled Worker application fees range from £819 to £1,865. Applicants usually also pay the [Immigration Health Surcharge](https://www.gov.uk/healthcare-immigration-application), which is normally £1,035 per year. Applicants must usually show at least £1,270 in available funds unless they have been in the UK with valid permission for at least 12 months or their sponsor certifies maintenance on the Certificate of Sponsorship. Employers may also need to pay sponsor-related costs, including the sponsor licence fee, Certificate of Sponsorship fee and [Immigration Skills Charge](https://www.gov.uk/uk-visa-sponsorship-employers/immigration-skills-charge) where applicable. Sponsor licence fees are currently £611 for small or charitable sponsors and £1,682 for medium or large sponsors. Employers must not pass certain sponsor costs to sponsored workers where this is prohibited by the Home Office sponsor guidance. ## Applying From Outside the UK Applicants outside the UK must apply online using the [Skilled Worker Visa application form](https://www.gov.uk/skilled-worker-visa). They will need to prove their identity, provide supporting documents and either attend a biometric appointment or use a digital identity process where available. The earliest an applicant can usually apply is three months before the start date listed on the Certificate of Sponsorship. ## Switching or Extending Inside the UK Applicants already in the UK may be able to switch to or extend a Skilled Worker Visa if they meet the requirements. However, not all visa categories allow switching from inside the UK. Visitors, Seasonal Workers and certain short-term visa holders usually cannot switch into the Skilled Worker route from within the UK. A Skilled Worker may also need to apply to update their visa if they change employer, change occupation code, or move to a role that no longer falls within the same sponsored employment conditions. Lexvisa advises on [Skilled Worker switching applications](https://immigrationandvisasolicitors.co.uk/uk-skilled-worker-switching-employers/) and sponsor compliance risks when a worker changes role or employer. ## Sponsor Compliance Duties Sponsorship does not end once the visa is granted. Licensed sponsors must comply with ongoing Home Office duties. These include: - keeping accurate records for sponsored workers; - reporting certain changes through the Sponsor Management System; - monitoring attendance and work patterns; - reporting non-attendance or early termination; - maintaining compliant right to work checks; - ensuring the sponsored worker is paid correctly; - ensuring the worker only performs the sponsored role; and - informing UKVI of relevant business changes. Failure to comply can lead to sponsor licence suspension, revocation, civil penalties and disruption to sponsored workers. Lexvisa assists employers with [Sponsor Licence compliance](https://immigrationandvisasolicitors.co.uk/sponsor-licence-compliance-duties/), [Home Office inspections](https://immigrationandvisasolicitors.co.uk/prepare-for-home-office-inspection/), [mock audits](https://immigrationandvisasolicitors.co.uk/uk-sponsor-licences-mock-audits/) and [sponsor licence suspension or revocation](https://immigrationandvisasolicitors.co.uk/uk-sponsor-licence-challenging-suspensions-or-revocations/). ## Common Reasons Skilled Worker Applications Are Refused Skilled Worker applications may be refused for several reasons, including: - incorrect occupation code; - salary below the required threshold or going rate; - non-genuine vacancy concerns; - errors on the Certificate of Sponsorship; - missing or inconsistent documents; - failure to meet the English language requirement; - insufficient maintenance funds; - suitability or immigration history concerns; and - sponsor licence issues. Employers and applicants should address these issues before submitting an application, as errors can cause delays, refusals and compliance risks. ## How Lexvisa Can Help Lexvisa provides immigration advice for both employers and Skilled Worker applicants. For employers, we can assist with sponsor licence applications, CoS requests, occupation code analysis, salary assessments, compliance systems and Home Office enquiries. For applicants, we can advise on eligibility, application strategy, supporting documents, dependants, switching, extensions and settlement. Our team also advises on related business immigration routes where the Skilled Worker route is not suitable. ## FAQs ### What is a Skilled Worker Visa? A Skilled Worker Visa allows an overseas national to work in the UK for a Home Office licensed sponsor in an eligible skilled role. ### Does an employer need a sponsor licence? Yes. An employer must usually hold a valid sponsor licence before it can assign a Certificate of Sponsorship to a Skilled Worker applicant. ### What is a Certificate of Sponsorship? A Certificate of Sponsorship is an electronic record issued by a licensed sponsor. It contains details of the sponsored job and is needed for the worker’s visa application. ### What is the Skilled Worker salary threshold in 2026? The required salary depends on the occupation code and the applicant’s circumstances. In many cases, the standard general threshold is £41,700 per year, but the role must also meet the applicable going rate. ### What is the English language requirement in 2026? For first Skilled Worker applications made on or after 8 January 2026, the English language requirement is at least level B2 unless an exemption applies. ### Can a Skilled Worker Visa lead to settlement? Yes. The Skilled Worker route can lead to indefinite leave to remain after five years if the applicant meets the settlement requirements. ### Can I switch to a Skilled Worker Visa inside the UK? You may be able to switch inside the UK if your current immigration status permits switching and you meet the Skilled Worker requirements. Visitors and some short-term visa holders usually cannot switch from inside the UK. ### Can I change employer on a Skilled Worker Visa? Yes, but you will usually need a new Certificate of Sponsorship and a new Skilled Worker application before starting the new sponsored role. ### How long does a Skilled Worker Visa last? A Skilled Worker Visa can be granted for up to five years at a time. The length of permission will usually depend on the dates stated on the Certificate of Sponsorship. ### What happens if a sponsor licence is suspended or revoked? Sponsor licence suspension or revocation can seriously affect the employer and sponsored workers. Employers should seek legal advice immediately if they receive Home Office compliance action. ## Contact Lexvisa If you are an employer looking to sponsor a skilled worker, or an applicant preparing a Skilled Worker Visa application, contact Lexvisa for specialist immigration advice. Lexvisa is the immigration law division of [DJF Solicitor Group](https://www.djfsolicitors.co.uk/services/immigration-law). Call 02030110276 or complete our [online enquiry form](https://immigrationandvisasolicitors.co.uk/contact-us/) to speak with our immigration team. --- # UK Business Visit Visa Source: https://immigrationandvisasolicitors.co.uk/uk-business-visit-visa/ *The UK Business Visit Visa is now part of the Standard Visitor route. It allows overseas businesspeople, professionals and company representatives to come to the UK for short-term permitted business activities.You may use this route to attend meetings, conferences, trade fairs, negotiations and certain other business activities. However, you must not work in the UK, fill a UK role, provide services to the UK market, or make the UK your main place of business.* *The rules for visitors are set out in [Appendix V: Visitor](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor) and [Appendix Visitor: Permitted Activities](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-visitor-permitted-activities).* *At [Lexvisa](https://immigrationandvisasolicitors.co.uk/), our immigration solicitors advise individuals and businesses on [UK Business Visit Visa applications](https://immigrationandvisasolicitors.co.uk/business-visit-visa/), [Standard Visitor Visa applications](https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/) and visitor visa refusals.* ## What Is the Purpose of a Business Visit Visa? A Business Visit Visa allows a person to enter the UK for a temporary business-related purpose. This may include attending business meetings, negotiating contracts, taking part in conferences, carrying out site visits, receiving training, or undertaking specific activities permitted under the visitor rules. The visit must be temporary. You must be able to show that you will leave the UK at the end of your visit and that you will not live in the UK through frequent or successive visits. ## Who Needs a Business Visit Visa? Whether you need to apply for a visa before travelling depends on your nationality. Visa nationals must apply for a Standard Visitor visa before travelling to the UK. Non-visa nationals may not need a visitor visa in advance, but most now need an [Electronic Travel Authorisation](https://immigrationandvisasolicitors.co.uk/electronic-travel-authorisation-eta-guide-2026/) before travel, unless they already hold a UK visa, immigration permission or another exemption applies. The [GOV.UK ETA page](https://www.gov.uk/eta) explains who needs an ETA and how to apply. Even where a person does not need a visa in advance, they must still meet the visitor requirements at the UK border. Border Force officers may ask questions about the purpose of the visit, the length of stay, funds, accommodation and intention to leave the UK. ## Business Visit Visa Requirements To enter the UK as a business visitor, you must usually show that: - you are coming to the UK for a permitted visitor activity; - you will leave the UK at the end of your visit; - you will not live in the UK through frequent or successive visits; - you have enough money for your visit; - you can pay for your return or onward travel; - you will not work in the UK unless the activity is expressly permitted; and - you will not receive payment from a UK source, except where specifically allowed under the visitor rules. The Home Office will consider your personal, financial and immigration history. If the decision-maker is not satisfied that you are a genuine visitor, the application may be refused. ## Permitted Business Activities in the UK Business visitors can carry out a range of permitted activities, provided they remain within the visitor rules. Permitted business activities may include: - attending meetings, interviews, conferences or seminars; - negotiating and signing contracts; - attending trade fairs for promotional work, provided there is no direct selling; - carrying out site visits and inspections; - gathering information for employment overseas; - being briefed on the requirements of a UK-based customer, where the work for that customer will be done outside the UK; - receiving training from a UK-based company where the training is not available in the visitor’s home country; - giving a one-off or short series of talks, provided they are not organised as commercial events and do not make a profit for the organiser; and - undertaking certain intra-corporate activities where permitted by the rules. Some specialist activities are also permitted, including certain installation, repair, servicing or advisory work where there is a contract between the UK and overseas business and the requirements of the Immigration Rules are met. Because the permitted activity rules are detailed, it is important to check whether the planned UK activity is allowed before travelling. ## Can You Work Remotely as a Business Visitor? Visitors may carry out remote work relating to their overseas employment while in the UK, provided remote working is not the primary purpose of the visit. This means a business visitor may respond to emails, attend overseas work calls or deal with matters for their overseas employer while visiting the UK. However, they must not use the visitor route to work for a UK employer, provide services to a UK client, or base themselves in the UK for remote work. If the main purpose of the trip is to work from the UK, a different visa route may be required. ## What Business Visitors Cannot Do Business visitors must not: - take employment in the UK; - work for a UK organisation or business; - carry out work placements or internships unless specifically permitted; - sell goods or services directly to the public; - provide services to the UK market; - receive payment from a UK source, except where permitted; - live in the UK through frequent or successive visits; or - switch into most other immigration routes from inside the UK. Breaching visitor conditions can lead to refusal of entry, cancellation of permission, future visa refusals and wider immigration consequences. ## How Long Can a Business Visitor Stay in the UK? Most business visitors can stay in the UK for up to six months per visit. Standard Visitor visas may be issued for six months, two years, five years or ten years. Long-term visitor visas allow multiple visits, but each individual visit must still comply with the visitor rules and must not exceed the permitted stay. Frequent or lengthy visits may lead the Home Office or Border Force to question whether you are genuinely visiting the UK or using the visitor route to live or work here. ## Financial Requirement for a Business Visit Visa There is no fixed minimum bank balance for a Business Visit Visa. However, you must show that you have enough funds to cover your travel, accommodation and living costs during the visit. A third party may support your visit if they have a genuine relationship with you, are legally present in the UK or another country and can provide support for the intended visit. The financial evidence should be consistent with the length and purpose of the visit. ## Common Reasons for Business Visit Visa Refusals Business Visit Visa applications may be refused where the Home Office is not satisfied that the applicant is a genuine visitor. Common refusal reasons include: - unclear business purpose; - planned activities falling outside the visitor rules; - weak evidence of employment or business overseas; - insufficient financial evidence; - unexplained large deposits; - concerns about intention to leave the UK; - frequent or lengthy previous visits; - lack of evidence from the UK inviting business; and - inconsistencies in the application. Lexvisa can advise on the best way to present the purpose of your visit and address potential concerns before an application is submitted. ## How Lexvisa Can Help Our immigration solicitors assist with Business Visit Visa and Standard Visitor applications for individuals, companies and international business travellers. We can advise on: - whether your proposed UK activities are permitted; - whether you need a visa or ETA before travel; - supporting documents for your application; - invitation letters from UK businesses; - genuine visitor concerns; - previous refusals; - long-term visitor visa applications; and - alternative visa routes where business visitor permission is not suitable. If your proposed activities go beyond the visitor rules, we can advise on other options, including work visa and business immigration routes. ## FAQs ### Is there still a separate Business Visit Visa? Business visits are now covered under the Standard Visitor route. Many people still refer to this as a Business Visit Visa, but the legal route is the Standard Visitor route. ### How long can I stay in the UK as a business visitor? Most business visitors can stay for up to six months per visit, provided they continue to meet the visitor rules. ### Can I attend meetings in the UK as a business visitor? Yes. Attending meetings, conferences, seminars and interviews is generally permitted under the visitor rules. ### Can I sign contracts in the UK? Yes. Business visitors may negotiate and sign contracts during a permitted business visit. ### Can I work for a UK company on a Business Visit Visa? No. You must not take employment, fill a UK role or work for a UK business unless the activity is specifically allowed under the visitor rules. ### Can I be paid by a UK company? Usually no. Visitors must not receive payment from a UK source unless a specific exception applies under the Immigration Rules. ### Can I work remotely while visiting the UK? You may carry out remote work for your overseas employment, but remote work must not be the main purpose of your visit. ### Do EU citizens need a Business Visit Visa? EU citizens usually do not need a Standard Visitor visa in advance for short business visits, but they may need an ETA before travelling to the UK unless exempt. ### What is an ETA? An [Electronic Travel Authorisation](https://immigrationandvisasolicitors.co.uk/electronic-travel-authorisation-eta-guide-2026/) is advance permission to travel to the UK for certain non-visa nationals. It is not a visa, but it is required for eligible travellers before travel. ### What if my Business Visit Visa is refused? You may be able to submit a fresh application addressing the refusal reasons. In some cases, legal challenge may be possible. Lexvisa can review the refusal and advise on the best next step. ## Contact Lexvisa If you are planning a business visit to the UK, contact Lexvisa for specialist immigration advice. Lexvisa is the immigration law division of [DJF Solicitor Group](https://www.djfsolicitors.co.uk/services/immigration-law). Call 02030110276 or complete our [online enquiry form](https://immigrationandvisasolicitors.co.uk/contact-us/) to speak with our immigration team. --- # Human Rights Claims: FLR(HRO) Application Source: https://immigrationandvisasolicitors.co.uk/human-rights-claims-flrhro-application/ *Handling the UK’s immigration system can be an overwhelming and complex journey, particularly when your case involves a potential breach of your human rights. Applications for leave to enter or remain in the UK may, under certain circumstances, engage the European Convention on Human Rights (ECHR), which is directly enforceable under the Human Rights Act 1998. This article offers a detailed overview of how [human rights claims ](https://immigrationandvisasolicitors.co.uk/human-rights-application/)are defined, determined and processed in UK immigration law and why it is critical to instruct experienced legal professionals, such as our [leading London Law Firm](https://immigrationandvisasolicitors.co.uk/), to prepare and submit your [FLR(HRO) application.](https://immigrationandvisasolicitors.co.uk/human-rights-application/)* ## What Is a Human Rights Claim in UK Immigration Law? A human rights claim in UK immigration law is a claim made to the Secretary of State that refusing a person entry, refusing them leave to remain, or removing them from the UK would be unlawful under [section 6 of the Human Rights Act 1998](https://www.legislation.gov.uk/ukpga/1998/42/section/6). The definition is found in [section 113 of the Nationality, Immigration and Asylum Act 2002](https://www.legislation.gov.uk/ukpga/2002/41/section/113). In simple terms, a human rights claim asks the Home Office to recognise that an immigration decision would breach rights protected by the [European Convention on Human Rights (ECHR)](https://chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.echr.coe.int/documents/d/echr/convention_ENG). The most common rights relied on in UK immigration applications include: - **Article 8**: the right to respect for private and family life; - **Article 3**: protection from torture, inhuman or degrading treatment or punishment; and - **Article 2**: the right to life. Human rights claims are often highly fact-specific. It is not enough simply to say that a person wants to remain in the UK. The application must explain why refusal or removal would breach protected human rights and why the Home Office should grant leave to remain. ## Who Decides a Human Rights Claim? The Home Office will usually make the first decision on whether an application amounts to a human rights claim and whether it should be granted. Where a human rights claim is refused, the applicant may have a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). Under [section 82 of the Nationality, Immigration and Asylum Act 2002](https://www.legislation.gov.uk/ukpga/2002/41/section/82), appeal rights can arise where the Home Office refuses a protection claim, refuses a human rights claim, or revokes protection status. However, not every immigration refusal carries a right of appeal. Some decisions may only attract an administrative review, while others may have no direct challenge unless a human rights claim has been properly made and recognised. For this reason, it is important that any human rights application is clearly drafted, properly framed and submitted using the correct route. ## Immigration Routes That May Involve Human Rights As of June 2026, several immigration routes may involve human rights arguments, including: - Long residence applications under [Appendix Long Residence](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-long-residence); - Private life applications under [Appendix Private Life](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-private-life); - Family life applications under [Appendix FM](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members); - Applications involving [British, settled or qualifying children](https://immigrationandvisasolicitors.co.uk/best-naturalisation-visa-lawyers-london-immigration/); - Applications involving partners, parents or dependent family members in the UK; - Asylum and humanitarian protection claims; - Medical or serious compassionate circumstances; and - Applications for [leave outside the Immigration Rules](https://www.gov.uk/government/publications/chapter-1-section-14-leave-outside-the-immigration-rules). An application is not automatically a human rights claim simply because it involves family life, private life or compassionate circumstances. The application must make clear that refusal or removal would breach the applicant’s rights under the ECHR. Our immigration solicitors can assess whether your circumstances may amount to a human rights claim and advise on the most appropriate application route. ## When Is Form FLR(HRO) Used? Form FLR(HRO) is used to apply online to extend stay in the UK for human rights claims, leave outside the Rules and other routes not covered by other application forms. It may be appropriate where a person is applying from within the UK and their circumstances do not fit neatly within a standard visa category, but refusal or removal would breach their human rights or cause exceptionally serious consequences. Using the wrong form can cause significant problems. An application may be rejected as invalid, or the Home Office may decide that no human rights claim has been made. This can affect a person’s immigration status, appeal rights and ability to remain in the UK lawfully. Before submitting an application, it is important to obtain advice on whether [FLR(HRO)](https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-flrhro), [Appendix FM](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members), [Appendix Private Life](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-private-life), [Appendix Long Residence](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-long-residence) or another route is the correct option. ## Article 8: Private and Family Life Many human rights immigration claims rely on Article 8 ECHR, which protects the right to respect for private and family life. Article 8 may be relevant where a person has a partner, child, parent or other close family member in the UK. It may also apply where a person has built a significant private life in the UK through long residence, education, work, community ties or social integration. Article 8 is a qualified right. This means the Home Office can interfere with private or family life where it is lawful and proportionate to do so. In many cases, the key question is whether refusal or removal would be disproportionate when balanced against the public interest in immigration control. ## Article 3: Serious Harm and Medical Circumstances Some human rights claims rely on [Article 3 ECHR](https://chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.echr.coe.int/documents/d/echr/convention_ENG), which protects against torture and inhuman or degrading treatment or punishment. In immigration cases, Article 3 may be relevant where removal would expose a person to a real risk of serious harm, or where the applicant has very serious medical circumstances and removal would lead to consequences meeting the high Article 3 threshold. Article 3 claims are complex and require careful legal analysis. Our solicitors can advise whether Article 3 may be relevant to your circumstances and how such a claim should be presented. ## Lexvisa Is Now Part of the DJF Group Lexvisa is now part of the DJF Group. Lexvisa operates as the immigration law division of [DJF Solicitors](https://www.djfsolicitors.co.uk/services/immigration-law), a national UK law firm providing legal services across multiple practice areas. This means our clients benefit from Lexvisa’s specialist immigration expertise together with the wider support, resources and professional infrastructure of the [DJF Group](https://www.djfsolicitors.co.uk/services/immigration-law). Whether your matter involves a human rights application, family visa, private life application, long residence, asylum, appeal or urgent immigration issue, our team can provide strategic advice tailored to your circumstances. ## Why Choose Our Immigration Solicitors? Human rights applications require careful preparation. A poorly drafted application, incorrect form or unclear legal basis can affect your immigration status and your ability to challenge a refusal. Our immigration solicitors can assist with: - assessing whether you may have a human rights claim; - advising on the correct application route; - preparing detailed legal representations; - addressing [Article 8, Article 3 and other ECHR](https://chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.echr.coe.int/documents/d/echr/convention_ENG) arguments; - communicating with the Home Office; and - challenging refusals where appeal rights arise. We provide clear, practical and confidential immigration advice. Every case is assessed on its own facts and we will advise you on the strongest available route before any application is submitted. ## Contact Lexvisa Human rights claims in UK immigration law can be legally and procedurally complex. If your ability to remain in the UK depends on family life, private life, medical issues, risk on return or exceptional circumstances, it is important to obtain specialist advice before applying. [Contact Lexvisa](https://immigrationandvisasolicitors.co.uk/legal-case-assessment/), now part of the [DJF Group](https://www.djfsolicitors.co.uk/services/immigration-law), to speak with our experienced UK immigration solicitors about your human rights immigration application. ## FAQs ### What is a human rights claim in UK immigration law? A human rights claim is an application arguing that refusal of entry, refusal of leave to remain, or removal from the UK would breach rights protected by the Human Rights Act 1998 and the European Convention on Human Rights. ### What is Form FLR(HRO) used for? Form FLR(HRO) is used for certain human rights claims, applications for leave outside the Immigration Rules and other routes not covered by another application form. ### Does every human rights refusal have a right of appeal? Not always. A right of appeal may arise where the Home Office refuses a recognised human rights claim, but some refusals may only attract administrative review or no direct appeal right. ### Can Article 8 help me stay in the UK? Article 8 may help where refusal or removal would disproportionately interfere with your private or family life in the UK, including relationships with partners, children or other close family members. ### Can I make a human rights claim without meeting the Immigration Rules? In some cases, yes. Human rights arguments may be raised where a person does not meet the standard Immigration Rules but refusal or removal would breach their protected rights. ### Should I get legal advice before making a human rights application? Yes. Human rights applications are complex and using the wrong form or failing to present the claim properly can affect your immigration status, appeal rights and prospects of success. --- # Parent of a British Child Visa UK Source: https://immigrationandvisasolicitors.co.uk/parent-of-a-british-child-visa-uk/ The Parent of a Child Visa allows a parent to live in the UK to care for their child. It may be available where the child is living in the UK and is a British or Irish citizen, has indefinite leave to remain, settled status, proof of permanent residence, or has pre-settled status under the EU Settlement Scheme. In some in-country applications, the route may also be available where the child has lived in the UK continuously for at least seven years and it would not be reasonable for the child to leave the UK. This route falls under [Appendix FM of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members). It can lead to indefinite leave to remain after five years on the parent route, although some applicants may be placed on a longer 10-year route depending on their circumstances. At [Lexvisa](https://immigrationandvisasolicitors.co.uk/), our immigration solicitors advise parents on eligibility, applications, refusals and appeals involving children in the UK. ## Who Can Apply for a Parent of a Child Visa? You may be able to apply as a parent if you are aged 18 or over and your child is living in the UK. Your child must usually be under 18 at the date of application, unless they were under 18 when you were first granted permission as a parent and they have not formed an independent family unit or started living an independent life. Your child must usually be one of the following: - a British or Irish citizen; - settled in the UK, including having indefinite leave to remain or settled status; - in the UK with pre-settled status under the EU Settlement Scheme, where the relevant requirements are met; or - in the UK and have lived here continuously for at least seven years, where it would not be reasonable for them to leave the UK. If you are eligible to apply as a partner, the Home Office will usually expect you to apply under the partner route rather than the parent route. You can read more about the family visa routes on the [GOV.UK family visa page](https://www.gov.uk/uk-family-visa). ## Parental Responsibility and Access to the Child To qualify, you must have sole or shared parental responsibility for your child. If the child normally lives with you, you will need to show that you have responsibility for their care. If the child normally lives with their other parent or carer, you must usually show that you have direct in-person access to the child, either by agreement or through a court order. Where parental responsibility is shared, the child’s other parent must not be your partner. The other parent or carer must usually be British, Irish, settled in the UK, or hold qualifying pre-settled status. You must also show that you are taking, and intend to continue taking, an active role in your child’s upbringing. ## Financial and Accommodation Requirements Parent of a Child Visa applicants must usually show that they can adequately maintain and accommodate themselves and any dependants in the UK without relying on public funds. The Home Office will consider income, housing costs and whether the accommodation is suitable and not overcrowded. The relevant requirements are set out in [Appendix FM](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members) and the specified evidence rules in [Appendix FM-SE](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence). If you cannot meet the financial or English language requirements, there may still be options in some cases, especially where the child is British or Irish, or has lived in the UK for seven years, and it would be unreasonable for them to leave the UK. ## English Language Requirement Applicants must usually meet the English language requirement. For an initial parent application, this is normally at CEFR level A1 in speaking and listening, unless an exemption applies. The requirement may be met through nationality from a majority English-speaking country, an approved English language test, or a qualifying academic degree. Some applicants may be exempt because of age, disability or exceptional circumstances. ## Can You Switch to the Parent Route in the UK? You may be able to switch to the parent route from inside the UK if you are already here with valid permission. However, you usually cannot switch if you are in the UK as a visitor or if you have permission granted for six months or less, unless a specific exception applies, such as permission granted pending the outcome of family court or divorce proceedings. If you are unsure whether you can switch in-country, it is important to obtain advice before submitting an application. ## How Long Is the Parent of a Child Visa Granted For? If you apply from outside the UK and your application is granted, permission is usually granted for up to 33 months. If you apply to switch or extend from inside the UK, permission is usually granted for up to 30 months. A parent on the five-year route may be eligible to apply for indefinite leave to remain after five continuous years on the parent route. Time spent in the UK on other visa routes usually cannot be counted towards the five-year parent route settlement period. You can read more about settlement as a parent on the [GOV.UK indefinite leave to remain as a parent page](https://www.gov.uk/indefinite-leave-to-remain-family/parent). ## Common Reasons Parent Visa Applications Are Refused Parent of a Child Visa applications can be refused where the Home Office is not satisfied that the legal requirements are met. Common issues include: - uncertainty about parental responsibility; - insufficient evidence of direct access to the child; - failure to show an active role in the child’s upbringing; - applying on the parent route when the partner route is more appropriate; - financial or accommodation concerns; - English language issues; - suitability concerns; and - using the wrong application strategy. A refusal can have serious consequences for family life in the UK. Lexvisa can advise on whether a fresh application, administrative review, appeal or other legal remedy may be appropriate. ## How Lexvisa Can Help Our immigration solicitors assist with Parent of a Child Visa applications, extensions, settlement applications and refusals. We can assess whether you meet the requirements under Appendix FM and advise on the best route for your circumstances. Lexvisa also advises on related family immigration matters, including [Parent of a Child Visa applications](https://immigrationandvisasolicitors.co.uk/parent-of-a-british-child-visa-uk/), [children joining a UK parent](https://immigrationandvisasolicitors.co.uk/family-visa-child-dependent-joining-a-uk-parent/), [child visa applications under Appendix FM](https://immigrationandvisasolicitors.co.uk/child-visa-under-appendix-fm/) and [registering a child as a British citizen](https://immigrationandvisasolicitors.co.uk/british-citizenship-registering-a-child/). ## FAQs ### Can I apply for a Parent of a Child Visa if my child is British? Yes. If your child is British and living in the UK, you may be able to apply as a parent if you meet the Appendix FM requirements and are not required to apply under another route, such as the partner route. ### Can I apply if my child has settled status or indefinite leave to remain? Yes. A child with indefinite leave to remain, settled status or proof of permanent residence may qualify, provided the other requirements are met. ### Can I apply if my child has pre-settled status? Possibly. A child with pre-settled status under the EU Settlement Scheme may qualify where the relevant Appendix FM requirements are met. ### Can I apply if my child has lived in the UK for seven years? In some in-country applications, yes. If your child has lived in the UK continuously for at least seven years, you may be able to rely on this if it would not be reasonable for the child to leave the UK. ### Do I need sole parental responsibility? Not always. You may qualify with sole parental responsibility, shared parental responsibility, or direct in-person access to the child, depending on where the child lives and who has care of them. ### Can I switch to this visa from inside the UK? You may be able to switch from inside the UK if you have valid permission. However, visitors and people with permission of six months or less are usually restricted from switching unless a specific exception applies. ### Does the Parent of a Child Visa lead to indefinite leave to remain? Yes. Applicants on the five-year parent route may be able to apply for indefinite leave to remain after five continuous years on that route. Some applicants may be placed on a 10-year route depending on their circumstances. ### What if my Parent of a Child Visa is refused? Depending on the refusal decision, you may be able to appeal, submit a fresh application or consider another legal remedy. Lexvisa can review the refusal and advise on the best next step. ## Contact Lexvisa If you want to apply for a Parent of a Child Visa, extend your stay, or challenge a refusal, contact Lexvisa for specialist immigration advice. Lexvisa is the immigration law division of[ DJF Solicitors](https://www.djfsolicitors.co.uk/services/immigration-law), combining focused immigration expertise with the support of a wider national law firm. Call 02030110276 or complete our [online enquiry form](https://immigrationandvisasolicitors.co.uk/contact-us/) to speak with our immigration team. --- # Immigration Rules affecting Indian Community Source: https://immigrationandvisasolicitors.co.uk/immigration-rules-affecting-indian-community/ Indian Commerce and Industry Minister Anand Sharma recently raised concerns with the UK Secretary of State for Justice Kenneth Clarke about the way in which Indians who apply for UK visas are treated. The refusal rate for Indians applying for UK visit visas is considered to be too high. ## Effects of Immigration rules on the Indian community and the economy The Minister also raised serious concerns about the cap on Tier 2 visas for the UK. Currently there are only about twenty thousand Tier 2 visas available each year. This has made it difficult for Indian nationals to work in the UK. On top of this the Tier 1 highly skilled migrant route in effect no longer exists. The Indian community in the UK numbers approximately one and half million and there are also hundreds of Indian companies that have invested heavily into the UK. It has often commented in the media that the current immigration rules are bad for the UK economy. The result of this is that Indians are being put off investing into the UK because of the difficulty in bringing in skilled labour from India. The current UK immigration policy is clearly bad in in the long term for the UK economy. ## What you should do **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Solicitors or Barristers please [click here](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) or call 0845 8622 529.** --- # Tories in UK anti-immigration drive Source: https://immigrationandvisasolicitors.co.uk/tories-in-uk-anti-immigration-drive/ Having failed thus far to fulfil a multitude of promises to reduce net migration to the UK, the conservatives are set to embark on a major anti-immigration drive as announced by Prime Minister David Cameron. ## Reasons for the anti- immigration drive The pre-Christian-era conquerors and occupiers of Britain were not Roman, but American, Spanish or German. The victor over the Great Armada in 1588 was not Sir Francis Drake, but a character from John Tolkien. Sounds bizarre? True, but these are actual answers by many Britons aged under 30 in newspaper polls on history awareness. Would-be legal immigrants, however, are now required to be very well versed in British history, as well as sufficiently fluent in English.  UK nationals are now urged to report undocumented aliens in their neighbourhoods to the police. Other measures in Prime Minister Cameron’s latest anti-immigration drive include a drastic drawdown in quotas, from the current figure of 20,000 a year. Mr Cameron argues that this generous quota inherited from his Labour predecessors in Whitehall wasn’t used up in 2010, and anyway, his country needs top-notch skills, bright brains and capital rather than underemployed labour that burdens social, health and educational services. Voices in the industry, meanwhile, signal opposition to Cameron’s drive. According to The Daily Mail, mastery of the English language is not much of a problem, and British employers often rate foreign degree holders much higher than their UK counterparts, particularly in fields like mathematics and natural science. And according to The Financial Times, the reason why the latest quota figure proved superfluous is the global crisis. As soon as the crisis is over, the UK will need many more labourers, and draconian restrictions on immigration will prove counter-productive. ## What you should do **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Solicitors or Barristers please [click here](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) or call 0845 8622 529.** --- # Supreme Court decides ‘Spouse Visa Age’ Source: https://immigrationandvisasolicitors.co.uk/supreme-court-decides-spouse-visa-age/ In a landmark ruling, the UK Supreme Court of Justice has dismissed the Home Secretary’s appeal to increase the UK spouse visa age from 18 to 21. The ruling upholds an earlier judgment that found that the increase in age interferes with the right to family life guaranteed by the ECHR and the Human Rights Act. ## Case facts *In R (on the application of Aguilar Quila) v Secretary of State for the Home Department; R (on the application of Bibi) v Secretary of State for the Home Department: SC (Justices of the Supreme Court - Lords Phillips (president), Brown, Clarke, Wilson, Lady Hale): 12 October 2011*, the court ruled that an amendment to the immigration rules introduced by Labour home secretary Jacqui Smith in 2008 was not lawful. Referring to paragraph 277 of the Immigration Rules (HC 395) (the rules)  ‘Nothing in these rules shall be construed as permitting a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as a spouse or civil partner of another, if either the applicant or the sponsor will be aged under 21… on the date of arrival in the UK or (as the case may be) on the date on which the leave to remain or variation of leave would be granted.’ The proceedings concerned two appeals which had been joined as they  both related to the  same issue namely; judicial review proceedings had been brought where the change of the age requirement had prevented the claimant from entering the UK. Both claimants sought to bring applications for judicial review of paragraph 277 of the rules. Both respondents were non-EEA nationals who sought leave to remain as the spouses of British citizens. It was accepted by all parties concerned that there was no question of forced marriage in either case. However, both parties were refused on the basis of the amended Rule 277. Lord Wilson said that “the refusal to grant marriage visas condemned both sets of spouses to live separately for approximately three years” and that it was a “colossal interference to their family life”. The judge held that the secretary of state had failed to establish that the amendment  to paragraph 277 of the rules  was balanced between the rights of the parties to unforced marriages and the interests of the community in preventing forced marriages. In all events, she had failed to establish that the interference with the claimants’ rights under article 8 of the convention had been justified. The judge went on to say that the right to marriage was a fundamental right. It did not include the right to marry in any particular place, at least if it was possible to marry elsewhere. It was not a qualified right, and the state could only restrict it to a limited extent, and not in such a way as to impair its essence. In conclusion it was held that such interference was a disproportionate and an unjustified interference with the right to respect for family life. ## What you should do The above decision signifies a positive change in upholding the non-nationals to choose where to marry or where to cohabit once married. However there are many other obstacles imposed by the UKBA when it comes to making a successful application, there are many procedural requirements which have to be met. Our **[expert immigration legal team](https://immigrationandvisasolicitors.co.uk/expert-advice/) **can provide you and your family with a bespoke immigration solution.**  **We have a team of Immigration lawyers who can assist you with your application, tailor their approach to meet with your individual needs and devise a strategy to facilitate a successful outcome.  We will advise you on the documentary evidence required to make a successful application in accordance with the requirements of the Immigration rules. **** **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Solicitors or Barristers please [click here](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) or call 0845 8622 529.** --- # Proposed changes to Family immigration Source: https://immigrationandvisasolicitors.co.uk/proposed-changes-to-family-immigration/ According to the Law Gazette many Solicitors have rejected the proposed changes to family immigration as “venal” and “unethical” They believe that the proposals would have a disproportionately adverse effect on women whilst others have commented that they see the proposals as impractical and heavy-handed. ## Main changes Of the 40 proposals included in the consultations, the main area of concern seems to be Marriage based application, the consultations have proposed the introduction of a specific minimum income requirement (for maintenance  purposes) for British and settled sponsors to bring family members over; more onerous requirements on what constitutes ‘a genuine and continuing relationship”, this translates to a more cumbersome burden in that the applicant will need to provide extensive documentary evidence to substantiate the basis of their relationship; an extension of the probationary period for spouses to five years; increasing the English Language requirement for settlement purposes from A1 to B1 level; introducing interview arrangements for sponsors; restricting the ability of those sponsored as a spouse to sponsor another spouse or partner from within 5 years of settlement; a requirement to take out medical insurance for certain family members; the introduction of powers to delay marriages which are suspected of being ‘sham’ marriages and legislating to make forced marriage a criminal offence. In relation to the Dependant relative visa the Home office is looking to introduce a specific income threshold for sponsors of dependants for maintenance and accommodation; ending of indefinite leave to enter for adult dependants and dependants aged 65 or over and the introduction of a 5 year settlement period; bringing in more onerous requirement as to what constitutes dependency for elderly relatives with the possibility of increasing the age threshold and the introduction of an English language requirement for this visa category. With regards to the Points based family members they would like to extend the probationary period from 2-5 years- with only time spent in the UK counting towards this and also increasing the English language competency for dependants to level B1 English language, if they wish to settle in the UK. ## Other changes Other proposed changes suggested are that Solicitors should countersign applications for marriage. Law society immigration law committee member Stefan Vnuk has commented that “There are ethical issues around co-opting solicitors into immigration control and requiring them to countersign applications. They are not trained or regulated for such a role- they are legal advisers” Due to the draconian approach of the UKBA and their desire to stem immigration with the often burdensome critrea set in order to make a successful outcome, we would recommend that it is imperative to obtain legal assistance when making such an application. ### What you should We have a team of experts dedicated to bringing you a successful outcome.** **We have extensive expertise in a number of areas of Immigration law including all aspects of the new Points Based System including Tier 1; Tier 2 General applications; Tier 2 Sponsorship licences and Tier 4 applications. We also have extensive experience in assisting clients with visa extensions; Indefinite leave to remain applications and Naturalization applications.  Alongside this we also specialise in Marriage, Civil Partnership, Asylum and Human Rights applications (in particular Article 8; the right to private and family life, and Article 3; protection against inhumane and degrading treatment). We provide a personalised approach tailored to the individual needs of our clients. We are able to understand your needs and also advise you of the potential setbacks you may face and devise a strategy to obtain a successful outcome. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Solicitors or Barristers please [click here](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) or call 0845 8622 529** --- # Changes to settlement requirements for Tier 2 migrants and Work Permit holders Source: https://immigrationandvisasolicitors.co.uk/changes-to-settlement-requirements-for-tier-2-migrants-and-work-permit-holders-immigration-lawyers-london/ From 31 October 2011, there are now additional changes to the Immigration Rules.  Previously the UKBA amended the Immigration Rules to introduce a salary requirement for settlement applications made by work permit holders and migrants under Tier 2 of the points-based system. ## Summary of changes Under the new rules these applications must now include written confirmation from an applicant’s employer or sponsor that they are being paid at or above the appropriate rate for their job as set out in the Tier 2 codes of practice. Work permit holders and Tier 2 migrants will now need to provide specified documents to confirm that they are being paid at or above the appropriate rate for their job. This requirement will be in addition to the employer's confirmation. ## What you should do Our legal experts are fully up to date with the latest changes to the Immigration Rules, they will be able to explain how this rule change may affect you and will be able to guide you further on the types of documents to provide in order to make a successful application. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Solicitors or Barristers please **[**click here**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** or call 0845 8622 529.** --- # Appealing immigration and asylum decisions from 19 December 2011 Source: https://immigrationandvisasolicitors.co.uk/appealing-immigration-and-asylum-decisions-from-19-december-2011/ From 19 December 2012 changes to asylum and immigration appeals will be in force affecting cost fees, payment and where appeals will be submitted to. Applicants will be expected to contribute towards system cost fees and will be required to pay £80 for a paper consideration and £140 for oral hearings. ## Summary of changes This new rule will apply to all appeal applications made on or after 19 December 2011, with the exception of those who are receiving legal aid, those provided with asylum support funding, those receiving benefit services under section 17 Children Act 1989  and specific types of appeal decisions. If applicants are unable to pay due to exceptional circumstances the applicant can apply to have the fee remitted or reduced. These fees are relatively low level and only recover approximately 25% of the full cost of administering an appeal. Such appeals and payments can now be made via a new online facility. Allowing applicants ,or others on their behalf, to pay fees using a Mastercard or Visa debit or credit card. Applicants appealing decisions on or after 19 December 2011, will be required to submit their appeals directly to the First- tier Tribunal (immigration and Aslyum Chamber) in Leicester. As oppose to sending the application to the visa application centre overseas who made the initial decision. ## What should you do Such changes impact the  immigration appeals process significantly. Thus it is important to instruct specialist immigration lawyers to assist with appeal matters. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. If you have any queries please do not hesitate to contact one of our Solicitors or Barristers at 0845 8622 529 or, alternatively, please [click here](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) ** --- # High Court rules immigrant spouses must speak English before moving to the UK Source: https://immigrationandvisasolicitors.co.uk/high-court-rules-immigrant-spouses-must-speak-english-before-moving-to-the-uk/ The High Court have dismissed legal challenges to the rule that spouses should speak English, before coming to reside in the UK with their spouse. The law was implemented back in November 2010 and received great criticism from couples claiming the requirement was 'unfair' and 'racist.' ## Reasons for this requirement UK immigration minister Damian Green has upheld the arguments for this legal requirement claiming "it is entirely reasonable that someone intending to live in the UK should understand English, so they can integrate and participate fully in our society." As well as improving integration, it is thought this is an attempt by the Home Office to reduce the costs for translators needed in the public sector, as they are struggling to deal with the increasing demand from people who do not speak English. Critics against this change in law have suggested that the new language test is incompatible with a couples right to family life, under Article 8 of Human Rights Act 1998. However such claims have been struck down by presiding judge Justice Beatson stating the test is "not a disproportionate interference" with this right. ## What you should do Overall this language test will continue to be a requirement for marriage or spouse visas, affecting all applicants. Immigration matters are very complex and it is imperative you seek specialist legal advice. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Solicitors or Barristers please **[**click here**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** to complete a legal case assessment or telephone 0845 8622 529.** **** --- # Inadmissible evidence in points based applications Source: https://immigrationandvisasolicitors.co.uk/inadmissible-evidence-in-points-based-applications/ With the recent drive to cut down on the rate of Immigration to the UK, a new rule has come into force which will restrict new evidence that can be submitted in points based appeals thereby severely curtailing the number of successful applications that can be made. The announcement was made by  Damian Green, in which he stated: *“Section 19 of the UK Borders Act 2007 will come into force on 23 May 2011. Section 19 restricts the evidence an appellant can rely on at such an appeal to that which is submitted to and considered by the UK Border Agency in support of an application.* *Reforming the immigration system and reducing the level of immigration to a sustainable number is one of the big tasks of this Government. Our goal is an improved system that commands the confidence of the public and serves our economic interests. We have made clear that we will take a robust approach, that we will tighten up our system, stop abuse and welcome only the most economically beneficial migrants. This Government has already delivered a new annual limit on non-EU economic migrants and has announced reforms to the student visa system to be implemented over the course of the next year. These measures are aimed at attracting the brightest and the best, whilst reducing the level of net migration and tackling abuse.* *People wishing to remain in the UK under the Points Based System are required to submit all relevant evidence in support of their application at the time that application is made. This enables caseworkers to make the right decision in the first instance, often avoiding unnecessary and expensive publicly funded appeals. It also protects the integrity of the immigration system, ensuring all necessary checks can be made and any deception identified.* *But this system has been subject to misuse at the expense of the taxpayer. Individuals already in the UK but unsuccessful in their application to extend their time here have been using the appeals system as a free second application process – putting in evidence at the appeals stage which should have formed part of their application. Our management information shows that around two-thirds of PBS appeals allowed by the Tribunal are due to submission of further evidence at appeal.* *It is not right that the taxpayer should foot the administrative and appeals bill where this information should have been put forward as part of the original application or where a second application including all the necessary information (for which we will charge) is the most appropriate route to securing a grant of leave. Section 19 will restrict the type of new evidence that can be taken into account by the Tribunal. It will prevent circumvention of checks, helping restore public confidence in our immigration system and contribute to wider improvements to reduce the overall cost of the appeals system.”* ## The proposed change Section 19 affects the jurisdiction conferred on the Upper Tribunal by amending section 85 of the Nationality, Immigration and Asylum Act 2002. Section 85 stipulates the kind of evidence the Asylum and Immigration Chamber of the First Tier Tribunal is and is not entitled to take into account when deciding appeals against immigration decisions. The new section 85A will restricts the evidence which the Tribunal can consider to that which was originally submitted by the person appealing when he or she made the application to the UKBA, unless it is relevant to any point being pursued on the appeal which is different to whether the decision is in accordance with the Immigration Rules or is unlawful for some other reason. Evidence will also be allowed to be considered by the Tribunal to prove that a document already submitted is genuine or valid, or if it relates to the exercise by the Secretary of State of a discretionary power not related to the points based system. So where an application for leave to remain is refused under a general ground for refusal this new section wouldn’t operate to restrict evidence used to show that the refusal on that basis was incorrect. The introduction of this provision will cause unnecessary hardship to people making points based applications. To make sure everything is in order an applicant will need to wade through the main body of the immigration rules, the various appendices, the policy guidance documents, and the application form. Sometimes there are contradictions, and the application forms certainly do not explain all of the relevant requirements. The documents provided in support of their applications will have to conform to the strict letter of these rules and there will be no room for discretion. Failure to provide the information requested in the correct format will lead to an unsuccessful application.  A failed application will lead to the additional expense of either having to reapply thereby having to pay another fee to the UKBA to have the application processed or to r pursue a claim for judicial review. Appeals will only be pursuable on limited grounds. ## What you should do With the above changes it is imperative that you seek specialist legal advice at the outset of making any type of application. At Immigration and Visa Solicitors we can assist your with your applications for any form of leave to remain (or for entry clearance) under the points based system at the outset and help you comply with the strict requirements of the UKBA requirements, thereby eliminating the stress caused in submitting such applications. Our team of experienced and professional solicitors will be able to guide you through the process step by step and eliminate the possibility of failure by complying with the strict letter of the law. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Solicitors or Barristers please **[**click here**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** or call 0845 8622 529.** --- # Changes to UK Tier 1 and Tier 4 Visas Source: https://immigrationandvisasolicitors.co.uk/changes-to-uk-tier-1-and-tier-4-visas-entrepreneur-investor-student/ Throughout 2012 a number of changes will be made to Tier 1 and Tier 4 visas affecting prospective applicants and current visa holders. Relevant bodies will be inspecting and reviewing all Tier 4 visas, if such visas do not meet the satisfactory criteria of this inspection no sponsorship may be able to take place under the UK immigration system. This change will affect sponsored international students in particular. ## Summary of Changes As of April 2012 major changes will be made to both Tier 1 and Tier 4 visas. Work placements will be limited to one third of the course which is studied, subject to courses at degree level sponsored by a higher education establishment or study based abroad programmes. New time limits will also be put in place, a Tier 4 visa will last a maximum of five years, with the exception of longer courses of study and doctorates of higher education establishments. From 1st April 2012 all Tier 1 visas will be closed, the UK Boarder Agency will provide an alternative option through the Tier 2 system for graduates. This will mostly apply to graduates offered a skilled job from a sponsoring employer. Such changes display an attempt to 'crack down' on student visas and graduates remaining in the UK. Not only do these changes have a detrimental effect for those who wish to obtain a Tier 1 or Tier 4 visa in the future, they also affect those who currently have a Tier 4 visa. ## What you should do With the above changes it is imperative that you seek specialist legal advice at the outset of making any type of application. At Immigration and Visa Solicitors we can assist your with your applications for any form of leave to remain (or for entry clearance) under the points based system at the outset and help you comply with the strict requirements of the UKBA requirements, thereby eliminating the stress caused in submitting such applications. Our team of experienced and professional solicitors will be able to guide you through the process step by step and eliminate the possibility of failure by complying with the strict letter of the law. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Solicitors or Barristers please **[**click here**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** to complete a legal case assessment or telephone 0845 8622 529.** --- # Olympic/Paralympic games visa requirements Source: https://immigrationandvisasolicitors.co.uk/olympicparalympic-games-visa-requirements/ Olympics 2012 are a great and exciting time to visit London and with the games fast approaching now is a good idea to sort out your visa. It is expected to be an extremely busy summer with an influx of people travelling from around the world to London, so it is important you apply for your visitor visa as soon as possible.UK immigration will start processing applications from 1 January 2012, allowing plenty of time to arrange a visa for your trip to London. ## Visitors In order to obtain a visitor visa for the olympics/paralympics you will need to complete an application form, you will also be required to register your fingerprints and facial images at a visa application centre. To support your application you will need a signed official letter from the London Organising Committee for Olympic Games (LOCOG) confirming you invitation to the games, a valid passport, passport photo, a fee, evidence of how you will pay for the trip yourselves or if your expenses are accommodated for written confirmation of who will fund you and how. ## Olympic/Paralympic Games Family Members If you are an athlete, coach, official or accredited media, different requirements apply and you will need to apply for a special olympic/paralympic visitor visa. You will need to show that you are accredited by LOCOG, and that you intend to stay for no longer than 6 months, you will not take up employment during your stay in the UK and you have enough money to support and accommodate yourself and any dependants. ## What should you do It can be seen that this is quite a complex matter. This is why it is imperative that you instruct specialist immigration lawyers to assist with your olympic visa applications, in time sufficient time for the games. Immigration and Visa Solicitors we can assist your with your applications for any form of leave to remain (or for entry clearance) under the points based system at the outset and help you comply with the strict requirements of the UKBA requirements, thereby eliminating the stress caused in submitting such applications. Our team of experienced and professional solicitors will be able to guide you through the process step by step and eliminate the possibility of failure by complying with the strict letter of the law. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Solicitors or Barristers please **[**click here**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** to complete a legal case assessment or telephone 0845 8622 529.** --- # Amendments to the English language tests for applications under Tiers 1, 2 and 4 of the points-based system. Source: https://immigrationandvisasolicitors.co.uk/amendments-to-the-english-language-tests-for-applications-under-tiers-1-2-and-4-of-the-points-based-system/ The United Kingdom Border Authority (UKBA) have recently made some amendments to the list of approved English language tests for applications made under Tiers 1, 2 and 4 of the points-based system and for spouse or partner applications. ## The amendments include: • The City & Guilds test scores now show 'pass' and there is a separate English language test for spouse/partner applications. • For City & Guilds tests the documents required for a migrants application have been amended. • ETS have changed the way that the scores for their TOEFL ibt (internet based test) map against the Common European Framework of Reference (CEFR). • The ETS TOEFL ibt (internet based test) now includes scores for spouse and partner applications. • There is a change to the web address for the TOEIC (The test of English for international communication) English language test. • Cambridge ESOL (English for speakers of other languages) have amended the title of one of their tests from 'International Legal English Certificate' to 'Cambridge English Legal'. • For Cambridge ESOL tests the minimum grade requirements are clearer. • Trinity College tests now have a 2 year expiry date. *Extractfrom:http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/january/78-english-language   Along with meeting the English Language requirements applicants will also need to satisfy a number of additional requirements in order to make a successful application. The process is often complicated and confusing and we strongly urge anyone considering making such an application to seek professional legal advice. --- # Transformation of the UK Immigration System Source: https://immigrationandvisasolicitors.co.uk/transformation-of-the-uk-immigration-system/ ## Summary of changes Immigration Minister, Damian Green, has confirmed plans to introduce a new and reformed immigration system. He stated that he would like to deter those who cannot contribute to the UK society and attract migrants who have a lot to offer.  This new selective process will be 'contribution based' and replace the existing 'point based' system, migrants will be checked to ensure they add quality to UK life. These changes put into place reflects the governments wishes to cut down on net migration numbers, from hundreds of thousands to tens of thousands. Although they are insisting that it is not just about cutting down numbers but making sure that the 'right people' are coming to the UK. Damian Green said that he wants 'People that will benefit Britain- not just those who will benefit by Britain.' Further changes include changes to family migration, reforms on settlement, changes to eliminate the abuse of the Student Visa route and an annual limit on economic migrants. There will also be introduction of a new route for international graduate entrepreneurs which will allow those who have studied in the UK and engaged in entrepreneurial activities to stay longer and develop their business ideas. ## What should you do These changes will have a major affect on the UK immigration system, as a result matters can become quite complex. This is why it is imperative you seek legal advice and instruct specialist immigration lawyers. Immigration and Visa Solicitors can assist your with your applications for any form of leave to remain (or for entry clearance) at the outset and help you comply with the strict requirements of the UKBA requirements, thereby eliminating the stress caused in submitting such applications. Our team of experienced and professional solicitors will be able to guide you through the process step by step and eliminate the possibility of failure by complying with the strict letter of the law. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Solicitors or Barristers please **[**click here**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** to complete a legal case assessment or telephone 0845 8622 529.** --- # Tier 2 visas will no longer automatically lead to settlement Source: https://immigrationandvisasolicitors.co.uk/tier-2-visas-will-no-longer-automatically-lead-to-settlement/ Since June 2011 the government have proposed plans to end automatic settlement on Tier 2 visas with the intention of breaking the link between 'permanent' and 'temporary' migration. Currently a Tier 2 visa allows you stay in the Uk for 3 years with the possibility of an extension of 2 years. After these collective 5 years you can apply for settlement in the UK. ## Summary of changes The key proposed changes are that the Tier 2 skilled worker route will be re- branded as temporary which means those who enter the UK on this route will not automatically be applicable for settlement. However certain types of Tier 2 migrants will be considered for settlement, for example those earning over £150,000 or with specific social and economic value to  he UK. On the other hand proposed plans also include creating a new category for exceptional Tier 2 migrants who can switch to this category and apply for settlement after 3 years in the UK. It is important that those with Tier 2 visas apply for settlement as soon as possible whilst settlement is still an option under a Tier 2 visa. It is expected that, if proposed plans take place, Tier 2 migrants, and their dependants, who do not switch to a settlement route will have to leave after 5 years stay in the UK. ## What should you do These changes will have a major affect on the UK immigration system, as a result matters can become quite complex. This is why it is imperative you seek legal advice and instruct specialist immigration lawyers. Immigration and Visa Solicitors can assist your with your applications for any form of leave to remain (or for entry clearance) at the outset and help you comply with the strict requirements of the UKBA requirements, thereby eliminating the stress caused in submitting such applications. Our team of experienced and professional solicitors will be able to guide you through the process step by step and eliminate the possibility of failure by complying with the strict letter of the law. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Solicitors or Barristers please **[**click here**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** to complete a legal case assessment or telephone 0845 8622 529.** --- # Immigration rule changes coming into effect 6 April 2012 Source: https://immigrationandvisasolicitors.co.uk/immigration-rule-changes-coming-into-effect-6-april-2012/ After much discussion and deliberation immigration rule changes have come into effect overhauling the UK immigration system.  Changes will be made to all tiers with some general changes to the point based system. Most of the changes will come into effect on 6 April 2012, some changes will take effect after. ## Changes to Tier 1 The Tier 1 Post-Study Work route will no longer be an option for migrants seeking stay in the UK. Instead a new Tier 1 visa will be used introducing a Graduate Entrepreneur route. New provisions will also be created to allow those with Tier 1 Graduate Entrepreneur Visas or Tier 1 Post-Study Work Visas to switch to a Tier 1 Entrepreneur Visa. ## Changes to Tier 2 Tier 2 has quite drastic changes with the amount of temporary leave being limited to 6 years for Tier 2 migrants.  A new minimum pay threshold of £35,000, or the going rate for the job, will also be introduced to the Tier 2 system with exceptions for jobs which require PhD's and other jobs with shortages. Tier 2 will see a new 'cooling off' period where those with Tier 2 visas will have to wait 12 months after the expiry of their previous visa before they can apply for a new visa under Tier 2. ## Changes to Tier 4 Tighter restrictions will be placed on students in work placements and limits will be placed on the time spent studying at degree level. ## Changes to Tier 5 Temporary workers will experience a limit of 12 months on their stay in the UK affecting interns, those on work experience and youth exchange programmes. ## Changes to the point based system Curtailment will be made mandatory in Tier 2, 4 and 5 where a migrant has failed to start or ceased to start work or study with their sponsor. The curtailment threshold will also be amended from 6 months to 60 days. There will also be an increase in the funds for maintenance requirements applying to all routes in the immigration system. ## What should you do These changes will have a major affect on the UK immigration system, as a result matters can become quite complex. This is why it is imperative you seek legal advice and instruct specialist immigration lawyers. Immigration and Visa Solicitors can assist your with your applications for any form of leave to remain (or for entry clearance) at the outset and help you comply with the strict requirements of the UKBA requirements, thereby eliminating the stress caused in submitting such applications. Our team of experienced and professional solicitors will be able to guide you through the process step by step and eliminate the possibility of failure by complying with the strict letter of the law. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Solicitors or Barristers please **[**click here**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** to complete a legal case assessment or telephone 0845 8622 529.**   --- # New rules on student visas seeking to tackle abuse of immigration system Source: https://immigrationandvisasolicitors.co.uk/new-rules-on-student-visas-seeking-to-tackle-abuse-of-immigration-system/ Immigration minister Damian Green has recently announced plans to change the student visa route with the aim of tackling the abuse of the student visa route. He claimed that he wishes to ensure only the best and brightest students will be able to stay in the UK. As from 6 April 2012 only graduates who have been offered a skilled job of at least £20,000 per year from a reputable employer accredited by the UKBA will be allowed to remain in the UK. A new graduate entrepreneur route will also be introduced via Tier 1 to allow graduates with business ventures to stay in the UK.  Work placements will also be cut down to one third of the course for international students to ensure students are in the UK to study and not work. In addition the time allowed to stay in the UK to study for a degree course will be cut down to 5 years.  There will also be an increase in the amount of money students must prove they have in order to support themselves financially during their stay in the UK. These changes show the  UK government are taking a 'no nonsense' approach towards student visas and immigration. Stricter requirements will reduce the number of successful student visas and make the application process more selective. ## What should you do These changes will have a major affect on the UK immigration system, as a result matters can become quite complex. This is why it is imperative you seek legal advice and instruct specialist immigration lawyers. Immigration and Visa Solicitors can assist your with your applications for any form of leave to remain (or for entry clearance) at the outset and help you comply with the strict requirements of the UKBA requirements, thereby eliminating the stress caused in submitting such applications. Our team of experienced and professional solicitors will be able to guide you through the process step by step and eliminate the possibility of failure by complying with the strict letter of the law. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Solicitors or Barristers please **[**click here**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** to complete a legal case assessment or telephone 0845 8622 529.** --- # Changes to UK Immigration Rules for Family Visas (Spouse Visa, Marriage Visa, Dependent Visa, Family Visit Visa) Source: https://immigrationandvisasolicitors.co.uk/proposed-changes-to-uk-spouse-visa-uk-marriage-visa-dependent-family-visit-visa/ In July 2012, the Government will make changes to the Immigration Rules for family migration as part of its programme of reform of the migration routes. ## Changes to UK Family Migration Route The changes that will be made are principally to UK Spouse Visas, UK Marriage Visas, UK Dependent Visas and in respect of those of non-European Economic Area (non-EEA) nationality applying for leave to enter or remain in the UK on the basis of their family relationship with a British citizen or a person settled in the UK. ## Changes to UK Spouse Visas, UK Marriage Visas, UK Dependent Visas The changes to UK Spouse Visas, UK Marriage Visas, UK Dependent Visas include: - Introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, fiancé(e) or proposed civil partner, of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child; - The relevant minimum income threshold will apply at every application stage: entry clearance/leave to remain, further leave to remain and indefinite leave to remain (settlement). - Publishing, in casework guidance, a list of factors associated with genuine and non-genuine relationships, to help UK Border Agency caseworkers to focus on these issues; - Extending the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years, to test the genuineness of the relationship; - Abolishing immediate settlement for migrant spouses and partners where a couple have been living together overseas for at least four years; - From October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt; - Allowing adult and elderly dependants to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch in the UK from another category, for example as a visitor; - The 2011 family migration consultation also consulted on whether the full right of appeal should be retained for the refusal of a visa to visit a family member in the UK. In the light of the consultation, the Government has decided that it should not. The Crime and Courts Bill, published on 11 May 2012, contains provision to abolish the full right of appeal. A limited right of appeal will remain on human rights and race discrimination grounds. Subject to Parliamentary approval and Royal Assent, this provision is expected to be implemented by 2014. ## The impact of the changes on UK Spouse/Marriage Visas These changes will have a major effect in restricting the numbers of successful applicants able to enter the UK.  As a result of these changes it is imperative that applications are made urgently and professionally, taking account of the changes.  This is why it is imperative you seek legal advice and instruct specialist immigration lawyers. We can assist your with your applications for any form of UK Family Visa application leave to remain (or for entry clearance) at the outset and help you comply with the strict requirements of the UKBA requirements, thereby eliminating the stress caused in submitting such applications. ## Why use a UK Specialist Immigration Lawyer? We are a UK Solicitors law firm and are fully authorised and regulated by the [Solicitors Regulation Authority](http://www.sra.org.uk/) (SRA). We are often instructed at [immigration appeal](https://web.archive.org/web/20170116013921/https://immigrationandvisasolicitors.co.uk/appeals/) stages in cases that ‘immigration businesses’ have dealt with and which were clearly hopeless applications at the outset. When you instruct us, qualified immigration solicitors or immigration barristers work on your case from the outset when it matters the most in order to ensure no time and money is wasted and more importantly that no mistakes are made. As a [leading law firm](http://lexlaw.co.uk/) with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist your with your applications for any type of Visa or permit and any form of leave to remain (or for entry clearance) under the points based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application, thereby eliminating much of the stress of the application process. **Our Immigration Experts are able to give specialist legal information and advice on applications for UK Spouse Visas, UK Marriage Visas and UK Dependent Visas. To contact one of our Solicitors or Barristers please [click here to complete a legal case assessment](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) or telephone 0845 8622 529.** --- # London Metropolitan University Visa Suspension Source: https://immigrationandvisasolicitors.co.uk/london-metropolitan-university-visa-suspension/ Following the recent decision by the UK Home Secretary to suspend London Metropolitan University’s visa license, many students are facing turmoil and uncertainty in relation both to their studies and living arrangements. This issue has recently been the subject of much media attention with articles appearing in the Guardian newspaper and the BBC. As Professor Malcolm Gillies, Chancellor of London Metropolitan University, stated in a feature piece on the BBC (20/08/12): …The impact of this decision on London Met's foreign students is potentially life-changing. Their visa and permission to be in the UK is entirely dependent on the fact that they are sponsored by a trusted organisation. He also went on to add that the "The UKBA [UK Border Agency] has been confusing universities with [unscrupulous High Street] colleges" and that consequently the UKBA was being overly suspicious of universities. This has massive ramifications for all parties concerned, with international students scrambling to find replacement courses there could be legal action running to tens of millions of pounds and UK universities put under pressure to retain their appeal in a competitive global education market. The legal effects could include a potential JR (Judicial Review) of the UKBA decision and individual students suing London Metropolitan University for massive personal losses. ## Why use a UK Specialist Immigration Lawyer? Lexvisa is a boutique law firm that can assist with immigration matters (including Tier 4 – Adult student visas). For students who are facing legal difficulties Lexvisa offers a free consultation over the phone or in person at our office in Middle Temple (just opposite the Royal Courts of Justice), London. Lexvisa is critically placed to be able to provide authoritative legal advice and representation to those who are facing legal difficulties and uncertainty over legal processes resulting from the UKBA decision to revoke London Metropolitan University’s special status as a "Highly Trusted Sponsor" (HTS). We are a UK Solicitors law firm and are fully authorised and regulated by the Solicitors Regulation Authority (SRA). We are often instructed at immigration appeal stages in cases that ‘immigration businesses’ have dealt with and which were clearly hopeless applications at the outset. When you instruct us, qualified immigration solicitors or immigration barristers work on your case from the outset when it matters the most in order to ensure no time and money is wasted and more importantly that no mistakes are made. As a leading law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist your with your applications for any type of Visa or permit and any form of leave to remain (or for entry clearance) under the points based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application, thereby eliminating much of the stress of the application process. Our Immigration Experts are able to give specialist legal information and advice on applications for UK Spouse Visas, UK Marriage Visas and UK Dependent Visas. To contact one of our Solicitors or Barristers please click here to complete a legal case assessment or telephone 0845 8622 529. --- # Boris Johnson welcomes Tier 4 student visa immigration to the UK Source: https://immigrationandvisasolicitors.co.uk/boris-johnson-welcomes-tier-4-student-visa-immigration-to-the-uk/ *During a five day visit to India, Boris Johnson has spoken out against the Government’s unwelcoming attitude towards foreign students on a tier 4 student visa and restrictions on overseas students which may be putting them off coming to the UK.* The Mayor believes that new rules introduced last year by ministers to clampdown on overseas students and bogus colleges sent out the “wrong signal” and could hit the £2.5bn revenue stream that British universities earn from their fees. Figures released by the Mayor, show that there has been a 9% fall in the number of Indian students applying to study in the UK this year. It has been predicted that there is a further fall of 25% for next year. The new restrictions include higher standards of English literacy and refusing overseas graduates the right to stay in the UK unless they secure a job with a salary above £20,000. This could lead to students being deterred from studying in the UK as it would mean their futures would not be secure. ## Calls to promote British universities Speaking to Indian students in Delhi, Johnson said that he was urging the Government to set up an educational exports commission to promote Britain’s universities abroad and help secure their future. One of its tasks would be to find out if foreign students were choosing to study in the US, Canada and Australia instead of Britain. The Mayor said: “It’s crazy that we should be losing India’s top talent and global leaders of the future to Australia and the United States.” Further, he said that he had written to Theresa May and Vince Cable, backing a campaign to exclude students from the government’s target of reducing net migration. ## The problem with perception Although 75% of Indian students are granted visas, the Mayor believes that there is a problem with perception and said “we need to see a strong statement of welcome to make sure that the visa system is not a deterrent to international students.” The UKBA’s recent decision to remove London Metropolitan University’s (LMU) ability to sponsor visas for foreign students has had a negative impact on how foreign students perceive the UK.  The way the UKBA handled the situation can be said to be without regard to the welfare of these students and may lead others to believe that if they get admitted to British universities, there is no certainty that they will be able to complete their studies. ## Why use a UK Specialist Immigration Lawyer? Lexvisa is a boutique law firm that can assist with immigration matters (including Tier 4 – Adult student visas). For students who are facing legal difficulties Lexvisa offers a free consultation over the phone or in person at our office in Middle Temple (just opposite the Royal Courts of Justice), London. We are a UK Solicitors law firm and are fully authorised and regulated by the Solicitors Regulation Authority (SRA). We are often instructed at immigration appeal stages in cases that ‘immigration businesses’ have dealt with and which were clearly hopeless applications at the outset. When you instruct us, qualified immigration solicitors or immigration barristers work on your case from the outset when it matters the most in order to ensure no time and money is wasted and more importantly that no mistakes are made. As a leading law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist your with your applications for any type of Visa or permit and any form of leave to remain (or for entry clearance) under the points based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application, thereby eliminating much of the stress of the application process. Our Immigration Experts are able to give specialist legal information and advice on applications for UK Spouse Visas, UK Marriage Visas and UK Dependent Visas. To contact one of our Solicitors or Barristers please click here to complete a legal case assessment or telephone 0845 8622 529. --- # Changes to the Tier 1 (Entrepreneur) Visa Source: https://immigrationandvisasolicitors.co.uk/changes-to-the-tier-1-entrepreneur-visa/ *On the 31st January 2013 the UK Border Agency  introduced changes to the Tier 1 (Entrepreneur) visas. **In its attempt to improve the effectiveness and tackle the abuse of the system, the UKBA has introduced the changes which make it more difficult for overseas entrepreneurs to start their businesses in the UK. The proposed changes are applicable to all Tier 1 (Entrepreneur) applications that have not yet been decided and apply to applicants who seek entry clearance or leave to remain in the UK as a Tier 1 (Entrepreneur) migrant for the first time.* # Changes to the Tier 1 (Entrepreneur) Visa The following are some changes: - The introduction of a 'genuine entrepreneur test' which, it is intended, will allow UKBA caseworkers to test the credibility of suspicious applicants; and - A requirement that the necessary minimum funds for the application are held or invested in the business on an on-going basis, rather than solely at the time of application. - The viability and credibility of the applicant's business plans. - The applicant's previous business experience and education -  The applicant's immigration history and -  Any other relevant information. The full Statement of Changes can be viewed [here](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/605981/T1__E__Guidance_04_2017.pdf). ## What should you do? Lexvisa is an established firm based on the heart of London. We have a dedicating team of solicitors who have a wealth of experience in assisting with Tier 1 Applications. Our experts in tax, employment and immigration offer bespoke advice and guidance to help you in the process of investing in the UK. We can reduce unnecessary risk from rejected visa applications  by ensuring that all necessary steps are taken and taken with care; this will in turn cut down unnecessary costs and time. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Solicitors or Barristers please **[**click here**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** to complete a legal case assessment or telephone 0845 8622 529.** --- # Alleged Prejudice among Immigration Tribunal Judges Source: https://immigrationandvisasolicitors.co.uk/alleged-prejudice-among-immigration-tribunal-judges/ An article published in the Independent today has highlighted the insensitive nature of tribunal judges whilst questioning homosexual asylum seekers. Research by LGBT support groups show that 98% of these types of asylum cases were rejected first time around. Claire Bennett, a researcher at the University of Southampton, interviewed women from conservative countries such as Pakistan, Saudi Arabia and Uganda to find out what their experiences were like whilst applying for asylum in the UK. She found that tribunal judges acted insensitively and inappropriately when trying to establish whether the women before them were really gay and therefore would be likely to suffer persecution in their home country. Claire Bennett’s findings include: - Jamaican asylum seeker told “you don’t look like a lesbian”; - Pakistani lesbian asylum seeker asked what clubs she went to despite knowing that she was a Muslim woman whose religious beliefs forbade her to drink; and - Ugandan asylum seeker asked whether she read Oscar Wilde. These findings will be presented to the British Sociological Association’s annual conference and will raise questions on whether judges should be given training on how to deal with asylum seekers claiming they cannot return to their home country as their sexual orientation will expose them to persecution. This may also be a good time for the Government to release statistics from immigration tribunals on how many people each year apply for asylum claiming that they face persecution because of their sexuality. [*Independent page 9 - (**'Gay? Prove it then – have you read any Oscar Wilde?': Judges accused of asking lesbian asylum seekers inappropriate questions)*](http://www.independent.co.uk/news/uk/home-news/gay-prove-it-then--have-you-read-any-oscar-wilde-judges-accused-of-asking-lesbian-asylum-seekers-inappropriate-questions-8558599.html)** --- # Switching options for Tier 1 Post Study Work (PSW) Migrant Visa Source: https://immigrationandvisasolicitors.co.uk/switching-options-for-uk-tier-1-post-study-work-psw-migrant-visa/ *Changes to the Tier 1 Post Study Worker (PSW) Visa took place in April 2012 and the route was closed to new entrants.  The Tier 1 PSW visa category allowed the UK to retain the most able international (non-European) graduates who had previously studied in the UK.  The route was especially beneficial as it allowed applicants to look for work without needing to have a sponsor.* ## Investing in a UK business The [UKTI](http://www.ukti.gov.uk/investintheuk/whytheuk.html) describe the UK as one of the leading business locations in the world and the number one destination for inward investment (FDI) in Europe. It has also long been one of the world’s most popular destinations for wealthy individuals and business owners to reside in and offers a unique mixture of outstanding social and political stability with a highly attractive taxation regime for those born overseas. ## Applying for a PSW Dependant Visa Although the route has been closed, dependants can still apply to join applicants who have obtained prior entry clearance as a Tier 1 migrant (Post Study Worker).  This has been recently discussed in the significant case of Zhang, R (on the application of) v SSHD [[2013] EWHC 891 (Admin)](http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Admin/2013/891.html&query=title+%28+zhang+%29&method=boolean) which concerned the lack of provisions in the Immigration Rules to allow migrants in the Points-Based System to switch whilst in-country into a PBS dependent category.  The applicant was a Tier 2 migrant wishing to switch to become a Tier 1 (PSW) dependant. The applicant sought to judicially review the legality of the Immigration Rules requiring her to return to her country of origin to seek entry clearance as the dependant of a Tier 1 Post Study Worker.  The case has wider implications for those wishing to switch as Tier 1 Post Study Worker dependants. ## Requirements for switching to a Tier 1 Entrepreneur visa Tier 1 PSW migrants can switch into the Tier 1 Entrepreneur route by making an initial application in the UK. An applicant must demonstrate that he/she has access to £50,000 which is held in one or more regulated financial institutions and the money is disposable in the UK. In addition, the applicant will need to meet the English language and maintenance requirements. Individuals who are switching categories, will be granted leave for 3 years, thereafter a successful extension application will grant leave to remain for a further 2 years. ## Changes from 31 January 2013 - Genuine Entrepreneur Test On 31 January 2013, the Immigration Rules were amended to prevent abuse of the entrepreneur route. Where the UK Border Agency may have concerns, they may ask the applicant to demonstrate that the funds he/she has used to apply remain available to beyond the date of the application. The funds must continue to be available to the applicant until they are spent by the business or businesses. ‘Available to the applicant’ means that the funds must be: (1) in the applicant’s own possession; or (2) in the financial accounts of a UK incorporated business of which the applicant is the director; or (3) available from the third party or parties named in the applicant’s application (if applicable). Although these more stringent tests may discourage potential entrepreneurs from coming to the UK or switching to a Tier 1 Entrepreneur visa, [Mark Harper](http://thepienews.com/pie-chat/mark-harper-immigration-minister-uk/), the UK Immigration Minister wishes to make it clear that the UK will welcome the brightest and best student coming to the UK’s world class universities. Also note that in April 2013, more changes were introduced under the Graduate Entrepreneur route: From April 2013, the Tier 1 (Graduate entrepreneur) route has been changed to include additional places for talented MBA graduates from UK Higher Education Institutions (HEIs). This will also include the UK Trade and Investment's elite global graduate entrepreneur scheme ## Switching or initial visa applications - how we can help We have a great deal of experience in assisting high net worth business clients making entry clearance, leave to remain applications or switching  applications under the points based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application, thereby eliminating much of the stress of the application process. --- # Current Difficulties with the UK Immigration System Source: https://immigrationandvisasolicitors.co.uk/current-difficulties-with-the-uks-immigration-system/ *The Queen’s speech on 8 May 2013 contained some controversial proposals to tackle immigration abuse.  In her speech, the Queen said that the new immigration bill would aim to "ensure that this country attracts people who will contribute, and deter those who will not". We examine the current difficulties with UK immigration.* ## Immigration Reform The bill has introduced controversial proposals such as private landlords having to check their tenants' immigration status, bigger fines for businesses caught employing illegal foreign labour and illegal migrants not being able to obtain driving licences. The UKBA has suggested that they will give the full force of legislation to the policy they have already adopted in the Immigration Rules.  The courts would therefore be required to properly reflect the balance given to the public interest when ruling on immigration cases. From 1 April 2013 the UK Border Agency was split into 2 separate units within the Home Office: an immigration and visa service and an immigration law enforcement division. ## Changes to the Tier 1, Tier 2 and Tier 4 routes The government are in the process of implementing further changes to UK Immigration rules which include the following: - For Tier 1 (exceptional talent) route the application process will be split so applicants will no longer have to pay full fees up front. This will mean applicants will not have to submit their passport while their application for endorsement by a designated competent body is being considered. - For Tier 2, to improve the flexibility for intra-company transferees and for employers carrying out the resident labour market test. - The shortage occupation list and the codes of practice for skilled workers. - For Tier 4, to allow completing PhD students to stay in the UK for one year beyond the end of their course to find skilled work or to set up as an entrepreneur; and - For family and private life,  minor changes are being introduced to reflect feedback from legal practitioners and UKBA caseworkers. ## Article 8, Human Rights & UK Immigration policy  The general culture at the Home Office is a concern for some practitioners. There is anecdotal evidence among immigration lawyers to suggest that it has become increasingly anti-immigrant. A former Home Office insider has described the culture as completely “wrong” and not one which seeks to uphold people’s rights. Pressures on decision makers include the fact that a grant of asylum requires the approval of a superior whereas a refusal does not. The huge backlog mentioned above means that there is the temptation to quickly sign off cases. However, many of these decisions ultimately find their way to an immigration judge. Apart from the delay for all concerned, this is a costly waste of public resources. A perceived lack of respect for Human Rights and the non-application of the Human Rights Act to Home Office decisions is a further cause for concern among practitioners. In a political climate where the reduction of net immigration is a top Government priority, Human Rights must inevitably be seen as a low priority. This political objective is also seen by many to be behind the constant flow of changes to the law and policy guidance, all of which make consistency and fairness more difficult to achieve. Finally, there is the attempt by the Home Secretary in 2012 to codify Article 8 rights within the immigration rules. The aim seems to have been to establish a kind of one stop shop for such rights. Nevertheless, the rules have been consistently interpreted by the courts as statements of executive policy which do not take the place of court and tribunal decisions. The courts have started to chip away at the rules. This may, in time, lead to an even greater number of reversals on appeal. This will not help to reduce the shocking backlog of cases mentioned above and lead to further systemic difficulties in the future. ## Problems with the UKBA; 'fit for purpose'? With an immigration backlog of 310,000 cases and frequent revisions in policy guidelines, immigration advisers are currently face a multiplicity of problems in dealing with an immigration system once famously described as “not fit for purpose”. That remark was by former Home Secretary John Reid, but many legal practitioners would still agree with that statement today. The problems faced by advisers range from a drop in the quality of decision making to what many perceive as an anti-immigration culture at the Home Office to blatant disregard for Human Rights Law in making immigration decisions. For many practitioners, decision making is often seen as poor. The UKBA, for example, places great emphasis on correct documentation in processing cases. However, important originals are sometimes returned and decisions made on retained copies. Moreover, entry officers have a history of alleging documents are fraudulent when there is little evidence to suggest it. Frequently, such difficulties have to be resolved at the appeal stage, in court. The quality of decision making is also revealed in the number of asylum appeals allowed. This currently stands at a quarter of all appeals; a higher number than for any other Government department. --- # Article 8 Human Rights Appeal: Olympic Activist Expelled from UK Source: https://immigrationandvisasolicitors.co.uk/article-8-human-rights-appeal-activist-expelled-uk/ *The UK Border Agency ([UKBA](https://www.gov.uk/government/organisations/uk-visas-and-immigration)) have refused the Olympic activist Trenton Oldfield’s [UK spouse visa application](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) and ordered him to leave the UK forcing him to consider his human rights grounds under Article 8 of the ECHR (right to a private family life).  The Australian national made headlines during the 2012 Olympics when he disrupted the Oxford v Cambridge boat race to protest against the UK’s government cuts and to highlight the sport’s ‘elitism’. He was arrested and received a six month jail term for his actions.* ## Presence in UK 'Not Conducive to the Public Good' Despite the fact that Mr. Oldfield is married to a British national and has reportedly lived in the UK since 2003, the UKBA refused his [spouse visa](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) application and stated that his presence is [not ‘conducive to the public good’](https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&ved=0CDkQFjAB&url=http%3A%2F%2Fwww.ukba.homeoffice.gov.uk%2Fsitecontent%2Fdocuments%2Fpolicyandlaw%2Fmodernised%2Fgeneral-grounds-refusing%2Fabout.pdf%3Fview%3DBinary&ei=eXzJUeSbKc7B0gW2toCQAg&usg=AFQjCNFATH64bzt3jNlT3DaFlcyKRBInGw&sig2=rf94gOfdTlWSKwMnleoaMA&bvm=bv.48293060,d.d2k) due to the disruption he caused at the boat race in the Olympics last year and the fact of his criminal record. Mr. Oldfield’s British wife is currently pregnant with their child. Mr Oldfield told the Guardian: ‘No one was expecting this. I have a tier one visa, as a highly skilled migrant, and I was sentenced to less than a year’. The activist now intends to appeal the decision. ## Appealing using Human Rights: Article 8 - Family Life The UKBA’s decision  has controversy as many feel that the decision is disproportionate to [Article 8, the right to a family life](https://immigrationandvisasolicitors.co.uk/human-rights/). Article 8 of the Human Rights Act 1998 enshrines the Right to respect for private and family life, it stipulates that “there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”  An individual can rely on Article 8 if he/she can show that they face a serious and unjustified interference with their family or private life if removed from the UK. This sentiment is echoed by Mr. Oldfield’s MP, Rushanara Ali, who represents Bethnal Green and Bow in east London. She told the Guardian newspaper "He has served his sentence and now his right to family life is being undermined," she said. "I don't condone what he did, but it seems disproportionate to say that someone whose offence was to disrupt the Oxford v Cambridge Boat Race is a threat to our security, whose presence is not conducive to the public good." --- # New UKBA Visa Application Forms (From July 2013) Source: https://immigrationandvisasolicitors.co.uk/new-ukba-visa-application-forms-july-2013/ *On 27 June 2013, the UK Border Agency announced that they were making changes to some of their application forms. They have now published new versions of the application forms for use on or after 1 July 2013.* ## UK Visa applicants already in the UK - Tier 1 (Exceptional Talent); - Tier 1 (Investor); - Tier 1 (Graduate Entrepreneur); - Tier 1 (General); - Tier 2 (Priority); - Tier 2 (Priority Dependant); - Tier 2 (Main Applicant); - Tier 4 (General); - Tier 5 (Temporary Worker); - PBS Dependant application form for dependants of Tier 1, 2 and 5 migrants; and - PBS Dependant application form for dependants of Tier 4 migrants. ## UK Visa applicants in or outside the UK - Tier 1 (Exceptional Talent) Endorsement. ## Leave to Remain or European Document Applications - BR1 (registration certificate); - BR2 (highly skilled); - BR3 (accession worker card); - BR4 (family accession worker card); - BR5 (residence card); - BR6 (family member residence card); - CR1 (blue or yellow registration certificate); - CR2 (highly skilled); - CR3 (purple registration certificate); - CR4 (residence card); - CR5 (family member residence stamp); - EEA1 (registration certificate); - EEA2 (residence card); - EEA3 (permanent residence); and - EEA4 (permanent residence). ## Using the New UKBA Application forms Applicants should use the new forms if applying on or after 1 July 2013 for leave to remain or European documents. However, the UK Border Agency will continue to accept applications made on previous versions of these forms up to and including 22 July 2013. The UK Border Agency have stated that if you have submitted an application for leave to remain on or after 1 July 2013, they will consider it under the revised Immigration Rules which take effect on 1 July 2013 regardless of which version of the form you use. Applications submitted on or after 1 July (other than on the BR2, BR3 or BR4) must be accompanied by the new fee. The UK Border Agency will not accept applications submitted with the incorrect fee. --- # High Court Judicially Reviews UKBA’s ‘Financial Requirement’ For Spousal Maintenance Source: https://immigrationandvisasolicitors.co.uk/ukba-financial-requirement-spouse-visa-maintenance-jr/ *The High Court has now ruled that the financial requirement for spouse visa applications in the Immigration Rules are ‘unjustified and disproportionate’ in cases where the sponsor is a refugee, settled in the UK or a British citizen. In the case of [MM & Ors v Secretary of State for the Home Department ](http://www.bailii.org/ew/cases/EWHC/Admin/2013/1900.html)[[2013] EWHC 1900 (Admin)](http://www.bailii.org/ew/cases/EWHC/Admin/2013/1900.html), Mr. Justice Blake has ruled that the financial requirement causes difficulties for many individuals as most are unable to meet the specified amount of £18,600 to demonstrate that they will be able to maintain their spouse in the UK.* ## What is the current UKBA Financial Requirement? The Immigration Rules were amended on 9 July 2012 to introduce a [financial requirement](http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/) to be met by a person applying for leave to enter, leave to remain and indefinite leave to remain in the UK on the basis of their family life with a person who is: - British Citizen; or - Present and settled in the UK; or - In the UK with refugee leave or humanitarian protection. The rules specify that a sponsor must be earning £18,600 per annum before they can sponsor their spouse, unmarried partner or same sex partner to enter or remain in the UK. Although there are provisions for combining the earnings of the sponsor and the applicant; this has proved to be problematic for many individuals.  ** ** ## Impact of the Judicial Review on UK Visas' Financial Requirements Although the rule has not been changed, the ruling has  wide implications and has made some commentators hopeful that this hugely unpopular and controversial requirement will be changed in the near future. The court criticised the requirement and stated: > *“…to set the figure significantly higher than even the £13,400 gross annual wage effectively denies young people and many thousands of low-wage earners in full time employment the ability to be joined by their non-EEA spouses from abroad unless they happen to have wealthy relatives or to have won the lottery. This frustrates the right of refugees and British citizens to live with their chosen partner and found a family unless such modest earnings could be supplemented by any reasonably substantial savings, third party support or the future earnings or the spouse seeking admission. The executive can hardly be heard to say that the minimum adult wage is a manifestly inadequate sum to provide a basic standard of living over the subsistence threshold for a household without dependent children.”* The court has also reiterated that British citizens have *‘a fundamental right of constitutional significance recognised by the common law to live in their home country but that for many applicants (estimated at around half the British population, in fact) if they wish to marry and live with a foreigner the rules require them to leave their own country’.* ## Are you affected by the 'Financial Requirement'? The Home Office has responded to the judgment by publishing a [statement](http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/87-min-income-threshold) and has stated that they have paused decision-making on some spouse/partner and child settlement visa and leave to remain applications to enable them to consider the implications of the judgment. If you would like to discuss how the financial requirement may affect you, please call us today and our london immigration solicitor's will be able to assist you by meeting with you and reviewing your case. --- # UKBA Toughens up on Businesses with Illegal Migrant Employees Source: https://immigrationandvisasolicitors.co.uk/ukba-tough-employers-illegal-employees-migrants-fines/ *Businesses employing illegal migrants risk a fine which is set to increase to £20,000 per illegal employee under [new measures unveiled this month](http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2013/july/20-civil-penalties) by the UK Government. This in addition to other tough measures is intended to aid the UKBA in tackling illegal working which is believed to encourage illegal immigration and overstaying.* ## Employing Illegals: UK Government’s Toughened Measures Proposals being considered to toughen civil penalties for businesses employing illegal migrants are: - The maximum penalty for employing illegal workers has increased to £20,000; - Simplifying the way civil penalties are calculated; - Simplifying the way unpaid penalties can be enforced in the civil courts; and - Measures to allow recovery of a civil penalty from directors and partners of limited liability businesses following failure to pay by the businesses. ## UKBA Getting Tough on Employing Illegal Migrants The proposals outlined in the latest consultation will form part of the Immigration Bill, being introduced later this year. The UK’s Immigration Minister Mark Harper has said:** “**This government is committed to taking action to effectively tackle illegal working. Illegal working encourages illegal immigration, it undercuts legitimate businesses by illegal cost-cutting activity, and is often associated with exploitative behaviour like tax evasion and harmful working conditions.” ## UK Government’s Proposals For Legitimate Employers At the same time, the government has unveiled the following proposals to help legitimate businesses: - reducing the number of documents an employer needs to check to establish a migrant has a right to work; -  replacing annual follow-up checks for non-EEA nationals with ones to coincide with the expiry of permission to be in the country; - Simplifying the operation of the scheme and the guidance for employers; and - Helping prevent undercutting by rogue employers. ## Pilot Scheme for Illegal Immigrants to Leave the UK The Government has also launched a [pilot scheme](http://www.dailymail.co.uk/news/article-2373625/Is-ridiculous-Home-Office-stunt-Vans-encourage-illegal-immigrants-send-texts-free-advice-getting-home.html?ito=feeds-newsxml) intended to encourage illegal immigrants to leave the UK voluntarily. Vans displaying large adverts will be driven around Hounslow, Barking & Dagenham, Ealing, Barnet, Brent and Redbridge highlighting the advantages of returning home. This is clearly a means to scare illegal workers and make it more difficult for people to live and work in the UK illegally. There is also a planned increase in the number of enforcement officers arresting, detaining and removing people with no right to be in the UK. ## Legal Advice for Migrants and Employers Employers who are facing fines may wish to instruct a specialist solicitor who can negotiate the level of fines down with the UKBA by putting forward any mitigation and referring to the law and statutory rules surrounding the levy of the fines. As ever llegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible. --- # Tier 2 UK Sponsorship Licence Scheme Challenged in Supreme Court Source: https://immigrationandvisasolicitors.co.uk/tier-2-sponsorship-licence-scheme-challenged-in-uk-supreme-court/ *The [sponsor licensing scheme](http://www.ukba.homeoffice.gov.uk/business-sponsors/points/sponsoringmigrants/) (sponsoring migrant workers under the points based system) was recently challenged in the Supreme Court and was found to be lawful by that court. Although this may be a blow for employers and education institutions wishing to sponsor migrants from outside the UK and EEA, it provides a useful insight into the legality of the sponsor licensing scheme and may open the door for future claims.  Commentators have observed that future challenges may render the sponsorship scheme redundant and the ‘work permit’ scheme which was abolished in 2008 could be reintroduced in the future.* ## UK Supreme Court on the Sponsor Licence scheme In the case of   [R (on the application of New London College Ltd) v Secretary of State for the Home Department [2013]](http://www.bailii.org/uk/cases/UKSC/2013/51.html), the court declared that the mandatory requirement of obtaining a sponsor licence including the sponsor guidance is in fact lawful. However the leading Judge Lord Sumption did comment on the complexity of the guidance and agreed that: *‘The Sponsor Guidance is a large and detailed document issued on behalf of the Secretary of State, which may be amended at any time and has in fact been amended with bewildering frequency.'* The case highlighted the inadequacy of the UK Border Agency in dealing with the sponsorship scheme and has provided clarity for many employers and education institutions. The judgement has been welcomed by many in the immigration legal field as it provides a well deserved criticism of the rules and regulations introduced by the UKBA which are becoming increasingly pedantic. The court has recognised that the current immigration framework is antiquated: *‘The Immigration Act 1971 is now more than forty years old, and it has not aged well. It is widely acknowledged to be ill-adapted to the mounting scale and complexity of the problems associated with immigration control. The present appeals are a striking illustration of the difficultie**s’. * ## Current UKBA Procedure for Sponsors Currently employers and education institutions wishing to employ or offer students courses to non UK and EEA migrants must register with the UK Border Agency as ‘sponsors’ under the Tier 2 and Tier 4 Points Based System scheme. This is a lengthy and complex procedure in which the sponsor must register with the UKBA and obtain a sponsorship licence which enables them to issue Certificates of Sponsorship or Certificates of Acceptance. ## The Future for Tier 2 and Tier 4 Sponsors The judgement has also been welcomed by business and education institutions who view this as opening the door for future claims. The [courts have recently criticised the UKBA](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/ukba-financial-requirement-spouse-visa-maintenance-jr/) for their intransigent approach to family applications and many view this judgement as an attempt to weaken the UKBA’s robust approach to controlling the employment and education of migrants. ## Instructing Solicitors for a Tier 2 UK Sponsor Licence Qualified experienced immigration solicitors can help with applications for a sponsorship licence and work as follows to ensure success: - A consultation with a qualified practising solicitor or barrister at our Middle Temple, London chambers; - A legal review of your circumstances to ensure success in your Sponsor Licence Application; - Provision of the UKBA same day service PEO appointment if required; - Professional error free completion of all the UKBA application forms needed; - Allocation of a UK Sponsor Licence specialist Solicitor or Barrister; - Aiding you in compiling all documents needed to support an application for a Sponsor Licence; - Regular updates from your legal team, keeping you informed of the progress of your Sponsor Licence application; - Immediate notification once a decision has been reached; - Addition value in helping newly employed foreign nationals apply for a UK Certificate of Sponsorship (ie a UKBA Work Permit). If you would like more information on obtaining a Tier 2 UK sponsorship licence or if you are a migrant with a certificate of sponsorship, feel free to [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for professional and expert legal advice on your matter. --- # UK Tier 1 Entrepreneur Visa: the UKBA’s ‘Genuine Entrepreneur Test’ Source: https://immigrationandvisasolicitors.co.uk/uk-tier-1-entrepreneur-visa-ukbagenuine-entrepreneur-test/ *Following a [change](http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2013/january/41-t1-entrepreneur) to the Immigration Rules which came into force on 31 January 2013, if you are an individual seeking to enter or remain in the UK under the Tier 1 Entrepreneur category, the UK Border Agency (UKBA) must be satisfied that you genuinely intend and are able to establish, take over or become a director of one or more businesses in the UK within the next six months. * ## The UKBA's Tier 1 Genuine Entrepreneur Test The 'Genuine Entrepreneur Test' is in place to ensure that those applying for this particular category are genuine investors who have genuine business interests in the UK and intend to make genuine investments, be it £50,000 or £200,000. The new rules mean that there is a greater scrutiny being applied to Tier 1 Entrepreneur visa applications and it is vital that you seek professional legal advice  to ensure you receive a successful result. The UKBA have stated in their guidance notes that where they have concerns about the genuineness of an entrepreneur and the investment they may ask for further information. In assessing whether you are a genuine entrepreneur, the UKBA may take into consideration the following: - the evidence that you have submitted; - the viability and credibility of the source of money; - the viability and credibility of your business plans and market research into your chosen business sector; - your previous academic and business experience; and - your immigration history and previous activity in the UK. ## Genuine Entrepreneurs: Previous Education & Experience In order to establish whether you are a genuine entrepreneur for the purposes of the visa, the UKBA will require a comprehensive CV which sets out any relevant academic or vocational qualifications as well as any work experience which is relevant to your chosen business sector. It is also important to show that you have previous experience of setting up or running a business as you will be expected to show that you can do the same in the UK in order to pass the UKBA's  'Genuine Entrepreneur Test'. ## Genuine Entrepreneur Test: Credible Funds being Invested? The UKBA have also stated that they may ask applicants to demonstrate that the funds that have used remain available to the Applicant beyond the date of the application. The Applicant may be requested to demonstrate that the funds are either in the Applicant’s possession or have been accounted for in the business/investment or in the event the Applicant is obtaining third party funding be available from the third party named in the application.  The UKBA have gone further to state that they may curtail the Applicant’s leave if the funds that the Applicant has relied on as part of their applicant cease to be available to them. ## What is the effect of the Genuine Entrepreneur Test? [Immigration Minister, Mark Harper](http://www.bbc.co.uk/news/uk-politics-21261353) stated that the Tier 1 Entrepreneur route was being targeted by applicants seeking to abuse the system and has stated that *“we need to tighten the rules to allow for a meaningful assessment of the credibility of an applicant for this route."* The genuine entrepreneur test has caused a lot of distress to genuine investors as to how much and the kind of information they need to provide to demonstrate their credibility as a genuine investor. In addition it has been suggested that the genuine entrepreneur test has made the prospect of investment in the UK unattractive and therefore defeated one of the main purposes of this category, which was to assist in boosting the UK economy. ## Successful Tier 1 Entrepreneur Visa Applications Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Entrepreneur visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # Why the UK Tier 1 Investor Visa route is popular for high net worth migrants? Source: https://immigrationandvisasolicitors.co.uk/why-the-uk-tier-1-investor-visa-route-is-popular-for-migrants/ *Mark Harper, the UK Immigration Minster [recently stated](http://www.managementtoday.co.uk/news/1190391/) that the UK Tier 1 Investor route as well as some other categories of the UK Points Based System has become increasingly popular for high net worth individuals wishing to migrate to the UK.* ## High Net Worth UK Immigration The UK Border Agency (UKBA) adopts a welcoming stance towards rich ‘high net worth’ applicant's whilst deterring those deemed to be ‘low quality migrants.’ Mr Harper remains optimistic about attracting ‘valuable migrants’ and has stated: > ***"We’ve made changes to the investor and entrepreneur route to make the UK a more attractive option for valuable migrants. The time it takes for the biggest investors and most successful entrepreneurs to settle here has been reduced and a new Graduate Entrepreneur route has been introduced for graduates who have demonstrated entrepreneurial flair whilst studying in the UK."* ## UK Tier 1 Investor Visa - the advantages The UK Tier 1 Investor route is open to individuals who wish to make a considerable financial investment in the UK. The route has become attractive due to the fact that the applicant does not need to show evidence of maintenance nor demonstrate that they meet the English language requirements. The visa can be granted for three years and individuals can switch into this category whilst already present legally in the UK. If an applicant is successful under the points-based system, they are allowed to bring dependants (children under 18 years of age, a husband, wife, civil partner, or unmarried or same-sex partner) to the UK, as long as they are given entry clearance or permission to stay (known as ‘leave to remain’). The UK Investor visa category is designed for migrants who want to make a substantial financial investment in the UK without having to take the more proactive steps that are involved with an “[Entrepreneur](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london)” or sole representative visa categories. Usefully, there is no “cap” on Investor visa numbers which allows any number of individuals to apply to enter or leave to remain in the UK. ## The UK Tier 1 Investor Visa Route An applicant is able to make a Tier 1 Investor application if they can demonstrate that they: - have £1,000,000 (£1million) or more of their own money for investment in the UK; or - have £2,000,000 (£2million) or more in personal assets, plus a loan of £1,000,000 (£1million) or more for investment in the UK. ## UK Tier 1 Investor Visa: Long Term Benefits The route has been designed to allow high net worth individuals to make a substantial financial investment in the UK and such investors are rewarded for their financial contribution by having a escalated route to Indefinite Leave to Remain: For those individuals investing the amount of £1 Million, they are be eligible for Indefinite Leave to Remain (ILR) after five years (provided that they have invested £1,000,000 in the UK). However if an individual has invested the amount of £5 million, they are able to apply for ILR after the investment has been in place for three years.In addition to this, if an individual has invested the sum of £10 million, they are be able to apply for ILR after the investment has been in place for at least two years. The UK Immigration Minister, Mr Harper, goes on to say: > "*We recognise attracting the brightest and the best migrants is integral to upholding this position and safeguarding Britain’s future growth prospects. We want to harness their expertise, insight and contacts to help us succeed in the global race."* ## Successful Tier 1 Investor Visa Applications Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Investor Visa application ](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/)step by step and limit the possibility of failure by complying with the strict letter of the law. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # UKBA Highlights Tier 1 Exceptional Talent Visas Source: https://immigrationandvisasolicitors.co.uk/ukba-highlights-tier-1-exceptional-talent-visas/ *In a[ news update](http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2013/july/54-global-talent) dated 29 July 2013, the UK Border Agency published an article highlighting how the Tier 1 Exceptional Talent visa route has ensured that industry and academia has brought in exceptional people from across the world.* The UK exceptional talent visa route is for exceptionally talented migrants in the fields of science, humanities, engineering and the arts, who wish to work in the UK. These individuals are those who are already internationally recognised at the highest level as world leaders in their particular field or who have already demonstrated exceptional promise in the fields of science, humanities and engineering and are likely to become world leaders in their particular area. The UK Border Agency has highlighted the success of some of the following talented migrants: - Hugh Desmarias - a Canadian circus artist who chose to live in the UK because of it's *"great appreciation of the arts*"; - Sarah Ndgaire - a Ugandan musician who states the UK was *"the perfect place as it boasts so many of the world's cultures*"; and - Elif Shafak - an acclaimed Turkish author who said the route is *"a great door for creative people, writers, musicians, film directors and artists."* ## Successful Tier 1 (Exceptional Talent) Visa Applications If you are interested in applying under this route, our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 (Exceptional Talent)](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) visa application. From our experience, we have found that the UK Border Agency are very strict when deciding applications under this route so if you consider yourself as having exceptional talent, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to arrange a consultation in which we will guide you through the process. --- # Case Study: UKBA Sole Responsibility Visa Source: https://immigrationandvisasolicitors.co.uk/ukba-sole-responsibility-successful-visa-application-for-child-joining-british-parent-in-the-uk/ *Under the UK Immigration Rules, where a person with [‘sole responsibility’](http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/children/) for a child is granted indefinite leave to remain in the UK, that child can join him or her.  * **We were instructed recently by a British national whose 15 year old child was a Jamaican national. Our client wished for his son to live in the UK with him as he had settled here and had always provided for him financially and emotionally. In 2013, we submitted the child’s application along with detailed legal representations to the visa office in Jamaica and received news that his visa had been granted at first instance. The ‘sole responsibility’ rule in such applications can be very complex so we are delighted that we were able to assist in a successful result at the first instance. ## Sole Responsibility: Children Joining One Parent in the UK To meet the UK Border Agency's (UKBA) sole responsibility requirement, it is necessary to satisfy the UKBA that the sponsoring parent (the parent living in the UK), has usually for a substantial period of time, been the main person exercising parental responsibility for the child. This means that the parent has had and still has the ultimate responsibility for the major decisions relating to the child’s upbringing and provides the child with the majority of the financial and emotional support it requires. The parent must be able to show that they have had and continues to have complete care and control of the child, despite the fact that they do not live in the same country. ## UK Courts Stance on the UKBA’s Sole Responsibility Rule The meaning of the term ‘sole responsibility’ cannot be precise and cases are decided on their individual merits.  It can be very difficult to prove in entry clearance applications and often leads to refusal if the UKBA is not satisfied the parent holds sole responsibility over the child. Due to the complexity of applications of this nature, many applications are refused and end up in the Tribunals to argue before an Immigration Judge. It has been accepted by the courts that it is very difficult to establish absolute ‘sole responsibility’ since in the majority of situations the other parent has at least some responsibility for their child’s upbringing. The UKBA’s guidance for their caseworkers does highlight cases where the sponsoring parent in the UK has left the child in the custody of a relative but has still provided for the child financially and emotionally. ## Successful Record of Sole Responsibility Visa Applications Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making an entry clearance application [ ](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/)step by step and limit the possibility of failure by complying with the strict letter of the law. As stated, our firm has a successful track record of ensuring applications are accompanied by detailed legal representations to limit the chances of refusal. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. If you have been refused entry clearance for this visa, contact us so that we can review your options and let you know how to appeal the decision. --- # UKBA Family Visitor Appeals Abolished & ‘Immigration Bonds’ Introduced Source: https://immigrationandvisasolicitors.co.uk/ukba-family-visitor-appeals-abolished-and-immigration-bonds-introduced/ *In June 2013, the Home Office announced two important changes to UK immigration policy which indicate that the UK Government is making it increasingly difficult for visitors from different countries, principally in South East Asia and Africa to visit relatives in the UK.* In a statement published by the Home Office on 25 June 2013, it is noted that there will be [no right of appeal](http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2013/june/71-appeals-family) against the refusal of a family visit visa application, unless the appeal is on human rights or race discrimination grounds. Further Home Secretary Theresa May announced plans for a £3000 immigration bond to prevent “high risk” Asian and African visitors from overstaying in the UK. ## Removal of Appeals for UK Family Visitors The new appeal arrangements apply to anyone who applies to enter the UK as a family visitor on or after 25 June 2013. Under the new system, the Government’s view is that anyone refused a visit visa can submit afresh application instead of appealing and they may re-apply as many times as they like. [Immigration Minister Mark Harper](https://www.gov.uk/government/news/right-of-appeal-for-family-visit-visas-abolished) said: > “Family visitor appeals make up more than a third of all immigration appeals going through the system, with many applicants using it as an opportunity to submit information that should have been included in the first place.” The difficulty visitors will face is that although they are entitled to re-apply as many times as they like, it will become more costlier (due to paying Home Office fees on each occasion) and the existence of a previous refusal is likely to trigger more caution and lead to spiral where repeat applications lead to repeat refusals. ## Introduction of UK Immigration Bonds for “High Risk” Countries In June 2013, Theresa May announced a pilot scheme to make visitors from India (as well as Bangladesh, Sri Lanka, Pakistan, Ghana and Nigeria) pay a £3000 bond when applying for visas. This bond is returned once the visitor leaves the UK.  These countries were chosen because the Home Office figures suggest that a high proportion of visa holders from these countries fail to leave the UK when their visas expire. Although details are scant, the Home Office plans to roll this out in November this year. If the pilot scheme is successful, Theresa May plans to expand the scheme to include other countries. The scheme would see applicants for UK visas assessed when their application is made. Those considered to pose the highest risk of overstaying would be required to pay bonds of £3000 in order to receive the visa. ## Legal Advice for Family Visitors to the UK If you are planning on visiting family in the UK but have had your visa refused, then [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) and we can review your case. Instructing our firm of expert immigration solicitors and immigration barristers, ensures that you receive a successful result. --- # UKBA ‘Racist’ Spot Checks & UK Immigration Policy Under Fire Source: https://immigrationandvisasolicitors.co.uk/ukba-racist-spot-checks-uk-immigration-policy-under-fire-human-rights/ *The [UK Home Office took to Twitter](https://twitter.com/ukhomeoffice) this week to highlight the arrest of 139 people, using the hashtag #immigrationoffenders. This has now sparked backlash from critics and Britain’s equality watchdog have noted their intention of investigating the UK government for possible unlawful discrimination after a campaign against immigration violators that saw people detained at workplaces and tube stations.* ## Launch of controversial UK Home Office Tactics In the past month, the Home Office has resorted to controversial tactics which include vans telling immigrants to ‘go home’ and immigration spot checks at railway stations. This has been met with anger from local communities and leaders who believe that people are being targeted by their skin colour and this is unacceptable and unsettling. On the streets of Walthamstow, East London, the UK Border Agency carried out spot checks for illegal migrants and made arrests in a clampdown against illegal immigration. This has led to a growing tide of resentment, anger and incredulity at the targeting of skin colour.  Most locals believe that Walthamstow (known as one of Britain’s most racially diverse districts) was selected purely on the grounds that it has a high population of immigrants. ## UK Equality and Human Rights Commission to investigate UKBA The [Equality and Human Rights Commission (EHCR)](http://www.bbc.co.uk/news/uk-23552088) has launched an investigation into the immigration checks for possible discrimination and is also probing the controversial Home Office advertising campaign telling illegal immigrants to ‘go home’ or face arrest. Chris Bryant, Labour Immigration Spokesman has demanded the Government release statistics on the number and ethnic background of people being stopped and has accused the government of whipping up ‘moral panic’ over immigration for electoral purposes. UK Immigration Minister Mark has countered this by stating that “although we do not often run these kinds of operations, it is not a new way of working. We have used these tactics effectively over many years.” ## Baroness Valentine: Poorly designed immigration policies are damaging the London Economy [Baroness Valentine](http://www.cityam.com/article/poorly-designed-immigration-policies-are-damaging-london-economy) believes that the proposal from part of the coalition to make some overseas visitor’s pay a [£3,000 bond](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/ukba-family-visitor-appeals-abolished-and-immigration-bonds-introduced/) to come to Britain coupled with adverts urging self-deportation can perhaps be seen as Britain’s most ill-considered development in immigration policy yet. Migrants and visitors are hugely important to London and the economy – to the jobs market they bring investment, entrepreneurial flair and specific skills which often cannot be delivered by local training. ## Legal Advice for Illegal Migrants in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # Illegal Immigration: UK Landlords face hefty fines for renting to Illegal Immigrants Source: https://immigrationandvisasolicitors.co.uk/illegal-immigration-uk-landlords-face-hefty-fines-for-renting-to-illegal-immigrants/ *In proposals unveiled by the UK Government, landlords who allow illegal immigrants to live in their properties are to be hit with financial penalties. The proposals – unveiled earlier this year in the [Queen’s speech](https://www.gov.uk/government/speeches/the-queens-speech-2013) – form part of a stricter regime to keep immigration in the UK under control. Ministers intend to make it more difficult for people without permission to carry on with their lives. This all ties in with the forthcoming Immigration Bill which will make it more difficult for illegal migrants to live in the UK unlawfully and ensure that legal migrants make a fair contribution to key public services.* ## UK Illegal Immigration: Overview of the proposals The proposals will affect you if you are: - Renting out accommodation for people to live in anywhere in the UK (potentially lodgers in your own home); - A letting agent who provides a service for landlords by finding people to live in rented property or who manages the property for them; - A hotel or guest house or provider of similar accommodation and you take in guests who stay for 3 months or more; and - Intending to live in rented accommodation anywhere in the UK in the future. The proposals seek to create a duty to require landlords to conduct immigration status checks on tenants before providing residential accommodation, with financial penalties for those landlords who let property to illegal immigrants having failed to conduct the necessary migration checks. ## Illegal Tenants in UK : Penalties for landlords If illegal immigrants are found living in rented accommodation, then the landlord will be subjected to a [penalty](https://www.gov.uk/government/news/proposals-for-landlord-checks-to-tackle-illegal-migrants-renting) unless they were already living there at the time the rules were introduced or other extenuating circumstances apply (i.e. the landlord was deceived by fraudulent documents). First time offenders will be fined £1000 per illegal immigrant but those who are sent an ‘advisory’ letter or warning about failing to make proper checks within the last 3 years will be fined £3000 per tenant.  The rules could also be extended to cover families who take in lodgers with fines ranging between £50 and £5000 per illegal immigrant. This has led to the National Landlord's Association raising concerns about the burden the plans would put on landlords. A spokesman for the Association said: > "[Landlords] can only be expected to carry out reasonable checks that someone is who they say they are, and that they have the documentation to prove that they have the right to be here." ## Legal Advice for Illegal Migrants in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # On the Rise: Indefinite Leave to Remain (ILR) in the UK – Settlement in the UK Source: https://immigrationandvisasolicitors.co.uk/rising-indefinite-leave-to-remain-ilr-in-uk-settlement-in-uk/ *As reported by [the Migration Observatory](http://www.migrationobservatory.ox.ac.uk/) (University of Oxford), the UK's grant of ILR / settlements since 1960 have increased but decreased by nearly a third in 2011. We have noticed a recent increase in the number of applications for ILR being made in particular by those who have come to the UK as high net worth (Tier 1 or Tier 2) migrants and have now developed a life and family roots in the UK.* ## Indefinite Leave to Remain / Settlement in the UK Indefinite Leave to Remain (ILR), also commonly known as ' permanent residency' or 'settlement', allows a foreign national to live and work in the UK without time constraints or restrictions on the type of work that may be undertaken. ILR is an immigration status which once granted operates without any time limit on the duration of stay in the UK and allows an unrestricted freedom to take up employment or study. A grant of settlement from the British Government confers legal permission to live permanently in the UK without being subject to immigration control, although it does not confer full citizenship status. ## Requirements for Indefinite Leave to Remain In order to be considered for [ILR](http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/), you must meet the following requirements: - You must have 10 years continuous lawful residence; - There are no reasons why it would be against the public interest to grant leave (UKBA will take into consideration factors such as age, strength of connections to the UK, personal history, domestic circumstances and compassionate circumstances); - You must have passed the Life in the UK test; and - You must not fall for refusal under the general grounds for refusal and must not be in breach of the immigration laws. ## UKBA’s discretion to grant ILR The UKBA also acknowledge that there are some circumstances where it may be appropriate for them to use their discretion to grant ILR outside the Immigration Rules. This can be either (a) where a person qualifies under an immigration policy concession or (b) for reasons that are particularly compelling and it is almost certain that there will be no material change in circumstances within 5 years. A current example is if you have a short gap in lawful residence through making previous applications out of time by no more than 28 calendar days and you meet all the other requirements for lawful residence. ## Same Day Visa Service for ILR Applicants As professional UK immigration solicitors, we are registered with the UKBA to offer a ‘same day service’ to our clients. This service enables applicants to submit in-country ILR (amongst other applications) visa applications to the UKBA and our experience is that most often receive the decision in one day. ## Successful UK Indefinite Leave to Remain (ILR) Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an ILR application (regardless of what category you are applying from) step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Student Visas: Bath Spa University Welcomes Students from China and the US Source: https://immigrationandvisasolicitors.co.uk/uk-student-visas-bath-spa-university-welcomes-students-from-china-and-the-us/ *[Bath Spa University](https://web.archive.org/web/20130912171400/http://www.bathspa.ac.uk:80/homepage/bath-spa-university-to-welcome-new-global-students-through-us-education-partnership) has launched a joint venture with Shorelight Education to promote Bath as the city of choice for international students which will enable an increased number of international students to study at the University. Thousands of students from abroad – mainly China and the US will be sampling the delights of the idyllic English countryside around due to a new deal Bath Spa University has signed with student recruitment experts in the US. In this article we will explore why international students are choosing the UK as the number one destination for their education.* ## UK Student Visas for Americans & Chinese Students Bath Spa University currently has 196 overseas or non-European students (making it one of the smallest recruiters of international students in the UK). This new deal comes in light of Business Secretary Vince Cable's plans to increase the number of overseas students by 20% over the next 5 years as part of the Government's new International Education Strategy. International students who will enrol under this scheme will be given an intensive first year programme which will include language tuition and lessons in the UK's history and culture. Subject to them passing the first year, they will then join established degree courses at the university in the second year. ## UK – Popular destination for International Students The UK has become a popular destination for international students who are flocking here due to the English language as well as the reputation and high standards of the universities. According to [QS World University Rankings 2012](https://www.topuniversities.com/world-university-rankings), 4 of the best 10 universities are based here including the University of Cambridge known to be the second best university in the world. International students coming to the UK will appreciate the highly rated education UK universities have to offer and will be able to experience this in an exciting environment which can benefit their career and personal development. Figures show that 91% of students rated their teaching and learning experience as either good or excellent (NUS Student Experience Survey Feb 2011). This shows the dedication of UK institutions to provide a valuable education for all. ## Studying & Working in the UK: Students Experience the UK’s Rich Cultural Heritage Studying in Britain also offers more than just an education – it gives students a chance to experience its rich cultural heritage and diverse cosmopolitan society thereby making it a memorable experience. Figures show that 428,225 international students enrolled at British universities in 2010-2011 (HESA). International students may also be able to work alongside their studies depending on their immigration status. This would help them to improve their language skills, meet new people and enhance their CV leading to greater prospects for their future. ## UK Student Visas: Options Available for International Students - **Tier 4 Visitor Visa:** If you are a short-term student and wish to come to the UK to study you will need a Student Visit Visa. In order to obtain a Tier 4 Student Visit Visa you must be able to show that you are registered on a course, that you plan on visiting the UK for 6 months and will leave thereafter and that you have enough money to support your stay. If you wish to stay in the UK longer to study a longer course or if you wish to work and study you will have to apply for a Student Visa - **Tier 4 Prospective Student Visa: **If you have not yet decided where you want to study, you can apply to enter the UK as a 'Prospective Student'. This allows you to come to the UK for a maximum of six months before your programme starts. During that time you can make your final arrangements to study and start studying but you cannot do any part time work. You can then apply inside the UK to switch into the 'Tier 4 General Student' category. - **Tier 4 General Visa: **The Tier 4 (General) student visa is part of the Points Based System (PBS) currently used by the UK immigration authorities. If you are studying a course that is longer than 6 months in duration and are not a national of a European Economic Area (EEA) Country or a Swiss national, you will need to gain entry clearance to study in the UK and you must obtain the Tier 4 General student visa before you travel. ## Successful UK Student Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Visitor Visas: 2014 Glasgow Commonwealth Games Visitor Visa Source: https://immigrationandvisasolicitors.co.uk/2014-glasgow-uk-visitor-visas-commonwealth-games-visitor-visa/ *The next [Commonwealth Games will be hosted by Glasgow in 2014](https://www.reuters.com/article/idINIndia-30421920071109) and will see the return of an exciting atmosphere similar to the Olympic Games in 2012. The international, multi-sport event will involve 71 teams of athletes from the Commonwealth nations and territories and will take place from 23 July 2014 to 3 August 2014.* Individuals needing a visa to prepare for the Games can now apply for a Commonwealth Games visitor visa. The commonwealth games visa will allow multiple entries to the UK with a maximum stay of 6 months for a single visit. Individuals will be given leave to enter the UK until 3 September 2014. ## Commonwealth Games Visitor Visa / Accreditation Card To make the Commonwealth Games more accessible, the UK Border Agency (UKBA) has introduced a [special kind of visa](http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/cg-2014/) for people from Commonwealth countries. Participants in the Games will need to provide a letter from the Glasgow 2014 Organising Committee to confirm their Games-related role. They will need to have been qualified (granted accreditation) to participate. If you are coming to the UK as a spectator, you may need to obtain a commonwealth games visitor visa before you travel. ## Glasgow Games Family Members – Visa Exemption Accreditation Those coming to the UK as an athlete, coach, official of a sporting body or accredited member of the media may not need a visa. Instead, the UKBA has introduced a new system for Games Family Members whereby if they are traveling to the UK between 4 March 2014 and 3 September 2014, the UKBA will accept a Commonwealth Games Accreditation Card which accompanied by a valid passport will be accepted at the UK border instead of a visa. ## Commonwealth Games Visa Application Centres In order to apply for a Commonwealth Games Accreditation Card, visitors will need to enrol their biometric information (facial imaging and fingerprints) at Home Office’s visa application centres around the world from October 2014. ## Successful Visit Visas for 2014 Commonwealth Games The deadline for applying for an Accreditation card will be on 28 April 2014, so if you wish to visit the UK for the Games you will need to start making plans now. Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making this application step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UKBA Visa Application Forms and Processing Update (August 2013) Source: https://immigrationandvisasolicitors.co.uk/ukba-visa-application-forms-and-processing-update-from-august-2013/ *On 7 August 2013, the UK Border Agency (UKBA) announced that they had published new points-based system (PBS) guidance for dependants and application forms; these are for use on or after 7 August 2013.* ## UK Visa Application Forms The UKBA has published new versions of the following: - Tier 4 (Child) application form; - Tier 2 Priority Dependant application form; - Tier 1, 2 or 5 Dependant application form; and - Tier 4 Dependant application form. The UKBA are still obliged to accept applications made on previous versions of these forms up to and including 28 August 2013. ## Passport returns for Tier 2 (Intra-Company Transfer) Visa Applications The Home Office have recently launched a pilot scheme whereby applicants for Tier 2 Intra-Company Transfer (ICT) applying from the UK, can receive their passports back before a decision has been made on their visa. Applicants will have their passports returned to them within 7 to 10 days of their application being received by the Home Office. This news will be welcomed by applicants as usually they would have to surrender their passports whilst their application is being processed; sometimes taking the Home Office weeks or months to decide. This way, applicants can continue to use their passports during the time their visa is being processed and travel overseas if they have valid leave that covers the period they intend to be out of the UK. If the pilot scheme is successful, the Home Office plans to consider additional routes for early passport return service. --- # UK Overstayers: Avoiding the Illegal Immigration Trap Source: https://immigrationandvisasolicitors.co.uk/uk-overstayers-avoiding-the-illegal-immigration-trap/ *Illegal immigration occurs when people, usually having entered the UK lawfully, remain in the UK in breach of immigration laws whilst they have no visa status. This has become a controversial issue in today’s society reflected by the Home Office’s recent harsh stance of literally telling illegal immigrants to ‘go home’ in spite of the fact that many may have established legal rights to remain. * The increasing rise in the number of visa overstayers has resulted in a substantial problem for the UK Border Agency (UKBA) and has contributed to a backlog of [half a million cases](https://web.archive.org/web/20170320182156/http://www.parliament.uk/business/committees/committees-a-z/commons-select/home-affairs-committee/news/130713-ukba-rpt-published/). If you currently have no UK visa status yet are living and working in the UK, you should ensure that you take advice from a solicitor (only solicitors have a strict legal duty of client confidentiality) and legally regularise your stay in the UK. ## UKBA: Illegal Immigration & Enforcing the law A recent raid involving UKBA enforcement officers in Mull, Scotland saw the arrest of 12 suspected immigration offenders with a further 6 being arrested in Glasgow . Timothy Reichardt, UK Border Agency official has previously stated: > “We continue to gather intelligence about people who remain in the UK in breach of their visa conditions and we are taking action against those not entitled to be here. My message to those who have no right to be in the UK is that you must leave the country. If you refuse, we will enforce your removal.” ## Deporting Foreign Nationals with ‘no right to be in the UK’ Under UK immigration law, if a deportation order has been made against a foreign national, it not only authorises their removal but also renders them liable to be held in custody until they are removed.  The general presumption is that the deportation order is in the interests of the public good and that this consideration will outweigh all other factors – unless his deportation would breach his human rights. It is understandable that a person living in the UK with no immigration status may have been here for many years such as if they were brought to the UK as a child. During this time, they may have adopted the culture and built strong relationships with settled persons. They may even have a family in the UK and as a result of many years living away from their home country may have severed ties. In these situations, these persons should seek legal advice on making their stay in the UK permanent legally. ## UK Immigration Removal Centres Foreign nationals who have been detained in custody will be transferred to immigration removal centres where they will be held until their removal. In the past, immigration removal centres have been criticised as being too harsh and treating detainees as criminals. Due to heavy campaigning from human rights groups and politicians, the Government introduced [‘Detention Centre Rules’](http://www.legislation.gov.uk/uksi/2001/238/contents/made) which serves as guidelines on how detainees should be treated whilst detained. Since its implementation, the situation has improved massively and detainees are now afforded basic rights such as visits from family members, food clothing and access to healthcare. --- # Sponsoring Migrant Workers: UK Sponsor’s Duties & Home Office Compliance Source: https://immigrationandvisasolicitors.co.uk/ukba-uk-sponsor-licence-sponsorship-home-office-duties-work-permits/ *The **[UK Sponsorship system](http://www.ukba.homeoffice.gov.uk/business-sponsors/points/) is centred around two principles; firstly, those who benefit most directly from migration should play their part in ensuring the sponsorship system is not abused and secondly, the Home Office needs to be sure that those applying to come to the UK to do a job or to study are eligible to do so and that a reputable employer or education provider genuinely wishes to take them on. **Therefore, it is vital that sponsors understand their duties and know what is expected from them in terms of complying with the Home Office’s rules.* ## Sponsoring Migrant Workers under the Points-Based System Usually, if an employer wishes to employ a migrant worker, they must sponsor that person during their stay in the UK. Before sponsoring a migrant, an employer must obtain a sponsor licence. The Home Office expects sponsors to fulfill all their duties to ensure that the sponsorship system is not abused. Some duties apply to all sponsors whilst others are specific under certain tiers such as Tier 2 (Employers) or Tier 5 (Education Providers). ## UK Sponsor’s Duties & Objectives The main duties for a UK sponsor include at least the following: - Keeping a record of all documents in relation to a migrant employee and making it available for Home Office officials; - Reporting certain information to Home Office officials (i.e whether a migrant’s contract of employment has ended earlier than it’s indicated on the certificate of sponsorship); and - Maintaining migrant’s contact details including a history of details not just a current address. Sponsor’s duties are intended to: - Prevent abuse of the assessment procedures; - Capture early, any patterns of migrant behavior that may cause concern; - Address possible weaknesses in process which can cause those patterns; and - Monitor compliance with the immigration rules. ## UK Sponsor Compliance: UKBA Workplace Visits The Home Office (powers currently delegated to the UK Border Agency) can also undertake unannounced workplace visits at any time during the year and has the power to revoke or suspend a sponsor’s licence to sponsor migrants, if failure to comply is suspected or demonstrated.  Not all visits are unannounced and it may be that such visits can be arranged in advance. When Home Office officials make a visit, they will expect to examine those areas of Human Resources and procedures which are outlined in their guidance. They will also verify the information provided by sponsor’s on their application for obtaining the sponsorship licence. ## Breaches of Sponsor Duties & Consequences If a sponsor fails to comply with any of their duties, the Home Office will not hesitate to take action. That action could result in a sponsor’s licence being revoked, suspended or downgraded to a B-rating and/or a reduction to the number of Certificate of Sponsorship’s a sponsor is allowed to assign. ## UK Sponsorship Licence Solicitors Obtaining a UK Sponsorship licence is far from a straightforward process involving referencing not only the immigration rules but also supplementary guidance notes. Together with this issue is ensuring that the bundle of supporting documents meets the Home Office's stringent requirements and properly evidences the application. For this reason it is usual for a professional employer to instruct expert immigration sponsorship solicitors to manage this process. There is currently no appeal process against any decision made by the Home Office with respect to Sponsorship Licences, so any problems against any decision made by the Home Office would involve costly and lengthy legal action for Sponsors. It is therefore imperative that you instruct professional solicitors who specialise in obtaining sponsorship licences and will guide your business step by step through the process involved in not only obtaining a sponsorship licence but also complying with ongoing requirements vis a vis sponsorship duties. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your eligibility in obtaining a UK Sponsorship Licence and to find out more about your duties once you are a Sponsor. --- # UKBA English Language Requirement: New Rules from October 2013 Source: https://immigrationandvisasolicitors.co.uk/ukba-english-language-requirement-new-rules-from-october-2013/ *This year in April, the UK Border Agency (UKBA) announced in its [April 2013 Statement of intent](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/182545/statement-of-intent-koll.pdf) that the government is planning changes to the Immigration Rules in relation to the English language requirement when applying for settlement and naturalisation. These planned changes will not take place until 28 October 2013. Here, we explore how the English language requirement affects non-European migrants and the reasons behind the government’s stringent requirements on this.* ## Reasoning behind UKBA’s current English Language Requirement In June 2010, Home Secretary Theresa May announced that from November 2010 people applying for entry clearance, leave to enter or leave to remain as a fiancé (e), proposed civil partner, spouse, civil partner, unmarried partner or same sex partner of a British citizen or a person settled in the UK will have to pass a compulsory English test before they are granted a visa. At the time, Theresa May said spouses should have a basic command of English and explained: > “it is a privilege to come to the UK and that is why I am committed to raising the bar for migrants and ensuring that those who benefit from being in Britain contribute to our society.” The Government is of the view that understanding and being able to use English at a level which facilitates interaction with the wider community is key to successful integration. ## UK Visa Applicants: Meeting the English Language Requirement Currently, an applicant can meet the UKBA’s English language requirement in one of the following ways: - By passing an acceptable test at a minimum level A1 of the Common European Framework of Reference for Languages (CEFR) with an approved provider, or - By being a national of a majority English speaking country, or - By having an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelors/Master’s degree or PHD in the UK which was taught in English. The UKBA provides an exemption for those aged 65 or over, those who have a mental or physical disability or those who have exceptional circumstances which prevent them from meeting the requirement. ## October 2013: New UK English Language Requirement Rules From 28 October 2013, there will be two parts to the Knowledge of Language and Life (KoLL) requirement, both of which must be met by all applicants for settlement unless an exemption applies. Applicants will be required to: - Pass the Life in the UK test; and - Have a speaking and listening qualification in English at B1 CEFR or higher or an equivalent level qualification. ## Are you affected by the UKBA 'English Language Requirement'? If you would like to discuss how the English language requirement may affect you, call one of our immigration solicitors in London who will be able to assist you by meeting with you and reviewing your case. --- # UKBA: Expansion of UK Priority Visa Services (August 2013) Source: https://immigrationandvisasolicitors.co.uk/ukba-expansion-of-uk-priority-visa-services-august-2013/ *The Home Office intends to introduce a range of priority visa services in many visa application centres around the world. These will include Tier 2 visa applications and services for business visitors arriving in the UK. On payment of the appropriate additional fee, the application will be moved to the front of the queue with most of these priority cases being processed within 5 working days.* ## Where Priority UK Visa Services are Available This new priority visa service will be available in the following countries (we have included the relevant fees and processing times for your information): - United States - $150 (£98) – 48 hours for [Tier 2 Visa](https://web.archive.org/web/20170115234629/https://immigrationandvisasolicitors.co.uk/tier-2-work-permit/) Applications; - United States - $300 (£196) – 5 to 10 working days for settlement; - Singapore - S$158 (£82) – 3-4 working days for Tier 2; - India - Rs57,000 (£625) – Same day service for business visitors; - China - Rmb520 (£55) – 5 working days for Tier 2 and business visitors; - Japan  – Y12,100 (£79)- 3 to 4 working days for Tier 2; - Japan - Y37, 205 (£243) -10 working days for settlement; - Russia  – Rb7560 (£153) - 3 working days for business visitors; - Hong Kong  – HK$990 (£83)- 3 to 4 working days for Tier 2; and - Hong Kong  – HK$3,100 - (£260) 10 working days for settlement. ## Instructing Immigration Solicitors for UK Visas If you are considering making the above visa applications, you should seek legal advice from expert UK Immigration Lawyers regulated by the Solicitors Regulation Authority to ensure that you know your options and how you can proceed to the next steps. Feel free to [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of visiting or settling in the UK. --- # UK Migration: Romanian & Bulgarian Migration Estimates “unfounded”? Source: https://immigrationandvisasolicitors.co.uk/uk-migration-romanian-bulgarian-migration-estimates-unfounded/ *In recent statistics released by the [Office for National Statistics](https://www.gov.uk/government/publications/immigration-statistics-january-to-march-2013/immigration-statistics-january-to-march-2013), it was found that 141,000 Bulgarian and Romanian nationals were employed during the period from April to June, an increase of almost 26% on the 112,000 in the previous three months and up 35% on the same time last year. News of laws restricting the types of jobs these migrants are allowed to do will be relaxed next year which has prompted recent media coverage of fears of a sharp rise in numbers coming to the UK. Here we explore whether these concerns on UK migration are well founded or intended to cause mass hysteria.* ## Romanian Romanian & Bulgarian: No Visa Restrictions In 1 January 2007, Romania and Bulgaria became member states of the European Union giving their nationals the right to not only enter and remain in the UK without a visa but also to work freely, providing they have an accession worker card. Romanian Bulgarian and nationals wanting to work in the UK will need to obtain authorisation to work before starting any employment unless they are exempt from doing so. In 2014, EU restrictions are set to be removed, allowing nationals of Bulgaria and Romania free movement to the UK. Despite these countries joining the EU in 2007, restrictions were put on the number who could move to the UK.  However, these restrictions will be abolished in 2014 thus the question of whether there will be a sudden influx of Bulgarian and Romanian nationals arriving in the UK for the purposes of living and working. ## Increase in Romanian & Bulgarian Migration? Figures published by the Office for National Statistics have led Sir Andrew Green, chairman of Migration Watch UK to comment: “This increase of just over a third in Romanian and Bulgarian workers in the UK over the past year is a sharp increase on the previous trend. It suggests that still larger numbers will arrive next year when our labour market is fully open to them.” However, it now seems from a report by a cross-party lobby group, Migration Matters Trust, that these estimates are “unfounded” and in fact the number of Romanians and Bulgarians to arrive in the UK next year may actually be as few as 20,000. Atu Hatwal director of the lobby group has stated that these figures are based on an analysis of historical EU migration patterns, macro-economic factors such as the impact of the recession on the UK and limited job opportunities in areas such as manual labour. ## Successfully applying for an Work Permit & Accession Worker Card UK employers wishing to hire Bulgarian and Romanian nationals must apply for a work permit. If this is approved, nationals from these countries must apply for an accession worker card.  Bulgarians and Romanians who are considering working in the UK, should seek legal advice from expert UK Immigration Lawyers regulated by the Solicitors Regulation Authority to ensure that they know their options and how they can proceed to the next steps. Feel free to [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of visiting or settling in the UK. --- # UKBA Update: New Immigration Rules for Armed Forces Families Source: https://immigrationandvisasolicitors.co.uk/ukba-update-new-immigration-rules-for-armed-forces-families/ *The Government has announced new rules to ensure that families of Armed Forces personnel are not disadvantaged by immigration rules and their family members can integrate into society.  The changes which were announced in Parliament this July aim to make sure that families of members of the Armed Forces are not disadvantaged when they apply for settlement or leave to remain in the UK.* ## UK Government on Families of HM Forces and their Families The [Government’s Statement of Intent](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/210673/SoIFamily_members_of_HM_Forces_WEB__2_.pdf) published on 4 July 2013 states that they recognise the contribution the Armed Forces make to the UK and in developing their proposals they have been conscious of their obligation enshrined in the Armed Forces Covenant to ensure that members of the Armed Forces and their families do not suffer disadvantage as a result of their service. The Government has taken this view and this is reflected in the measures set out in their Statement of Intent. ## December 2013: Flexibility of Changes to the Immigration Rules There will be more flexibility and the rules will take into account the realities of life in the Armed Forces, so that time spent overseas will count as time in the UK for them. It is also means that for the first time, non EEA (European Economic Area) partners and children of Foreign and Commonwealth citizens and of British citizens serving in HM Forces will be subject to a single set of rules. The rules are intended to align the treatment of non-EEA family members of service personnel with the general approach to family migration. At the same time they aim to treat all non-EEA dependents of service personnel in the same way irrespective of the immigration status of the sponsor. ## Outline of Changes to Immigration Rules in force December 2013 The following are the changes to be made which will apply to families of Armed Forces: - Service personnel who wish to sponsor their non-EEA dependents to enter or stay in the UK must meet income threshold of £18,600 for a partner, £22,400 for a partner and child and £2400 for each additional child; - Basic English language requirement will also apply to all non-EEA partners seeking to enter or stay in the UK; - Non-EEA partners of British and of Foreign and Commonwealth citizens serving in HM Forces will serve 5 year probationary period before being eligible to apply for settlement; and - To qualify for settlement, non-EEA partners and children between the ages of 18-65 will have to demonstrate knowledge of language and life in the UK. ## Immigration Lawyers for UK Armed Forces Visas If you are a member of the Armed Forces or your family member is in the Armed Forces and you wish to know more about applying for settlement or leave to remain, you should seek legal advice from expert UK Immigration Solicitors regulated by the Solicitors Regulation Authority to ensure that you know your options and how you can proceed to the next steps. Feel free to [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options. --- # Official ONS UK Net Migration Figures Reveal Increase in UK Immigration Source: https://immigrationandvisasolicitors.co.uk/uk-net-migration-increases-ons-release-figures/ *[Figures published today by the Office for National Statistics](http://www.ons.gov.uk/ons/rel/migration1/migration-statistics-quarterly-report/august-2013/msqr-august-2013.html) (ONS) reveal net migration rose to 176,000 (up from 153,000) in the year to December 2012.*  It seems probable that the drive by Home Secretary Theresa May to hit the target of reducing net migration below 100,000 by the time of the 2015 general elections is unachievable. ## Rise in Net Migration: What the Figures Show The latest figures show that net migration is well below the 215,000 net migration figure for the year to December 2011 but higher than the 153,000 for the 12 months to October 2012. The ONS found that the increase was driven by a drop in the number of migrants leaving Britain which fell from 351,000 to 321,000 in the year to December 2012. The ONS are of the opinion that the increase in net migration was not due to the rise in the level of immigration to the UK. This is supported by figures showing that the number of immigrants arriving in the country dropped from 556,000 to 497,000. ## UK Government Stalls on Bid to Cut Net Migration The newly released net migration figures will come as a[ ‘blow’ to Theresa May](http://www.telegraph.co.uk/news/uknews/immigration/10273009/Government-stalls-on-bid-to-cut-net-migration.html) who has promised to cut migration down to tens of thousands by the end of parliament but this seems highly unlikely, especially with more EU migrants arriving in the near future. Immigration Minister Mark Harper has stated that the new Immigration Bill coming into force in autumn, would make it more difficult for people coming to the UK if they had no right to do so and would make it easier to remove people who were not entitled to stay in the country. Mark Harper stated: > “We are committed to bringing net migration down from the hundreds of thousands to the tens of thousands. We are working across government to protect public services and ensure our welfare system is not open to abuse.” ## UK Net Migration: Other Figures Released In addition to figures mentioned above, the ONS have also reported the following figures: - 97,000 immigrants from New Commonwealth countries (including Botswana, Kenya, Malawi, Bangladesh, India and Pakistan) came to the UK in the year ending December 2012 compared to 151,000 in the previous year. This drop may be due to fewer people are arriving to study in the UK; and - 58,000 immigrants arrived from countries which joined the EU in 2004 (including Poland, the Czech Republic and Lithuania) down from 77,000 the previous year. --- # European Economic Crisis Leads to Surge in EEA Migration to UK Source: https://immigrationandvisasolicitors.co.uk/news-eurozone-crisis-leads-to-uk-immigration-surge/ *[Figures released yesterday by the Department of Work and Pensions (DWP)](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/233032/nino-statistical-bulletin-aug-13.pdf) show the financial crisis engulfing the euro-zone has driven tens of thousands of migrants into the UK. The surge is due to EEA citizens from southern European countries such as Spain, Italy, Portugal, Greece and Cyprus is another blow to UK ministers whose efforts to cut UK migration have stalled, [as we reported yesterday](https://immigrationandvisasolicitors.co.uk/uk-net-migration-increases-ons-release-figures/).* ## DWP UK Migration Figures: What they show The number of Spaniards registering for a National Insurance number soared from just over 30,000 in 2011-12 to more than 45,500 last year, a jump of 50%. There was also an acute increase in arrivals from Italy (up 35% to nearly 33,000) and Portugal (up 43% to 24,500) which was shown by newly released UK migration figures by the DWP. Spain has a jobless rate of more than 26% contrasted with Britain’s 7.8%. These figures exemplify how citizens of countries with widespread unemployment are heading to Britain in the hope of finding work. ## Results of European Economic Crisis [Robert Rowthorn, professor of economics at King’s College, Cambridge](http://www.telegraph.co.uk/news/uknews/immigration/10274266/Immigration-surge-driven-by-eurozone-crisis.html), said the influx from southern European countries would continue as long as their economies remained in trouble. > “The position of some of these people, particularly the young, is quite desperate” he said. It will continue into the future so long as economic conditions are better here in the UK, where there is still relatively strong demand for labour. > > Once you have had immigration at these levels it will carry on for some time. That is because you will also get ‘chain’ migration because communities build up as people come to where they have friends and relatives.” ## UK Migration: Europeans Arriving to Work In addition, Chairman of MigrationWatch UK, Sir Andrew Green said: > “This is a significant increase in the number of south Europeans coming to Britain to search for work." There has been a slight rise in the number of eastern European immigrants applying for NI numbers and this was dominated by the surge in arrivals from the rest of the European Union. Further, there has been a 44% rise in the number of Greeks coming to Britain to work, though numbers were far smaller at 8,680 last year according to the newly released figures from the DWP. Asylum applications are also on the rise, with an increase of 3,500 (18%) in the year ending June this year. In all there were 23,500 asylum applications from Syria accounting for the largest rise. --- # UK Corporate Immigration: Tier 2 Sponsorship & Points Based System Source: https://immigrationandvisasolicitors.co.uk/uk-corporate-immigration-tier-2-sponsorship-points-based-system/ T*he concept of sponsorship is at the heart of the points based system. Employers wishing to employ non-EEA migrants must obtain a sponsorship licence before they can sponsor a migrant. The points based system has been the biggest shake-up of the UK immigration system for 45 years. The system allows businesses to recruit skilled workers from abroad while assuring the public that only those migrants the UK needs can come to the UK to work.* ## Tier 2 Sponsorship Licences: Sponsor’s Responsibilities The UK Border Agency holds a [register of sponsors](http://www.ukba.homeoffice.gov.uk/business-sponsors/points/sponsoringmigrants/registerofsponsors/) which lists all organisations they have licensed to employ migrant workers. The register lists the name, location and sponsor rating of every licensed sponsor. Employers are legally required to make sure that every person they employ, regardless of nationality and length of service, is legally permitted to work in the UK. Therefore, employers wishing to obtain a sponsorship licence must satisfy the UK Border Agency that: - they are a legitimate organisation working within the law in the UK; - there are no reasons to believe that they are a threat to immigration control; and - their organisation will meet its sponsorship duties. ## Tier 2 regime under UKBA's Points Based System (PBS) The Tier 2 regime is for skilled non-EEA migrants seeking to enter the UK for the purpose of employment with a licensed sponsor. Under the system, migrants must pass points assessment before they can get permission to enter or remain in the UK. The number of visas that can be granted to Tier 2 (General) migrants is subject to an annual limit set by the government (20,700 for the year from 6 April 2013 to 5 April 2014). All Tier 2 migrants must be employed in “graduate level” jobs. There are four sub-categories for Tier 2 migrants: - Tier 2 (General) – route for skilled workers who have received a job offer from a UK employer; - Tier 2 (Intra-Company Transfer) – route for  multi-national organisations that need to transfer employees to the UK; - Tier 2 (Minister of Religion) – route for ministers of religion undertaking preaching and pastoral work, members of religious orders and missionaries who want to take up employment within their faith community in the UK; and - Tier 2 (Sportsperson) – route for players and highly skilled coaches who want to take up employment in the UK. ## Certificate of Sponsorship (CoS) Once a sponsor has been granted a sponsorship licence, they will be able to assign a certificate of sponsorship (CoS) to migrants who wish to come to, or stay in the UK to work. For migrants, being assigned a CoS is an essential part of qualifying for entry clearance (if they are outside the UK) or leave to remain (permission to extend their stay while in the UK). ## UK Sponsorship Licence Solicitors Obtaining a UK Sponsorship licence is far from a straightforward process involving referencing not only the immigration rules but also supplementary guidance notes. Together with this issue is ensuring that the bundle of supporting documents meets the Home Office's stringent requirements and properly evidences the application. For this reason it is usual for a professional employer to instruct expert immigration sponsorship solicitors to manage this process. There is currently no appeal process against any decision made by the Home Office with respect to Sponsorship Licences, so any problems against any decision made by the Home Office would involve costly and lengthy legal action for Sponsors. It is therefore imperative that you instruct professional solicitors who specialise in obtaining sponsorship licences and will guide your business step by step through the process involved in not only obtaining a sponsorship licence but also complying with ongoing requirements vis a vis sponsorship duties. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your eligibility in obtaining a UK Sponsorship Licence and to find out more about your [duties once you are a Sponsor](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/ukba-uk-sponsor-licence-sponsorship-home-office-duties-work-permits/). --- # Immigration Judicial Review Cases to be transferred to Upper Tribunal Source: https://immigrationandvisasolicitors.co.uk/november-2013-judicial-review-cases-to-be-transferred-to-upper-tribunal/ *On 21 August 2013, the Right Honourable Lord Judge, Lord Chief Justice of England & Wales, made a [direction](http://www.ein.org.uk/news/most-immigration-judicial-review-applications-move-upper-tribunal-november) which transfers certain immigration and asylum judicial reviews cases from the High Court to the Upper Tribunal. Lord Judge's direction takes effect from November 2013.* *In addition, applications for permission lodged after 9 September 2013; including those where permission has been refused on the papers and oral renewal is pending will also be transferred.* ## Immigration Judicial Review Cases Excluded from Transfer to Upper Tribunal Lord Judge has excluded the following cases from transfer and as such these cases will remain to be heard in the High Court: - Challenges to validity of legislation including immigration rules and including applications for declarations of incompatibility under s.4 of the Human Rights Act 1998; - Challenges to lawfulness of detention; - Challenges regarding inclusion of sponsors on the register of sponsors; - Nationality law and citizenship challenges; - Welfare support challenges; and - Challenges to decisions of the Upper Tribunal or SIAC. ## Effect of Practice Direction on Current Judicial Review Procedure Although changes have been made to the practice directions, it seems that new forms are not yet available. Further, the consensus is that the current rules remain ambiguous in relation the choice of venue for lodging judicial review applications; either in the High Court leading to automatic transfer if the Lord Chief Justice's direction applies or in the Upper Tribunal. --- # Ministry of Justice: UK Judicial Review Process to be tougher Source: https://immigrationandvisasolicitors.co.uk/ministry-justice-uk-judicial-review-process-made-tougher/ *In July this year, the Ministry of Justice announced that it was planning to make it tougher for judicial reviews to be brought to court, following concerns that the procedure was being abused by pressure groups and campaigners. It seems that UK Government ministers are concerned that some are using the process as a ‘delaying tactic’ or to generate publicity, thereby wasting time and delaying policy being implemented.* ## UK Government’s Concerns: Current Judicial Review After reviewing the process, UK Government ministers found that the number of cases clogging up the courts had increased dramatically since the 1970's. This has led to plans to make the test that needs to be passed for bringing a judicial review much more stringent so as to limit the judicial reviews being bought. Justice Secretary, Chris Grayling, has insisted judicial reviews will remain for genuine cases so as not to discourage the public from bringing cases where they believe local authorities should be held to account for their decisions. Chris Grayling went further to state his concern that the judicial review process is being used as a delay tactic. ## Judicial Review 'open to abuse' [A government source commented](http://www.telegraph.co.uk/news/uknews/law-and-order/10208078/Judicial-review-process-to-be-made-tougher.html): >  “We’re looking at making some changes so that the system isn't open to abuse by groups who may not have a direct interest in the issue at hand but simply want to cause delay or disruption to plans or generate publicity for themselves.” There are now around 12,000 applications for judicial reviews, mostly relating to immigration and asylum cases, contrasted to around 160 in 1974. ## MOJ: Changes to made to Judicial Review Process Ministers plan to change the test for applying for a review so that only people with a direct link to policies or the decision made by the public body can challenge it, instead of anyone with a ‘sufficient interest.’ The concerns reiterate those of David Cameron who has stated in the past that the judicial review process was slowing the country’s economic growth. However, despite changes being made for the better, it seems that there are concerns that altering the judicial review process could cause government decisions to go unchecked. As reported [yesterday](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/november-2013-judicial-review-cases-to-be-transferred-to-upper-tribunal/), immigration judicial review cases are to be transferred to the Upper Tribunal so it remains to be seen what other changes are now to be made in the future. --- # UK Immigration Rules for Business & Education Sectors Relaxed Source: https://immigrationandvisasolicitors.co.uk/uk-business-education-immigration-rules-relaxed/ *On Friday 6 September 2013, a written ministerial statement was laid out in Parliament outlining a number of [changes to the immigration rules](http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2013/september/08-rules) in particular to rules relating to business and education. * *These changes come into effect on 1 October 2013 and have the intention of providing greater flexibility to students and businesses that employ and sponsor international migrants, a move likely to benefit Indians in particular.* ## October 2013: Changes to the Immigration Rules Changes put forward in the ministerial statement include: - Removing the English language requirements for intra-company transferees; - Making it easier for graduate entrepreneurs to switch into the Tier 2 category; - Waiving share ownership restrictions for some senior staff; and - Allowing some students to work as interns under the governments Tier 5 authorised exchange scheme. ## Changes to benefit UK Tourist & Business Visitors In addition, tourist and business visitors will benefit from the following changes: - Tourists and business visitors can study where it is not their main purpose of their business; - Expanding the activities a business visitor can do in the UK; and - Removing the prospective student route. This is a move which hopes to see an increase in interest of people who wish to experience the British culture and decide whether they would benefit from studying in the UK. ## UK to Continue to Attract “Global Talent” [Immigration Minister Mark Harper has stated](http://www.bbc.co.uk/news/uk-23989305): > “The UK is open for business: we are building an immigration system that works in the national interest and supports growth. [Today’s] changes will ensure that the UK continues to attract global talent to work for British businesses and study at our world renowned class universities.” The Immigration Minister believes that: > “immigration reform is working; we have tightened routes where abuse was rife, while still encouraging the brightest and the best to come to the UK.” ## Successful UK Business & Education Immigration Advice Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making visa applications and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # CEBR Research indicates EU Immigration Contributes £60bn to UK Economy Source: https://immigrationandvisasolicitors.co.uk/research-shows-eu-immigration-contributes-60bn-uk-economy/ *The [Centre for Economics and Business Research (CEBR)](http://www.cebr.com/reports/migration-benefits-to-the-uk/) and recruiters from Harvey Nash, have released their findings following their research on the impact of EU labour on the UK. They found that the coalition’s plans to curb EU immigration could cost the UK £60bn by 2050 and drive up national debt. **Research found that workers from EU countries were more likely to take on more senior jobs than British workers. They were also estimated to earn an average 7.6% (£2,035) more than their British counterparts.* ## CEBR Study: What the Figures Show Research shows that migrant workers are more likely to be in work (63.3%) than UK-born citizens (56.2%) as well as more economically active (at 69.8%) than UK-born citizens (63%). Tighter immigration controls will result in a loss of 2% from GDP by 2050, £60bn in real terms. The research indicates that without EU migrants helping to off-set the UK’s ageing population, the UK government’s borrowing would be 0.5% higher. ## UK Businesses Relying on EU Workers Between 2003-2013, the number of EU citizens employed in the UK more than doubled from 762,000 to 1,647,000. EU workers play a vital role in several UK sectors – in the financial and business services sectors they make up 6.4% of the total workforce while in the manufacturing sector they make up 6.7%. ## CEBR Study Predictions for UK’s Economic Growth CEBR and recruiters from Harvey Nash used ONS population projections and created the following scenarios that consider the dynamics of working age population, economic growth and public finances: - The Central long-term net migration is at 140,000 per annum and there would be a rise in working population of 7.9% by 2050. Under an EU-exit scenario where net migration averages 100,000 per annum, the UK working population would decline by 1.9%; - Compared with the central scenario, the EU-exit scenario would lead to real GDP being 2% lower in 2050; and - The scenario with zero net migration would lead to a 6.7% (£204 billion) under the higher migration scenario. ## “EU Born Workers Bring Much Needed Skills & Values to the UK” – CEO of Harvey Nash Following the research, Albert Ellis commented: > “Non-UK EU Born workers are bringing much needed skills and value to the UK and there is little evidence that EU immigrants are having a negative impact on wages or unemployment. In fact immigrants are helping to create jobs – a broad and diverse labour market fuels growth as this report shows.” --- # Vince Cable: UK Immigration Bonds Will Cause International “Outrage” Source: https://immigrationandvisasolicitors.co.uk/vince-cable-uk-immigration-bonds-will-cause-outrage/ *[Liberal Democrats Business Secretary Vince Cable, has urged](http://www.huffingtonpost.co.uk/2013/07/29/migrant-bonds-cable_n_3671653.html) the UK Government to reconsider their plans to make certain overseas visitors to the UK pay a £3,000 bond to obtain visit visa’s because it sends out the “wrong message” about the UK. **As [reported last month](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/ukba-family-visitor-appeals-abolished-and-immigration-bonds-introduced/), Theresa May announced a pilot scheme to make visitor’s from India, Bangladesh, Sri Lanka, Pakistan and Ghana to make visitor’s pay a £3000 bond when applying for visas. The scheme is set to roll out in November this year and reinforces the opinion that the UK Government is making it increasingly difficult for visitor’s to visit relatives in the UK.* ## Coalition Split: UK Immigration Bonds Will Damage International Relations Since Cable has attacked the coalition’s immigration policy and has spoken out against the Government’s plans to press on with the immigration bond pilot in November. The scheme announced by Theresa May in June this year caused much controversy in the media and the government’s in Delhi and Abuja expressed “strong displeasure” about the plans. Speaking to the Financial Times he stated: “It is very disappointing and it has not been agreed across the coalition and it seems to send the wrong message that Britain is closed for business.” ## UK Immigration Bonds “Unpopular” Amongst Political Parties The idea of imposing immigration bonds on visitor’s was originally proposed by Nick Clegg as a way of making his party appear tough on immigration. This policy has now proved unpopular with many others in the parliamentary party. Vince Cable stated: “The Liberal Democrats agreed for a bond scheme as an additional route for people who have been turned down, it was never meant to apply to everyone. ## Legal Advice for Family Visitors to the UK If you are planning on visiting family in the UK , [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) and we can review your case. Instructing our firm of expert immigration solicitors and immigration barristers, ensures that you receive a successful result. --- # UK Universities: UK Immigration ‘Paranoia’ Threatens Student Recruitment Source: https://immigrationandvisasolicitors.co.uk/universities-uk-president-uk-immigration-paranoia-threatens-student-recruitment/ *University vice-chancellors have spoken out about the culture of hostility towards international students which has developed as a result of the coalition government’s drive to cut levels of net migration to the UK. **The comments follow [the UK Government’s drive to hit the target of reducing net migration](https://immigrationandvisasolicitors.co.uk/uk-net-migration-increases-ons-release-figures/) below 100,000 by the time of the 2015 general elections.* ## Consequences of Government’s Plans for Restrictions on UK Immigration Professor Sir Christopher Snowden, president of Universities UK – the body which represents university vice-chancellors told UUK’s annual conference today: > “As we approach the election, we can probably expect more discussion about visas and the likelihood of proposals for further restrictions, reflecting the public paranoia over immigration.” The Professor believes that plans to increase the number of international students studying in the UK by 50,000 over the next decade could be jeopardised as they perceive they will be unwelcome when they arrive in the UK. ## ‘Vital’ Foreign Students Contribute £17bn to UK Economy Education is one of the UK’s most successful export sectors, albeit an export sector (like tourism) that mostly works by bringing students to the UK. One of the ways international students contribute to the UK is by paying high fees to universities and colleges. At the annual conference, [Professor Sir Christopher Snowden urged ministers](http://www.telegraph.co.uk/education/educationnews/10304634/Xenophobic-Britain-drives-foreign-students-away-claims-professor.html) to recognise international students as being the “next generation of potential politicians and business leaders” on which the UK will depend on for its commerce, rather than as “immigrants and a statistic to be used as a political football.” The Professor stated that foreign students were 'vital' to the UK and contributed £17bn to the economy. ## UK Public’s Paranoia over Immigration Professor Quintin McKellar, vice-chancellor of Hertfordshire University has echoed Professor Sir Christopher Snowden’s comments by stating: > “We do have an issue not just in the universities but in the whole of the UK of having essentially quite a xenophobic population.” Speaking after Lib Dems Business Secretary Vince Cable’s speech at the conference, he urged vice-chancellors to recruit more international students and encouraged them to pursue the aim of having 50,000 more overseas students in the next five to ten years as it would be seen as a “great achievement.” ## Successful UK Student Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Turkish English Teacher Joins Family in UK after Immigration Row Source: https://immigrationandvisasolicitors.co.uk/turkish-english-teacher-joins-family-in-uk-after-immigration-row/ *The Scottish Government has raised their concerns about the UK’s current family migration rules following the case of an English teacher who has been reunited with her family in the UK.* *Jilda Clark, the wife of an Scots academic was refused entry to the UK as the UK Border Agency (UKBA) were not satisfied that she had basic knowledge of the English language.* ## UKBA: Difficult English Language Rules Jilda Clark had wanted to join her husband in the UK so she could be close to his frail parents Phillip, 86 and Irene, 88 from Ayr, Scotland but had her visa application refused. Jilda had protested that her English qualifications in Turkey would be sufficient and the fact that she had been an English teacher for 24 years should be sufficient to prove that she could meet the English language requirements which need to be met for settlement applications. The Scottish Government raised their concerns about the immigration laws with Westminster and following this the UK Government made an almighty U-turn in the case. ## UK Immigration Rules: Scottish Government Very Concerned Ruth Steele, a senior policy advisor wrote to the family and stated: > “The Scottish Government is very concerned that the UK Government’s restrictions on family migration are having a damaging impact on many ordinary, hard-working UK citizens. > > In addition, Scottish ministers have written to the Minister for Immigration on several occasions to raise these issues.” ## Are you affected by the UKBA's 'English Language Requirement'? If you would like to discuss how the English language requirement may affect you, call one of our immigration solicitors in London who will be able to assist you by meeting with you and reviewing your case. --- # UK Immigration: Romanian & Bulgarians Contribution Recognised Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-romanian-bulgarians-contribution-recognised/ *Following our [recent report](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/uk-migration-romanian-bulgarian-migration-estimates-unfounded/) on how **recent media coverage on fears of the “sharp rise” in numbers of Bulgarians and Romanians coming to the UK were unfounded, we now consider one Home Office ministers views on what impact Bulgarians and Romanians have on the UK economy.* *On 1 January 2007, Romania and Bulgaria became member states of the European Union giving their nationals the right to not only enter and remain in the UK without a visa but also to work freely, providing they have an accession worker card. * ## Home Office Minister: Romanians & Bulgarians No Different to Brits Abroad Jeremy Browne, the Liberal Democrats minister at the Home Office stated that migrants are no different from British people with second homes in Spain and France. He stated that new European migrants would be complying with the same rules as Britons who reside in Spain or France. Jeremy Browne spoke to the New Statesman and stated that he was part of an “unfashionable minority” that “embraces the opportunities of globalisation.” ## Jeremy Browne Welcomes UK Immigration “Open Door” Policy Jeremy Browne who is widely seen as a leading figure on the right of the Liberal Democrats, defended the immigration UK’s immigration policy and is reporting as having said: > “I don’t think there was a mistake. It was transformational in terms of Britain’s relationship with Poland.” ## Successfully applying for an Work Permit & Accession Worker Card UK employers wishing to hire Bulgarian and Romanian nationals must apply for a work permit. If this is approved, nationals from these countries must apply for an accession worker card.  Bulgarians and Romanians who are considering working in the UK, should seek legal advice from expert UK Immigration Lawyers regulated by the Solicitors Regulation Authority to ensure that they know their options and how they can proceed to the next steps. Feel free to [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of visiting or settling in the UK. --- # Vince Cable: Strict UK Immigration Rules Turn Away Overseas Investors Source: https://immigrationandvisasolicitors.co.uk/vince-cable-strict-uk-immigration-rules-turn-away-overseas-investors-entrepreneur-visa/ *Last week we [reported](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/vince-cable-uk-immigration-bonds-will-cause-outrage/) on Business Secretary Vince Cable’s attack on the coalition’s immigration policy and how he believed that the coalition were sending out the wrong message that Britain was “closed for business.” **Vince Cable has now criticised the Conservatives for making it difficult for overseas companies to invest in Britain. He also hit out at those in the Government arguing the UK should leave the EU.* ## International Investors Feel “Humiliated” Applying for UK Visas [Speaking at the Liberal Democrat Party Conference in Glasgow](http://www.dailyrecord.co.uk/news/politics/tight-immigration-rules-making-business-2277779), Vince Cable said that the party had not entered into a coalition with UKIP at the last general election. He claimed that many Chinese tourists and businessmen felt humiliated when they applied for visas to come to the UK and many had now turned their attention to investing in Germany and France. Vince Cable stated: > “We have Chinese tourists and businessmen, who are so fed up with the hassle and humiliation of trying to visit Britain and make investments here, that they are taking their money to Germany and France instead.” ## UK Tory Cabinet Colleagues Stance on Europe Criticised It seems that some Tories are now supporting the argument that the UK must leave the European Union for the sake of the British economy. Vince Cable stated that “careless” talk from Eurosceptic Tories wanting to leave the EU could see Japan and the United States take their investments elsewhere. > “Moreover, our status as a popular destination for job-creating investment from Japan and the US and mainland Europe could well be jeopardised by careless talk from some of my coalition Cabinet colleagues, let alone the backbench of Bones and Hollobones, about leaving the European Union and the single market.” ## New Policies Introduced to Reduce Net Migration The Tories plan is to reduce net migration to the tens of thousands by the next election. Their aim to do this has led to the implementation of new policies which include capping the number of people employers are allowed to bring in to the UK from outside the EU to work in skilled professions, as well as limiting them to entrepreneurs, investors and those deemed to be “exceptionally” talented. Further, students intending on coming to the UK are required to speak English at an ‘upper intermediate’ level rather than the ‘lower intermediate’ level which was the previous requirement. These new changes to the UK’s immigration laws may be putting off students and investors alike. ## Successful Tier 1 Investor Visa Applications Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Investor Visa application ](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/)step by step and limit the possibility of failure by complying with the strict letter of the law. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # UKBA Criticised Over Entrepreneur & Investor Visa Applications Source: https://immigrationandvisasolicitors.co.uk/ukba-home-office-criticised-over-entrepreneur-investor-visa-applications-uk-immigration/ *In a [report](http://icinspector.independent.gov.uk/wp-content/uploads/2013/09/An-Inspection-of-Tier-1-PBS-Investor-and-Entrepreneur-Applications.pdf) published last week, John Vine, the Independent Chief Inspector of Borders and Immigration, has criticised the way the Home Office has handled the backlog of immigration cases. His report concentrated in particular on the way Tier 1 Entrepreneur and Tier 1 Investor visa applications were processed. **John Vine's inspection examined the efficiency and effectiveness of the Home Office’s handling of applications made to enter and remain in the UK under these categories of the Points Based System with a particular focus on the consistency and quality of decisions.* ## Tier 1 Entrepreneur & Tier 1 Investor Visa Applications Examined During the financial year 2011-2012, there were 1,682 entrepreneur and 594 investor visa applications for leave to enter or remain in the UK. The report found that although most decisions on investor visas were reasonable (91%) and the Home Office carried out all security checks and tackled fraudulent Tier 1 applications, poor record keeping meant that almost half of the decisions could not be assessed and inconsistent customer service and poor forecasting had led to lengthy delays on processing UK applications. ## Investor & Entrepreneur Visa Applications – The Findings The report found: - All necessary security checks were carried out on Tier 1 visa applications; - Effective links between decision-makers and intelligence units within the Home Office provided an important safeguard against fraudulent applications; - 91% of decisions on investor visas were reasonable but this fell to 62.5% for entrepreneur visas; and - The Home Office had significantly underestimated the scale of the increase in entrepreneur applications following the closure of the Tier 1 Post Study Work route. These rose by 1,520% between February and December 2012. As a result, they did not have the resources in place to deal with the applications and a backlog of 9,000 cases developed. ## John Vine’s Recommendations to UK Home Office The Chief Inspector recommended the following were necessary if the Home Office were to clear the backlog in an effective and efficient way: - Quality of decision-making on entrepreneur visa applications should be improved; - Personal data should be stored securely and in line with Data Protection Act requirements; - Appeal and Administrative Review outcomes should be shared with case workers and entry clearance officers on a routine and systematic basis; and - Reasons for decisions on visa applications should be properly evidenced and recorded. ## Successful Tier 1 Investor & Entrepreneur Visa Applications Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Investor Visa application ](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/)or [Tier 1 Entrepreneur Visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # Nick Clegg Opposes ‘Indiscriminate’ UK Immigration Bonds Source: https://immigrationandvisasolicitors.co.uk/nick-clegg-opposes-indiscriminate-uk-immigration-bonds-family-visit-visa-illegal/ *In June 2013, Theresa May **[announced](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/ukba-family-visitor-appeals-abolished-and-immigration-bonds-introduced/) a pilot scheme to make visitors from India (as well as Bangladesh, Sri Lanka, Pakistan, Ghana and Nigeria) pay a £3000 bond when applying for visas as visitors from these countries were considered to pose the highest risk of overstaying. **Liberal Democrats leader Nick Clegg has spoken out against these plans and said he opposed the indiscriminate plans revealing a split within the UK’s Conservative led coalition government.* ## UK Immigration Bonds “Certainly Not Going Ahead” Deputy Prime Minister Nick Clegg said his Liberal Democrat party and its Conservative coalition partners had “differences of emphasis” on the plan and details were still being discussed in government. Speaking to the BBC, Nick Clegg stated: > “I am absolutely not interested in a bond which becomes an indiscriminate way of clobbering people who want to come to this country.” He said that he will try to block any attempt to make foreign visitors pay the security deposit and they will “certainly not go ahead.” ## ‘Go Home’ Immigration Vans Will Not Return Nick Clegg’s comments follow Jeremy Browne, Home Office minister’s comments that the “go home” vans which have proved to be deeply controversial will not return to the streets and he will not agree to proposals which will see their return. Jeremy Browne insisted that border authorities should still have the power to stop people, as it was important for public safety and national security. ## Legal Advice for Illegal Migrants & Visitor's to UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. If you are planning on visiting family in the UK, then [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) and we can review your case. Instructing our firm of expert immigration solicitors and immigration barristers, ensures that you receive a successful result. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of entering or remaining in the UK. --- # UK Immigration Reforms Could Benefit International UK Graduates Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-reforms-could-benefit-international-students-visa-tier-4-graduates/ *This month we [reported](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/uk-business-education-immigration-rules-relaxed/) that new changes which will come into effect on 1 October 2013 which will see UK’s immigration rules relaxed in relation to business and education. This is a drive by the Government to make it easier for graduate entrepreneurs to take up skilled jobs thus attracting global talent to work for businesses in the UK. We now look at how these rules are expected to benefit international students once they have successfully completed their studies in the UK.* ## Relaxation of Immigration Rules: UK Businesses Take Advantage The UK Government intends to implement measures which will help businesses in the UK to gain access to highly talented international students as students will be allowed to take up corporate internships after completing their studies, making it easier for them to fill skilled jobs. ## International Students Studying in the UK Every year, it is estimated that more than 30,000 African students enrol at UK universities and colleges with 35,255 registering between 2011 and 2012 according to the Higher Education Statistics. Figures show that 4,650 people from the Caribbean and Central America studied in the UK during 2010 and 2011. Speaking on the changes, Immigration Minister, Mark Harper stated that the UK is “open for business” as it pertains to talented and well-qualified students from across the world. ## Indian Students in the UK Speaking in a [recent interview](https://web.archive.org/web/20130926060449/http://www.dnaindia.com:80/mumbai/1892694/interview-cambridge-university-against-uk-visa-bond-for-indian-students) with an Indian news website, the Vice Chancellor of Cambridge University, Sir Leszek Borysiewicz, stated that there were 300 Indian students were enrolled at the University including postgraduates and post doctoral students. The Vice Chancellor complimented Indian students in their ambition, drive and determination and stated “Indian researchers are as good as their counterparts elsewhere in the world.” ## Successful UK Student Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UKBA Update: Changes to UK Immigration Rules & SME Support Pilot Scheme Launched Source: https://immigrationandvisasolicitors.co.uk/ukba-update-changes-uk-immigration-rules-pilot-scheme-naturalisation-settlement-english/ *The UK Border Agency has recently made two announcements. The first is in relation to settlement and naturalisation applications and the second relates to the launch of a pilot scheme intended to provide online support to small and medium sized businesses (SMEs).* ## Home Office Provides Support to SMEs Recruiting Migrants  Visas & Immigration (formerly part of UKBA) has joined in partnership with the Greater London Authority (GLA) and launched a 3 month pilot to provide online support to SME’s. This scheme is aimed at SME’s who need to recruit skilled international employees to help build their business and a toolkit of information has been made available through GLA’s website. The toolkit will include a simple overview of the process of sponsoring an overseas worker, a best practice guide and some frequently asked questions with access to expert help from the Home Office for complex or queries. ## Changes to Settlement & Naturalisation Requirements From 28 October 2013, unless they are exempt, all applicants for settlement or naturalisation as a British citizen will need to meet the knowledge of language and life requirement by: - passing the life in the UK test; and - having a speaking and listening qualification in English at B1 CEFR or higher, or its equivalent. --- # UK Immigration News: Labour’s Immigration Policy Criticised Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-labours-immigration-policy-criticised-tier-2-work-visa/ *Former Labour cabinet minister Alan Milburn has criticised the direction the Labour Party has taken in relation to its immigration policy. He has accused the party leader Ed Miliband of “conniving in Tory consensus” that UK needs fewer foreign workers.* [](https://web.archive.org/web/20131005184334/http://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/09/Ed-Miliband-Labour-UK-Immigration.jpg) ## Ed Miliband: Labour Will Cut Immigration If They Win [Speaking](https://web.archive.org/web/20171221164932/http://www.telegraph.co.uk/news/politics/10326285/Ed-Miliband-Labour-will-cut-immigration-if-we-win-next-election.html) at Labour’s annual conference in Brighton, the Labour leader has said he would impose curbs on the number of low-skilled migrants allowed to enter the UK. It can be said that this is the beginning of an attempt to demonstrate that the party has broken with its past in which it was seen as “soft” on immigration. Ed Miliband stated that if the party wins at the 2015 elections, they would legislate for an immigration bill which would be introduced within 12 months which would secure control of the UK’s borders and “cracks down on exploitation of workers coming here undercutting workers already here, and says to big companies that bring in people from outside the EU that they can do that, within a cap, but they have got to train the next generation.” ## Labour Party’s UK Immigration Policy Criticised Following Ed Miliband’s speech, Alan Milburn has [spoken](http://www.theguardian.com/uk-news/2013/sep/23/labour-tory-immigration-milburn-conference) of his concern that the Labour party is following the steps of the Conservatives as Ed Miliband made it clear that Labour would cut the number of foreign workers coming to the UK. Alan Milburn is of the opinion that the UK’s future relies on more immigration not less and “if we’ve got an ageing population, with fewer domestically produced workers, the gap can only be closed if we are prepared in a sensible, managed and rational way to encourage immigration not close it down.” ## Successful UK Work Visas for Tier 2 Migrants Coming to the UK Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 visa application step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Home Secretary Theresa May Rejects Amnesty for Illegal Immigration Source: https://immigrationandvisasolicitors.co.uk/uk-home-secretary-theresa-may-rejects-amnesty-illegal-immigration/ *In a recent interview with The House Magazine, Home Secretary Theresa May has ruled out an amnesty for illegal immigrants, arguing this would give people “the wrong message”. Theresa May’s comments are in spite of London Mayor Boris Johnson suggesting the change could boost the UK economy. **Theresa May also commented on her role as the UK Home Secretary and her support of the Home Office's [recent controversial campaign](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/ukba-racist-spot-checks-uk-immigration-policy-under-fire-human-rights/) which has been labelled 'racist' and 'discriminatory'. * ## UK Illegal Immigration Policy: A Show of Action? Theresa May’s main duty aside from combatting crime is to control immigration in the UK, a key tory pledge. Although figures have not been released, it has been suggested that the aim of reducing net migration by ‘tens of thousands’ in time for the 2015 elections is on track. Theresa May believes that the highly criticised Home Office’s ‘Go Home or Face Arrest’ campaign was required as it raised awareness of the issue with the general public and assured  them that the Government recognised there was a problem and they were dealing with illegal immigration. However, despite the Home Secretary’s comments, this campaign sparked backlash from critics and Britain’s equality watchdog noted their intention of investigating the UK Government for possible unlawful discrimination. ## Amnesty on Illegal Immigration Does Not Appeal to Theresa May Some members of the Conservative party namely Boris Johnson and Nadhi Zahawi suggested there should be an [amnesty for illegal migrants](http://www.bbc.co.uk/news/uk-politics-24289569) in the UK. Speaking to the magazine, Theresa May explained that she did not agree with this and it could cause tension amongst ethnic minorities in the community who she believes “feel very clearly that illegal immigration is wrong.” She stated: > “The problem is…what people want to know is you’re running a system where people who are going to contribute to the UK are able to come here. But those who aren’t, those who abuse the system, those who try to come here illegally are being dealt with by the Government.” Theresa May believes that if there was an amnesty, it would send out the message that “at some stage that’s going to be OK.” ## Legal Advice for Illegal Migrants in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Tory Immigration Bill Will Curb Right of Appeal against Deportation Source: https://immigrationandvisasolicitors.co.uk/uk-tory-immigration-bill-will-curb-right-appeal-deportation-conservatives-theresa-may-david-cameron/ *Prime Minister David Cameron has today revealed that he is ready to end the right of European courts to interfere with British justice by indicating his intentions for the UK to pull out of the European Convention of Human Rights. Following this, in a massive shake up of immigration law, Home Secretary Theresa May has announced that the Immigration Bill soon to be published will make it easier for the government to deport people.* ## Theresa May: ‘Deport first, and hear the appeal later’ In a speech at the Conservative party conference in Manchester, Home Secretary Theresa May stated that the current immigration system was “like a never ending game of snakes and ladders with almost 70,000 appeals heard every year.” Theresa May explained that last year, human rights were cited in almost 10,000 immigration case appeals. Theresa May now intends to slash the number of grounds on which migrants can lodge an appeal from the current 17 to just 4. Currently, a right of appeal is expected to exist only where the decision is said to be ‘complex and fact-specific.’ Further, Theresa May announced that the appeal of thousands facing deportation can only be heard after they have been put on a plane home unless they face “a risk of irreversible harm.” This potentially means that more than 30,000 illegal migrants, foreign criminals and rejected asylum seekers would be denied the right of appeal. ## Conservative Party Manifesto: Human Rights Act 1998 to be scrapped David Cameron has insisted that should the Tories win at the 2015 elections, the Tory government would [“scrap Labour’s Human Rights Act”](http://www.dailymail.co.uk/news/article-2437179/We-able-chuck-people-threaten-country-Cameron-reveals-Britain-leave-human-rights-convention.html) and he insisted that “with legal rights go legal responsibilities.” The ECHR has been invoked by many people fighting against deportation from the UK and in particular people have argued that its provisions mean they are entitled to various rights, including the right to a family life (Article 8). Justice Secretary, Chris Grayling is expected to confirm that the Tories are committed to repealing the Human Rights Act and replacing it with a British bill of rights. *To read the full text of Theresa May’s speech, click here to visit the Conservative Party's website.* --- # Boris Johnson Supports Jamie Oliver’s View on UK Immigration Source: https://immigrationandvisasolicitors.co.uk/mayor-london-boris-johnson-supports-jamie-olivers-view-uk-immigration-eea-immigration/ *Boris Johnson has today backed TV chef Jamie Oliver’s comments [last month](http://www.independent.co.uk/news/people/news/jamie-oliver-slams-wet-behind-the-ears-british-youth-who-dont-work-as-hard-as-europeans-8786839.html) that youngsters growing up in the capital needed to be more like Europeans and not dismiss jobs as “menial”. Speaking on day three of the Conservative Party conference, the London Mayor has risked the wrath of Tory supporters by sympathising with Jamie Oliver’s attack on British workers.* ## Jamie Oliver on Immigration: European Migrants are “tougher & stronger” than British workers In an interview last month with Good Housekeeping Magazine, Jamie Oliver launched a scathing attack on the work ethic of youngsters in the UK and stated that he had “never seen anything so wet behind the ears”. Jamie Oliver explained that he believed his European staff-members were “much stronger, much tougher” and that if there were no European workers, his restaurants would have closed and “there wouldn’t be any Brits to replace them.” ## Boris Johnson Backs Jamie Oliver on “Much Stronger, Much Tougher” European Migrants [Speaking at the Conservative Party conference today](https://web.archive.org/web/20131001081752/http://www.telegraph.co.uk/news/politics/conservative/10345488/Conservative-Party-Conference-2013-day-three-live.html), the London Mayor gave a highly provocative speech and supported Jamie Oliver’s view that British youngsters were “wet behind the ears” who “whinged” about working long hours. Despite his feelings on the debate, he said he was “vaguely depressed” by this and recognised that European migrants were willing to take up these jobs whilst youngsters in the UK needed to be persuaded to take on low paid, low skilled jobs which London creates as “stepping stones, as a beginning to a life in work that can take them anywhere.” --- # Boris Johnson’s London Visa: Exceptional Talent Visas Source: https://immigrationandvisasolicitors.co.uk/boris-johnsons-london-visa-exceptional-talent-visas-tier-1/ *On 8 September 2013, London Mayor Boris Johnson proposed a new [“London visa”](http://www.telegraph.co.uk/news/uknews/immigration/10295523/Boris-Johnson-may-introduce-London-visa.html#) which would make it easier for talented tech experts and fashion designers around the world get jobs in the capital. Boris Johnson’s plan has been submitted to the Home Office and if approved, would see the best applicants given an endorsement that would speed their entry and help them bypass the often lengthy process of the UK’s current visa system.* ## Proposal: Boris Johnson’s Office to be Allocated Tier 1 Exceptional Talent Visas If the Mayor’s proposal to Home Secretary Theresa May is approved, City Hall will be given a yearly allocation of 100 of the government’s existing 1,000 exceptional talent visas. This category is open to world class or potential world class individuals in the fields of science and the arts. As part of the application process, the applicant must receive an endorsement from a specified, designated competent body. Each body has its own specific criteria that must be met to be given the required endorsement. ## Boris Johnson: Welcoming Tier 1 Exceptional Talent Migrants Speaking to the Financial Times last month, the Mayor stated: > “It is a clear message to the elite of Silicon Valley or the fashionistas of Beijing that London is the place they should come to develop ideas, build new businesses and be part of an epicentre for global talent.” Boris Johnson explained that if successful, the allocation of exceptional talent visas could be expanded. ## Current UK Visa Options for Exceptionally Talented Migrants The UK’s current Points Based System does provide options for young artists and tech individuals who are not considered exceptional or potential world class individuals yet. The Tier 1 Entrepreneur is the main option which is available for individuals who can demonstrate access to £200,000 or that they have access to £50,000 from regulated venture capital firms, specific UK entrepreneurial seed funding competitions or UK governments and will be able to create at least two full time positions over time within the UK business. It can be said that the financial threshold may discourage these individuals from coming to the UK. Another option would be under the Tier 1 Graduate Entrepreneur category which is open to MBA and other UK graduates wjo have been identified as having developed genuine and credible business ideas. It must be noted that 2,000 specific visa opportunities are available under this visa route. ## Successful Tier 1 (Exceptional Talent) Visa Applications Currently the London visa is under review but if you are interested in applying under the [Tier 1 (Exceptional Talent)](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) route, our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making this visa application. From our experience, we have found that the UK Border Agency are very strict when deciding applications under this route so if you consider yourself as having exceptional talent, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to arrange a consultation in which we will guide you through the process. --- # UK Immigration: UKBA’s Registered Traveller Scheme for Visitors to UK Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-ukbas-registered-traveller-scheme-for-visitors-to-uk/ *On 24 September 2013, Mark Harper, Minister for Immigration, announced a new [‘Registered Traveller’ pilot scheme](https://www.gov.uk/registered-traveller-scheme) for some travellers from outside the European Economic Area (EEA). The scheme is initially opened to selected nationals of Australia, Canada, Japan, New Zealand and the United States and will operate at Heathrow and Gatwick airports in the UK. The scheme allows for travellers to use the UK/EEA channels at border control and travellers will not need a landing card.* ## UKBA Requirements: Eligibility for Registered Traveller Scheme In order to join the scheme, the applicant must: - Be a national of Australia, Canada, Japan, New Zealand or the United States of America; - Be aged over 18; - Have visited the UK at least 4 times in the last 52 weeks; - Have been registered for the IRIS immigration system; and - Be coming to the UK as a visitor (including business visitors). ## Benefits of the Registered Traveller Scheme The UKBA’s Registered Traveller Scheme is a pilot scheme which the UK government intends to use to  improve the way regular visitors can pass through the UK’s border. The scheme offers the following benefits to travellers who are able to participate in the scheme: - Travellers will be able to access expedited clearance processes at Heathrow and Gatwick similar to those enjoyed by UK/EEA nationals; - Travellers will not need to complete landing cards if they fly into [Gatwick or Heathrow](http://www.gatwickairport.com/at-the-airport/flying-in/Registered-Traveller-Scheme/); and - Travellers will be able to use the UK/EEA channels at border control. ## Registration on the UKBA’s Registered Traveller Scheme Initial registration for the pilot scheme will expire on 31 March 2014. From 1 April 2014, it is expected that the scheme will become permanent and any travellers previously registered at the pilot scheme will be able to re-apply. The government intends for the scheme to be successful and if successful, the scheme may be extended to include nationals from other countries so they can enjoy similar benefits. --- # Home Office Releases UK Immigration Statistics for April to June 2013 Source: https://immigrationandvisasolicitors.co.uk/home-office-releases-uk-immigration-statistics-april-june-2013/ *In a report published today, the Home Office has released its Immigration Statistics for this quarter which aim to provide the public with figures on the levels and trends in numbers of people who are covered by the UK’s immigration control and related processes. Readers can view the full report [here](https://www.gov.uk/government/publications/immigration-statistics-april-to-june-2013/immigration-statistics-april-to-june-2013) and can find below a summary of the Home Office’s Immigration Statistics in relation to visas they have issued to those coming from EEA countries and those from outside the EEA.* ## UK Home Office’s Release of Immigration Statistics Figures released in the Home Office’s report show that the number of work, study and family related visas issued to non EEA nationals continued to fall compared with the previous year, although work and study fell less quickly than previously. UK Visas issued by the Home Office fell to 4% to 501,840 (excluding visitor and transit visas) although this was slightly higher than the year ending March 2013 (499,641). ## Summary of Immigration Statistics for UK Visas Issued for Period up to end of June 2013 Figures show the following: - There was a 2% fall for work visas issued to 144,554 migrants which can be explained by the closure of the Tier 1 General and Tier 1 Post Study categories; - There were 5% fewer study visas issued (to 204,469 including dependants) mainly explained by fewer numbers of Pakistani and Indian students making these applications; - There was a fall of 24% for family related visas issued (to 34,201) while grants of permission to stay permanently (60,079) increased by 24%. It seems that the rise of 84% of family related extension of stays was mainly due to 10,256 extensions recorded under the new Family life (10 year) route; and - There was a 14% increase in people granted British citizenship (to 204,541). --- # Advertising Watchdog Bans UK Home Office ‘Go Home’ Vans Campaign Source: https://immigrationandvisasolicitors.co.uk/advertising-watchdog-bans-uk-home-office-go-home-vans-campaign-ukba-immigration/ *At the beginning of August this year, we [reported](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/ukba-racist-spot-checks-uk-immigration-policy-under-fire-human-rights/) on the Home Office’s controversial tactics including an advertising campaign aimed at illegal immigrants telling them to “go home or face arrest”. In a [report published today](http://www.asa.org.uk/Rulings/Adjudications/2013/10/Home-Office/SHP_ADJ_237331.aspx), the Advertising Standards Authority (ASA) for the UK, has banned the Home Office’s adverts over misleading arrest statistics.* ## Controversial Home Office Advertising Campaign Against Illegal Immigrants This summer, the Home Office resorted to controversial tactics which included vans telling illegal immigrants to “go home or face arrest” and immigration spot checks at railway and underground stations. This was met by anger from local communities and leaders who believed that people were being targeted by their skin colour and that this was unacceptable and unsettling. The Home Office took to Twitter to highlight the arrest of people they thought were in the UK illegally which sparked a backlash leading to the ASA conducting an investigation into the possible unlawful discrimination. ## ASA Bans UKBA’s Misleading Campaign against Illegal Immigrants in UK The Home Office’s poster vans featured the words “In the UK illegally? Go home or face arrest” and “106 arrests last week in your area” which could be seen as scare tactics for those in the UK with no immigration status. The advertising watchdog acknowledged that the “go home” slogan was reminiscent of those used in the past to attack immigrants in the UK but said that it was generally used in that context as a standalone phrase or with racially derogatory language. > “We recognised that the poster and the phrase ‘go home’ in particular, were likely to be distasteful to some in the context of an ad addressed to illegal immigrants, irrespective of the overall  message conveyed and we recognised that wording less likely to produce that response such as ‘return home’ could have been used.” ## Business Secretary Vince Cable: Home Office Campaign “Stupid and Offensive” Vince Cable spoke out about the campaign and said that “it clearly upset people and I think it may be wise, if the Government uses the poster van again, to perhaps think about using a different phrase – like return home.” [The Guardian reported](http://www.theguardian.com/media/2013/oct/09/home-office-go-home-vans-banned) that the ASA ruled that the Home Office’s arrest figures were misleading and unsubstantiated because they related to a significant part of north London and not a local area and did not relate to the week before the ad campaign. --- # UK Government Introduces “Tough” New Immigration Bill Source: https://immigrationandvisasolicitors.co.uk/uk-government-introduces-tough-new-immigration-bill/ *The British government has today introduced [new legislation](https://www.gov.uk/government/organisations/home-office/series/immigration-bill) to reform immigration law which they hope will crack down on those who are in the UK illegally. In summary, the Immigration Bill will block immigrants living in the country from opening bank accounts, require landlords to check tenant’s immigration status and make it harder for immigrants to appeal deportation. As reported in recent months, the Immigration Bill has caused somewhat of a stir and has been slammed by immigration lawyers and human rights campaigners.* ## UK Immigration Bill: A Summary of the UK Government's Bill In 10 October 2013, the Immigration Bill was introduced into the House of Commons and subject to its Parliamentary progress, the Immigration Bill is expected to receive royal assent in spring next year. The [Immigration Bill](http://www.bbc.co.uk/news/uk-politics-24469584) will: - Slash the number of grounds on which migrants can lodge an appeal from 17 to just 4 – preserving appeals for those asserting fundamental rights; - Extend the number of non-suspensive appeals. Where there is no risk of irreversible harm, foreign criminals will be deported before their appeal has been heard; - Restrict the ability of immigration detainees to apply repeatedly for bail if they have previously been refused; - Require banks to check against a database of known immigration offenders before opening bank accounts; - Introduce new powers to check driving licence applicants immigration status before issuing a licence and revoking licences where immigrants are found to have overstayed in the UK; and - Clamp down on people who are entering into sham marriages or civil partnerships. ## Immigration Minister Mark Harper: UK Continues to Welcome Migrants Following the introduction of the Immigration Bill, [Immigration Minister, Mark Harper](http://www.economicvoice.com/uk-home-office-introduces-immigration-bill/) has stated that: > “The Immigration Bill will stop migrants using public services to which they are not entitled, reduce the pull factors which encourage people to come to the UK and make it easier to remove people who should not be here. > > > “We will continue to welcome the brightest and best migrants who want to contribute to our economy and society and play by our rules. But the law must be on the side of people who respect it, not those who break it.” ## Will the UK Immigration Bill Reform Current Immigration Law? The UK government intends for the Immigration Bill to reform the removals and appeals system and they hope that it will make it easier and quicker to remove those with no right to be in the UK. The UK Government intends that the bill will end the alleged abuse of Article 8 of the European Convention on Human Rights (ECHR) – the right to respect for private and family life. The UK government also intends for the Bill to prevent illegal migrants accessing and abusing public services and the labour market. However, Shadow Secretary Yvette Cooper told BBC Radio 4’s The World that the Immigration Bill “doesn’t seem to address some of the serious issues around border control and some of the problems about exploitation of immigration in the labour market, particularly low skill immigration, which has caused concerns about jobs and wages.” --- # UK Immigration: Visa Rules Relaxed for Chinese Visitors Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-visa-rules-relaxed-for-chinese-visitors/ *In a trade trip to China, Chancellor George Osborne has [announced plans](https://web.archive.org/web/20150106022023/http://news.sky.com:80/story/1154100/george-osborne-to-relax-china-visa-rules) for simplifying visa applications for tens of thousands of Chinese businessmen and tourists. The UK government hope that by relaxing the UK visa rules for the Chinese, it will boost the number of visitors to the UK and more Chinese companies will be persuaded to invest in the UK. * ## Chinese Businessmen & Visitors to the EU and UK It is thought that Chinese visitors are the [world’s most valuable tourists](http://www.ft.com/cms/s/0/7a267bca-341e-11e3-8f1d-00144feab7de.html#axzz2hhlWZBgC), spending a total of $102bn on their global travels in 2012. Research shows that France receives at least 25% more Chinese tourists each year than Britain. Therefore, it is no surprise that the UK government intends to relax its stringent visa rules for some businessmen and visitors to the UK. It is estimated that in 2012, 210,000 visas were issued to visiting Chinese nationals who went on to contribute around £300m to the British economy. The news of UK visa rules being relaxed will be welcomed by businesses in the UK who have complained that the existing regime is discouraging high-spending Chinese visitors from coming to Britain. ## Visa Rules to be Streamlined & Simplified for Chinese Businessmen & Tourist The UK’s visa process will be simplified in the following ways: - Chinese visitors to the EU will not need to submit separate visa applications for the UK. Selected travel agents will be able to apply for UK visas by submitting just the visa form for entry to EU’s Schengen area (which the UK is not a part of); - A new 24 hour ‘super-priority’ visa service will become available from next year; and - Officials are looking into expanding a VIP mobile visa service, currently operating in Beijing and Shanghai to the whole country. This service involves visa teams going out to applicants to collect their completed forms and biometric data with the whole process taking less than five minutes. ## UK Investment: George Osborne Encourages Chinese Students Speaking to students in Beijing, Chancellor George Osborne told students in Beijing that there were already 130,000 Chinese students in the UK. He encouraged them to also follow in their footsteps and stated: > “Let me make this clear to you and the whole of China. There is no limit to the number of Chinese who can study in Britain. No limit to the number of Chinese tourists who can visit. No limit on the amount of business we can do together.” ## Successful UK Visa Applications for Visitors & Businessmen Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making visa applications to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Immigration Minister Mark Harper Tells Iraqi Asylum Seeker to Go Home Source: https://immigrationandvisasolicitors.co.uk/immigration-minister-mark-harper-tells-iraqi-asylum-seeker-to-go-home/ *The UK’s Immigration Minister Mark Harper has told a five-time failed asylum seeker that he had no right to be in the UK and should go home. [Speaking live on the BBC’s Sunday Politics West show](http://www.dailymail.co.uk/news/article-2458617/Mark-Harper-tells-time-failed-asylum-seeker-home-live-TV.html?ito=feeds-newsxml), the Immigration Minister rounded on Iraqi Esam Amin causing a backlash in the media. Mark Harper is the senior Tory minister behind the controversial ‘go home or face arrest’ campaign which we reported last week as been banned in the UK over misleading arrest statistics.* ## Mark Harper’s Heated Exchange with Asylum Seeker Live on TV On Sunday, the government’s minister appeared on live TV alongside failed asylum seeker Esam Amin only to become embroiled in a heated exchange with the latter. Esam Amin has tried to claim asylum five times in the past six years, however, Mark Harper, a senior member of the Conservative Party told him this claims were “ridiculous” and that he should “leave the country.” The Immigration Minister went on to tell the Iraqi, who has fled from his war torn homeland, that neither the British government nor the British courts thought his claim to stay in the country was legitimate and that the British taxpayer should not be responsible for him. > “We are very clear that Mr Amin has had the chance to claim asylum, his case has been looked at very carefully by the government, we didn’t find it credible. I’m afraid he has no right to be in the UK and he should leave.” ## Asylum Seeker: Fight to Remain in the UK Esam Amin claimed that his life would be in danger were he to return to Iraq. > “I am not an illegal person, I am an asylum seeker, I am a human being like you. My life in my country is in danger that’s why I decided and I left my family and everything to come here. I claimed asylum, I came to find a safe place. I know my story is true and your system doesn't believe me. > > Five times they didn't believe me which has been going on for nearly six years. I can’t return to my home because my life is in danger there. I am campaigning so I can get my right to a safe place.” *Immigration Minister’s heated exchange with Esam Amin can be viewed [here](http://www.huffingtonpost.co.uk/2013/10/14/mark-harper-iraqi-asylum_n_4097596.html).* --- # UK Immigration: The True £7bn Value of Immigrants to the UK Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-the-true-7bn-value-of-immigrants-to-the-uk/ *As the government introduces the new controversial Immigration Bill as new legislation, we take a look at how migrants in the UK benefit the British economy and what the economic arguments are for the increase of migrants. It is a statistical fact that immigration is changing the UK and statistics by the Organisation for Economic Co-operation and Development (OECD) show that immigrants are bringing in £7bn more than they cost.* ## UK Immigration OECD Statistics: Immigrants bring in £7bn net The mission of [OECD](https://www.oecd.org/unitedkingdom/) is to promote policies that will improve the economic and social well-being of people around the world. In 2004, one in 11 of those living in the UK were born abroad. Today the proportion is one in eight – 12.4%. [Statistics also show](https://web.archive.org/web/20131028052656/http://web.orange.co.uk/article/news/immigration_brit_workers_against_the_world) that some 42% of London’s population was born outside the UK compared to just 5% in the North of England. In order to get a true picture of the impact of immigration in the UK, you must compare the cost of immigration with the related income – the taxes immigrants pay. Research from OECD shows that immigrants actually bring in £7bn more than they cost. This is the equivalent of a penny off the basic rate of income tax. ## Immigrants are 71% Economically More Active than Brits Research by OECD has also shown that some 71% of foreign nationals in the UK are economically active compared with 67% of UK nationals. It also seems that 38% of non-UK born people in the UK have degrees compared with 30% of UK nationals. Figures show that half of all immigrants hired in the UK are high skilled and this figure is increasing. ## Sky News Poll: People who do not know Immigrants Support Crackdown This week, Sky News has devoted a week of coverage to immigration highlighting the impact of this on the British economy. As part of their coverage, they have conducted a Survation poll which has found that 71% of those who did not know any immigrants supported strong action to crackdown on immigration compared with 58% of those who say they know immigrants well. The poll also found that 67% of those questioned do not believe that the coalition plans to reduce net migration from non-EU countries goes far enough. The poll of 1,508 adults found that 74% are concerned about the prospect of Romanians and Bulgarians being given complete EU rights to work. --- # UK Immigration Bill: Landlord’s Duty to Tackle Illegal Immigration Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-bill-landlords-duty-tackle-illegal-immigration/ *As [reported recently](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/uk-government-introduces-tough-new-immigration-bill/), the UK government has introduced “tough” new legislation to reform immigration law which they hope will crack down on those who are in the UK illegally. During the consultation, the Home Office proposed new requirements which would make it harder for illegal migrants to rent private accommodation. These requirements are modelled on the existing controls which apply to the employment of illegal workers which the government believes have been successful in reducing net migration by more than a third since June 2010.* ## Duty on UK Landlords Tackle Illegal Immigration Once the Immigration Bill becomes law, landlords in the UK will be expected to check the immigration status of new tenants before taking them on. The government hope that these checks will prevent those with no right to live in the UK from accessing private rented accommodation. If the landlord fails to carry out the requisite checks and the tenant does not have permission to live in the UK, the landlord will be liable for a fine. The amount of fine has not been set yet but is expected to be between £1000 and £3000. ## Immigration Bill: New Requirements for UK Landlords Landlords in the UK will be expected to: - Check UK citizen’s UK passport, naturalisation certificate, right of abode certificate or adoption certificate. They will also need to check the prospective tenant’s national insurance or UK driving licence. - Check a foreign nationals ID by checking either their Application Registration Card (ARC) if they are asylum seekers or take note of a Home Office letter of authorisation which is verified by the Home Office enquiry service; - Make annual checks on individuals with limited leave to remain and may have to keep records of when that leave is expected to expire; and - Store the information obtained from tenants for a minimum period (which will be stated in the new law) before disposing of it securely in accordance with the Data Protection Act. ## Housing Minister Mark Prisk: Immigration Rules “Simple” for UK Landlords Speaking on the government’s proposal’s at the time of the consultation, [Housing Minister Mark Prisk said:](http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2013/july/06-consultations) > “'We are determined to root out the rogue landlords that exploit vulnerable people by charging extortionate rents to live in unsanitary and often dangerous conditions. The measures proposed today will do just that. > > > The rules will be simple to follow for law-abiding landlords, so they can continue to let high quality homes to their tenants. But there will be stiff penalties for those who flout the rules and continue to offer this poor housing to illegal migrants. And to help councils tackle the problem of slumlords head-on, we're inviting them to bid for a share of £3million to help them investigate and prosecute cases in their areas.” --- # UK Immigration: Theresa May Axes Controversial “Go Home” Van Campaign Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-theresa-may-axes-controversial-go-home-van-campaign/ *It is [reported](http://www.dailymail.co.uk/news/article-2471114/Theresa-May-axe-vans-telling-illegal-immigrants-home.html) that Home Secretary for the UK, Theresa May has today axed  the controversial ‘go home or face arrest’ poster vans targeted at illegal immigrants as they have become ineffective. After reviewing the campaign, she has admitted to close sources that the campaign which was piloted in six London Boroughs, only resulted in the voluntary repatriation of just one person. * ## Immigration Policy: ‘Go Home’ Vans Branded ‘Cheap Political Stunt’ & ‘Beneath This Government’ The Home Office recently stepped into some controversy for displaying ads on billboards, which read “In the UK illegally? Go Home or face arrest” carried by vans in six London boroughs. A number of people have expressed their distaste for the adverts including Liberal Democratic Business Secretary Vince Cable who could not hide his feelings describing the campaign as “stupid”. Liberal Democrat party President Tim Farron  credited the reaction of the British public that the “cheap political stunt” was scrapped. Even Home Secretary Theresa May said the ad vans were “too much of a blunt instrument” after it was confirmed that the campaign would not go ahead. ## Yvette Cooper Brands Go Home Vans Campaign a "Divisive Gimmick"? Shadow Home Secretary Yvette Cooper believes that Labour’s plans, including increasing the fine for employing illegal workers to £30,000, are in difference to the Government’s “gimmicks” such as text messages and “offensive” advertising vans. > "The Government is failing to address the exploitation of low-skilled immigration in the labour market. Nor do they have any serious strategy for tackling illegal immigration. > > "That's why we are setting out sensible and practical policies, instead of the Tory-led Government approach of resorting to ineffective and offensive ad vans, gimmicks or incorrect text messages to people who have lived here for 30 years." Ms Cooper branded the "go home" vans a divisive gimmick and a complete failure that was beneath Mrs May and "ought to be beneath this Government". ## Legal Advice for Illegal Migrants in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # EU Immigration: Need for Indian Students & Skilled Migrant Workers Source: https://immigrationandvisasolicitors.co.uk/eu-immigration-need-indian-students-skilled-migrant-workers/ *In [media reports published today](https://web.archive.org/web/20131120034524/http://articles.timesofindia.indiatimes.com:80/2013-10-19/india/43199326_1_indian-students-uk-immigration), it has been noted that in a two day conference in relation to international migration, European Ecomonic Areas (EEA)'s were urged to attract more Indian students to study and eventually work in their countries as opposed to other lucrative markets such as the US, Canada and Australia. These reports are in addition to news that the British Council is planning to organise roadshows in seminars in more than 17 cities across India to attract Indian migrants and encourage them to come to the UK to study.* ## Research Shows Extent of Indian Migration to EU Countries Once it had been confessed that human mobility from developing countries like India to the European Union faced obstacles because of the imposing restrictions of the EU, those in attendance at the conference called for a plan of action to adhere to international students and skilled workers. A conference arranged by the Indian Centre for Migration, Indian Institute of Management Bangalore and Maastricht University based in the Netherlands stated that 4.1 million students were enrolled outside their country of origin and the majority of those students were from India, Korea and China. It was also noted at the conference, the most popular OECD (Organisation for Economic Co-operation and Development) countries for Indian students in 2008 was the US with 94,664, followed by Australia with 26,664 and the UK with 25,901. ## EU Countries Including the UK Should Target Indian Students  It was stated that the student’s ability to move around freely was an important component for attracting high-skilled immigration and crucial for future strategic and economic cooperation between two countries.  The EU was pushed to see the international student population as a target and should be encouraged to relocate to Europe as opposed to profitable markets such as US, Australia and Canada. ## UK Plans to Attract Indian Students to Boost Indian Migration The British Council has today [planned roadshows](http://economictimes.indiatimes.com/news/news-by-industry/services/education/british-council-roadshow-to-attract-indian-students-to-uk/articleshow/24560096.cms) and a ‘Great UK Education Seminar’ in more than 17 cities across India in an attempt to encourage Indian migrants to consider the UK as a place to study. Sam Harvey, the British Deputy High Commission’s British Council Division Director said that the seminars started today (23/10/13) in Vadodara and will make its way  to  Coimbatore, Raipur, Lucknow, Ahmedabad, Nagpur, Chandigarh, Jamshedpur, Kochi, Visakhapatnam , Surat, Kolkata, Bhubhaneswar, Jodhpur, Udaipur, Simla, Nasik, Mangalore, Mysore, Bengalguru and Guwahati, before it ends in March 2014. British Council’s Head of International Education Marketing, Suchita Gokam said: > “Our target is to increase the number of [I](http://economictimes.indiatimes.com/topic/Indian-students)ndian students studying in the UK in the next two years and that is why it has been decided to hold this campaign in more than 17 cities across the country." The seminars will feature points of studying in the UK, student visas and former students who will share their experience of studying in the UK. ## Successful UK Student Visa Applications for Indian Students Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Bill Branded “Discriminatory” To International Students Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-bill-branded-discriminatory-international-students/ *Following the UK government's introduction of the controversial immigration bill, it seems that the government has caused an outcry amongst international students. Changes made in relation to overseas students include giving students and their dependants no right to appeal against the refusal of leave to remain, removal decisions or the revocation or curtailment of their leave. Instead, the current right of appeal to an immigration tribunal will be replaced by administrative review in line with entry clearance refusals. * ## NUS Speaks Out Against UK Immigration Bill Proposals uncovered in the Immigration Bill on 10 October 2013 have attracted quite a response from the National Union of Students (NUS). The new bill has suggested that the immigration status of potential tenants and temporary migrants, including international students, will need to be checked by landlords and a charge to access NHS services will be compulsory. However, Daniel Stevens, international student’s officers at the National Union of Students has deemed the plan as “unworkable, expensive and discriminatory”. Mr Stevens also said: > “The bill will affect international students more than any other group as they already make up 75 per cent of those subject to visa controls.” He continued “of those subject to visa controls, international students are already the most heavily regulated and monitored, and yet they put the most into the UK economy for the duration of their stay.” The NUS states, making visa checks on international students by private landlords a requirement will result in racial profiling. Gathering and assessing the right documents will constrict students as tenancy agreements are made in a matter of hours. This could also lead to international students to turn to landlords who do not adhere to the law, putting themselves in danger if the landlords do not do the required checks. ## Theresa May: International Students Required to Pay NHS Home Secretary Theresa May said in Parliament, “temporary migrants seeking to stay in the UK for more than 6 months will have to pay an immigration health surcharge, on top of their visa fee.” It should be noted that international students pay higher tuition fees then British students and continual barriers put in front of them could lead to them to feel unwelcome and choose to study in other countries. Daniel Stevens said: > “International students will choose other countries who do not impose these restrictions over the UK. The immigration bill seeks to drive more international students to other countries, to the detriment of UK education.” The department of Business, Innovation and Skills stated that international students contribute £7.9 billion to the UK economy. Mr Stevens continued, “52% of recently surveyed international students already feel unwelcome to the UK because of government policy. These changes are likely to cause a further negative perception of the UK as a place of study.” The UK council for International Student Affairs have criticized the proposals as “disproportionate” and “unjust”, suggesting it may cause homelessness for international students. ## UK Universities Acting as 'Border Guards' It seems that over 250 students have [signed a petition](https://webcache.googleusercontent.com/search?q=cache:iVbQFdKLEEwJ:https://www.independent.co.uk/student/news/academics-urge-government-to-stop-using-universities-as-border-guards-8899732.html+&cd=1&hl=en&ct=clnk&gl=uk) to force ministers to stop using universities to act as “border guards”. Those who have signed the letter put forward the argument: “As academics, we have a duty of care towards all our students and such policies undermine that relationship.” They continued “this damages the international reputation of UK higher education institutions, we are educators, not border guards.” ## Successful UK Student Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Chinatown Businesses Protest Over UKBA Immigration Raids in UK Source: https://immigrationandvisasolicitors.co.uk/chinatown-businesses-protest-over-ukba-immigration-raids-in-uk/ *This week, it has been reported that the UK Border Agency’s (UKBA) tactless immigration raids in the UK have sparked a mass walkout in Chinatown. Business owners in Chinatown are now protesting against the unfair treatment they say they have received by UK immigration authorities. Tuesday's protest saw business owners, shop workers, chefs and waiters along with their supporters, putting an abrupt stop to the normally busy area of London. This has prompted London Mayor Boris Johnson to pledge to look into the ['heavy-handed'](https://www.theguardian.com/uk-news/2013/oct/22/chinatown-protest-immigration-border-agency-raids) immigration raids  and has led to him stating publicly that he is 'pro-immigration'.* ## UK Immigration Raids: UKBA Accused of “Fishing” For Illegal Immigrants Reports show that there have been up to 13 immigration raids across the UK in recent months, which have been described by resident workers of Chinatown as the UKBA “fishing” for immigrants. Immigrant workers now believe that this clearly show the UKBA's lack of sensitivity in dealing with the public or even dealing with difficult issues. On Tuesday, Chinese workers and their supporters came together on Gerrard Street, where they were blowing whistles and holding banners with slogans which read “Stop racist UKBA raids”. The protest was organised by Lawrence Cheng, the Secretary General of the London Chinatown Chinese Association. Cheng said of the raids: > “Very disruptive, putting owners in a shutdown situation while UKBA officers stay as long as they like," he said. "We are not trying to justify employing illegal immigrants, but these raids have to happen in the right way – procedures aren't being followed, people are being pushed around." It must be noted that there were no arrests for some of the raids. It is also believed that there was one raid where a restaurant owner was shown a warrant after the raid, only to be told that the warrant was for a different restaurant. ## London Mayor Boris Johnson: I am Pro-Immigration It seems that London Mayor Boris Johnson who has clashed with the government over visa limitations for migrants and has also made headlines for his encouragement of making it easier for Chinese people to visit the UK stated: > “If they've been heavy-handed in this instance then certainly we’ll get to the bottom of it and take the necessary action.”  Whilst appearing at Mayor’s Question Time in City Hall he said: > “I’m probably about the only politician I know of who is actually willing to stand up and say that he’s pro-immigration. I believe that when talented people have something to offer a society and a community they should be given the benefit of the doubt,” Mr Johnson added." ## Legal Advice for Illegal Migrants & Business Owners in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. If you are a UK business and have been affected by the UKBA's raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor these migrants and must have a valid Tier 2 Sponsorship Licence. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UKBA Update: UK Visa Application Forms & English Language Tests Source: https://immigrationandvisasolicitors.co.uk/ukba-update-uk-visa-application-forms-english-language-tests/ *On 18 October 2013, the UK Border Agency (UKBA) announced that they had made some important amendments to the list of [approved English Language tests](http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2013/october/46-english-language) for applications made under Tiers  1, 2 and 4 of the Points-Based System (PBS) and for spouse/partner visa applications. In addition to this, changes have been made to application forms used by applicants who are already in the UK. I**t is vital that those affected by these changes consult immigration lawyers for legal advice on how these changes affect them.* ## English Language Tests Affecting Points Based Applications The new list of approved English Language tests for applications being made under Tier 1,2 and 4 of the point-based system and for partner or spouse applications, comprehends changes made to Appendix O of the Immigration Rules back in July 2013, clearly stating the documents that can be used as evidence. ## UKBA's Changes to UK Visa Application Forms The UKBA has published new versions of the following application forms: - SET(BUS) – settlement (overseas business representative or retired person of independent means);**** - SET(DV) – settlement (victims of domestic violence);**** - SET(F) – settlement (children of British citizens or people settled in the UK);**** - SET(LR) – settlement (marriage); and**** - SET(O) – settlement (other).**** These forms are intended for applicants who are already in the UK and should be used if you apply on or after 28 October 2013. However, previous versions of these applications will continue to be accepted up to and on 18 November 2013. ## October 2013: New UK English Language Requirement Rules From 28 October 2013, there will be two parts to the Knowledge of Language and Life (KoLL) requirement, both of which must be met by all applicants for settlement unless an exemption applies. Applicants will be required to: - Pass the Life in the UK test; and - Have a speaking and listening qualification in English at B1 CEFR or higher or an equivalent level qualification. ## Are you affected by the UKBA 'English Language Requirement'? If you would like to discuss how the English language requirement may affect you, call one of our immigration solicitors in London who will be able to assist you by meeting with you and reviewing your case. --- # PM David Cameron: Don’t Blame EEA Workers for Coming to UK Source: https://immigrationandvisasolicitors.co.uk/pm-david-cameron-dont-blame-eea-workers-coming-uk/ *In [reports today](http://www.bbc.co.uk/news/uk-politics-24706858), Prime Minister David Cameron has defended migrants from Eastern European countries for coming to the UK and has commended their 'can do' attitude compared to young Brits. This comes after latest figures released show that net migration in the UK has increased from 153,000 to 176,00 in the year to December 2012, bucking a trend in which totals have fallen steadily from above 200,000 since 2011.* ## EEA Migrant Workers Not to Be Blamed For Seeking Work in UK Prime Minister David Cameron has [stated](http://www.dailymail.co.uk/news/article-2478336/David-Camerons-anger-factories-staffed-foreigners.html) that foreign nationals cannot be blamed for attempting to find jobs in British factories when the error is really within UK schools and colleges for not teaching students the essential skills to do the work. Speaking to a group of apprentices at a Mini factory in Oxfordshire he explained that “poor training and school standards mean young Britons do not have the skills and qualifications to compete.” David Cameron went on to recognize the part EEA workers play in the UK and said: > “You can go to factories in our country where half the people come from Poland, Lithuania or Latvia. You can’t blame them, they want to work, they see the jobs, they come over and they do them. But as a country we ought to be saying no”. ## Problem Not Just With UK Immigration but with Education & Welfare In the discussion with the apprentices, David Cameron not only pointed to the education system for failing school leavers, he also suggested that the welfare system was not encouraging work and required a reform as “(it) does not pay to be out of work”. David Cameron further stated that he believes if the three issues of immigration, education and welfare are cracked together, it may create an economy which produces wealth for the British people. > “Let’s get our education system right so we are producing young people out of our schools and colleges who are fully capable of doing the jobs. Second, let’s reform the welfare system so that it doesn't pay to be out of work. And third, let’s have sensible controls on immigration.” --- # UK Immigration: 2m Migrants Given British Citizenship Since 2000 Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-2m-migrants-given-british-citizenship-since-2000/ *Last month, the Home Office released figures revealing that over 2 million migrants had obtained British nationality since 2000 (a rise of 14% of passports given in one year). It seems that Home Office officials are now approving citizenship applications faster than when the Labour government was in power. British nationality allows migrants to live and work freely in the UK and gives them the right to vote in general elections.* ## UK Home Office Figures 2012: 204,541 Requests for Passports The Home Office’s official figures [revealed](http://www.dailymail.co.uk/news/article-2427633/Over-2million-UK-passports-handed-foreigners-2000-One-immigrant-British-citizen-half-minutes.html) that 204,541 requests for a UK passport were rubber-stamped in this past year. Benefits, the jobs market and no restrictions on access to housing are just some of the advantages for new citizens with a British passport. The majority of migrants that have been given passports arrived in the UK in 2008 or earlier. It is believed that most of the beneficiaries are from Pakistan, Nigeria, China, the Philippines and India.This latest fact comes at a time when the Conservative party are struggling to bring immigration under control. The Home Office are approving citizenship faster than at the height of Labour’s open-door policy back in 2009 when at the time a record breaking 203,789 were rubber stamped. The main source of being granted a British passport is residency. Normally 5 years living continuously in the UK makes you eligible to apply for indefinite leave to remain. It is believed that last year 111,637 qualified for ILR. 42,048 passports were granted through marriage to a British citizen and 45,772 by being the child of British citizen. ## British Citizenship: New English Language Requirements Migrants hoping to settle in the UK will have to sit and pass and English language course on top of the current test on life in the UK. Those who are English speakers will only have to take the life in the UK test, but those migrants who do not speak English or are skilled are required to pass a course in English for Speakers of Other Languages (ESOL) which contains citizenship materials. According to [Theresa May](http://www.bbc.co.uk/news/uk-politics-22158482) “It would clearly be wrong for people to be able to become British citizens with a lower level of English than that expected from permanent residents.” Mark Harper, immigration minister agreed stating it would "ensure that migrants are ready and able to integrate into British society". The director of cross-party group the Migration Matters Trust, Atul Hatwal shared the positive enthusiasm of the change, as he believed it encourages a “shared understanding of the country we live in”, and creating unity between new and existing citizens. ## Successful Applications for British Citizenship Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an application for British nationality step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Home Office Clamps Down On Illegal Workers in UK Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-home-office-clamps-illegal-workers-uk/ *The Home Office is working closely with employers to raise awareness of their responsibilities in tackling illegal working. They want to toughen civil penalties against dishonest businesses employing illegal migrants. This is part of the government’s bigger plan to make it more difficult for illegal migrants to live and work in the United Kingdom and in turn to allow the immigration policy to benefit the systems in the UK, for example the health and housing system.* ## Legal Duties On Employers/Business Owners Is an employer or a business owner it is your responsibility to follow the law set out in sections 15 to 25 of the Immigration, Asylum and Nationality Act 2006, which came into action on 29 February 2008. The reasons for these rules are to make it harder for people who have no right to work in the UK, make it easier for employers to ensure they are hiring people who are legally allowed to work in the UK and lastly strengthen the Government’s control of tackling illegal working. It is the employer’s duty to carry out document checks to confirm a person’s right to work in the UK, also if they have a time limit on their stay, there should regular checks. Speaking on illegal workers, Mark Harper, the Immigration Minister stated: > “This government is committed to taking action to effectively tackle illegal working. Illegal working encourages illegal Immigration; it undercuts legitimate businesses by illegal cost-cutting activity, and is often associated with exploitative behaviour like tax evasion and harmful working conditions. We will not allow the growth of a shadow economy for illegal migrants, so we are proposing to get tougher on employers who exploit illegal labour. At the same time, we want to make it easier for legitimate businesses by reducing the administrative costs of complying with right to work checks.” ## Consequences & Penalties of Failing to Carry out Immigration Checks Currently, if employers do not follow the rules under the 2006 Act they may have to pay a fine of up to £10,000 for each illegal migrant worker. The [introduction of the Immigration Bill](https://www.gov.uk/government/news/employers-exploiting-illegal-immigrants-face-tougher-sanctions) will now see this sum increase to £20,000 per illegal employee. According to the [Home Office’s figures](http://www.bbc.co.uk/news/uk-23535938), over 8,500 penalties were issued between 2008/09 and 2012/13, totalling £79,300,000. The businesses that have received the most penalties include restaurants, take-aways, car washes, factories, food producers and small shops. Over 150 supermarkets were also fined for having illegal workers. A spokesperson for the Home Office stated: “The government is determined to take effective action to reduce illegal migration, and to tackle illegal working. Giving employers hefty fines if they employ illegal immigrants is a key part of this." ## Legal Advice for Migrants and Employers Employers who are facing fines may wish to instruct a specialist solicitor who can negotiate the level of fines down with the Home Office by putting forward any mitigation and referring to the law and statutory rules surrounding the levy of the fines. As ever illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible. --- # UK Immigration: Activities for Business Visitors to UK Expanded Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-activities-business-visitors-expanded/ *****On  1 October 2013, it was announced that the list of activities for business visitors to the UK had expanded. This comes during the time Chancellor George Osborne revealed new relaxed visa rules for Chinese nationals visiting the UK. We previously reported that in a trade trip to China, Chancellor George Osborne had [announced plans](https://web.archive.org/web/20150106022023/http://news.sky.com:80/story/1154100/george-osborne-to-relax-china-visa-rules) for simplifying visa applications for tens of thousands of Chinese businessmen and tourists. The UK government hoped that by relaxing the UK visa rules for the Chinese, it will boost the number of visitors to the UK and more Chinese companies will be persuaded to invest in the UK. * ## Current Business Activities for Business Visitors to the UK Business visitors to the UK may wish to come to the UK to do business for a short time. Some already existing activities that are allowed for business visitors are the following: - Attending conferences or meetings; - Arranging/negotiating/signing trade agreements or contracts; - Undertaking fact-finding missions; - Conducting site visits; - Delivering goods and passengers from abroad; and - Accompanying a tour group; ## Changes to Immigration Rules for UK Business Visitors Since 1 October 2013 the activities have expanded to: - Allowing multinational firms to bring their own auditors to the UK; and - Enabling business visitors to undertake corporate training in the UK delivered by an external company or do a short course of study. Although it has been said that the category is not suitable for those who want to take up employment in the UK. This is because there is a bit of a blurred line between those that are genuinely here for a business visit and those who could be considered working because of their frequent visits to the UK. ## UK Visas for Chinese Business Visitors The managing director of Jarrang, Stafford Sumner has said, “The Chinese will find getting a UK visa easier. That’s good for business.” And it seems Mr Sumner is right as in 2012 Britain allowed around 179,000 Chinese visitors into the UK, profiting businesses by an estimate of £300 million. It has also been reported that the difficulty of getting a UK visa from China also causes a loss to companies in the UK, for example the London’s West End alone lost £172 million last year. As a trial test, visitors from China to the EU provided by selected travel agents will be able to come to the UK without having to make a separate visa application. Regular business travellers will be able to use a new, 24-hour “super priority” service. The new rules are a massive opportunity for business. This means up until now, because of the difficulty of being granted a visa, Britain’s hope of attracting visitors from China was to sell the UK as a destination. Which shows the results of France responding faster and through the Schengen Agreement, giving instant access to an additional 25 European countries. ## Successful UK Visa Applications for Visitors & Businessmen Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making visa applications to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Home Secretary Theresa May’s Plans for UK Immigration Bonds Scrapped Source: https://immigrationandvisasolicitors.co.uk/home-secretary-theresa-mays-plans-for-uk-immigration-bonds-scrapped/ *In June 2013, Theresa May [announced](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/ukba-family-visitor-appeals-abolished-and-immigration-bonds-introduced/) a pilot scheme to make visitors from India (as well as Bangladesh, Sri Lanka, Pakistan, Ghana and Nigeria) pay a £3000 bond when applying for visas. In news today, it seems that these plans which were meant to be rolled out this month have now been scrapped after the policy caused outrage at home and abroad and exposed a divide in the governing coalition.* ## 'Discriminatory' UK Immigration Visa Bonds Scrapped The government’s plan was to have a £3000 deposit imposed on visitors from Ghana, Nigeria, Pakistan, Bangladesh, India and Sri Lanka in order to receive a visa. These chosen countries were viewed as ‘high risk’ in regards to illegal immigration. A [spokesperson](http://rt.com/news/uk-immigration-plan-scrapped-168/) for the government has now abruptly announced: “We have decided not to proceed”. The Liberal Democrats have insisted that they are the reason Theresa May abandoned the plan. Initially Nick Clegg agreed with the plan, only to change his mind when other members of his party called it “discriminatory”. The Affiliation of Indian Industry described the pilot scheme as “highly discriminatory”, and would likely risk an EU-India trade deal and ruin a “special relationship” with Britain ## Labour Govt: Conservatives Immigration Policy is Not Right Immigration seems to be one of the most important issues facing Britain. The Labour party, which is ahead of the conservatives in opinion polls believe that David Cameron’s immigration policy is in bits and pieces. David Hanson, spokesperson for Labour party said: > “It seems David Cameron’s government can’t get anything right when it comes to dealing with illegal immigration. Investors in India are now put off from investing in the UK, whilst the Home Office fail repeatedly to do anything about their failure at our borders to stop and return illegal immigrants.” Despite the government insisting their plan to control net migration in the UK is right on track, a number of changes to immigration law are going to take place, including the increasing of fines for employers hiring illegal immigrants, compulsory immigration paper checks on tenants by landlords, and making it tougher for illegal immigrants to get driving licences or open bank accounts. ## Legal Advice for Visitor's to UK If you are planning on visiting family in the UK, then [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) and we can review your case. Instructing our firm of expert immigration solicitors and immigration barristers, ensures that you receive a successful result. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of entering or remaining in the UK. --- # Immigration Bill Replaces Right of Appeal with Administrative Review Source: https://immigrationandvisasolicitors.co.uk/immigration-bill-replaces-right-appeal-administrative-review/ *The new Immigration Bill intends to remove the right of appeal for applicants who wish to challenge an immigration decision in relation to their Points Based Application. Instead, applicants will be given the right to apply for administrative review which would involve looking at whether their claimed points were correctly assessed by the Entry Clearance Officer.  As per the new Statement of Intent, the Home Office wish to introduce Administrative Review for in country points based applications.** * ## What is the Administrative Review Process Currently, Administrative Review is a prerogative that must be made within 28 days from the date the applicant has received the refusal notice. The Administrative Review will be conducted by an Entry Clearance Manager; the result may come from an entry clearance post that did not consider the original entry clearance application. If your application has been refused under the point based system, and you believe that the decision is wrong, you can apply for an Administrative Review.  Applicants can only request an Administrative Review per refusal. You cannot request more than one review for the same refusal decision, unless the Administrative Review is refused based on different refusal grounds to the original refusal notice. If the applicant has further information, documents, other paper work or new information that they did not submit with the original application – this does not mean they are eligible for an Administrative Review, they have to make a new application and pay the fitting fee. ## Is Administrative Review A Success? It has been suggested in the new Immigration bill that ‘Administrative Review’ should replace rights of appeal. According to government’s figures the Immigration appeals have almost a 50% success rate. According to a Freedom of Information request by a [member of the Free Movement blog](https://www.whatdotheyknow.com/request/181084/response/445373/attach/3/FOI%2029305%20Answer.pdf), found that in the last year between July 2012 and June 2013, 6096 Administrative reviews were resolved and 1,077 out of that were retracted. This represents a proportion of 18%. It has been argued by some that this could be the reason why the government wish to abolish rights of appeal. It has also been argued that this is the government want to diminish judicial review as an approach. ## Have you had your Points Based Application Refused? If your application under the points based system (Tiers 1, 2, 4 or 5) has been refused, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) and we can review your case. Instructing our firm of expert immigration solicitors and immigration barristers, ensures that you receive a successful result. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of having your immigration decision administrative reviewed. --- # Case Study: Tier 1 PBS Investor Visa Success Source: https://immigrationandvisasolicitors.co.uk/case-study-tier-1-pbs-investor-visa-success/ *The Tier 1 Investor Visa route under the Points Based System demonstrates the UK government’s desire to attract high net worth individuals to make lucrative investments in the UK. **Tier 1 Investor Visas are suitable for those who wish to make a substantial investment in the UK. A job offer is not necessary and the application will be judged on the applicants ability to invest.* They were recently instructed by a Libyan national who was lawfully residing and working in the United Arab Emirates. Our client had a long history of association with the UK including a number of multi-visit visas over the last 10 years. Our client wished to apply for entry clearance to the UK (along with his wife and child as his dependents) with the intention of making a substantial financial investment in the UK as a Tier 1 (Investor) Migrant.We received news that his visa along with his dependents had been granted. ## UK Tier 1 Investor Visa - the advantages The UK Tier 1 Investor route has become attractive due to the fact that the applicant does not need to show evidence of maintenance nor demonstrate that they meet the English language requirements. The visa can be granted for three years and individuals can switch into this category whilst already present legally in the UK. If an applicant is successful under the points-based system, they are allowed to bring dependants (children under 18 years of age, a husband, wife, civil partner, or unmarried or same-sex partner) to the UK, as long as they are given entry clearance or permission to stay (known as ‘leave to remain’). The UK Investor visa category is designed for migrants who want to make a substantial financial investment in the UK without having to take the more proactive steps that are involved with an “[Entrepreneur](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london)” or sole representative visa categories. Usefully, there is no “cap” on Investor visa numbers which allows any number of individuals to apply to enter or leave to remain in the UK. ## Wealth Management Companies Concerns Over Home Office's Checks on Investor visas There has been growing concern amongst wealth management companies over the Home Office’s checks into the origin of foreign investor's funds, due to the increase of people entering the UK on investor visas. When Tier 1 Investor visas were introduced in 2008, only 43 foreign nationals were successful in applying. But in 2012 the number of successful cases has rapidly increased up to 470, with the majority of applicants being from China and Russia. This has raised a few eyebrows with some wealth managers, who are involved in demonstrating foreign millionaires’ funds and their UK investments. Alex Ruffel, a partner at Berkeley law firm has said, “There is a disconnect between what we do to establish the source of funds, and what the Home Office describes as establishing the source of funds.” Alex Ruffles went on to state that her firm along with other law firms and wealth managers must follow the anti-laundering legislation – which puts responsibility on them to find out if the applicant’s source of money has “anything tainted about it”. She continues that the Home Office “are concerned about how did it get into the hands of the person who has it, we’re more concerned  with how it was actually earned – its true source.” ## Successful Tier 1 Investor Visa Applications Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Investor Visa application ](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/)step by step and limit the possibility of failure by complying with the strict letter of the law. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # Theresa May Introduces Fast Track UK Visa Service for Business Leaders Source: https://immigrationandvisasolicitors.co.uk/theresa-may-introduces-fast-track-uk-visa-service-business-leaders/ *UK Home Secretary Theresa May has [announced](http://www.theguardian.com/politics/2013/nov/06/theresa-may-great-club-uk-visa-service-launch) that an invitation only fast track visa service to travel to the UK will be launched in the New Year. The 12 month pilot scheme is aimed at global business leaders who have strong links to the UK and aims to benefit about 100 executives providing them with "bespoke" support from UK Visas and Immigration.* ## Theresa May Brands UK Business Leaders as “The Great Club” Theresa May has described the 100 global business leaders who will use the visa service as [‘The Great Club’](https://web.archive.org/web/20131109004113/http://www.hindustantimes.com:80/world-news/uk-to-introduce-vip-mobile-visa-service-in-india/article1-1147803.aspx). The Home Office has said that those who join the club will be allocated a personal account manager to make sure that “their journey through the visa and immigration service is swift and smooth”. It seems that the new premium visa service is part of the government’s economic growth plan to attract the best and brightest workers, as well as business and investment in the UK. ## Improvements to UK Visa Immigration Services for All Business Migrants UK Visas and Immigration have further plans to improve their immigration services for business users globally. This service will be available for those who are prepared to pay £600 in addition to the usual visa fee. Improvements to the visa services will involve; - Increasing the £100 extra priority three to five day visa service from 67 countries to more than 90 by spring 2014; and - Extending the same day visa service presently available in India and soon to reach China to a number of other countries by the end of next year. ## Reasoning Behind Fast Track Visa Services for Business Leaders The initiation of the fast-track business visa comes from repeated complaints about delays in the handling of visa applications, specifically in India and China. Despite Prime Minister David Cameron’s third visit to India in two years, officials have failed to clarify who would be considered for the club. Officials have only stated that that those who are in a position to make a significant contribution to the economy would qualify.  A spokesperson for the Home Office stated: > “Over the next 12 months, additional improvements (to the visa system) will include introducing a VIP mobile visa service to India and piloting our passport pass-back service in southern India with a view to expanding countrywide if successful." Theresa May added, “These changes will allow us to maintain a world class, competitive visa system that can innovate in order to serve the ever-changing needs of business and ensure Britain succeeds in the global race. We will continue to listen and respond to the needs of high-value and high-priority businesses so that we can provide them with a service that supports economic growth, while at the same time maintains the security of our borders." ## Successful Visa Applications for Business Migrants to the UK Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making successful visa application[ ](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/)step by step and limit the possibility of failure by complying with the strict letter of the law. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # UK Immigration: Parliamentary Committee Publishes Report on Failings of UKBA Source: https://immigrationandvisasolicitors.co.uk/uk-parliament-publishes-report-failings-uk-border-agency/ *SKY News interviewed LEXLAW Immigration Team Solicitor and Client in a report on the Home Office Affairs Committee which has today [published its final report](https://web.archive.org/web/20161028023817/https://www.parliament.uk/business/committees/committees-a-z/commons-select/home-affairs-committee/news/ukba-q1-pubn/) on the work of the UK Border Agency (UKBA), covering the period from January to March 2013. * The Committee found that 432,000 immigration cases still needed processing, and while that was 70,400 fewer than the previous quarter, most of that reduction was achieved simply by loading pending cases onto computer systems. It seems that in some cases such as those where applicants applied for further leave to remain on the basis of marriage or civil partnership—the backlog had actually grown. ## UKBA Failings: Backlog of Over 430,000 Immigration Cases The Committee found that by the time the UKBA was scrapped in March, the backlog of immigration cases was over 430,000. Following the report, MP Keith Vaz, Committee chairman stated: > “There are still over 430,000 cases languishing in the backlogs, enough to fill Wembley Stadium almost five times over. As we have said on numerous occasions, the backlogs must be cleared as a matter of priority, only then will the Home Office be able to tackle the deeper problems in the immigration system." MP's sitting on the Commitee recognised that most of the applicants affected by the UKBA's failings, had waited many years to find out the outcome of their visa applications. It has now been recommended that the Home Office prioritise the conclusion of their cases and work fast to give them a swift decision. ## UK Visa & Immigration Services Replaces UKBA Since the UKBA has been scrapped, there are now two separate teams within the Home Office; an immigration and visa service team intended to improve visa service and customer service, and a second division which would concentrate on those caught breaking immigration laws. Following the findings, the Immigration Minister Mark Harper stated: > “The UK Border Agency was a troubled organisation since its formation in 2008 and its performance was not good enough. That is why we split the Agency and brought its work into the Home Office under two distinct directorates.” It is intended that UK Visas & Immigration will adopt a more customer-focused approach to its work. The report recognises that this is urgently required and MP's hope that the re-organisation of immigration and visa services will provide the framework in which it can happen. Our Immigration solicitor, Aisha Choudhry was [interviewed yesterday by Rhiannon Mills of Sky News](https://web.archive.org/web/20131111191629/http://news.sky.com:80/story/1165519/poor-record-on-illegal-immigrant-removals) in relation to the failings of the UKBA and the Home Office's restructuring of the organisation which many consider to amount to nothing more than rebranding. We remain uncertain that the Home Office will actually improve upon the efforts of the UKBA given that the same staff appear to be involved and the exercise therefore may well amount to little more than playing musical chairs. ## Legal Advice for those Affected by Home Office Delays If you are affected by the Home Office's failings and delays in processing your visa application, [contact](https://immigrationandvisasolicitors.co.uk/contact-us/) our expert legal solicitors and barristers to discuss your immigration situation. --- # Decline in Indian Students Visiting UK – ‘Tough’ UK Visa Rules Blamed Source: https://immigrationandvisasolicitors.co.uk/decline-indian-students-visiting-uk-tough-uk-visa-rules-blamed/ *Following the introduction of the Immigration Bill in Parliament, the [Times of India](http://timesofindia.indiatimes.com/world/uk/Visa-regime-shrinks-number-of-Indian-students-visiting-UK/articleshow/25095361.cms) has analysed data held by HESA Student which shows that between 2010-11 and 2011-12, over 10,000 fewer Indian students travelled to the UK to pursue a post graduate degree. This decline has been attributed to tough immigration laws and could be seen as the result of the introduction of the Immigration Bill which intends to make it more difficult for immigrants to live and work in the UK after they have studied their course.* ## HESA Student Data: Figures Show Indian Students are avoiding the UK Records held by HESA Student show the following: - 39,090 Indian students were enrolled in British universities in 2010-11 for a postgraduate degree but this number fell to 29,900 in 2011-12; - Number of Pakistani students fell by 13.4% while those from Saudi Arabia fell by 4%; - Chinese students enrolling in postgraduate degrees rose by 17%; and - Even after the drop in figures, Indian and Chinese students made up almost 35% of all non-EU students in the UK. Prime Minister David Cameron is set to visit New Delhi, India on 14 November in his third visit to the country in the last two years and will be addressing these issues with the Indian Prime Minister. ## British Council: Dr Manmohan Singh Scholarships for Indian Students The British Council is offering scholarships for Indian students to study for doctoral degrees in subjects like science and technology, economics and social sciences at [St John’s College, University of Cambridge](https://web.archive.org/web/20180706190441/https://www.joh.cam.ac.uk/dr-manmohan-singh-scholarships). These scholarships have been named after the Prime Minister of India who is a graduate and Honorary Fellow of St John’s College. These awards will enable academically outstanding Indian students to study a variety of subjects. ## Successful UK Student Visa Applications for Indian Students Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Changes to UK Immigration Rules Affecting Members of HM Armed Forces Source: https://immigrationandvisasolicitors.co.uk/changes-uk-immigration-rules-affecting-members-hm-armed-forces/ *In August this year, the government announced new immigration rules to ensure that families of HM Armed Forces personnel are not disadvantaged by immigration rules and their families can integrate into society. Changes to the current immigration rules will come into force on 1 December 2013 and are intended to align the treatment of non-EEA family members of service personnel with the general approach to family migration. At the same time, they aim to treat all non-EEA dependents of service personnel in the same way irrespective of the immigration status of the sponsor.* ## Who these Immigration Rules Will Apply to: There is a new Appendix for HM Armed Forces which covers the non-EEA family members of British service personnel and also the families of foreign or Commonwealth citizens serving in HM Armed Forces (including Ghurkhas discharged since 1 July 1997). The rules will apply to those seeking to enter or remain in the UK as: - A foreign or Commonwealth member of HM Forces (on discharge); - A partner or child of a member of HM Forces; - A partner or child of a member of non-HM Forces who is exempt from immigration control; - A member of non-HM Forces who is not exempt from immigration control; and - A partner or child of a member of non-HM Forces who is not exempt from immigration control. ## Financial Requirements to Apply to Members of HM Armed Forces A minimum income threshold has been introduced which must be satisfied by producing specified evidence. Service personnel who wish to sponsor their non-EEA dependents to either enter or stay in the UK must meet a minimum threshold of £18,600 for a partner, £22,400 for a partner and child and £2,400 for each additional child. It is interesting to note that the explanatory notes states: > “Following the High Court’s judgement in the case of MM and Others and in line with the approach currently taken in respect of applications under Appendix FM, applications which fall to be refused solely because the income threshold is not met will be placed on hold until MM and Others is determined finally by the courts.” ## Additional Changes to Immigration Rules for HM Armed Forces In addition to the financial requirements, the following rules will apply: - A basic English language requirement will apply to all non-EEA partners of members of HM Armed Forces seeking to enter or stay in the UK; - Non-EEA partners of British or foreign or Commonwealth citizens serving in HM Armed Forces will serve a five year probationary period before being eligible to apply for settlement; and - To qualify for settlement non-EEA partners and children between the ages 18 and 65 will have to demonstrate their knowledge of language and life in the UK. ## Immigration Lawyers for UK Armed Forces Visas If you are a member of the Armed Forces or your family member is in the Armed Forces and you wish to know more about applying for settlement or leave to remain, you should seek legal advice from expert UK Immigration Solicitors regulated by the Solicitors Regulation Authority to ensure that you know your options and how you can proceed to the next steps. Feel free to [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options. --- # UK Immigration: Home Office Outlines Plans to Improve Visa Services Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-home-office-outlines-plans-improve-visa-process/ *Yesterday, the Home Office put forward a [consultation paper](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/256443/Fees_and_charging_immigration_and_visas.pdf) outlining plans which would permit business visitors and tourists to the UK skip the passport queues at UK airports if they pay an extra fee to the Home Office. The paper outlined plans for premium fast-track processing which would extend a service currently only available to first and business class passengers at Heathrow. This is one of several proposals outlined to cover the costs of the UK Border Agency by raising cash from foreign visitors.* ## Recognition for Changes to UK Immigration Policy & Improvements to Customer Service In the consultation paper, the Home Office has recognised the benefits immigration has brought to the UK but states the need to see an immigration system that is stronger and more sustainable. The Government has already made changes to the UK’s immigration policies in an attempt to reduce net migration levels from the hundreds of thousands to the tens of thousands. Immigration Minister Mark Harper has stated in the consultation paper: > “We believe it is right that those who use and benefit most from the immigration system (migrants and the organisations that sponsor them for work or study) should make an appropriate contribution towards its operation. Similarly those who receive an enhanced service at the border should help meet the cost of providing that service.” ## Introduction of Premium & Optional Services for Business Visitors & Tourists The [introduction of the fast track processing service](http://www.telegraph.co.uk/news/uknews/immigration/10445165/Pay-a-fee-to-skip-the-passport-queue-under-new-Home-Office-plans.html) would initially be targeted towards wealthy passengers and intended to make profit, rather than just improve the service, the service would allow travellers to skip queues in airport arrival halls around the country. These plans are aimed at providing foreign visitors with a faster and more personal service and would give migrants and sponsors greater choice and flexibility in their interaction with UK Visas and Immigration. The following are the Home Office’s plans: - Overseas: the Home Office intend to expand their priority service to offer migrants the convenience of a decision in 5 days or less. In addition to this, they intend to expand their VIP and super priority services offering a visa decision in 24 hours. - In the UK: the Home Office intend to expand their sponsor premium service, giving the organisations on the scheme a higher level of access to account management services and in-person appointments for migrants they sponsor. In addition to this, the Home Office has launched a priority postal service which allows applications to receive consideration more quickly than standard postal applications. ## Successful Visa Applications for Business Migrants & Tourists to the UK Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a successful visa application[ ](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/)step by step and limit the possibility of failure by complying with the strict letter of the law. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # UK PM David Cameron Visits India in Bid to Encourage Indian Migration Source: https://immigrationandvisasolicitors.co.uk/uk-pm-david-cameron-visits-india-in-bid-to-encourage-indian-migration/ *UK Prime Minister David Cameron [arrived in India](http://www.telegraph.co.uk/news/uknews/immigration/10448670/David-Cameron-makes-fresh-attempt-to-persuade-Indians-to-come-to-Britain.html) yesterday in a fresh bid to persuade Indian students and businessmen to come to the UK. This is the Prime Minister’s second trip to the nation and comes amid concerns that the Coalition’s immigration policies are putting off foreigners who have the ability to potentially boost the UK’s economy.  The possible decline in Indian migration to the UK (in particular student migration) has been attributed to tough immigration laws and could be seen as the result of the Immigration Bill.* ## David Cameron: “No Limit” on Indian Students In an interview with the Times of India, the Prime Minister denied that the Coalition’s tough line on immigration is putting off tens of thousands of Indians who want to study in the UK. It has already been reported that the number of Indian students in the UK fell to 16,000 last year down from 61,200 in 2009. Speaking to the online Indian news website, David Cameron expressed his wishes for Indians to not only study in the UK but also to work. He stated: > “My message is very clear. We want to attract the brightest and the best to Britain.” ## ONS Statistics on Visas Issued to Indian nationals Figures released by the Office of National Statistics at the end of August showed that there is twice the amount of long term net migration from outside the EU than there is from inside it. In 2012, there were 48,000 visas issued to Indians which was more than three times the amount given to Australians who got the second most. However, despite this there was still a fall in the number of students combined with an 8,454 drop in Pakistani students – halving the number issued in 2011 – contributed to a 5% drop in the number of visas issued to all foreign students last year. ## Successful UK Student Visa Applications for Indian Students Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # EU Immigration: Malta Passes Bill to Grant Passports for €650,000 Source: https://immigrationandvisasolicitors.co.uk/eu-immigration-malta-passes-bill-to-sell-passports-for-e650000/ *The Maltese government has [approved plans](http://www.huffingtonpost.co.uk/2013/11/15/eu-citizenship_n_4279631.html?utm_hp_ref=uk) to attract ‘high value’ migrants to the country by granting passports for **€650,000 (£546,000). The scheme is targeted at wealthy citizens from countries such as Russia, China and Middle Eastern countries and will give non-EU applicants work and residency rights in the 28-member bloc. The initiative is expected to start within a week and could potentially attract up to 300 people each year.* ## Malta Sells Passports to Wealthy Non-EEA Nationals The Maltese government has passed a bill to grant passports (and EU citizenship) in order to bring in cash and investment. The reasoning behind Joseph Muscat, the Prime Minister’s rather welcoming attitude to wealthy foreigners has been said to be largely for financial gain. The scheme is expected to attract up to 300 people a year and is already understood to have 45 potential applicants raising the government €30 million in much needed revenue. Malta is not the first country to offer this scheme; earlier this year Cyprus launched a similar passport scheme. The Cypriot government relaxed its citizenship rules for non-resident investors who had lost more than £2million through paying the levy imposed on them and in turn effectively stopped non-resident investors from leaving the country. It can also be said the UK has a Tier 1 Investor visa scheme which attracts wealthy investors and residency permits for non-EU citizens are more easily available to those with £1million. ## EU Citizenship: Right to Live & Work in the UK Malta has been a member of the European Union since 2004 and so obtaining a Maltese passport would give the holder EU citizenship and so the [right to live and work in the UK](http://www.telegraph.co.uk/news/worldnews/europe/malta/10445966/Maltese-passport-and-life-as-an-EU-citizen-for-anyone-with-546000.html). This could mean that holders of Maltese passports have the right to bring their non-EEA family members such as their husband, wife, civil partner, children or grandchildren (under 21) and their parents or grandparents if they are dependent on them to the UK. Once in the UK, as an EEA national, you have the right to live and work in the UK (known as the right of residence') if you intend on working in the UK and have obtained permission to work or if you can support yourself and your family in the UK without becoming an unreasonable burden on public funds. ## Successful Applications for EEA nationals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making applications for EEA residence documents step by step and limit the possibility of failure by complying with the strict letter of law. We specialise provide expert legal advice for those interested in making Tier 1 Investor Visa applications. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Case Study: HM Armed Forces Success Story Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-study-hm-armed-forces-success-story/ *The UK’s immigration legislation states that certain members of armed forces are exempt from immigration control. This includes those members of the HM Forces subject to service law (Royal Navy, British Army or Royal Air Force). However, dependents of members of the armed forces are not exempt from immigration control but dependents of military personnel of NATO and Commonwealth countries are exempt from the requirement of providing biometric information. Immigration law relating to HM Forces and their families can be quite complicated and it is advised to seek legal advice if you are intending on applying for indefinite leave to remain.* ![British Army Visa LEXLAW Immigration Solicitors](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2013/11/Screenshot_2016-02-17-11-57-46-1-1-1-1-300x50.png) They were recently instructed by a Fijian national married to a British citizen who was leaving HM Forces after a successful career. Our expert immigration legal team assisted him with his application for indefinite leave to remain and recently received confirmation that he had been granted indefinite leave to remain. Our team reviewed his supporting documents, prepared his application for indefinite leave to remain and made legal representations on his behalf to the Home Office receiving a response in a short period of time. ## Fijian Soldier Filimone Lacanivalu Wins Right to Stay in UK In [recent media news](http://www.theguardian.com/uk-news/2013/nov/16/fijian-soldier-army-filimone-lacanivalu), it was reported that Filimone Lacanivalu, a former soldier from Fiji won his battle to stay in the UK after issuing a personal appeal to David Cameron. It seems that the former soldier had served with HM Forces for nine years but was facing deportation after he failed to fill in the necessary forms on his discharge from service. Filimone Lacanivalu stated: > “I have been in the forces, I’ve put in effort, sacrificed my life in this country. I just think to stay here will be a benefit, there’s more opportunities.” Filimone Lacanivalu was unaware that he had to apply for indefinite leave to remain once he had been discharged from the army. This resulted in him receiving  a deportation order which has now been revoked following a case review by Home Secretary Theresa May and Immigration Minister Mark Harper. ## New Rules Effecting Family Members of Ex HM Armed Forces Changes to the current immigration rules will come into force on 1 December 2013 and are intended to align the treatment of non-EEA family members of service personnel with the general approach to family migration. At the same time, they aim to treat all non-EEA dependents of service personnel in the same way irrespective of the immigration status of the sponsor. The following is a summary of changes: - Service personnel who wish to sponsor their non-EEA dependents to either enter or stay in the UK must meet a minimum threshold of £18,600 for a partner, £22,400 for a partner and child and £2,400 for each additional child; - A basic English language requirement will apply to all non-EEA partners of members of HM Armed Forces seeking to enter or stay in the UK; - Non-EEA partners of British or foreign or Commonwealth citizens serving in HM Armed Forces will serve a five year probationary period before being eligible to apply for settlement; and - To qualify for settlement non-EEA partners and children between the ages 18 and 65 will have to demonstrate their knowledge of language and life in the UK. ## Immigration Lawyers for UK Armed Forces Visas If you are a member of the Armed Forces or your family member is in the Armed Forces and you wish to know more about applying for settlement or leave to remain, you should seek legal advice from expert UK Immigration Solicitors regulated by the Solicitors Regulation Authority to ensure that you know your options and how you can proceed to the next steps. Feel free to [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options. --- # Strict UK Immigration Rules Deterring Foreign Entrepreneurs Source: https://immigrationandvisasolicitors.co.uk/strict-uk-immigration-rules-deterring-foreign-entrepreneurs/ *The former head of Pizza Express Luke Johnson, who also founded the Centre for Entrepreneurs, has today stated that foreign entrepreneurs contribute to the British economy and create jobs in the UK. Luke Johnson’s comments come after the launch of Global Entrepreneurship Week which runs from today and lasts until 24 November 2013. The launch event has featured Luke Johnson, an entrepreneur himself and Vince Cable the Secretary of State for Business, Innovation and Skills and intends to attract global talent to encourage them to invest in businesses in the UK.* ## Luke Johnson: Entrepreneur Immigrants “Punch above their Weight” In 1993, Luke Johnson took control of Pizza Express and expanded the brand’s chain of restaurants from just 25 to more than 250. Johnson is the founder of the Centre for Entrepreneurs and believes that entrepreneurs are essential for renewed economic growth in the UK. Speaking to the[ Huffington Post](http://www.huffingtonpost.co.uk/2013/11/19/immigration-uk_n_4296452.html), he warned that the government's tough immigration controls risked deterring foreign talent from coming to the Britain.  Johnson stated: > “Although [these] entrepreneur immigrants are relatively small who come here and settle, they actually punch above their weight in terms of economic importance.” In September this year, [we reported](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/research-shows-eu-immigration-contributes-60bn-uk-economy/) that research from the Centre for Economics and Business Research found that migrant workers are more likely to be in work (63.3%) than UK-born citizens (56.2%) as well as more economically active (at 69.8%) than UK-born citizens (63%). ## Global Entrepreneurship Week: Event for Global Entrepreneurs GEW event has been described as the largest celebration of the innovators and job creators, who launch start-ups that bring ideas to life, drive economic growth and expand human welfare. The event launched today at Westminster Kingsway College, London and hopes to attract both UK and global talent. Speaking about the event, Andrew Devenport, the Chief Executive of Youth Business International, [stated](https://web.archive.org/web/20140409041311/http://www.is4profit.com:80/small-business-news/20131118-uk-entrepreneurs-ready-for-growth.html): > “It’s encouraging to know that there is light at the end of the tunnel for UK entrepreneurship, with one in two business owners expecting their revenue to rocket in the next few years, higher than the overall global average. And this trend extends to the experiences we have seen across our global network too, with Australia, Barbados and Canada all predicting success and growth to a similar degree. Global Entrepreneurship Week is the perfect time to make the most of this renewed enthusiasm. It engages entrepreneurs from all walks of life to swap experiences build their networks and replicate successful business models”. ## Successful Tier 1 Entrepreneur & Investor Visa Applications Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Entrepreneur visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # UK Immigration: Mark Harper Vows Immigrant Spot Checks are to Continue Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-mark-harper-vows-immigrant-spot-checks-continue/ *In [media reports today](http://www.dailymail.co.uk/news/article-2510277/Immigration-checks-tube-train-stations-halted-despite-allegations-racial-profiling.html), the Immigration Minister Mark Harper has stated that controversial spot checks at railway stations and underground stations will continue. In August this year we reported that the Home Office took to Twitter to highlight the arrest of 139 people suspected of being illegal immigrants, which sparked backlash from critics and Britain’s equality watchdog. The campaign against immigration violators was criticised in the media for unlawfully discriminating against members of the public and saw them being detained at workplaces and tube stations. Mark Harper has now defended this tactic and said that the campaign was successful and would continue.* ## Immigration Minister Mark Harper: Vows to Continue Spot Checks  ministers have vowed to [continue immigration checks](http://www.bbc.co.uk/news/uk-politics-24987927) at Tube and train stations, despite allegations of ‘racial profiling.’ Mark Harper defended the operations which took place in August and stated they were part of an effort to encourage migrants with no right to be in the UK to return home. Speaking to the World at One on BBC Radio 4 he stated: > “Yes, there will be more of them. We base these operations on intelligence, so where we have cause to think we are going to be successful in targeting people who have no right to be in the UK, not based on racial profiling, they’re based on intelligence and on behaviour of individuals.” ## Deporting Foreign Nationals with ‘no right to be in the UK’ Under UK immigration law, if a deportation order has been made against a foreign national, it not only authorises their removal but also renders them liable to be held in custody until they are removed.  The general presumption is that the deportation order is in the interests of the public good and that this consideration will outweigh all other factors – unless his deportation would breach his human rights. It is understandable that a person living in the UK with no immigration status may have been here for many years such as if they were brought to the UK as a child. During this time, they may have adopted the culture and built strong relationships with settled persons. They may even have a family in the UK and as a result of many years living away from their home country may have severed ties. In these situations, these persons should seek legal advice on making their stay in the UK permanent legally. ## Legal Advice for Illegal Migrants in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # Failed Asylum Seeker Isa Muazu Loses UK Immigration Appeal Bid Source: https://immigrationandvisasolicitors.co.uk/failed-asylum-seeker-isa-muazu-loses-uk-immigration-appeal-bid/ *Isa Muazu, the 45 year old Nigerian national who has been fighting to regularise his stay in the UK, has failed to win temporary freedom pending his appeal court challenge to being held in an immigration detention centre. Isa Muazu came to the [attention of the media](http://www.channel4.com/news/hunger-strike-protest-court-nigeria-isa-muazu) in September this year after his asylum case was rejected and began his hunger strike going without food for 90 days. Isa Muazu believes his asylum claim was not considered fairly by the Home Office.* ## Isa Muazu: Refusal of Leave to Remain & Asylum Applications Isa Muazu arrived in the UK from Nigeria in July 2007 but then overstayed once this expired as he was afraid to return to his home country. He was detained by the authorities on 25 July 2013 when his application for leave to remain in the UK was refused. At this stage he claimed asylum saying that members of the hardline Islamist group Boko Haram had threatened to kill him unless he joined them. He claimed that two members of his family had already been killed. His asylum application was subsequently refused. Yesterday, three judges in the High Court unanimously ordered an urgent hearing of Isa’s case which will take place on Monday. They have however, refused to direct his release from Harmondsworth immigration removal centre near Heathrow until the hearing despite his legal representatives stating he is close to death and would consent to medical treatment in hospital if released on bail. ## 2013 Statistics from Detention Action: 99% of ‘Fast Track’ Applications Refused Isa Muazu’s asylum application was refused a few days after he submitted his claim. According to research conducted by Detention Action, 99% of people on “fast track” asylum applications are failed. Often there is no time for applicants to get evidence from their home country because they are only given a few days to appeal the first decision. [Ellie Mae O’Hagen, writer for The Guardian](http://www.theguardian.com/commentisfree/2013/nov/20/asylum-seeker-human-beings-dying-muazu-hunger-strike), believes that immigration has always been a “thorny issue politically” and that “successive government’s have ratcheted up the tensions in order to win easy points at the electorate.” She is of the view that: > “…we seem to be in  a position where any public figure who says something in defence of immigrants is accused of failing to understand the concerns of ordinary people, concerns that were preyed upon and magnified by politicians in the first place.” ## Legal Advice for Illegal Migrants in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # Tier 4 UK Sponsors: Confusion over New Home Office Guidelines Source: https://immigrationandvisasolicitors.co.uk/tier-4-uk-sponsors-confusion-new-home-office-guidelines/ *Last month, the Home Office published new immigration policy guidance for UK Education Providers with the intention of closing loopholes in the student visa system. The new rules have now been [criticised](http://www.telegraph.co.uk/education/educationnews/10468898/Top-schools-forced-to-consider-passport-checks-amid-immigration-rule-chaos.html) by Tier 4 Education Sponsors and by the Independent Schools Council as being unclear and causing confusion over whether schools should consider mass passport checks of thousands of British pupils to prove that they are not illegal immigrants. Up to 650 leading independent schools have been affected by the guidance and have been warned that they could lose their sponsorship licence if they do not adhere to their new legal responsibilities.* ## New Home Office Guidance: Top Schools Forced to Consider Mass Passport Checks Until last month, any school or college which acted as a UK Sponsor on visa applications for overseas students had a legal requirement to show that they had taken ‘reasonable steps’ to vouch for them. This was done by checking overseas student’s passports to see if they had permission to study in the UK. However, last month the Home Office published guidance which has now changed the wording of the requirement to “every student” in schools which are licenced to act as sponsors. The guidance states: > “In addition to your duties as a Tier 4 Sponsor, you are expected to contribute to supporting immigration control. In particular, you must take reasonable steps to ensure that every student at your institution has permission to be in the UK. Failure to do this may lead to the revocation of your licence.” ## Independent Schools Council Lobbying Home Office to Publish Clear Guidance The Independent Schools Council (ICS) which represent over 1,200 independent schools in the UK and overseas, has been lobbying the Home Office to clarify the issues and hopes to have new guidance agreed in the next month. In the meantime, the ICS has written to its members explaining their new legal responsibilities and the failure to comply with their duties. Chief Executive of the ISC, Matthew Burgess stated that he did not believe that the Home Office required schools to undertake mass passport checks but he understood if schools did so: > “The message we are trying to get out, possibly unsuccessfully, is that we are in active dialogue with the Home Office to work through this but at the end of the day it is their [schools] licence, it is their risk and if that is the approach they want to take I can completely understand that.” ## Legal Advice for Tier 4 Education Providers It is imperative that Tier 4 Sponsors comply with their sponsor duties as failure to do so will lead to the Home Office revoking your sponsorship licence, suspend your licence pending further investigation or reduce the number of CAS you are allowed to assign. If the Home Office has issued you with any of the above penalties, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with expert legal advice on how to proceed. --- # European Commission: Bulgarian & Romanian Migrants Help Economy Source: https://immigrationandvisasolicitors.co.uk/european-commission-bulgarian-romanian-migrants-help-economy/ *In September this year, we reported on how recent media coverage on fears of the “sharp rise” in numbers of Bulgarians and Romanians coming to the UK were unfounded. As the new year approaches and EU restrictions are removed so that nationals of Bulgaria and Romania are given free movement to the UK, the media has begun reporting of the public’s concern over the “sudden influx” of Bulgarian and Romanian nationals arriving in the UK for the purposes of living and working. This coupled with the Tories benefits plans for these migrants has led the European Commission to claim that Romanian and Bulgarian nationals moving to Britain will help the economy.* ## Romanian & Bulgarian: No Visa Restrictions In 1 January 2007, Romania and Bulgaria became member states of the European Union giving their nationals the right to not only enter and remain in the UK without a visa but also to work freely, providing they have an accession worker card. Romanian and Bulgarian nationals wanting to work in the UK will need to obtain authorisation to work before starting any employment unless they are exempt from doing so. In 2014, EU restrictions are set to be removed, allowing nationals of Bulgaria and Romania free movement to the UK. Despite these countries joining the EU in 2007, restrictions were put on the number who could move to the UK.  However, these restrictions will be abolished in 2014, thus given rise to the question of whether there will be a sudden influx of Bulgarian and Romanian nationals arriving in the UK for the purposes of living and working. ## European Commission: Young EU Migrant’s Beneficial to Economy The [European Commission said](http://www.telegraph.co.uk/news/uknews/immigration/10474186/Bulgarian-and-Romanian-migrants-will-help-economy.html) in a report that immigrants to Britain from EU countries paid far more tax than they received in benefits so they were therefore an economic bonus. The Commission shares the opinion of many independent economists who believe that migrant workers tend to be young and active and generally contribute more in taxes than they cost in public services. In addition they bring with them many valuable skills. The Commission’s comments come after David Cameron intends to defy European law by restricting benefits to migrants from Bulgaria, Romania and other European countries. Titus Corlatena, Romania’s Foreign Minister has [told Channel 5 News](http://www.telegraph.co.uk/news/uknews/immigration/10472424/Half-of-Britons-think-Romanians-and-Bulgarians-should-not-be-allowed-to-live-or-work-in-UK.html) that he did not expect a “flood” of migrants from his country to come to Britain in the new year and attacked the way the immigration debate had been conducted in the UK.  He called on Prime Minister David Cameron to reject “in clear terms if it’s possible the xenophobic and populistic and once again sometimes racist attitudes which are promoted by some other British politicians. ## Successfully applying for an Work Permit & Accession Worker Card UK employers wishing to hire Bulgarian and Romanian nationals must currently apply for a work permit. If this is approved, nationals from these countries must apply for an accession worker card.  Bulgarian and Romanian nationals and their family members who are considering moving to the UK, should seek legal advice from expert UK Immigration Lawyers regulated by the Solicitors Regulation Authority to ensure that they know their options and how they can proceed to the next steps. Feel free to [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of visiting or settling in the UK. --- # UK Immigration: Visa Routes for High Net Worth (Economic) Migrants Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-visa-routes-high-net-worth-economic-migrants/ *The UK is a global leader in business, financial services, science, engineering and a cultural centre for the arts. The Home Office adopts a welcoming stance towards ‘high net worth’ applicants as they recognise that attracting the brightest and the best migrants is integral to upholding this position and safeguarding the UK’s future growth prospects. The current government believes that after years of controlled migration, they have now created a more selective immigration system that keeps out those intending to exploit the system while welcoming the brightest and best. Here, we explore some of the routes available for high net worth migrants to the UK.* ## Tier 1 Entrepreneur Visas The UK Tier 1 Entrepreneur route is open to individuals who wish to invest in the UK by setting up or taking over and being actively involved in the running of one or more businesses in the UK. The route is open to entrepreneurs with at least £50,000 in capital from a registered venture capital firm, seed funding competition or government department or £200,000 of personal wealth which can include third party backing. [Home Office figures](http://www.migrationwatchuk.co.uk/briefingPaper/document/299) show that in the last 12 months there were 973 Entrepreneur visas granted and a further 1,323 dependents. There were 2,290 in country extensions of this type of visa and a further 1,181 dependent extension visas. ## Tier 1 Investor Visas The UK Tier 1 Investor route is open to individuals who wish to make a considerable financial investment in the UK. The route has become attractive due to the fact that the applicant does not need to show evidence of maintenance nor demonstrate that they meet the English language requirements. Usefully, there is no “cap” on Investor visa numbers which allows any number of individuals to apply to enter or leave to remain in the UK. Home Office figures show that in the last 12 months there were 530 Investor visas granted and a further 1,038 dependents. There were also 373 in country extensions and 429 dependent extensions. ## Tier 1 Exceptional Talent Visas The UK exceptional talent visa route is for exceptionally talented migrants in the fields of science, humanities, engineering and the arts, who wish to work in the UK. These individuals are those who are already internationally recognised at the highest level as world leaders in their particular field or who have already demonstrated exceptional promise in the fields of science, humanities and engineering and are likely to become world leaders in their particular area. Home Office figures show that in the last 12 months (to the year ending June 2013) there were 59 Exceptional Talent visas issued together with 35 dependent visas. ## Successful Tier 1 Visa Applications for High Net Worth Migrants Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Investor Visa application](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/), [Tier 1 Entrepreneur Visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) or [Tier 1 Exceptional Talent Visa application](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) step by step and limit the possibility of failure by complying with the strict letter of the law. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # New ONS UK Immigration Statistics Show Increase in Net Migration to UK Source: https://immigrationandvisasolicitors.co.uk/new-ons-uk-immigration-statistics-show-increase-net-migration-uk/ *[Figures released today by the Office for National Statistics (ONS)](http://www.ons.gov.uk/ons/dcp171778_335330.pdf) disclosed that net migration – the difference between the number of people emigrating and the number of immigrants arriving in the UK was 182,000 in year ending June 2013. This is up from 167,000 in the previous 12 months. It seems that the increase was driven by a drop in the number of migrants leaving Britain as emigration fell to its lowest level since 2001.The figures will come as a blow for the current coalition government who have been trying to reduce net migration to the “tens of thousands”.* ## Rise in Net Migration: What the Figures Show The ONS’ official statistics reveal that: - 503,000 people immigrated to the UK in the year ending June 2013, compared to the 517,000 who immigrated during the previous year; - Emigration is at its lowest level since 2001. In the year ending June 2013, 320,000 emigrants left the UK which is lower than the 349,000 people who emigrated during the previous year. The fall in emigration is driving an increase in net migration; - Immigration of non-EU citizens saw a statistically significant decrease to 242,000 in the year ending June 2013 from 282,000 the previous year; - 202,000 people arrived for work in the year ending June 2013, now once again the most common reason for immigration, overtaking formal study for the first time since 2009; and - 176,000 people arrived for study. ## Most Immigrants to UK come from China to Live & Work ONS’ figures have revealed that 1.9 million visitor visas were issued in the year ending September 2013, 15% more (+256,367) than the previous year. Statistics show that increases were seen in visitor visas issued to Chinese (+80,755), Russian (+37,405), Kuwaiti (+23,507), Indian (+20,749) and Saudi Arabian (+18,030) nationals. The rise in the number of Chinese migrants to the UK is due to an increase in the number of students coming from China to study in the UK. This is a sharp contrast to the number of Indian students coming to the UK. This is despite David Cameron visiting India twice in the last 12 months with the intention of encouraging students that his government was not trying to restrict their access to the UK. ## Increase of Immigration from European Union (EU) Statistics show that 183,000 EU citizens immigrated in the year ending June 2013, not a statistically significant change from the estimate of 158,000 for the previous year. Interestingly, there was a "statistically significant" increase in citizens arriving for work-related reasons from the so-called EU15, which includes Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain and Sweden. These figures follow the news that Prime Minister David Cameron wants to make it harder for EU migrants to access the UK’s welfare system and tackle “benefit tourism” in Britain. The Prime Minister has expressed that he wants to change the law so that new EU migrants would have to wait three months before they could access unemployment benefits. --- # Hunger Striker Isa Muazu Deported from UK after Failed Asylum Bid Source: https://immigrationandvisasolicitors.co.uk/hunger-striker-isa-muazu-deported-uk-failed-asylum-bid/ *[We recently reported](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/failed-asylum-seeker-isa-muazu-loses-uk-immigration-appeal-bid/) the case of Isa Muazu, the 45 year old Nigerian national who had been fighting to regularise his stay in the UK after failing his asylum bid in July this year. Isa Muazu had claimed asylum on the basis that members of the hardline Islamist group Boko Haram had threatened to kill him unless he joined them and had already killed two members of his family. It has now been [confirmed by the Home Office](http://www.theguardian.com/uk-news/2013/nov/29/failed-asylum-seeker-deported-hunger-strike-ifa-muaza) that Isa Muazu, who had been on a hunger strike for 100 days has now been deported from Britain.* ## Lord Roberts: Theresa May Deported Isa Muazu “to make political point” For the past 100 days and at the time he was deported, Isa Muazu had not eaten and could no longer stand or see as he feared he was going to be targeted by the Islamist group Boko Haram if he returned to Nigeria. It seems that the Home Office ignored concerns around his health and forcibly removed him this morning. On Wednesday, Lord Roberts of Llandudno met with Home Secretary Theresa May and asked her to show mercy for Isa Muazu. He has now [launched an attack](https://web.archive.org/web/20201111213535/https://www.politics.co.uk/news/2013/11/29/man-arrested-as-supporters-try-to-prevent-isa-muazu-deportat) on the Home Secretary stating: “Isa Muazu’s removal from the UK and potential death on a flight or upon arrival in Nigeria is not only a tragedy but an end to the UK’s reputation as a country with humane, civilised, just policies and government.” ## Latest ONS Statistics on UK Asylum Applications As reported yesterday, the Office for National Statistics has released its latest figures which show that net migration to the UK has increased. Figures show that the number of applications for asylum, excluding dependents was 5% higher in 2013 (6,078) compared with 2012 (5,812). However, the number of applications remains low relative to the peak number of applications in 2002 (84,132) and similar levels seen since 2006. It is interesting to note that in the year ending September 2013, the largest number of applications for asylum were from nationals of Pakistan (3,460), followed by Iran (2,632) and Sri Lanka (1,836). ## Legal Advice for Illegal Migrants in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Government told to Reduce Costs of UK Visas for Chinese Visitors Source: https://immigrationandvisasolicitors.co.uk/uk-government-told-reduce-costs-uk-visas-chinese-visitors/ *[Several business groups](http://www.telegraph.co.uk/finance/newsbysector/retailandconsumer/leisure/10486210/Price-match-plea-for-Chinese-visas.html), including the UK China Visa Alliance and the Airport Operator’s Association (AOA) have suggested to the UK Government that visas for Chinese visitors to the UK should be reduced to the same price as a European Schengen visa. The idea suggested to the new No 10 Policy Board comes ahead of a planned brainstorming session today with the Prime Minister to discuss how the UK can better compete with international rivals in the ‘global race’.* ## Simplifying UK Visa Process for Chinese Visitors Is the trade association which represents the interests of UK airports and the principal body which engages with the UK Government and regulatory authorities on airport matters. AOA have made the following recommendations to the No 10 Policy Board: - Simplify the process by which Chinese visitors to the UK are granted a visa including by working with European partners to set up a ‘one-stop’ shop for biometrics data and visa applications; - Reduce the cost of a UK visa so that it is the same level as a Schengen visa; and - Reduce Air Passenger Duty. ## Reduce Costs for UK Visas to Same Price as Schengen Visas There are concerns that Britain is losing out to rival economies which are part of Schengen. Schengen visas offer entry to 26 countries in Europe, excluding Britain. [Darren Caplan, CEO of AOA stated:](http://www.aoa.org.uk/aviation-news/airport-operators-association-action-on-visas,-air-passenger-duty-and-aviation-capacity-will-help-uk-succeed-in-global-race/) > “…we believe there are steps Ministers can take to make the UK a more welcoming destination for overseas visitors who need a visa, including for example, business people, tourists, students and skilled workers from China, each of whom spend on average over £1,600 when they come here. This would provide a much needed boost to the domestic economy, and involves straightforward actions.” ## Most Immigrants to UK come from China to Live & Work Latest figures revealed by  the Office for National Statistics show that 1.9 million visitor visas were issued in the year ending September 2013, 15% more (+256,367) than the previous year. Statistics show that increases were seen in visitor visas issued to Chinese (+80,755)**** The rise in the number of Chinese migrants to the UK can be attributed to an increase in the number of students coming from China to study in the UK. This is a sharp contrast to the number of Indian students coming to the UK. ## Successful Visa Applications for High Net Worth Migrants Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Investor Visa application](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) or [Tier 1 Entrepreneur Visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also provide expert legal advice on UK Visitor's Visas. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # EU Citizenship for Sale: Malta’s Individual Investor Programme Source: https://immigrationandvisasolicitors.co.uk/eu-citizenship-sale-maltas-individual-investor-programme/ *Leading UK legal publisher, [LexisNexis' LexisPSL](https://www.lexisnexis.com/uk/lexispsl/pslhome) interviewed our Immigration Team and published an article on 'whether Malta could set a trend for selling EU citizenship?' * *M Ali Akram, principal of LexLaw Solicitors and Advocates, and Aisha Choudhry, immigration solicitor at LexLaw, commented on the Maltese Citizenship Act 2013 and the ‘Individual Investor Programme’ (**[as we reported last month](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/eu-immigration-malta-passes-bill-to-sell-passports-for-e650000/)). * ## Maltese Individual Investor Programme: Attracting Wealthy Foreigners In November this year, Malta’s parliament introduced amendments to the Maltese Citizenship Act 2013 which made it possible for the Minister responsible for citizenship to assign citizenship by naturalisation to a person and his or her dependents (i.e. spouse and children) who made a financial contribution to the Individual Investor Programme.  The scheme would be targeted at wealthy citizens from countries such as Russia, China and the Middle East who would be able to enjoy rights of free movement and have the right to vote in elections for the European Parliament. Furhermore, Maltese citizens are able to benefit from the Schengen visa scheme which allows entry into 22 EU states and 2 non EU states without requiring prior entry clearance or visa. An individual who contributes to the Individual Investor Scheme would therefore be able to enjoy the benefits in the same way as any other Maltese citizen. ## Maltese Government Hopes to Raise International Profile At the time of approving the Individual Investor Programme, Prime Minister Joseph Muscat stated that the scheme was expected to attract up to 300 people a year and earn the government €30 million in much needed revenue. The reason for Malta’s rather more welcoming attitude to wealthy foreigners can be seen as largely financial and the Maltese government hopes to raise the small island’s international profile by attracting celebrities and sports stars. ## UK Government's Tier 1 Investor & Entrepreneur Visa Routes Malta is not the first country to offer this scheme; the UK is another EU member state which recognises the need to attract high net worth individuals and offers a Tier 1 Entrepreneur visa and Tier 1 Investor visa routes. These visa routes attract wealthy investors as residency permits for non-EU citizens are more easily available. It is also believed by the UK government that wealthy foreigners are essential for renewed economic growth in the UK. ## Successful Visa Applications for High Net Worth Migrants Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Investor Visa application](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) or [Tier 1 Entrepreneur Visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also provide expert legal advice on UK Visitor's Visas. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # Maltese Government to Sell EU Citizenship to High Net Worth Migrants Source: https://immigrationandvisasolicitors.co.uk/maltese-government-sell-eu-citizenship-high-net-worth-migrants/ *Leading UK legal publisher, [LexisNexis' LexisPSL](https://www.lexisnexis.com/uk/lexispsl/pslhome) interviewed our High Net Worth Immigration Team for an article on 'whether Malta could set a trend for selling EU citizenship?' **We commented on the Maltese Citizenship Act 2013 and the ‘Individual Investor Programme’ by which **the Maltese government were 'selling' EU passports for **€650,**000 (£546,000). Participants would be given Maltese and EU work and residency rights in the rest of the 28 member EU bloc.*  ## Maltese Parliament's Proposal to Sell EU Citizenship Malta's parliament approved a plan to sell citizenship of the island for  EUR 650,000 for each non-European Union applicant on 12 November. Prime Minister Joseph Muscat said the programme was meant to bring in revenue to the country and would earn the government  EUR 30m in its first year. The passports would also give applicants work and residency rights in the rest of the 28-member EU bloc. However plans have now been put on hold indefinitely, following a massive international and national outcry, until terms can be agreed. ## Not the First Country to Sell EU Citizenship Malta's policy of selling citizenship to foreign investors is not unprecedented. The Maltese government is following the example of a number of other EU member states who have similar policies which effectively market and sell EU citizenship: - the UK offers the Tier 1 Investor and Entrepreneur visa to attract high net worth individuals to invest in the UK - Portugal recently introduced a scheme in which individuals can obtain Portuguese citizenship by investing either  EUR 1m in financial assets over five years or  EUR 500,000 in property or by creating ten jobs - the Republic of Ireland has a scheme in which Irish citizenship is granted to individuals investing at least  EUR 500,000 in the Irish economy - Cyprus offers citizenship to individuals investing  EUR 5m in Cypriot property or depositing  EUR 3m in a Cypriot bank - Spain is currently offering citizenship to investors in return for an investment of as little as  EUR 160,000 (approximately £133,500) in order to revive its flagging property sector. - Austria offers citizenship to individuals 'rendering exceptional services in the interest of the Republic' - several non-EU countries, such as Dominica and St. Kitts and Nevis have long enacted similar policies The Tier 1 investor visa offered by the UK is regarded as the leading option for non-EU high net worth investors seeking to obtain the benefits of UK and EU citizenship. We advise high net worth clients on the UK's Tier 1 investor scheme in which individuals who invest millions in the UK can obtain British citizenship as early as three years under a fast track route. Investors should consider very carefully the country in which they decide to invest because (as demonstrated by the recent Cypriot financial crisis) some economies are more stable and secure than others for foreign investors. ## Maltese Citizenship for Non-EEA Nationals (High Net Worth Individuals) The Maltese government has recently passed the Maltese Citizenship Act 2013, which allows individuals seeking Maltese citizenship to apply for a Certificate of Naturalisation by contributing to an 'individual investor programme'. ## Requirements for Obtaining Maltese Citizenship Under the terms of this programme, applicants need to invest  EUR 650,000 into the Maltese economy, of which  EUR 10,000 will be a non-refundable deposit. Furthermore, applicants will also need to provide deposits of  EUR 25,000 each for spouses and individual children below 18 years of age, and deposits of  EUR 50,000 each for dependent parents aged 55 or over and unmarried children aged between 18 and 25. ## Benefits of EU Citizenship for High Net Worth Migrants  Due to Malta's membership of the EU in 2004, Maltese citizens are EU citizens thereby enjoy the right to enter, study and work freely in other EU member states, as well as the right to vote or stand as a candidate both in elections to the European Parliament and in municipal elections in the EU member state in which they reside. Furthermore, Maltese citizens are able to benefit from the Schengen visa, which allows entry into twenty-five other European countries without requiring prior entry clearance or visa. Malta also has a visa waiver agreement with the USA, as a result of which Maltese citizens can enjoy the right to enter the USA as visitors. An individual purchasing Maltese citizenship would therefore be able to enjoy these benefits in the same way as any other Maltese citizen. ## Wealthy Foreign Nationals Can Keep Dual Citizenship Dual citizenship was heavily restricted under Maltese law from independence in 1964 until 2000, when all such restrictions were removed. Any individual who purchases Maltese citizenship would therefore not be required to terminate their previous citizenship. ## Concerns & Criticisms of Malta's Immigration Policy The policy has attracted a lot of controversy in Malta where many nationalists have viewed this as an insult to the country. The Nationalist Party (who are the main opposition party) have warned that such a policy leads to Malta being compared to offshore tax haven island countries such as those typically in the Caribbean. An anti-migration demonstration was planned outside the Maltese Houses of Parliament in Valletta but was declared illegal by the Maltese Police and subsequently cancelled. --- # Latest Report by Immigration Watchdog Criticises UK Home Office Source: https://immigrationandvisasolicitors.co.uk/latest-report-immigration-watchdog-criticises-uk-home-office/ *The Independent Chief Inspector of Borders and Immigration, John Vine CBE QPM, has today published two reports on his findings after his inspections of a visa section in [Dhaka, Bangladesh ](http://icinspector.independent.gov.uk/wp-content/uploads/2013/12/An-Inspection-of-the-Dhaka-Visa-Section.pdf)and [Warsaw, Poland](http://icinspector.independent.gov.uk/wp-content/uploads/2013/12/An-Inspection-of-Decison-Making-Quality-in-the-Warsaw-Visa-Section.pdf). The Chief Inspector found that although the Home Office was providing a good level of service to visa applicants in these areas, there were still problems with the decision making in a large number of cases inspected.* ## Home Office Inspection by UK Borders & Immigration Watchdog The Borders and Immigration Watchdog provides independent scrutiny of the UK’s border and immigration functions with the aim of improving their efficiency and effectiveness. John Vine, conducted an investigation into a visa section in Dhaka from April-July 2013 and the Home Office’s handling of four separate visa categories; Family Visitor, Other Visitor, Settlement and Tier 4. He was disappointed to find that issues which had been previously reported in visa inspection reports were still being raised. ## John Vine: Poor Quality of UK Visa Decision Making in Dhaka, Bangladesh The report on the visa section in Dhaka revealed that the Home Office was not retaining relevant supporting documentation or recording clear grounds for visa application decisions. John Vine identified problems with half of the cases examined (166 out of 325 cases). He found that the quality of decision making was generally poor with refusal notices often containing unclear reasoning or demonstrating that the Entry Clearance Officer had misinterpreted positive evidence submitted by applicants. He was disappointed to find that these were problems which were identified in previous visa inspection reports and had still not been addressed. John Vine stated: > “It is unacceptable that we continue to encounter the same issues, especially as the former Agency had issued updated guidance on a number of occasions in an attempt to rectify these failings.” He also found that the Dhaka visa section was failing to meet its customer service targets in relation to settlement visa applications primarily due to the significant increase in settlement applications which occurred just prior to a change in the Immigration Rules in July 2012. This was also due to the fact that staff had difficulty in applying the guidance on the minimum income requirements ## Standard of UK Visa Decision Making in Warsaw is a “Serious Concern” John Vine’s report on the visa section in Warsaw, Poland found that although visa applications were processed in a timely manner, the decision to refuse the visa could not be maintained in 12% of cases in his file sample due to “serious flaws in the manner in which it had been taken”. In a further 24% of the cases, it was found that there were issues with the quality of decision making indicating a lack of attention to detail on the part of the Entry Clearance Officer. This issue causes serious concern as applicants in this visa category have only a limited right of appeal against a refusal. --- # UK PM David Cameron: Tier 1 Exceptional Talent Visas to be Extended Source: https://immigrationandvisasolicitors.co.uk/uk-pm-david-cameron-tier-1-exceptional-talent-visas-extended/ *As Tech City celebrates its third anniversary, Prime Minister David Cameron announced that overseas technology experts are to be given fast tracked visas to enable them to work in the UK. David Cameron intends to announce £15.6million of additional funding for technology start-ups as well as fast tracked visas designed to attract international talent to the UK’s digital sector. Tech City, a government-backed body that promotes technology companies across London, will begin working with the Home Office so that recognized professionals can travel to the UK under the Tier 1 Exceptional Talent visa route.* ## Tier 1 Exceptional Talent Route Extended Currently, the Tier 1 Exceptional Talent visa route is only open to exceptionally talented migrants in the fields of science, humanities, engineering and the arts, who wish to work in the UK. These individuals are those who are already internationally recognised at the highest level as world leaders in their particular field or who have already demonstrated exceptional promise in these fields and are likely to become world leaders in their particular area. David Cameron’s announcement means that visas for this category will be extended and from next April those with a strong record within the digital industry can apply to come to the UK under the Tier 1 Exceptional Talent visa route. The scheme is designed to make it easier for outstanding individuals in the technology sector to get a work visa in the UK. It is not yet known how many slots will be allocated to Tech City but the pathway will be open from April 2014. ## David Cameron: Exceptional Talent Route For “World’s Best” The [Prime Minister believes](http://www.independent.co.uk/life-style/gadgets-and-tech/david-cameron-relaxes-visa-restrictions-for-tech-talent-8988148.html) that the Tier 1 Exceptional Talent visa route will help to “make Britain the best place in the world in which to start and grow a business.” > “Today, Tech City serves not only as an example of how a city can be transformed into an engine for growth and innovation, but it is also a blueprint for fostering growth that has been recognised globally.” David Cameron also stated: > “The combination of the right policies, the right people and the right programmes, backed by Government that listens and takes action, has led to some of the world’s best entrepreneurs and their companies choosing the UK as their home.” ## Successful Tier 1 (Exceptional Talent) Visa Applications If you are interested in applying under this route, our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 (Exceptional Talent)](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) visa application. From our experience, we have found that the UK Border Agency are very strict when deciding applications under this route so if you consider yourself as having exceptional talent, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to arrange a consultation in which we will guide you through the process. --- # UK Government’s Contract with Capita to Find “Illegal Migrants” Source: https://immigrationandvisasolicitors.co.uk/uk-governments-contract-capita-find-illegal-migrants/ *Last week, the [UK government revealed](https://www.gov.uk/government/publications/number-of-individuals-departing-the-uk-as-a-result-of-capita-contact/number-of-individuals-departing-the-uk-as-a-result-of-capita-contact) that since the beginning of the Capita Contact Management Service, 4,160 persons have departed the UK as a result of Capita Contact. In September 2012, Capita Business Services were awarded a contract with the UK Border Agency to provide a range of “contact management and caseworking services.” This in effect meant that they were hired to help find and remove more than 150,000 migrants who had overstayed their visas. Capita has also previously been criticised for sending thousands of text messages to migrants in the UK, ordering them to “leave the country.”* ## Capita Hired by Home Office to Find Illegal Migrants in UK [Last year](http://www.bbc.co.uk/news/uk-politics-19637409), in a deal worth up to £40m, Capita were hired by the UK government to find 174,000 migrants who had been denied permission to stay in the UK and had gone missing in the UK. The existence of this backlog was revealed by the Chief Inspector of Immigration John Vine who discovered it during his first inspection of a local immigration team. It was reported in the media in January this year, that Capita had been provided with information from the Home Office which at times it admits was inaccurate. Among those contacted by text and email were a woman with a UK passport and man with a valid visa who had invested £1m in a UK business. ## Deporting Foreign Nationals with ‘no right to be in the UK’ Under UK immigration law, if a deportation order has been made against a foreign national, it not only authorises their removal but also renders them liable to be held in custody until they are removed.  The general presumption is that the deportation order is in the interests of the public good and that this consideration will outweigh all other factors – unless his deportation would breach his human rights. It is understandable that a person living in the UK with no immigration status may have been here for many years such as if they were brought to the UK as a child. During this time, they may have adopted the culture and built strong relationships with settled persons. They may even have a family in the UK and as a result of many years living away from their home country may have severed ties. In these situations, these persons should seek legal advice on making their stay in the UK permanent legally. ## Legal Advice for Illegal Migrants Contacted by Capita in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. If you have received correspondence from Capita, it is advisable that you seek immediate legal advice before enforcement action is taken against you by the Home Office. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Immigration: Government Relaxes UK Visa Conditions for Arabs Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-government-relaxes-uk-visa-conditions-arabs/ *From 1 January 2014, passport holders of Oman, Qatar and the United Arab Emirates (UAE), will be able to visit the UK for up to 6 months using an Electronic Visa Waiver (EVW). The introduction of the Home Office’s service will allow nationals from these three countries to apply for an EVW online and free of charge without having to go to a visa application centre or hand in passports prior to travel. The Electronic Visa Waiver, announced by UK Prime Minister David Cameron, can be obtained 48 hours before departure making the process of visiting the UK much easier.* ## UK Government Eases Visa Restrictions for Arabs The UK is the second most visited destination by residents of the UAE, with the number of visits doubling in the last 10 years. Visa applications from UAE are increasing year on year with statistics  showing that the number of visas issued in 2012 from the UAE is 30,148, an increase of 43% (from September 2012 to September 2013). The British ambassador to the UAE, Dominic Jermey [stated](http://www.thenews.com.pk/article-129756-Visa-free-travel-to-UK-for-Emiratis) that he is very pleased that the British government is enabling easier access to the UK for Emiratis.” He went on to say: >  “As you know, the UK is sometimes known as the ‘Eighth Emirate’. The UK and UAE share many close ties and our nationals are frequent visitors to each other’s shores. I look forward to welcoming many more Emiratis to the UK.” ## UK Government’s Electronic Visa Waiver The EVW document is only valid for a single entry to the UK on the date and time specified. The biographic details on the EVW must match exactly with the holder’s passport. For those who travel to the UK frequently, at short notice or may need to re-enter the UK as part of the same trip are advised to apply for a multi-entry visitor visa or longer-term visa as this offers more flexibility. ## Expert Immigration Legal Advice on EVW From 9 December 2013, applicants will be able to take advantage of the EVW service so that they can travel from 1 January 2014. Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a visa application. Our team also specialises in providing expert legal advice on visitor visas to the UK step by step and limit the possibility of failure by complying with the strict letter of the law. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # Home Office Mistakenly Publishes Personal Data of 1600 Migrants Online Source: https://immigrationandvisasolicitors.co.uk/uk-home-office-mistakenly-publishes-personal-data-1600-migrants-online/ *In a written statement to Parliament, the Immigration Minister for the UK, [Mark Harper has today revealed](https://web.archive.org/web/20160416221343/http://www.politics.co.uk/news/2013/12/12/red-faced-home-office-mistakenly-publishes-thousand-s-of-peo) that the names, date of birth and details of the immigration case type of migrants had been mistakenly published online by his staff. The Home Office has blamed the error on the government’s transparency agenda, which requires all departments to publish information about its work in an easily accessible format. Mark Harper identified the error two weeks after it was posted online and the personal information was removed.* ## Migrants Personal Data Published on UK Home Office Website It was revealed today that personal details of almost 1,598 migrants were available online in error between 15 October and 28 October 2013. The details were taken down by department officials when the mistake was identified. In a written statement to Parliament, Mark Harper stated: > “The Home Office contributes to [the transparency] agenda by regularly releasing information about its work, spend and outcomes in a publicly accessible and open format. Unfortunately, between 15 and 28 October 2013, some personal data was available on the Home Office website as part of the spreadsheet alongside the regular data set in error.” ## Keith Vaz “Appalled” at “Serious Breach of Personal Data” Fewer than 30 visits were made to the relevant webpage and the Home Office believes the risk to those whose personal information was accessible for the period is ‘low’. However, chair of the [Home Affairs Committee Keith Vaz said](http://www.dailymail.co.uk/news/article-2522676/Personal-details-1-600-illegal-immigrants-families-published-Home-Office-website-weeks-data-blunder.html) he was “appalled at this serious breach of personal data’ and stated that “this breach yet again raises serious questions about the department’s ability to function adequately.” ## Home Office to Conduct Internal Investigation of Breach The Home Office will be conducting an internal investigation into the behaviour of the Home Office and has informed the Information Commissioner’s Office of the error. Keith Vaz has recently reprimanded the Home Office for taking months to reply to the Home Affairs Committee’s correspondence and has stated that they will be seeking assurances from the Home Office that they are looking into their reporting systems. --- # New UK Immigration Rules on Surinder Singh Visa Route Source: https://immigrationandvisasolicitors.co.uk/new-uk-immigration-rules-surinder-singh-visa-route/ *On 3 December 2013, the UK government adopted the Immigration (European Economic Area) Amendment (No. 2) Regulations 2013 which amend Regulation 9 of the Immigration (EEA) Regulations. The new rules take effect on 1 January 2014 and affect use of the Surinder Singh route by a British citizen seeking to be reunited with a non-EEA family member. Here, we will explore the Surinder Singh visa route and explain what changes the UK government has now made.* ## Surinder Singh Visa Route for Family Members of British Citizens The Surinder Singh visa route is a way for dual nationals and UK citizens to secure UK immigration rights for their overseas family members, without the need to meet the requirements of visa restrictions. In the case of British citizens, it involves them living and working elsewhere in the EEA and the asserting the rights associated with EEA citizenship and free movement to gain access to the UK. In effect it means that by exercising your rights under European freedom of movement, your status as a European citizen takes priority over your status as a UK citizen and when you return to the UK after living and working in an EEA for 3 months, you are allowed to bring your non-EEA spouse without having to meet the £18,600 minimum earnings requirement which applies to Britons. ## Changes for Immigration Rules Affecting Surinder Singh Visa Applicants The Regulations affecting use of the Surinder Singh route by a British citizen seeking to be reunited with a non-EEA family member now read: > ‘Paragraph 5 of the Schedule replaces the existing regulation 9 of the 2006 Regulations to require a British citizen to have “transferred the centre of his or her life” to another member State in order to acquire a right of residence in the UK for his or her non-EEA family member seeking a right to reside in the UK upon their return. Factors relevant to whether the centre of a person’s life has been transferred to another member State include the period of residence in that member State, the location of that person’s principal residence, and the degree of integration. These changes are to ensure that a British citizen engages in genuine and effective use of the rights conferred by Directive 2004/38/EC before a right to reside in the United Kingdom is conferred on a non-EEA family member.’ ## What the Changes Mean for Surinder Singh Visa Applicants It is not yet fully clear what the implications of this change will be for British people seeking to use the route in order to be reunited with a non-EEA family member but it does signal that the route has been made difficult for migrants. Surinder Singh migrants will be required to demonstrate that the British citizen sponsor had “transferred the centre of his or her life” to another EEA country before they could benefit from free movement rights. ## Successful Surinder Singh Visa Applications If you are interested in applying under this route, our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a visa application. From our experience, we have found that the Home Office are very strict when deciding applications under this route so if you wish to apply, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to arrange a consultation in which we will guide you through the process. --- # UK Immigration: Nick Clegg Hits Out on Theresa May’s EU Migrant Cap Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-nick-clegg-hits-theresa-mays-eu-migrant-cap/ *The Sunday Times reported yesterday that a government report had been leaked which revealed that the number of people allowed to move to the UK from the European Union countries would be capped at 75,000. The report also suggested proposals to block EU migrants from claiming benefits or tax credits for their first five years in the UK. A furious coalition row has now erupted over these plans with Nick Clegg condemning it as “illegal and undeliverable.”* ## UK Government’s plans to Cut Net Migration from EU Countries [leaked government report](http://www.telegraph.co.uk/news/uknews/immigration/10519897/Theresa-Mays-EU-migrant-cap-is-one-eyed-and-illegal-Nick-Clegg-suggests.html) on the effect on Britain of the EU’s policy allowing free movement of people suggests a cap could cut net migration from EU countries by 30,000 from the current 106,000. The proposals would in effect mean that professionals and highly skilled migrants from countries such as Germany, Holland or Austria could move to the UK if they had a job offer. The review which was overseen by Home Secretary Theresa May, suggests that lower skilled workers would be allowed to settle if they had jobs on an approved list of occupations for which there was a national shortage. ## EU Cap is “Illegal”: Lib Dem Leader Nick Clegg [Nick Clegg has now accused](http://www.dailymail.co.uk/news/article-2524600/Nick-Clegg-warns-capping-immigration-EU-illegal-disaster.html) the Tories of trying to “pull up the drawbridge” to the rest of Europe, instead of concentrating on tracking who is entering and leaving the UK. A spokesman for Nick Clegg has described the leaked report as “one eyed”. There are concerns that any attempt to challenge free movement rules is likely to face resistance in Europe. The Deputy Prime Minister stated: > “My advice to the Home Office is to spend less time leaking policies that are illegal and undeliverable and spend more time delivering on the policies that we have agreed as a Coalition government.” ## European Commissioner Hits out against UK MP’s on Twitter Laslo Andor, the European Commissioner has recently hit out on comments about the lifting of restrictions on Bulgaria and Romania at the end of this month. He tweeted: > “Responsible politicians should avoid legitimising xenophobic reactions that indeed weaken the European spirit.” It remains to be seen what the repercussions would be for the government’s latest proposals. --- # UK Immigration: Appealing Tier 1 Refusal Decisions by the Home Office Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-appealing-tier-1-refusal-decisions-home-office/ *Our Immigration Team were recently instructed to represent a client, who was appealing the Home Office’s decision, to refuse him an extension for leave to remain under the Tier 1 (General) Migrant visa route of the Points Based System (PBS). In their decision, the Home Office formed the view that the Appellant obtained all the necessary points to qualify for leave to remain but refused the application on the basis of using ‘deception’ when making the application as they believed false documents had been submitted by the Appellant.* The First Tier Tribunal (Immigration and Asylum Chamber) held that the Home Office did not have any evidence to indicate that our client had used deliberate deception when submitting his application. The Learned Judge stated that the Appellant was "not involved in a deliberate deception and had relied on his representatives" to prepare and submit his visa application. Here, we will explore the court’s approach in cases where the Home Office alleges an applicant has used deception in their visa application. ## Home Office’s Stance on Use of Deception in UK Visa Applications Paragraph 320(7A) of the Immigration Rules allows the Home Office to refuse visa applications where an applicant has made false representations, submitted false documents and/or information. The fact whether the material submitted is relevant to the applicant’s case or whether the applicant had knowledge of the material is irrelevant. The Home Office’s guidance for its case workers states that the legal standard of proof is the “balance of probabilities” so it must be more likely than not that the falsehood has been used. This subjective test seems to cause confusion with case workers and as a result there are instances where applicants have had to appeal their refusal before an immigration judge. ## The Courts' Approach to Cases of Deception The Court takes the view that it is for the Home Office to prove to the necessary standard (i.e. balance of probabilities) that the appellant has used deception in his application. In **Adeyoyin v SSHD [2010] EWCA Civ 773**, the Court of Appeal held the word ‘false’ in ‘false representation’ and ‘false document’ in the Immigration Rules, meant ‘dishonest’ rather than ‘inaccurate’. It is therefore incumbent on the Home Office to prove the case to the requisite standard i.e. prove a representation, its falsity and the fact that it was made for the purpose of obtaining leave or an earlier variation. In cases where fraud is alleged, the standard of proof will have to be higher (**Khawaja v SSHD [1984] AC 74, Imm AR 139, HL**). ## Contact us for successful outcome to your Appeal Our team of experienced and professionally qualified solicitors and barristers (regulated by the Solicitor's Regulation Authority) will be able to guide you through the appeals process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529. --- # PM David Cameron Encourages Crackdown on Illegal Immigrants in UK Source: https://immigrationandvisasolicitors.co.uk/pm-david-cameron-encourages-crackdown-illegal-immigrants-uk/ *The [media has reported](https://web.archive.org/web/20140226155053/http://www.itv.com:80/news/update/2013-12-18/cameron-calls-for-crackdown-on-illegal-immigration/) today that, the UK’s Prime Minister David Cameron has accompanied the Home Office’s immigration officers on an immigration raid in West London. David Cameron visited a property allegedly occupied by illegal immigrants and commended the immigration officers’ on the arrests. The Prime Minister’s visit comes after he announced today that a rule forcing EU citizen’s to wait three months before being able to claim jobless benefits will take effect on 1 January 2014.* ## Home Office: Immigration Officers Raid on ‘Illegal Immigrants’ David Cameron visited the West London property today with the Home Office’s immigration enforcement team. Speaking after the immigration raid, David Cameron stated that his government was dealing with the “mess” the previous Labour government had left in relation to migrants in the country who had no right to live and work in the UK. The Prime Minister stated that although Brits have a welcoming attitude towards migrants, they would not want migrants who arrive in the UK and break the “rules”.  The Prime Minister also commented on EU migrants rights to claim benefits in the UK: > “There is a right to work and take another job in another European country but there shouldn’t be a right to go and just claim benefits. > > > So we’re putting that beyond doubt, to send a very clear signal that there’s no right to claim as you move around the European Union and I think it’s important to put that beyond doubt.” ## Curbs on Benefits for EEA Migrants in UK This morning, plans for curbs on the rights of migrants from the European Union to claim state benefits in Britain were rushed in as David Cameron tries to defuse a growing rebellion by some Conservative MPs. It seems that regulations will be rushed through Parliament so Romanians and Bulgarians who exercise their new right to come to the UK to work will not be able to draw such payments immediately. > “The hard-working British public are rightly concerned that migrants do not come here to exploit our public services and our benefits system. > > “As part of our long-term plan for the economy, we are taking direct action to fix the welfare and immigration systems so we end the ‘something for nothing culture’ and deliver for people who play by the rules.” ## Legal Advice for EEA Nationals & Overstayers Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a visa application step by step and limit the possibility of failure by complying with the strict letter of the law. If you believe that you do not have legal stay in the UK, please call us to discuss your case. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529. --- # UK Immigration Raids: Home Office Toughens Up on UK Businesses Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-raids-home-office-toughens-businesses/ *In news reports yesterday, Sukar Ali, the owner of the award winning Viceroy restaurant in Shaddongate, Carlisle hit out against the Home Office’s immigration officers raid of his business premises. After the immigration officers carried out checks on the immigration status of the staff members, they concluded that all staff working at the restaurant were in fact working there legally. Speaking in a media interview, Mr Ali revealed that his restaurant had been raided multiple times and that although he accepted the Home Office had a duty to check the credentials of foreign workers, he was "disgusted" by the manner in which the raid was carried out.* The Home Office’s immigration raids are beginning to become more common in recent news, with the Home Office toughening up on UK business owners who are employing migrants from outside the EEA. Here, we will consider what the Home Office expects from Tier 2 Sponsors and explore the penalties for not complying with their sponsorship duties. ## Immigration Officers Conduct Raids in Restaurants in Westfield The Viceroy was not the only restaurant raided by immigration officers. [On Monday](http://www.getwestlondon.co.uk/news/local-news/uk-border-agency-arrest-21-6416976), immigration officers from the Home Office conducted raids at nine restaurants in Westfield shopping centre in Shepherd’s Bush. They arrested a total of 21 immigrants allegedly working illegally in the UK from eateries including Yo Me Sushi, Nandos and Bamboo Basket. It seems that those arrested ranged in age from 21 to 44 years old and were nationals from countries including Pakistan, Bangladesh, Sri Lanka, Nepal and Nigeria. Speaking on the raids, a Home Office spokeswoman stated that immigration officers were carrying out “hundreds of operations” similar to this every year around London and fining employers who had hired illegal migrants, thereby highlighting the need for employers to ensure that their employees have the legal right to work in the UK either by virtue of their visa or by their Tier 2 work permits. ## Tier 2 UK Sponsor’s Duties & Objectives The main duties for a UK Tier 2 Sponsor include at least the following: - Keeping a record of all documents in relation to a migrant employee and making it available for Home Office officials; - Reporting certain information to Home Office officials (i.e whether a migrant’s contract of employment has ended earlier than it’s indicated on the certificate of sponsorship); - Maintaining migrant’s contact details including a history of details not just a current address; and - Ensuring that the employer is compliant with the Home Office's compliance and audit procedures. ## Home Office's Penalties for Employers who Employ Illegals Currently, an employer could be fined up to £10,000 for each illegal worker and/or face criminal prosecution if it fails to carry out the appropriate checks on their employees. The government intends to toughen civil penalties for businesses employing illegal migrants once the Immigration Bill becomes law. The following is a summary of these proposals: - The maximum penalty for employing illegal workers will increase to £20,000; - The way civil penalties are calculated will be simplified; - The way unpaid penalties can be enforced in the civil courts will be simplified; and - There will be measures to allow recovery of a civil penalty from directors and partners of limited liability businesses following failure to pay by the businesses. ## Immigration Legal Advice Tier 2 Sponsors (Business Owners) in the UK If you are a UK business and have been affected by the UKBA's raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor these migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. --- # UK Should Welcome International Students Says UK Think Tank on Policy Source: https://immigrationandvisasolicitors.co.uk/ippr-report-student-migration-uk-welcome-international-students/ *Last month, the Institute for Public Policy Research (IPPR) published a [report](http://www.ippr.org/files/images/media/files/publication/2013/11/Britain-wants-you_Nov2013_11534.pdf) which shows that international students bring in around £13bn to the UK’s economy and generate almost 70,000 jobs. IPPR, the UK’s leading progressive think tank believes that the UK risks losing its status as the second most popular destination for international students due to the government’s confusing immigration rules. IPPR’s analysis shows that the number of international students coming to the UK has decreased by 29% since 2010.* ## IPPR’s Findings on UK Immigration Policy & International Students The UK government has a set a target of cutting net migration from the hundreds of thousands to the tens of thousands as a result of widespread public anxiety about migration. International students remaining in the UK for longer than 12 months are officially counted as migrants in government statistics which means that foreign students have become a prime target for efforts to reduce overall migrant numbers. The research found the following: - Data shows that international student entrants to higher education for the 2012/13 academic year were broadly flat which represents a significant slow-down from previous trends - from 2007/08 to 2011/12 the average annual growth rate was 6.3%; - The number of visas issued to international students fell by 46% in the year to December 2012 and the income that further education colleges received from Tier 4 students' tuition fees is estimated to have decreased by £11m between 2010/11 and 2011/12, from £52,699,986 to £41,632,989; and - The UK's post-study work offer is weaker than many of its major competitor countries. A survey carried out for the report on Indian nationals who are considering study abroad, found that 91% of respondents thought that the UK's restrictions on the ability to work post-study would put off either 'some' or 'most' students. ## IPPR's Recommendations for UK Government IPPR’s report recognises that that the UK needs a student visa regime that clamps down on abuse but it also needs to be open and flexible enough to attract foreign students in a competitive market. Research shows that the decline of students coming to the UK may be attributed to tough immigration laws and could be seen as the result of the introduction of the Immigration Bill which intends to make it more difficult for immigrants to live and work in the UK after they have studied their course. IPPR have recommended that the government should abandon the net migration target as it "creates a perverse incentive for cutting international student numbers and is incompatible with the growth of one of the UK's crucial export industries." Speaking after the report was published, Alice Sachrajda a Research Fellow at IPPR stated that the government should reform "confusing" work laws as the UK's competitors have already done. ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Recent Case Law: UK Home Office’s Financial Requirements Source: https://immigrationandvisasolicitors.co.uk/recent-case-law-uk-home-offices-financial-requirements/ *In October 2013, the case of [Gulshan (Article 8-new Rules-correct approach)[2013 UKUT 640] (IAC)](http://www.bailii.org/uk/cases/UKUT/IAC/2013/%5B2013%5D_UKUT_640_iac.html) was heard in the Upper Tribunal (Immigration and Asylum Chamber) (published on 17 December 2013). This was an appeal by the Secretary of State against a previous decision in which it had been held that it was disproportionate and unlawful under Article 8 of the European Convention on Human Rights (ECHR) to remove the Appellant to her home country. In the new decision, the Upper Tribunal set aside the determination of the First Tier Tribunal and dismissed the appeal against the Secretary of State’s refusal to vary leave to remain.* ## Gulshan: Facts of the Case In this case, Mrs Gulshan was born in Karachi, Pakistan and was married to her husband who was a British citizen. They have two daughters together (who both live with their husbands in Pakistan) and a son who lives in the UK. Mrs Gulshan’s husband was granted Indefinite Leave to Remain in 2006 and after working for some time retired and is now in receipt of a state pension. In September 2012, Mrs Gulshan made an application for leave to remain as a spouse of a person present and settled here which was subsequently refused by the Secretary of State as firstly, she did not have the requisite immigration status, secondly she did not meet the minimum income requirements (financial requirements) and thirdly that she had failed to provide an English language certificate. ## Gulshan: Upper Tribunal (Immigration & Asylum Chamber) Determination Whilst on this occasion the decision of the First Tier Tribunal was set aside, Mr Justice Cranston (Judge of the Upper Tribunal) asserted the court's approach as follows: - The maintenance requirements (financial requirements) stand, although Blake J in *R (on the application of MM) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin)* said that they could constitute an unjustified and disproportionate interference with the ability of spouses to live together; he suggested that an appropriate figure may be around £13,400 and highlighted the position of young people and low wage earners caught by the higher figure in the rules; - After applying the requirements of the Rules, only if there may be arguably good grounds for granting leave to remain outside them is it necessary for Article 8 purposes to go on to consider whether there are compelling circumstances not sufficiently recognised under them: *R (on the application of) Nagre v Secretary of State for the Home Department [2013] EWHC 720 (Admin)*; - The term “insurmountable obstacles” are not obstacles which are impossible to surmount: *MF (Article 8 – new rules) Nigeria [2012]UKUT 393 (IAC); Izuazu (Article 8 – new rules) [2013] UKUT 45 (IAC);* they concern the practical possibilities of relocation. In the absence of such insurmountable obstacles, it is necessary to show other non-standard and particular features demonstrating that removal will be unjustifiably harsh. ## Are you affected by the 'Financial Requirement'? The Home Office's rules on financial requirements affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route. The rules define the basis on which a person can enter or remain in the UK on the basis of their family or private life. If you intend to make an application as the spouse, partner, fiance(e) or proposed civil partner of a British citizen, you and your sponsor will need to meet the financial requirements. If you would like to discuss how the financial requirement may affect you, please  [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) today and our London immigration solicitor's will be able to assist you by meeting with you and reviewing your case. --- # UK Immigration: Appealing EEA Residence Card Refusals Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-appealing-eea-residence-card-refusals/ *Our Immigration Team were recently instructed to represent a client, who was appealing the Home Office’s decision, to refuse him a residence card under the Immigration (European Economic Area) Regulations 2006 (the 2006 Regulations) as an extended family member of a Lithuanian citizen. In their decision, the Home Office had formed the view that the Appellant had provided insufficient evidence to show that he was in a ‘durable relationship’ with an EEA national as per the 2006 Regulations. Durable relationship is assessed subjectively by the Home Office.* ## Decision of Immigration Tribunal on EEA2 Refusal In our client’s case, the First Tier Tribunal (Immigration and Asylum Chamber) considered the decision under both the 2006 Regulations and under Article 8 of the European Convention on Human Rights (ECHR). Considering the case under human rights grounds, the Tribunal held that the Secretary of State for the Home Department had not identified any legitimate public interest that would justify the interference with the Appellant’s established Article 8 family life in the UK. The Tribunal took into consideration that the Appellant was engaged to his partner and his partner could not move to India (the Appellant’s home country) as by doing so she would be deprived of her benefits of exercising her Treaty rights as an EEA national. ## EEA Immigration: Family Members of EEA nationals Non-European family members of EEA or Swiss nationals can apply for a residence card which confirms their right of residence under European law. European law defines ‘family members’ as spouses, civil partner, the EEA nationals children or grandchildren (or the children or grandchildren of the EEA nationals husband, wife or civil partner) who are under 21 years of age or are a dependent on them and the parents or grandparents of the EEA national and their husband, wife or civil partner, if they are dependent on them. ## Extended Family Members of EEA Nationals European law allows “extended family members” of EEA nationals such as unmarried partners to reside in the UK with their EEA partners. In order to assess whether a relationship is 'durable', the Home Office expects that Applicants demonstrate that they have been living together with their EEA national Sponsor for at least two years, thereby making their assessment in accordance to the Immigration Rules. ## Contact us for successful outcome to your Appeal Our team of experienced and professionally qualified solicitors and barristers (regulated by the Solicitor’s Regulation Authority) will be able to guide you through the appeals process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529. --- # Chinese Nationals Encouraged to Visit UK for Chinese New Year Source: https://immigrationandvisasolicitors.co.uk/chinese-nationals-encouraged-visit-uk-chinese-new-year/ *Chinese New Year in London is one of the most spectacular celebrations in the West with over 300,000 people taking part in the celebrations across London last year. This year, the Year of the Horse, Chinese New Year falls on 31 January and celebrations will take place on 2 February with activities taking place in Chinatown, Leicester Square, Shaftesbury Avenue and Trafalgar Square.* The Home Office are encouraging visitors from China to come to the UK and participate in the celebrations. They have been encouraged to make their visa applications now if they wish to visit the UK to take part in the Chinese celebrations. It is expected that there will be an increase in the number of visa applications submitted in January 2014 and the Home Office have put provisions in place to make applying for a visa easier. ## UK Visitor Visa Applications for Chinese Tourists If you are planning on visiting the UK, you must be at least 18 years old, plan on visiting for a maximum of 6 months and you must be able to show that you have enough money to support your stay in the UK and be able to accommodate yourself. ## Home Office: Processing Visa Applications & UK Visa Priority Service The Home Office have released information on their website, stating that they aim to process 90% of visit visas within 15 working days with some applications processed within 7 days. They have also stated that in 2013, 96% of visit visa applications from Chinese nationals were successful. Chinese nationals who are applying for a general visitor visa and have evidence of compliant travel to the UK, United States, Australia, New Zealand, Canada or Schengen Countries within the last 5 years can take advantage of the Home Office’s Priority scheme. This a popular service which allows Chinese applicants to have their applications processed within 3-5 working days. ## Successful UK Visitor Visa Applications for Chinese Nationals The Office for National Statistics released figures last month revealing that 1.9 million visitor visas were issued in the year ending September 2013, 15% more (+256,367) than the previous year. Statistics show that from these figures, there was an increase seen in visitor visas issued to Chinese tourists (+80,755). Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making visa applications to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Overseas Visitors & Migrants to be Charged for Using UK’s NHS Source: https://immigrationandvisasolicitors.co.uk/overseas-visitors-migrants-charged-using-uks-nhs/ *This week, UK government ministers announced that overseas visitors and migrants are to face new charges for some NHS services in England, including some emergency care, extended prescription fees and higher rates for optical and dental services. The government is of the view that the UK’s health system is ‘overly generous’ to those who have a temporary relationship with the UK and as such ministers are putting plans in place to extend NHS charging for overseas visitors and migrants.* ## UK Visitors & Non-EEA Nationals to Pay for NHS Treatment Last week, the government published their response to the consultation on migrant access and financial contribution to NHS provision in England. In their response, they highlighted their view that the UK’s health system is overly generous to those who have only a temporary relationship with the UK. They also recognised that the NHS struggles to identify and recover the cost of care from those not entitled to free treatment. ## Who should pay for their NHS Treatment? The[ government summarised](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/268630/Sustaining_services__ensuring_fairness_-_Government_response_to_consultation.pdf) that the following should be charged for treatment they receive in the future: - Visitors (those in the UK for less for 6 months): Will be expected to continue to pay for their treatment whilst in the UK and should be expected to have adequate travel insurance to cover any unnecessary or unexpected health needs whilst in the country. - Non-EEA temporary migrants: workers, students, family members currently have free access to the NHS. The Immigration Bill intends to amend the current rules so that permanent residence will be set as the new qualifying criteria for free NHS care for non-EEA migrants subject to immigration control. Further, temporary non-EEA migrants will be required to pay an immigration health surcharge as part of any visa application. - Illegal migrants (including failed asylum seekers liable to removal, illegal entrants and those who have overstayed their visas): Government is of the view that they should not be afforded benefits of free access to the NHS and should be continued to be charged. ## BMA: NHS Charges for Migrants ‘Will Cause Confusion & Bureaucracy’ Dr Mark Porter, chair of the British Medical Association (BMA) has spoken out against the government’s plans and believes that requiring GP’s to spend more time on paperwork and bureaucracy needed to regulate the new charges could mean the system will end up costing more to run than in revenue. [Dr Mark Porter stated](https://www.bbc.co.uk/news/health-25529636):  “[The proposals] are likely to create a complex patchwork of charging and access entitlements where some services remain free, such as GP appointments, while others will be chargeable, including A&E visits and other services provided via many GP practices, such as physiotherapy.” ## Successful UK Visitor Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making visa applications to the UK step by step and limit the possibility of failure by complying with the strict letter of law. If you are planning on visiting the UK or migrating to the UK and wish to know how the government's plans affect you, please contact us so that we can provide you with comprehensive legal advice. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Migration Advisory Committee to Review the Tier 1 Investor Visa Route Source: https://immigrationandvisasolicitors.co.uk/migration-advisory-committee-review-tier-1-investor-visa-route/ *The UK Government has asked the Migration Advisory Committee (MAC) to [review the economic impact](http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/workingwithus/mac/call-for-evidence-economic) of the Tier 1 Investor visa route and comment on the current minimum level of investment required for this route. Minister for Immigration, Mark Harper has asked the MAC to consider whether the investment thresholds are appropriate to deliver significant economic benefits for the UK, in particular the minimum £1m threshold required under this category. The MAC is expected to report their findings to the government next month.* ## Sir David Metcalfe's Views of the Tier 1 Investor Visa Route Sir David Metcalfe, the head of the UK’s Migration Advisory Committee (MAC), gave evidence to the House of Commons’ Home Affairs Committee on 10th of December 2013 in relation to the value of Tier 1 Investor visa route. Questioned on how he was progressing with the review, [Sir David Metcalfe stated](https://web.archive.org/web/20220627033727/https://publications.parliament.uk/pa/cm201314/cmselect/cmhaff/c820-i/c82001.htm): “Let me say something that we found, which is peculiar, but perhaps you have heard many more peculiar things. Nobody can tell us why we have the Investors route. It is not anywhere set out whether we have the Investors route. We basically had to start with a blank sheet of paper.” ## High Net Worth UK Immigration: Tier 1 Investor Visa The Home Office currently has a welcoming stance towards rich ‘high net worth’ migrants whilst deterring those deemed to be ‘low quality migrants.’ Since the introduction of the Points Based System in 2008, to 2013 Q2 (quarter), 1,470 entry clearance visas were granted for Tier 1 Investor main applicants. Latest immigration statistics released by the Home Office reveal that in the four quarters to 2013 Q2, the total number of Tier 1 Investor visas issued to main applicants were 1,706 compared to 10,749 visas issued to Tier 2 General migrants (those who are sponsored by UK employers). The statistics also show that in the four quarters to 2013 Q2, 576 applications were made for entry clearance visas by Tier 1 Investor main applicants and 55 (or 9.5%) were refused. ## Current Economic Impact of Tier 1 Migrants Earlier this year, the National Institute for Economic and Social Research (NIESR) investigated the economic and labour market impacts in the UK of migrants using the Tier 1 Entrepreneur and Tier 1 Investor routes. NIESR found that factors such as financial resources and host country attitudes and institutions, play a role in attracting skilled migrants to the UK. The presence of skilled migrants has been linked to increased trade and investment flows between source and destination countries. It seems that the majority of Tier 1 Investors have invested in government bonds as this was the most straightforward way in which to satisfy visa requirements. ## Constraints of Tier 1 Entrepreneur Visa Route NIESR’s research reveals that some investors did not wish to be constrained by the visa requirements associated with the Tier 1 Entrepreneur visa route so instead applied via the Investor visa route. The Investor visa category is designed for migrants who want to make a substantial financial investment in the UK without having to take the more proactive steps that are involved with the Entrepreneur visa route. Other concerns by investors identified by NIESR were that the 180 day residence requirement was too strict and hindered their ability to further their international business interests. *Our Immigration Team will be following this matter closely and analysing the MAC’s review once the report is published next month.***** ## Successful Visa Applications for High Net Worth Migrants Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Investor Visa application](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) or [Tier 1 Entrepreneur Visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also provide expert legal advice on UK Visitor's Visas. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # Tier 2 Sponsorship Licences & the Rise in Work Related Visas Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-government-statistics-show-rise-work-related-visas/ *Employers wishing to employ non-EEA migrants must obtain a sponsorship licence before they can sponsor a migrant. The sponsorship licence system allows businesses to recruit skilled workers from non-European Economic Areas by giving them a Certificate of Sponsorship (COS). Over the course of the last 12 months, [government statistics](https://www.gov.uk/government/publications/immigration-statistics-july-to-september-2013/immigration-statistics-july-to-september-2013) published by the Home Office, show there was a 5% rise in the number of visas granted related to work. The increase was largely accounted for by higher number of visas issued for skilled workers (Tier 2) and for Youth Mobility and Temporary Workers (Tier 5) who had been given a COS.* ## Tier 2 Skilled Workers & Tier 5 Youth Mobility & Temporary Workers A certificate of sponsorship must be obtained by the applicant from an employer as part of the application process for visas and extensions. From September 2012 to September 2013, there were 14% more sponsored visa applications from skilled workers than the previous 12 months (from 40,397 to 46,132). The majority of the 46,132 applications were related to the following sectors: - Information and Communication (19,410, up 12%); - Professional, Scientific and Technical Activities (8,267, up 12%); - Financial and Insurance Activities (5,785, up 10%); - Education (2,670, up 46%); and - Manufacturing (2,490, up 6%). In the same period, there were 10% more sponsored visa applications from youth mobility and temporary workers than the previous 12 months, which increased from 39,164 to 43,228. The majority of these applications were related to the Arts, Entertainment and Recreation field which were up by 7% (30,690) and Education, which were up by 9% (4,499) sectors. ## Obtaining a UK Sponsorship Licence As a sponsor,  employers will need to provide evidence to the Home Office that they are suitable and eligible to become a sponsor. They will need to prove that they are a genuine employer based in and working lawfully in the UK and that they are able to comply with employment and immigration law and good practice, among other requirements. The Home Office will carry out appropriate checks before deciding whether to grant the sponsorship licence. Once a sponsorship licence is approves, the sponsor will appear on the public register of sponsors which can be found on the Home Office’s website. ## UK Sponsorship Licence Solicitors & Work Visas for Foreign Workers Obtaining a UK Sponsorship licence is far from a straightforward process involving referencing not only the immigration rules but also supplementary guidance notes. Together with this issue is ensuring that the bundle of supporting documents meets the Home Office's stringent requirements and properly evidences the application. For this reason it is usual for a professional employer to instruct expert immigration sponsorship solicitors to manage this process. There is currently no appeal process against any decision made by the Home Office with respect to Sponsorship Licences, so any problems against any decision made by the Home Office would involve costly and lengthy legal action for Sponsors. It is therefore imperative that you instruct professional solicitors who specialise in obtaining sponsorship licences and will guide your business step by step through the process involved in not only obtaining a sponsorship licence but also complying with ongoing requirements vis a vis sponsorship duties. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your eligibility in obtaining a UK Sponsorship Licence and to find out more about your [duties once you are a Sponsor](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/ukba-uk-sponsor-licence-sponsorship-home-office-duties-work-permits/). If you wish to obtain a visa to work in the UK, our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. --- # UK Immigration Raids: Home Office’s Tough Stance on Illegal Workers Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-raids-home-offices-tough-stance-illegal-workers/ *The Home Office’s immigration raids are beginning to become more common in recent news as reports reveal that the Home Office have taken a harsh stance towards those suspected of living and working illegally in the UK. The Home Office are also toughening up on UK business owners who are employing migrants from outside the EEA and intend to toughen civil penalties for businesses employing illegal migrants once the Immigration Bill becomes law.* ## Home Office: Arrests in Alleged Illegal Working Operations This week, the Home Office revealed that five alleged illegal workers have been arrested in Surrey, following operations carried out by immigration officers for the Home Office. Immigration Officers raided Meghalaya Indian Restaurant in Cranleigh; Merrow Dynasty Indian Restaurant and Perfect Pizza in Guildford last week. After questioning workers and carrying out checks to see if the individuals had the right to be in the UK, the immigration officers arrested four Bangladeshi men who had overstayed their visas and a 22 year old Afghan man found to be a failed asylum seeker. Those arrested were transferred to an immigration detention pending removal from the UK. ## Immigration Arrests Will Act as ‘Stark Warning’ Speaking on the raids, Paul Smith of the Thames Valley and Surrey Immigration Enforcement Team stated: > "These arrests will act as a stark warning to anyone in Surrey who is in the UK illegally. We will catch up with you and you will face arrest, detention and removal from the country. Illegal working has a negative impact on communities. It defrauds the taxpayer, undercuts honest employers and cheats legitimate job seekers out of employment opportunities." ## Home Office’s Penalties for UK Employers who Employ Illegal Workers Currently, an employer could be fined up to £10,000 for each illegal worker and/or face criminal prosecution if it fails to carry out the appropriate checks on their employees.**** The government intends to toughen civil penalties for businesses employing illegal migrants once the Immigration Bill becomes law. The following is a summary of these proposals: - The maximum penalty for employing illegal workers will increase to £20,000; - The way civil penalties are calculated will be simplified; - The way unpaid penalties can be enforced in the civil courts will be simplified; and - There will be measures to allow recovery of a civil penalty from directors and partners of limited liability businesses following failure to pay by the businesses. ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business and have been affected by the Home Office's raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor these migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # Immigration Case Note: Court of Appeal Rules on Academic Progression Source: https://immigrationandvisasolicitors.co.uk/immigration-case-note-court-appeal-rules-academic-progression/ *Recently, the Court of Appeal published an important decision on Tier 4 Sponsor Licence holder’s obligations and held that it is for an education provider to determine if the Home Office’s ‘academic progression’ requirement has been met. In [Pokhriyal [2013] EWCA Civ 1568](http://www.bailii.org/ew/cases/EWCA/Civ/2013/1568.html), the Court of Appeal held that ‘academic progression’ is a matter for the academic institution i.e. Tier 4 Sponsor Licence holder and not the Home Secretary or her officials acting in her stead.* ## Pokhriyal: Facts of the Case In this case, two foreign students were appealing against the Secretary of State’s decision that their proposed further courses did not constitute academic progress from their previous studies. The two appellant’s, Himanshu Pokhriyal and Amjad Hussain, came to the UK as Tier 4 General Students under the Points Based System (PBS) and had made applications for leave to remain before the expiration of their visas which were subsequently refused. The Secretary of State’s decisions to refuse the applications were upheld by the First Tier Tribunal and the Upper Tribunal and then considered by the Court of Appeal. Describing, the Home Office’s rules governing the PBS (which are set out in the Immigration Rules and appendices), Lord Justice Jackson, the judge sitting at the Court of Appeal stated: > “These provisions have now achieved a degree of complexity which even the Byzantine Emperors would have envied.” ## Academic Progression is to be Determined by Tier 4 Education Providers In paragraph 45 of the Court’s judgement, Lord Justice Jackson describes the phrase ‘academic progress’ as a “vague” one and clarified the Court’s position in paragraph 46: > “Whether a particular course constitutes academic progress is not a hard edged question. It involves comparing the new course with the student’s previous academic achievements and then making a value judgement. There is a degree of subjectivity which is inescapable. Paragraph 120B of Appendix A makes it clear that it is for the college, not the Secretary of State, to carry out the assessment. It is unsurprising that colleges are trusted to make this particular decision. The colleges have the requisite expertise. Also they have been approved by the Secretary of State to act as sponsors under the PBS. If any college steps out of line, its authorisation will be withdrawn.” ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Visas & Immigration: Customer Services & Operations Update Source: https://immigrationandvisasolicitors.co.uk/uk-visas-immigration-update-customer-services-operations/ *****The Home Office has today reported that following feedback from applicants and partners, UK Visas and Immigration (UKVI), have made changes to their service standards for applications made within the UK since 1 January 2014. [UKVI](https://www.gov.uk/government/organisations/uk-visas-and-immigration/about) is the government body which manages visa applications for people who want to visit, work, study or settle in the UK and aims to offer excellent customer service and secure decisions to applicants.* ## Changes to UK Home Office Visa Application Processing Times They have made changes to their service standards for straightforward applications made this year, but have stated that if applications are more complex and a decision cannot be made within the standard processing time, they will keep applicants informed of this and write to them explaining the next steps. UKVI have stated the following processing times for straightforward applications: - Applicants applying to remain in the UK on a temporary basis as a spouse, workers, Tier 1 General and entrepreneurs, students and organisations seeking to sponsor a worker: 8 weeks (10 day priority postal and same day premium); - Employers applying in the UK to update and maintain their license details: 18 weeks; and - Applicants applying in the UK to remain permanently (or naturalise as British) and applicants from Turkey and Croatia to live, study or work: 6 months. The Home Office have stated that for applications received before 1 January 2014, application processing times will remain subject to the standards in force at the time they were submitted. ## UK Visas & Immigration: Intention to Improve Customer Service Standards This morning, the UKVI and Greater London Authority (GLA) Operational Forum was webcast with key operational service users and representative organisations in attendance. The aim of these meetings is to promote UKVI’s awareness and create a dialogue with the intention of responding to customer’s feedback. The following points were noted: - UKVI spokesperson stated that they quality check 4.9% of decisions on EEA applications when they are only required to check 2%. UKVI intend to improve service standards and are willing to give direct contact details of case workers so they can work through applications with applicants. It has also been suggested that there should be a Public Enquiries Office (PEO) service for EEA family members; and - UKVI noted that they had seen an increase in applications for Tier 2 Sponsorship Licences and the recent customer survey was positive as customers noted that officers were polite, knowledge and accessible. Interestingly, UKVI noted that the most common reasons for Tier 2 and Tier 5 sponsorship licence’s being suspended were due to poor records being kept and no evidence of a Resident Labour Market Test being carried out. ## Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application or an application for a Tier 2, 4 or 5 sponsorship licence step by step and limit the possibility of failure by complying with the strict letter of law. We have the experience and the knowledge required to take your case forward successfully. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Budget Watchdog Warns On Governments Immigration Curbs Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-budget-watchdog-warns-governments-immigration-curbs/ *[Richard Chote, head of the Office for Budget Responsibility, has today warned](http://www.telegraph.co.uk/news/uknews/immigration/10570839/Immigration-has-a-positive-impact-says-Office-for-Budget-Responsibility-head.html) the coalition government that cutting the number of foreign workers in the UK will make it harder for the government to clear its deficit. The government’s independent economic forecaster told MP’s today that immigration has a positive impact on the public finances and Britain’s debt will go up if David Cameron meets his key immigration target. David Cameron has pledged to cut net migration to “tens of thousands” by the next election which could in the long term have a negative impact on the UK’s economy.* ## OBR: Lower Migration Could Push Debt Levels In a report published in 2013, OBR said that more migrants are needed to fund the rising cost of pensions, social care and the NHS. Richard Chote, recognised that immigration produces a “more beneficial” picture for the government’s finances. He stated: “Because they’re more likely to be working age, they’re more likely to be paying taxes and less likely to have relatively large sums of money spent on them for education, for long term care, for healthcare, for expenditure.” Latest official data shows that there was a net flow of 182,000 long term migrants to the UK in the year ending June 2013, the first annual increase for two years. Richard Chote reiterated the OBR’s judgement contained in the [Fiscal Sustainability Report](https://web.archive.org/web/20150908012922/http://budgetresponsibility.org.uk/fiscal-sustainability-report-july-2013/) it published in July – that higher inward migration was “beneficial” for the long term public finances, all else being equal. ## Lib Dems: Net Migration Target Will Stop Employers from Hiring Skilled Workers The Conservative’s migration target is not government policy as the Lib Dems do not back it as they believe that it is arbitrary and may stop employers hiring people with specific skills. In November last year, a report from a leading macroeconomic think-tank, the National Institute of Economic and Social Research (NIESR), argued there was a "positive and significant association" between higher employment of migrants and productivity. The Tier 2 (General) category of the Points Based System is for non-European migrants who have been offered a skilled job  by a UK employer to fill a gap in the workforce that cannot be filled by a settled worker. Under this category, foreign applicants must have a job offer in the UK and a Certificate of Sponsorship (CoS) from an organisation that is a licenced sponsor in the UK.* * ## Successful UK Work Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making visa applications to the UK step by step and limit the possibility of failure by complying with the strict letter of law. If you are planning on visiting the UK or migrating to the UK and wish to know how the government's plans affect you, please contact us so that we can provide you with comprehensive legal advice. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Home Office Immigration Officers Rewarded for Blocking Asylum Cases Source: https://immigrationandvisasolicitors.co.uk/home-office-immigration-officers-rewarded-blocking-asylum-cases/ *Following requests made under Freedom of Information laws by The Guardian newspaper, [the newspaper found](http://www.theguardian.com/uk-news/2014/jan/14/home-office-asylum-seekers-gift-vouchers) that Presenting Officers are being rewarded with gift vouchers, cash bonuses and extra holidays for meeting targets to ensure asylum seekers fail to stay in the UK. Official guidance obtained by The Guardian shows that immigration staff have been set a target of winning 70% of tribunal cases in which asylum seekers are appealing against government decisions that they should leave the UK. * ## UK Immigration Officers Incentivised by Home Office Information obtained by The Guardian shows that Home Office presenting officers and case owners in the fields of immigration and asylum were given £25 or £50 to “recognise positive performance over a short period of time,” including when officers “exceed their casework targets for a month.” Despite the Home Office revealing how many vouchers in total had been given out to staff, a parliamentary answer revealed that since July 2012, 11 high street shopping vouchers for £25 had been given out solely to presenting officers in asylum cases. ## Home Office’s Incentives “Undermine” System of Fairness Liberal Democrats MP Sarah Teather, [criticised](http://www.telegraph.co.uk/news/uknews/immigration/10572910/Immigration-officers-given-perks-for-hitting-targets-in-asylum-seeker-appeals.html) the Home Office and said schemes such as this one “completely undermine any sense that the system will give a fair hearing to those who come here seeking sanctuary from war and persecution.” Immigration Minister Mark Harper, dismissed these claims and stated that presenting officers performance was assessed “equally by reference to other relevant factors that include the quality of preparation and advocacy.” However, we note that the presenting officers unit have not as of yet commented on this matter. ## 2013 Statistics from Detention Action: 99% of ‘Fast Track’ Applications Refused Many people arriving in the UK are detained from the minute after they claim asylum in the UK. Their entire asylum claim is processed while they are locked in a high security immigration detention centre. This system is called the ‘Detained Fast Track’. According to research conducted by Detention Action, 99% of people on “fast track” asylum applications failed. Often there is no time for applicants to get evidence from their home country because they are only given a few days to appeal the decision. ## Contact us for a successful Asylum application Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Is the UK Government’s Immigration Bill Xenophobic? Source: https://immigrationandvisasolicitors.co.uk/immigration-bill-described-rancid-max-campaign-meeting/ *Yesterday, the LEXLAW ImmigrationTeam attended a parliamentary meeting on the Immigration Bill at the House of Commons organised by [Movement Against Xenophobia (MAX)](http://movagxen.wordpress.com/) and the [Joint Council for the Welfare of Immigrants (JCWI)](http://www.jcwi.org.uk/) with support from the Society of Asian Lawyers (SAL). The meeting raised awareness of the principles behind the Bill and provided an insight into how the measures will, in practice, racially discriminate against many sections of UK society. The Immigration Bill was introduced into the House of Commons on 10 October 2013 and subject to its Parliamentary progress, is set to receive royal assent in spring next year.* ## Debate on the UK Government’s “Tough” Immigration Bill In October last year, the British government introduced a new bill to reform immigration law which they hope will crack down on those who are in the UK illegally. The Immigration Bill has caused much debate in the UK and the measures introduced in the Bill have been described by MAX as being “unjust, expensive and potentially unlawful.” **** Our Immigration Team had the honour of being invited to MAX’s parliamentary meeting and heard from speakers including Sailesh Mehta from SAL, Dr Richard Vautery from the British Medical Association (BMA), Daniel Stevens from the National Union of Students (NUS), Leander Neckles from the Race Equality Foundation and Lord Alf Dubs, a Labour peer of the House of Lords. ## Overview of Parliamentary Meeting on Immigration Bill It was noted that peers from the House of Lords are eager to engage in an open debate about immigration in the UK and aim to change the attitude of the British public especially in light of negative media coverage. The following points were made by guest speakers: - Leander Neckles from the [Race Equality Foundation](http://www.raceequalityfoundation.org.uk/) believes that the Immigration Bill has the potential to severely harm migrants and wider black and minority ethnic communities. She interestingly noted that the Bill will lead to racial discrimination and had the potential to render those from ethnic backgrounds homeless as they may be refused housing by landlords who would be reluctant to provide them with tenancy agreements due to background checks. - Dr Richard Vautery from the [BMA](https://web.archive.org/web/20200114063203/https://www.bma.org.uk/) noted that the public were more likely to be treated by migrants than come across one. He stated that the NHS is facing many problems but health tourism is not one of them. Dr Vautery highlighted the importance of hiring medical professionals from abroad and noted that some NHS specialists are listed on the Home Office’s [Shortage of Occupations List](https://web.archive.org/web/20170115234629/https://immigrationandvisasolicitors.co.uk/tier-2-work-permit/). - Daniel Stevens, a NHS International Students Officer spoke about the unfairness of the NHS surcharge proposed in the Immigration Bill which would require undergraduates to pay £600 upfront in addition to what he described an expensive visa fee. ## What can you do to oppose the Immigration Bill? MAX is a coalition of civil society groups, faith groups, trade unions and individuals who have come together to oppose xenophobia and misinformation in the immigration debate. MAX was launched in October 2013 and is affiliated with 75 organisations including Detention Action, Immigration Law Practitioners Association (ILPA), JCWI and Refugee Action. If you wish to oppose the Immigration Bill, you can raise awareness of the measures of the bill which seek to create a hostile environment for all migrants (including those members of the public who are British born and are from ethnic backgrounds) and measures which would reduce the rights of appeal, rights to bail and to deport people without an in country right of appeal. --- # House of Lords to Investigate UK’s Student Immigration Policy Source: https://immigrationandvisasolicitors.co.uk/house-lords-investigate-uks-student-immigration-policy/ *In news reports yesterday, the House of Lords Science & Technology Committee announced that they will be investigating whether UK's immigration laws are preventing international students from choosing to study in the UK and whether immigration laws have been communicated effectively. [Figures released yesterday by the Higher Education Statistics Agency (HESA)](http://www.hesa.ac.uk/index.php?option=com_content&task=view&id=3103&Itemid=161) reveal that the number of non-EU students at UK universities fell by 1% last year, the first such decline ever recorded. Results of independent studies such as one carried out by [YouthSight](https://www.youthsight.com/) are consistent with the opinion that the UK government's migration cap makes overseas students feel less welcome in the country.* ## UK Immigration Policy Under House of Lords Microscope The House of Lords Science & Technology Committee's inquiry has come as a result of lobbying by the [Imperial College Union](https://www.imperialcollegeunion.org/news/house-lords-investigate-immigration-bill) who have been campaigning against the Immigration Bill since last November. The Union believe that the Immigration Bill will have a negative impact on international students and it is time that the UK's immigration policies are looked at to see if they are causing the decline of international students in the UK. The [House of Lords Science & Technology Committee's inquiry](http://www.timeshighereducation.co.uk/news/immigration-policy-to-come-under-lords-microscope/2010578.article) will focus on international students studying  STEM (science, technology, engineering and maths) subjects and have requested written evidence from universities across the UK to be sent to them. ## HESA Statistics: Decline of International Students in the UK The decrease in the number of non-EU students in 2012-13 has fallen significantly, as revealed in HESA figures. Statistics show that the number of Indian students enrolled in their first year dropped by 25%. This means that the number of first year Indian students fell from 23,985 in 2010-11 to 12,280 in 2012-13. This will heighten concerns amongst universities who have become accustomed to frequent and notable rises in non-EU student’s tuition fees, as India is the second largest source of non-EU students for British universities, behind China. Contrary to the dip in Indian students, the number of first year Chinese students in 2012-13 rose 6%. ## Significant Contribution by International Students to UK Economy Last year October, Daniel Stevens, an NUS International Student's Officer International noted on the NUS Connect website that international students contribute £7.9 billion (BIS 2012) to the UK economy. International students make up less than 1% of the UK population but contribute an amount almost 7% of the total NHS budget of £108.9 billion. Speaking after the announcement of the Lord's inquiry, Daniel Stevens stated: > “...the inquiry will provide an important avenue to show how detrimental the Immigration Bill is for international students. It is an excellent development in the continued fight against the Immigration Bill.” ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Government Supports Citizenship (Armed Forces) Bill Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-government-supports-citizenship-armed-forces-bill/ *[Last week on Friday](http://www.bbc.co.uk/democracylive/house-of-commons-25776483), the Citizenship (Armed Forces) Bill completed its final stages in the House of Commons  after receiving cross-party support and has now moved on to the House of Lords for further scrutiny. The Citizenship (Armed Forces) Bill will make it easier for Commonwealth-born members of the Armed Forces to claim British citizenship in the UK. The private member’s bill introduced by Conservative MP Jonathan Lord, intends to remedy the “discrepancy” in the law that means it can take longer for some members of the Armed Forces to become British citizens.* ## Current Rules on British Citizenship Disadvantage Members of Armed Forces Currently, foreign and Commonwealth citizens in the Armed Forces may be at a disadvantage because of their time served overseas. Existing rules state that overseas applicants for British citizenship must have lived in the UK for five years. Applicants who are members of the Armed Forces may be at a disadvantage as the rules state they must have been in the UK on day one of the 5 year qualifying period for naturalisation. However, these soldiers, sailors and airmen are often immediately posted overseas after they sign up and as a result may have to wait longer than other applicants before they can claim British citizenship. [Speaking in the House of Commons](https://web.archive.org/web/20220705230426/https://publications.parliament.uk/pa/cm201314/cmhansrd/cm140117/debtext/140117-0001.htm) on Friday, Conservative MP Jonathan Lord stated: > “The principles enshrined in the armed forces covenant between the nation and our armed forces community make it clear that those who serve should face no disadvantage as a result of that service.” ## Citizenship (Armed Forces) Bill: Changes to the Law The legislation intends to affect around 200 members or former members of the Armed Forces, many of whom are likely to come from countries such as Fiji, Jamaica, South Africa, Ghana and Nepal. The bill would allow immigration officials to waive the minimum five-year threshold for citizenship applications from Commonwealth born servicemen and women as well as veterans. Under the changes the Secretary of the State will be given discretion to overlook the current requirement. Immigration Minister Mark Harper stated that “the change is indeed small but sensible, and it is not insignificant.” He went on to state: > “Not all of those cases will require the discretion but where they do, and even if there was only one case, for somebody who has served in our armed forces it is right that they should benefit and I am very pleased this Bill will do that.” ## Immigration Lawyers for UK Armed Forces Visas If you are a member of the Armed Forces or your family member is in the Armed Forces and you wish to know more about applying for settlement or leave to remain, you should seek legal advice from expert UK Immigration Solicitors regulated by the Solicitors Regulation Authority to ensure that you know your options and how you can proceed to the next steps. Feel free to [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options. --- # UK Immigration Case Study: Tier 1 Entrepreneur Visa Success Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-study-tier-1-entrepreneur-visa-success/ *The Tier 1 Entrepreneur Visa route under the Points Based System (PBS) demonstrates the UK Government's desire to attract high net worth individuals from outside the EEA, who wish to invest in the UK by setting up or taking over, and being actively involved in the running of a business or businesses in the UK. The government encourages wealthy individuals to invest in the UK as it believes that they **are essential for renewed economic growth in the UK. The [UKTI](http://www.ukti.gov.uk/investintheuk/whytheuk.html) describe the UK as one of the leading business locations in the world and the number one destination for inward investment (FDI) in Europe. * Our Immigration Team were recently instructed to represent a client, who was lawfully residing in the UK as a Tier 1 Post Study Worker and wanted to switch in country into the Tier 1 Entrepreneur visa route. The client wished to set up a business in the UK and had plans to begin a proprietary trading company which would recruit and train UK individuals to trade commodities and interest rate product successfully. Our client's visa application was submitted before Christmas and we received news a few weeks later that he had been granted leave to remain in the UK as a Tier 1 Entrepreneur. ## UK Tier 1 Entrepreneur Visa: The Advantages The UK Tier 1 Entrepreneur visa route has become an attractive route for entrepreneurs who wish to invest or set up a business in the UK. The UK has a number of features which are attractive to Tier 1 migrants. They include its location within European markets and to other key business and trading centres, language, time zone, ease of set up, business opportunities and support and supply of skills. The UK also offers a unique mixture of outstanding social and political stability with a highly attractive taxation regime for those born overseas. If an applicant is successful in making a Tier 1 Entrepreneur visa application, they can take advantage of the accelerated route to settle in the UK after 3 years residence if: - Their business created at least 10 full time jobs for settled people; - Their UK business has a revenue of at least £5 million in these 3 years; and - They have taken over or invested in a UK business which has resulted in a £5 million increase in revenue over 3 years. ## Requirements for switching to a Tier 1 Entrepreneur visa Tier 1 PSW migrants can switch into the Tier 1 Entrepreneur route by making an initial application in the UK. An applicant must demonstrate that he/she has access to £50,000 which is held in one or more regulated financial institutions and the money is disposable in the UK. In addition, the applicant will need to meet the English language and maintenance requirements. Individuals who are switching categories, will be granted leave for 3 years, thereafter a successful extension application will grant leave to remain for a further 2 years. ## Successful Tier 1 Entrepreneur Visa Applications & Appeals Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Entrepreneur visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # NIESR Report Reveals UK Employers Prefer Recruiting Skilled Migrants Source: https://immigrationandvisasolicitors.co.uk/niesr-report-reveals-uk-employers-prefer-recruiting-skilled-migrants/ *Recent research by the National Institute for Economic and Social Research (NIESR) has revealed that recruiting skilled migrants from abroad allows companies to become more [efficient and ](http://www.telegraph.co.uk/news/uknews/immigration/10426473/Why-hire-foreigners-They-just-work-harder.html)[expand](http://www.telegraph.co.uk/news/uknews/immigration/10426473/Why-hire-foreigners-They-just-work-harder.html)[ their businesses](http://www.telegraph.co.uk/news/uknews/immigration/10426473/Why-hire-foreigners-They-just-work-harder.html). These findings follow research by the government which shows that foreigners are filling a fifth of jobs in key industries such as engineering due to a lack of skills in the UK. This fuels the debate about whether British born workers have the work ethic and skills to compete with their foreign counterparts in an increasingly international labour market.* ## NIESR Research: Need for Skilled Migration is Widely Accepted NIESR's research concentrates on the long term connection between migration and productivity. In doing so it fills a gap in knowledge about the impact of migration on the UK economy, labour markets and workplaces. Research was conducted by collecting evidence from employers and the general public and a conclusion was reached after analysing quantitative data on migration and productivity. The report found that workers in the UK have been positive about working alongside migrants and have benefited from working alongside them in a number of ways. Some have said that it has helped them to look at and understand work-related issues from a different perspective. Heather Rolfe, one of the researchers stated: > ‘We hear a lot about public opinion and concern about migration, but our findings suggest that the need for skilled migration is more widely accepted than is often believed. People enjoy working alongside migrants and feel they personally benefit in terms of their own skills and the services they are able to provide.’ ## NIESR Report: Summary of Research on UK Migration & Productivity NIESR found: - employers recruited from outside the UK for 3 main reasons; where the supply of skills within the UK is deficient; to recruit high level skills which are in short supply worldwide; and to complement the skills of non-migrants; - focus group participants perception of a migrant worker was of an Eastern European in low skilled, low paid work. This was at odds with the views of employers in the research, who saw skilled migration as most important in meeting their needs. While some participants held views which were opposed to immigration, their views about skilled migration were much more positive; and - Recruitment from overseas allowed employers to fill skilled and specialist roles and enabled some organisations to expand. While accepting that some specialist posts are difficult to fill, focus group participants also believed that skills shortages resulted from an unwillingness to work among some sections of the UK population. ## Successful UK Tier 2 Work Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making visa applications to the UK step by step and limit the possibility of failure by complying with the strict letter of law. If you are planning on visiting the UK or migrating to the UK and wish to know how the government's plans affect you, please contact us so that we can provide you with comprehensive legal advice. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Home Office Immigration Raids: UK Business Faces £120,000 Fine Source: https://immigrationandvisasolicitors.co.uk/home-office-immigration-raids-uk-business-faces-120000-fine/ *Yesterday, immigration officers from the Home Office raided Fleetwood Aluminium, a factory in Bath Road, Slough and arrested workers whom they suspected of having no immigration status in the UK. The business has been served with a potential liability notice warning that a civil penalty of up to £10,000 per illegal worker will be imposed, unless the organisation can provide proof that correct right to work checks were carried out.* The Home Office’s immigration raids are beginning to become more common in recent news, with the Home Office toughening up on UK business owners who are employing migrants from outside the EEA. Here, we will consider what the Home Office expects from Tier 2 Sponsors and explore the penalties for not complying with their sponsorship duties. ## Immigration Enforcement: Officers Arrest “Illegal Workers” Immigration Officers raided a factory in Slough yesterday and arrested 12 people suspected of being illegal immigrants. The workers were questioned by the immigration officers who checked their immigration status which led to 12 Indian men aged between 25 and 51 being arrested. Nine of those arrested have been detained at an immigration removal centre pending their removal from the UK. A spokesperson for the company stated: > “We are satisfied that our internal immigration checks are robust and compliant with Border Agency requirements and we are currently working collaboratively with them to resolve any matters that may arise as a result of their visit." ## Tier 2 UK Sponsor’s Duties & Objectives The main duties for a UK Tier 2 Sponsor include at least the following: - Keeping a record of all documents in relation to a migrant employee and making it available for Home Office officials; - Reporting certain information to Home Office officials (i.e whether a migrant’s contract of employment has ended earlier than it’s indicated on the certificate of sponsorship); - Maintaining migrant’s contact details including a history of details not just a current address; and - Ensuring that the employer is compliant with the Home Office's compliance and audit procedures. ## Home Office's Penalties for Employers who Employ Illegals Currently, an employer could be fined up to £10,000 for each illegal worker and/or face criminal prosecution if it fails to carry out the appropriate checks on their employees. The government intends to toughen civil penalties for businesses employing illegal migrants once the Immigration Bill becomes law. The following is a summary of these proposals: - The maximum penalty for employing illegal workers will increase to £20,000; - The way civil penalties are calculated will be simplified; - The way unpaid penalties can be enforced in the civil courts will be simplified; and - There will be measures to allow recovery of a civil penalty from directors and partners of limited liability businesses following failure to pay by the businesses. ## Immigration Legal Advice Tier 2 Sponsors (Business Owners) in the UK If you are a UK business and have been affected by the Home Office's raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor these migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. --- # CEO of Tech Mahindra Tells David Cameron Migrants Benefit UK Economy Source: https://immigrationandvisasolicitors.co.uk/ceo-tech-mahindra-tells-david-cameron-migrants-benefit-uk-economy/ *CP Gurnani, CEO of Tech Mahindra has [voiced his concerns](http://www.telegraph.co.uk/finance/financetopics/davos/10589998/Davos-David-Cameron-needs-to-realise-migrants-benefit-the-UK-says-Tech-Mahindra-boss.html) over the UK Government’s “inconsistent” immigration policies and has stated that Prime Minister David Cameron must face the fact that most migrants benefit the UK economy. Tech Mahindra is part of $16.2 billion Mahindra group, one of the top 10 India based business houses, and a leading provider of solution and services in the ICT industry. Tech Mahindra employs 5,000 workers in Europe with its headquarters in the UK.* ## UK Government needs to clarify “Inconsistent” Immigration Policies Tech Mahindra is ranked number 5 in India’s software services firms and overall number 111 in Fortune India 500 list for 2012. CP Gurnani, has spoken out against the UK’s immigration policies and has stated that although the UK had welcomed his company, mixed government messages had “hindered advances in innovation.” Speaking to the Telegraph, the CEO of Tech Mahindra stated: > “We worry about the rules because there has been a lack of consistency in the sense that one day you will hear an announcement that every student needs to deposit £3,000 before they come here, and then the next day policy makers will say: ‘no, no, it’s not for highly skilled labour, it’s for someone else.” ## Need for Indian Students & Skilled Migrant Workers Last year in October, we reported that at a conference arranged by the Indian Centre of Migration, it was  noted that in relation to international migration, European Ecomonic Areas (EEA)'s were urged to attract more Indian students to study and eventually work in their countries as opposed to other lucrative markets such as the US, Canada and Australia.****** CP Gurnani stated there was a need to recognise migrants contribution to the UK and said: > "Mr Cameron needs to realise that most of us have helped the UK to create new intellectual property and jobs, and helped UK businesses become more operationally effective. The reality is, businesses today, even though they're headquartered in the UK, they don't only serve the UK, they serve global customers, and frankly, the UK benefits from globalisation.” ## Successful UK Visa Applications for for Indian Students & Workers Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application or Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Sir James Dyson Criticises UK Government’s Immigration Rules Source: https://immigrationandvisasolicitors.co.uk/sir-james-dyson-criticises-uk-governments-immigration-rules/ *Sir James Dyson, the founder of the bagless vacuum cleaner company has[ spoken out against the UK’s immigration policy](http://www.telegraph.co.uk/finance/newsbysector/industry/engineering/10590729/Sir-James-Dyson-to-create-jobs-for-3000-engineers.html) in relation to foreign students. His comments come after he announced that he plans to invest £250m in the expansion of his company headquarters in Wiltshire, creating jobs for 3,000 engineers. This is not the first time Dyson has criticised the government’s immigration policies; in November 2012, he [called on the government to ease restrictions](http://www.telegraph.co.uk/education/universityeducation/9712526/Sir-James-Dyson-warns-over-graduate-engineer-shortage.html) on the number of overseas students remaining in the country after their courses had ended.* ## Highly Skilled Migrants Needed in UK to Benefit Economy Dyson’s plans to double the size of his headquarters and triple the number of engineers he employs, would mark the largest expansion in the company’s history. Dyson believes that there is a talent shortage in the UK and this has “exacerbated” by a change in the immigration law in April 2012 which prevents foreign postgraduate engineers from staying in the UK after they have completed their studies. Speaking to the Telegraph, Dyson stated: > “Only 10% of engineering postgraduates are British. They all get kicked out at the end of the course because [immigration minister] Damien Green refused to give engineers an exception. These are Anglophiles who could be contributing to our economy. It’s absolutely ridiculous.” ## Dyson: Highly Skilled Engineers from outside EU need to be Incentivised Dyson stated that the company’s decision whether to expand in Malaysia and Singapore or in the UK “all depends on whether we can actually find all the engineers we need.” [He stated:](http://www.recruiter.co.uk/news/2014/01/dyson-and-home-office-at-loggerheads-over-student-immigration-rules/?) > “The government should be going out of its way to attract these highly skilled engineers to stay, even incentivising them, so that they can use their skills to develop technology here – for the benefit of our economy. We should be proud that these students choose the UK as their destination of choice. > > > The rules state that postgraduate and PhD students can be awarded a Tier 4 work permit enabling them to gain work experience full time for one year. So yes, they can stay, but only provided they find employment within a very short timeframe – that is hardly an encouragement to stay. They can only be offered a fixed-term contract rather than a permanent role as they do not have eligibility to work the UK full time.” ## Successful UK Tier 2 Visa & Tier 4 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 4 Student visa application or Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa or Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # ‘Harsh’ UK Immigration Rules Split Welsh-American Family Apart Source: https://immigrationandvisasolicitors.co.uk/harsh-uk-immigration-rules-split-welsh-american-family-apart/ *A Welsh-American couple have today [spoken out](http://www.walesonline.co.uk/news/wales-news/family-split-apart-immigration-rules-6607837) against UK's 'controversial' immigration rules which have prevented them from living together in the UK as a family. Matthew Pudner, 35 of Wales met his Californian wife Molly Pudner while they were both working in New York. After the birth of their son Soloman, now 18 months old, they decided to re-locate to Wales and start a new life as a family. However, due to the fact the couple did not have jobs on arrival in the UK and did not have the required savings in the bank, Molly Pudner was refused a spouse visa.* ## Welsh-American Family Split by Spouse Visa Refusal Following the refusal, Matthew Pudner secured a job as a college lecturer just five days after returning to the UK and believes he now meets the Home Office's financial requirements. Molly Pudner who was granted a visitor's visa for six months, will now return to America to appeal the Home Office's initial decision. Speaking on the immigration rules, Molly Pudner stated: > “We have a place to stay, are not on benefits and intend to work hard and pay our way with my husband getting a reasonably paid job within two weeks of arrival." She went on to state: > “We were told because we did not have jobs on arrival we needed thousands of pounds in savings but how many young couples have that kind of money in the bank?” [A Home Office spokesperson said](https://web.archive.org/web/20150607073750/http://www.itv.com/news/wales/2014-01-28/welsh-american-familys-anger-over-immigration-rules/): > "All applications are considered on their individual merits and in line with the immigration rules. Mrs Pudner's spousal visa was refused because her husband did not meet the financial requirements at the time of the application." ## High Court Finds Minimum Income Rules are Unjust & Disproportionate A [study conducted by Middlesex University](https://www.scribd.com/document/162037369/Family-Migration-Costs-Briefing-9-7-2013) last year, found that preventing up to 17,800 migrant partners from coming and working in the UK would result in £850m in lost economic activity over 10 years. In *R (on the application of MM) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin), *Blake J carefully considered the UK's immigration rules requiring a minimum income of at least £18,600 for spouse visa applications and stated that they could constitute an unjustified and disproportionate interference with the ability of spouses to live together. He suggested that an appropriate figure may be around £13,400 and highlighted the position of young people and low wage earners caught by the higher figure in the rules.  ## Are you affected by the 'Financial Requirement'? The Home Office's rules on financial requirements affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route. The rules define the basis on which a person can enter or remain in the UK on the basis of their family or private life. If you intend to make an application as the spouse, partner, fiance(e) or proposed civil partner of a British citizen, you and your sponsor will need to meet the financial requirements. If you would like to discuss how the financial requirement may affect you, please  [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) today and our London immigration solicitor's will be able to assist you by meeting with you and reviewing your case. --- # UK Immigration: NHS Would be ‘Short Staffed’ Without Migrants Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-nhs-short-staffed-without-migrants/ *Last week, statistics released from t**he Health and Social Care Information Centre (HSCIC) revealed that more than 1 in 10 workers are from overseas, including 25% of doctors and 11% of nurses. [Figures obtained by The Guardian](http://www.theguardian.com/society/2014/jan/26/nhs-foreign-nationals-immigration-health-service) show that the NHS employs staff from more than 200 different countries, including Azerbaijan, Zambia, Indonesia, Poland, and American Samoa, according to official figures. This has led to experts forming the opinion that the NHS would be ‘short-staffed’ without migrants. * ## HSCIC Statistics Show Extent of NHS Reliance on Foreign Nationals Statistics from HSCIC show that professionally qualified clinical staff are more likely to be foreign nationals (14%) and the figure rises even more for doctors (26%). It seems that those who have ties to the UK through the Commonwealth provide the most employees, as well as EU and English speaking countries. These figures have led the [British Medical Association (BMA)](https://web.archive.org/web/20200114063203/https://www.bma.org.uk/) to observe that without the contribution of non-British staff, "many NHS services would struggle to provide effective care to their patients". A spokeswoman for the British Medical Association stated: > “Overseas doctors have for many years made a valuable and important contribution to the NHS, especially in key services where there has been a historic shortage of UK-trained doctors. For many years the NHS actively encouraged overseas doctors to move to the UK, many of whom committed to a life here and have since become British citizens.” ## NHS Employ Foreign Nationals from more than 200 Countries HSCIC figures show from the study show that a total of 204 different nations, excluding the UK, supply the NHS with 136,624 workers. The biggest supplier of employees is India with 18,424, followed by the Philippines with 12,744, then Ireland with 12,613 and Poland with 5,507.  Analysing the figures, [Tim Finch, from the Institute for Public Policy Research (IPPR) think tank stated](http://www.managementinpractice.com/editors-pick/nhs-short-staffed-without-migrants): > "People are still attracted to work in the NHS. Without them we'd clearly be short – it would be very hard to replace that number overnight. > > > "If the single thread of immigration policy is just to get the overall figure down by any means, you've got to look at the consequences of that on the NHS." ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: UK Tier 2 Visa Routes for Skilled Migrants (Workers) Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-uk-tier-2-visa-routes-skilled-migrants-workers/ *The UK is a global leader in business, financial services, science, engineering and a cultural centre for the arts. Since 2010, the UK’s migration system has become demand driven and in 2010 the government introduced measures to reduce net migration, including that of skilled professionals with the purpose of protecting the domestic labour force. The measures included caps limiting the number of people admitted in the highly skilled categories (Tier 1 and Tier 2 of the Points Based System). In 2011, the Shortage Occupation list was reduced but in 2012 after requests from businesses and employers, some of the conditions for entry were made more flexible. Here, we will explore visa routes for those intending to come to the UK for the purposes of work.* ## Tier 2 General Migrant Visa Route (Work Permits) [Statistics published last year](http://www.telegraph.co.uk/education/educationnews/10424148/Immigrants-fill-one-in-five-skilled-British-jobs.html) by the Office for National Statistics (ONS) indicated that the number of foreign born people finding jobs in the UK had increased by 225,000 to 4.26m in a year, compared with a rise of just 192,000 British born workers. The Tier 2 General migrant visa route is designed for skilled migrants who have a job offer to come to the UK to work for up to six years in a role that cannot be filled by a British born worker. The job must be at graduate level and have a minimum salary of £20,300 per year. It is important to note that the government have capped this route at 20,700 per year but there is no limit for those paid above £152,100 per year. Under this route, dependents can join the worker and they can also work in the UK. [Statistics released](https://web.archive.org/web/20200109140826/https://www.migrationwatchuk.org/briefing-paper/1.35) by the Home Office show that from October 2012 to October 2013, only 10,179 Tier 2 General visas were granted; this was despite 20,700 visas available. It seems that 11,145 visas were granted to their dependents. ## Tier 2 Intra Company Transfer (ICT) Visa Route The Tier 2 Intra Company Transfer (ICT) visa route of the Points Based System is for multi-national company employees who are transferred to the UK based branch of their organisation. Employees may either be transferred on a long term basis or be frequently sent to the UK on short term visits. The company sponsoring the employee will need to issue their worker with a certificate of sponsorship and will need to ensure that the salary on offer and their employees qualifications will enable them to satisfy the immigration rules. Statistics released by the Home Office show that from October 2012 to October 2013, 30,939 ICT visas were granted, 17,337 of which short term ICT’s and 11,409 were long term. It seems that a further 19,739 dependents were also granted with visas. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Tough UK Immigration Laws Blamed for Decrease in Indian Students in UK Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-laws-blamed-decrease-indian-students-uk/ *In news reports this week, vice-chancellors of universities in the UK have spoken out against the government's immigration policy and have blamed tough laws for a major drop in the number of Indian students coming to study in British universities. Recent figures released by  Higher Education Statistics Agency (HESA) revealed that the decline in the number of Indian students that started in 2011-12 continued in the last academic year (2012-13), leading to a record 25% reduction overall. It seems that the overall reduction in the number of Indian students is 25% over the previous academic year, but the drop is sharper in the case of those enrolling on first-year degree courses, which has almost halved over two years, from 23,985 in 2010-11 to 12,280 in 2012-13.* ## Immigration Laws "Deterring" Indian Students from UK [Janjan Mathai, India’s High Commissioner](http://www.hillingdontimes.co.uk/news/asianspotlight/spotlight/10978016._/), has stated that visa restrictions on students’ right to work after finishing their courses is just one of the reasons international students are choosing to go elsewhere. Speaking to the The House magazine, Ranjan Mathai stated: > "Many of the students who I've had an interaction with feel that if they'd had a chance to pay their way by staying on for a year - which the system before allowed - then it would make their taking loans and coming to the UK for education more worthwhile, more possible. That's one reason the numbers have gone down. ## Universities UK: UK Must Welcome International Students The drop in the number of international migrants in the UK has also caught the attention of others in the UK. [Nicola Dandridge](https://web.archive.org/web/20140504150256/http://www.hindustantimes.com/world-news/drop-in-indian-students-british-vc-hits-out-at-visa-policy/article1-1176527.aspx), chief executive of Universities UK stated: > “What is clear from this is that, if the UK wants to fulfil its potential in this growth area, it must present a welcoming climate for genuine international students and ensure that visa and immigration rules are consistent and properly communicated.” ## £1m UK Scholarship Programme Launched to Attract Indian Students Last week, the British Deputy High Commissioner, [David Lelliott announced his bid](https://www.business-standard.com/article/pti-stories/uk-scholarship-programme-worth-1-mn-pounds-launched-for-india-114012200707_1.html) to launch a £1m UK Scholarship programme with the hope of attracting the brightest talents from India to study in the UK. 36 institutions across England, Scotland, Wales and Northern Ireland will be involved in the programme, which will start in September 2014. Under the programme, around 370 scholarships will be offered for 260 undergraduate and postgraduate courses including engineering, law, biosciences and IT. David Lelliot stated: > "Four of world's top six universities are in the UK and these are known not only for excellent education they offer but also for their vibrant environment. We welcome India's brightest students in our universities and for that there is no limit on the number of students who come and stay on to work on a graduate level job after their studies." ## Successful UK Student Visa Applications for Indian Students Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Court of Appeal Rules on Evidential Flexibility Policy Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-court-appeal-rules-evidential-flexibility-policy/ *Last month, it was reported that the Court of Appeal overturned the decision of the Upper Tribunal in [Secretary of State for the Home Department v Rodriguez [2014] EWCA Civ 2](http://www.bailii.org/ew/cases/EWCA/Civ/2014/2.html). This case concerned the effect of the so called ‘Evidential Flexibility’ policy in applications for leave to remain under the Points Based System (PBS). In this case, the Court of Appeal considered whether the Secretary of State was under an obligation to consider additional evidence submitted after the submission of an application for leave to remain under the PBS.* ## Rodriguez:  Facts of the Case The Appellant in this case was a foreign national seeking leave to remain in the UK as a Tier 4 (General) Student migrant for the purpose of study in the UK under the PBS. The Appellant had submitted an application in which she failed to supply evidence such as bank statements, pursuant to the Immigration Rules, sufficient to attract an award of points needed to satisfy the maintenance funding requirements. This resulted in the Appellants application for leave to remain as a Tier 4 (General) Student being refused. At the time of submitting the application, the Appellant did in fact have the requisite funds in a bank account but had not provided evidence of this. The question for the Court was whether the Home Office should have contacted the Appellant (thus engaging the ‘Evidential Flexibility’ policy) to enable them to remedy the deficiencies in their applications. ## Rodriguez: The Decision & Implications on PBS Applicants Upon careful analysis of the Court of Appeal’s decision, it seems that the Court of Appeal has overturned the Upper Tribunal’s decision both with respect to the meaning of the May 2011 policy and the general intention behind the Evidential Flexibility policy. The Court of Appeal concluded that the Evidential Flexibility policy did not require the Secretary of State, in every case where there was a failure to meet the requirements of the Immigration Rules, to make further enquiries. It seems that those who have failed to support their PBS visa applications with the required supporting documents had no one to blame for it and the harsh consequences for the Appellant did not outweigh the public interest of consistent decision making. ## Successful UK Points Based System Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a PBS visa application (including Tier 1 Entrepreneur, Tier 1 Investor & Tier 4 Student visa applications) step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK’s Academic Community Warns Government on Tough Immigration Policy Source: https://immigrationandvisasolicitors.co.uk/uks-academic-community-warns-government-tough-immigration-policy/ *[Last month](http://www.nature.com/news/uk-visa-problems-worry-scientists-1.14665), representatives of leading universities and scientific organisations met with representatives of the Home Office to discuss the impact of the UK's immigration policy on the science and engineering community in the UK. One of the main points highlighted was that plans to reduce immigration together with complicated visa procedures for visiting researchers, were making the UK an unattractive destination for scholars. Campaign for Science and Engineering (CaSE), the leading independent advocate for science and engineering in the UK, is now lobbying the government to change its policies to avoid deterring international students and academics.* ## Government Told Skilled Migration is Essential to UK Critics of the government's immigration policy are of the view that the future of the UK’s international competitiveness is not low-cost labour, but is high-skilled, high-value jobs in innovative world-leading sectors. Sarah Main, director of CaSE believes that "the really big issue is the one of how the UK is perceived internationally and how attractive it seems to people who wish to come here." Susan Kay, executive director of the Engineering Professors’ Council in Horsham, is of the opinion that the current complicated visa procedures have led to many complaints by international scientists and believes that the UK's visa system “needs to be simpler, it needs to be more accessible”. ## Tier 1 Exceptional Talent Visa Route In 2011, the government introduced the Tier 1 Exceptional Talent visa route which is open to exceptionally talented migrants in the fields of science, humanities, engineering and the arts, who wish to work in the UK. These individuals are those who are already internationally recognised at the highest level as world leaders in their particular field or who have already demonstrated exceptional promise in these fields and are likely to become world leaders in their particular area. Despite the government stating they want to attract the 'best and brightest', there is a limit of 1,000 endorsements between 6 April 2013 and 5 April 2014. This may be deterring exceptionally talented migrants in the fields of science, humanities, engineering and the arts from coming to the UK. ## Successful UK Tier 1 Exceptional Talent Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1 Exceptional Talent visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 1 Exceptional Talent visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Home Office: Update on Visa Fees & SME’s Support Service Source: https://immigrationandvisasolicitors.co.uk/uk-home-office-update-visa-fees-smes-support-service/ *The UK Home Office has recently made two announcements. The first is in relation to the government’s proposals to change the fees charged for UK visa applications and the second relates to the Home Office extending their online support service for small and medium sized businesses (SMEs) who need to recruit skilled overseas workers.* ## UK Government Proposes Changes to UK Visa Immigration Fees & Charging Last week, the written ministerial statement in relation to UK immigration fees and charging was laid in the House of Commons by the Immigration Minster Mark Harper and in the House of Lords by Lord Taylor of Holbeach. These [changes](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/276026/ImmigrationFeesChargingResponse.pdf) are in relation to the fees charged for visas, immigration and nationality applications and associated premium services. If these changes are approved by Parliament, the new fees will apply from April 2014. Some fees for premium services overseas will apply from 31 March 2014. ## Proposed Changes Improve UK Visa Services for Applicants The Home Office has reported that the proposals increase most fees by 4% including short term visit visa and will allow them to improve their customer service and enable them to offer the following premium services: - A 3-5 days priority visa service costing £100; - A priority settlement application service for a fee of £300; - A super priority visa service for £600, which will expedite the application process to the shortest period possible; - Appointments outside of office hours for a fee of £50; and - Offering a passport passback service at more locations, which will be charged at £40 per applicant. ## Extension of Online Support Service for UK Businesses Last year in September, we reported that UK Visas & Immigration (formerly part of UKBA) joined in partnership with the Greater London Authority (GLA) and launched a 3 month pilot to provide online support to SME’s. The online pilot has now been extended and will now end on 28 February 2014. The scheme is aimed at SME’s who need to recruit skilled international employees to help build their business and a toolkit of information has been made available through GLA’s website. The toolkit includes a simple overview of the process of sponsoring an overseas worker, a best practice guide and some frequently asked questions with access to expert help from the Home Office for complex or queries. --- # Increase in UK Tier 1 Investor Visas Issued to Chinese Nationals Source: https://immigrationandvisasolicitors.co.uk/increase-uk-tier-1-investor-visas-issued-chinese-nationals/ *[Last week it was reported](https://web.archive.org/web/20170308150103/http://www.telegraph.co.uk:80/news/politics/10599403/Rich-Chinese-flock-to-UK-on-investor-visas.html) that there was a surge in the number of UK visas issued to wealthy foreigners from outside the EU; in particular to Chinese nationals who were arriving in the UK with a Tier 1 Investor visa. It has been reported that the number of wealthy business people taking advantage of the investor visa programme increased by a quarter with 171 wealthy Chinese nationals applying for a visa in 2012/13. This is an increase of 80% on the previous year. The investor visa allows nationals from outside the EEA to live in the UK while investing in UK companies.* ## Increase of Tier 1 Investors Issued to Wealthy Nationals The rise in investor visas issued to Chinese nationals comes after David Cameron visited Beijing last month on a trade trip and encouraged Chinese entrepreneurs to invest in the UK. Speaking to a group of businessmen and women, [he stated](http://www.dailymail.co.uk/news/article-2546599/Boom-British-visas-given-wealthy-Chinese.html): 'If you are investing in Britain, invest more. 'If you are thinking of investing in Britain, come and find us. You will get a warm welcome.' It also seems that Russian nationals are becoming increasingly successful, with 125 people entering the UK between June 2012 and June 2013 with investor visas. Statisitcs show that investor visas jumped from 423 in 2011-12 to 530 in 2012-13 and in addition to the 530 investor visas, 1,038 visas were issued for applicants' dependents. ## Advantages of UK Tier 1 Investor Visa The UK continues to be an attractive destination and a safe haven for global millionaires due to historical links and benefits of a stable, liquid economy, political stability and being largely free from government interference in private individual assets. The UK Tier 1 Investor route has become attractive due to the fact that the applicant does not need to show evidence of maintenance nor demonstrate that they meet the English language requirements. The visa can be granted for three years and individuals can switch into this category whilst already present legally in the UK. If an applicant is successful under the points-based system, they are allowed to bring dependants (children under 18 years of age, a husband, wife, civil partner, or unmarried or same-sex partner) to the UK, as long as they are given entry clearance or permission to stay (known as ‘leave to remain’). ## UK Tier 1 Investor Visa: Long Term Benefits The route has been designed to allow high net worth individuals to make a substantial financial investment in the UK and such investors are rewarded for their financial contribution by having an escalated route to Indefinite Leave to Remain (ILR): For those individuals investing the amount of £1 Million, they may be eligible for ILR after five years (provided that they have invested £1,000,000 in the UK). However if an individual has the amount of £5 million (money of their own) under their control in the UK, they are able to apply for ILR after the investment has been in place for three years. In addition to this, if an individual has the sum of £10 million (money of their own) under their own control, they are be able to apply for ILR after the investment has been in place for at least two years. ## Successful UK Tier 1 Investor Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1 Investor visa application (and applications for your dependants) step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 1 Investor visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Welsh ‘Illegal Workers’ Arrested in UK Home Office Immigration Raids Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-raids-welsh-illegal-workers-arrested-home-office-enforcement-team/ *The Home Office has reported today that two suspected immigration offenders have been arrested in Wales, following immigration raids by their immigration enforcement team. Immigration raids by the Home Office are beginning to become more common in recent news as reports reveal that the Home Office have taken a harsh stance towards those suspected of living and working illegally in the UK.* The Home Office are also toughening up on UK business owners who are employing migrants from outside the EEA and intend to toughen civil penalties for businesses employing illegal migrants once the Immigration Bill becomes law. ** ## Home Office Immigration Enforcement Team Make Arrests in Wales On 5 February 2014, the Home Office’s immigration enforcement team raided a retail clothing store in Rhyl, Wales where they arrested a 25 year old Indian national after checks revealed that he had overstayed his visa. The retail clothing store has now been served with a notice warning that they face civil penalties of up to £10,000 for employing an illegal worker. The penalty will be imposed unless proof is provided by the employer that the correct right-to-work checks were carried out. Commenting on the raid, Richard Johnson, from the Wales Home Office immigration enforcement team, stated: > “The message to employers in Wales who choose to use illegal labour is clear. We will catch you and you will face a heavy penalty.” Similarly, the Home Office’s immigration enforcement team carried out raids at Min-Y-Mart convenience store in Pencoed, Wales and arrested a 29-year-old Sri Lankan man who was discovered working in breach of his visa conditions. Both men are now in detention while steps are taken to remove them from the country. ## Home Office’s Penalties for UK Employers who Employ Illegal Workers Currently, an employer could be fined up to £10,000 for each illegal worker and/or face criminal prosecution if it fails to carry out the appropriate checks on their employees.**** The government intends to toughen civil penalties for businesses employing illegal migrants once the Immigration Bill becomes law. It should be noted that the [House of Lords will be considering the Immigration Bill](https://web.archive.org/web/20190831192224/https://www.parliament.uk/business/news/2014/february/lords-immigration-bill/) during second reading on Monday 10 February 2014. The following is a summary of these proposals: - The maximum penalty for employing illegal workers will increase to £20,000; - The way civil penalties are calculated will be simplified; - The way unpaid penalties can be enforced in the civil courts will be simplified; and - There will be measures to allow recovery of a civil penalty from directors and partners of limited liability businesses following failure to pay by the businesses. ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business and have been affected by the Home Office's raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor these migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Immigration: Mark Harper Resigns Over Illegally Employed Cleaner Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-minister-mark-harper-resigns-illegal-cleaner/ *[Mark Harper, the Immigration Minister, has resigned](https://web.archive.org/web/20140401085139/http://news.sky.com/story/1208690/immigration-minister-quits-over-illegal-cleaner) after discovering that his cleaner for his London residence did not have the correct permission to work in the United Kingdom. The Forest of Dean MP made the decision after discovering that his cleaner for his London flat did not have indefinite leave to remain in the UK. Tory MP Mark Harper's resignation comes as a hugely embarrassing blow for Prime Minister David Cameron.* ## UK Immigration Minister Mark Harper Quits Over Illegal Worker Controversy Ironically, the Immigration Minster who endorsed the ['Go Home' vans campaign](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/advertising-watchdog-bans-uk-home-office-go-home-vans-campaign-ukba-immigration/) and recently proposed harsher penalties for employers who hire illegal migrant workers has admitted today that his cleaner did not have the correct immigration permission to work in the UK and the matter has now been referred to the Home Office Enforcement Unit. Mark Harper has claimed that he had made the prerequisite checks in April 2007 when he hired the cleaner to see whether she had the correct permission to stay and work in the UK and took a copy of her passport page and a letter from the Home Office which confirmed her right to work. In the [resignation letter](https://www.gov.uk/government/news/resignation-of-mark-harper-mp), Mark Harper insisted that he was 'mindful of his financial and legal obligations' and ensured that the checks that were carried out were accordance with the Home Office regulations.  The issue of his cleaner's right to work in the UK was revisited upon his appointment as a Cabinet Minister in 2010 and further checks were also made on the cleaner in September 2012. The resignation letter explains that Mark Harper reviewed the issue again last month as he felt that it was* ''prudent to check that all my documents were in order for my cleaner. I undertook an extensive search to locate the copies of documents I had taken but unfortunately I was unable to locate them''.* He then requested the documents from his cleaner again and gave them to his private secretary who subsequently informed him that the cleaner did not have any right to work in the UK. ## Has Former Immigration Minister Mark Harper Broken the Law? The former Immigration Minister should be well aware of section 8 of the Asylum and Immigration Act in 1996 which makes it a criminal offence to employ anyone who does not have the right to live and work in the UK. The civil penalty was then introduced by the Immigration, Nationality and Asylum 2006 Act which brought in on-the-spot fines of £2,000, payable by employers for each illegal employee. It has not been explained why more thorough checks were not carried out earlier especially as the Minister has said that he believed that his position meant that he must *"hold myself to a higher standard than expected of others"*. In December 2013, the Minister criticised UK businesses' need to recruit overseas migrants and suggested that employers should pay higher wages to recruit British and EU workers. The Minister has also been leading the crusade on the Immigration Bill and the need to increase the current civil penalty from £10,000 to £20,000. A statutory instrument entitled the [Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amendment) Order 2014](https://www.legislation.gov.uk/ukdsi/2014/9780111108949/contents)  has currently been laid in draft.* * ## Will Mark Harper Be Fined for Employing Illegal Worker? It is not clear yet whether Mark Harper will have to pay the current £10,000 civil penalty for employing his cleaner and it seems that he will rely on the defence that his cleaner was self-employed or hired through an agency and only employers who hire 'employees' must pay the civil penalty. However history demonstrates that members of parliament are not immune from the immigration laws as seen in 2009 when Baroness Scotland was fined £5,000 for employing her housekeeper who was found to be an illegal migrant. --- # UK Immigration: BBC Panorama Exposes Fraud in UK Student Visa System Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-bbc-panorama-exposes-fraud-uk-student-visa-system/ *Tonight, BBC Panorama is set to broadcast ‘Immigration Undercover: The Student Visa Scandal', a programme which will highlight that UK student visas have been acquired through a network of unscrupulous immigration agents who sell forged bank documents and provide ‘stand-ins’ to sit English language exams. Undercover footage will reveal how government approved English exams are being routinely subverted with fake sitters taking spoken English exams for students; footage which has been described by Home Secretary Theresa May as “incredible”, “very shocking” and “a matter of grave concern.”* ## Undercover Footage Reveals Fraud in UK Student Visa System Statistics show that more than 200,000 UK student visas are issued abroad each year while a further 100,000 or so people in the UK get their student visas extended by the Home Office. [BBC Panorama’s investigation found](http://www.mirror.co.uk/news/uk-news/bbc-panorama-investigation-finds-english-3130112?) that for a fee, criminal immigration agents can help people get around the compulsory English language tests, even if they speak little or no English. Undercover footage taken inside government approved exam centres in East London, show candidates being replaced by ringers’ minutes before the test starts. It seems that the “fake sitters” answered written and oral papers, while the real candidates were called to be photographed as “proof” of taking the test. Shockingly, in the second half of the test, an invigilator was filmed reading out the answers to all 200 questions – meaning candidates completed the two hour test in just seven minutes. ## Home Office Suspends English Language Tests Run by ETS Following the revelations, the Home Office has suspended ETS from administering English language tests for immigration purposes. Last night, speaking on the BBC’s undercover footage, [Theresa May stated](https://web.archive.org/web/20140323162739/http://www.independent.co.uk/news/uk/crime/student-visas-acquired-by-fraud-undercover-reporters-discover-9117800.html): “We have taken action and suspended the two colleges identified in the programme. Applications made by students in the UK using the English Testing Service or associated with the colleges or immigration advisors mentioned in the programme have been put on hold pending the outcome of those investigations. All further English language tests done through ETS in the UK have been suspended.” ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. ***Immigration Undercover: The Student Visa Scandal will be broadcast at 8.30pm tonight (Monday 10 February) on BBC One***[ ](http://www.mirror.co.uk/news/uk-news/bbc-panorama-investigation-finds-english-3130112#ixzz2swKiXPe0) --- # UK Immigration Bill: Judge Warns on Deprivation of Citizenship Clause Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-bill-judge-criticises-deprivation-citizenship-clause/ *Yesterday, the House of Lords heard the second reading of the controversial Immigration Bill which includes an amendment that would dramatically expand Home Secretary Theresa May’s ability to remove citizenship. The amendment which was inserted by the Home Secretary at the last minute of the Bill’s progress through the House of Commons last month, would enable her to remove nationality even when the individual will be left stateless. Last week, an immigration judge highlighted the “appalling prospect” of a man losing his British citizenship three times, if this amendment becomes law.* ## UK Immigration Bill: Controversial ‘Deprivation of Citizenship’ Clause Theresa May’s amendment to the Bill which has been [described by Liberty](http://www.theguardian.com/politics/2014/jan/29/theresa-may-terror-suspects-citizenship-clegg-approval) as “irresponsible and unjust”, would strip naturalised British citizens of their citizenship if they are judged to present a threat to national security. Currently, Theresa May cannot revoke a person’s citizenship if it would make them stateless, so the power can only be used on dual nationals who would still have another nationality even if they lost their British citizenship. Statistics show that since the election, Home Secretary Theresa May has signed deprivation of citizenship orders for 36 people, including 20 individuals in 2013. It is interesting to note that under the Labour government, 5 people lost their British nationality. ## Immigration Judge Warns on Deprivation of Citizenship Clause Last week, the Special Immigration Appeals Commission heard Iraqi born Hilal al Jedda’s appeal. Jedda came to the UK as an asylum seeker in 1992 and automatically lost his Iraqi nationality under the law at the time when he became a British citizen. In October 2004, he was arrested by US and British forces in Iraq and was held for 3 years on suspicion of planning terrorist acts. After his release, he was deprived of his citizenship in 2007, leading to a series of legal appeals. At the appeal hearing last week, Justice Irving raised the “appalling prospect” of Jedda potentially regaining his citizenship by successfully arguing he had been made stateless – and then being stripped of it yet again under the new legislation. ## Successful UK Naturalisation/British Citizenship Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a naturalisation/British citizenship application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Bill: NLA Respond to Mark Harper’s Resignation Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-bill-nla-respond-mark-harpers-resignation/ *The [Immigration Bill](https://web.archive.org/web/20210121124548/https://services.parliament.uk/Bills/2013-14/immigration/documents.html) contains a number of measures to deal with illegal immigration but the key proposal from the point of view of landlords, is that it will become illegal (subject to certain exceptions) to grant an illegal immigrant a periodic tenancy, a tenancy with a term of less than 21 years or a licence of a lodging arrangement. This imposes a duty on landlords to take reasonable steps to ensure that the tenant is lawfully in the UK. However, Richard Lambert, CEO of the National Landlord’s Association, has today warned that Mark Harper’s resignation has highlighted just why landlords are “rightly nervous” about the new immigration laws being introduced.* ## Requirements for Private Landlords to Verify Immigration Status The UK government’s idea is to make it compulsory for private landlords (or letting agents) to check whether a tenant’s migration status is valid via various documents before they rent their property to them – in a similar way companies have to make checks on prospective employees. Landlords and lettings agents will need to retain records of these checks. Critics of the proposed legislation believe that checking immigration status of prospective tenants is not a simple or straightforward matter. For example, difficulties will inevitably arise in cases where individuals still have historic outstanding applications, where the Home Office has their documentation, as will be the case when people make valid extension or leave to remain applications and do not have biometric cards or where individuals have biometric cards but a decision on their application has not been made so it is not possible to ascertain what leave they may be entitled to from the card. ## Statistics: 1 in 5 Landlords Confident in Ability to Conduct Checks Correctly Research conducted by the Association of Residential Landlords shows that only one in five landlords feel confident in their ability to conduct the checks required by the proposed law, correctly. Speaking on this matter, [Richard Lambert, CEO of the National Landlords Association released a statement on NLA's website:](https://web.archive.org/web/20150424044230/http://www.landlords.org.uk/news-campaigns/news/you-couldnt-make-it-nla-respond-harper-resignation) > *“Landlords are rightly nervous about having the responsibility for verifying an individual’s right to remain within the UK thrust upon them, and this unfortunate situation demonstrates exactly why that is. Whether Mark Harper would or would not have fallen foul of his own policy, he is right to say that, as the Immigration Minister, he should hold himself to a higher standard.* > > > *If he could not reach the right conclusion on an individual’s immigration status, even after months immersed in the detail, what chance do landlords have of getting it right, especially when they’ll need to verify their tenants’ status regularly? You simply couldn’t make it up.* > > > *The NLA said from the start that the system must be simple, straightforward and easy for landlords to use and understand. The Government must look again at what it is asking and give some serious reassurance to landlords across the UK that they won’t be punitively penalised should they find themselves in a similar situation of doing almost nothing wrong.”* ## Legal Advice for Illegal Migrants/Overstayers in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. If you have received correspondence from Capita, it is advisable that you seek immediate legal advice before enforcement action is taken against you by the Home Office. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # James Brokenshire Renews Immigration Concession for Syrian Nationals Source: https://immigrationandvisasolicitors.co.uk/james-brokenshire-renews-immigration-concession-syrian-nationals/ *The Minister for Immigration, James Brokenshire, has [today announced](https://www.gov.uk/government/speeches/renewal-of-immigration-concession-for-syrian-nationals) a further renewal of concessions to the immigration rules for Syrian nationals lawfully in the UK. These concessions will remain in force until 28 February 2015. The UK government recognises the ongoing Syrian conflict in Syria and has decided that the Home Office should continue to operate some discretion to enable Syrians who are legally in the UK, to extend their stay here.* ## Syrian Nationals Given Permission to Apply In Country Syrians nationals who are in the UK with valid leave (or leave which has expired within the last 28 days) in specified visa categories can continue to apply to extend their stay in that visa category or switch into a different specified category from within the UK rather than having to return to Syria and making the application from there. In order to apply, Syrian nationals will still need to meet the Home Office requirements for the visa categories in which they intend to apply (note that this is only specified categories and does not include all). The Minister for Immigration, James Brokenshire has stated in his written ministerial statement that if Syrian nationals are unable to access documents to support their applications due to the conflict in Syria, the Home Office may apply its discretion and may, if appropriate, waive the requirement to provide those documents. ## Successful Visa Applications for Syrian Nationals in UK If you are currently a Syrian national in the UK with valid leave and you wish to extend your leave in your current visa category or switch into a different specified category, contact our expert legal team for a consultation. Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Raids: Officers Arrest Suspected Illegal Workers Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-officers-raid-arrest-suspected-illegal-workers/ *In [immigration raids  across North East England today](http://www.chroniclelive.co.uk/news/north-east-news/suspected-illegal-staff-arrested-takeaways-6709031?), the Home Office immigration team has conducted raids on takeaways and have arrested and detained suspected illegal workers. Immigration raids by the Home Office are beginning to become more common in recent news as reports reveal that the Home Office have taken a harsh stance towards those suspected of living and working illegally in the UK.* The Home Office are also toughening up on UK business owners who are employing migrants from outside the EEA and intend to toughen civil penalties for businesses employing illegal migrants once the Immigration Bill becomes law. ## UK Takeaways Raided for Suspected Illegal Workers The Home Office's immigration enforcement team visited premises across the North East as they targeted illegal workers in Newcastle and Northumberland. The following are the results of the co-ordinated operation by the immigration enforcement team: - Four Bangladeshi men were arrested at Ashiana, Front Street; three of the men were in the UK illegally and the fourth had no permission to work in the UK; - A 35 year old man from China was found to be working illegally at China Village, The Square, and was arrested; - Two Bangladeshi men aged 18 and 33 were arrested after checks revealed they were in the UK illegally; and - Two Bangladeshi mean aged 35 and 47 were also arrested for being in the UK illegally at Bombay Nights. Those who were arrested are now being detained and face being deported out of the UK. ## UK Businesses Fined for Employing Illegal Workers The business owners who were found to be employing the suspected illegal workers, now face fines of up to £10,000 for each illegal worker and/or face criminal prosecution if it transpires that they failed to carry out the appropriate checks on their employees. Ashiana faces a fine of up to £40,000, £10,000 for China Village, £20,000 for Shiraz and £20,000 for Bombay Nights. The government intends to toughen civil penalties for businesses employing illegal migrants once the Immigration Bill becomes law. The following is a summary of these proposals: - The maximum penalty for employing illegal workers will increase to £20,000; - The way civil penalties are calculated will be simplified; - The way unpaid penalties can be enforced in the civil courts will be simplified; and - There will be measures to allow recovery of a civil penalty from directors and partners of limited liability businesses following failure to pay by the businesses. ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business and have been affected by the Home Office's raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor these migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Immigration: Deported Congolese Nationals Face Torture Upon Return Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-deported-congolese-nationals-face-torture-upon-return/ *Last week, the newspaper the [Observer were passed a top secret document](http://www.theguardian.com/uk-news/2014/feb/16/congo-torture-asylum-seekers?) which is circulating among senior police and security chiefs in the Democratic Republic of Congo (DRC) which suggests that failed asylum seekers may face torture on their return to their home country. Reports by various human rights agencies show that in all areas of DRC, state security forces are continuing to act with impunity, committing many serious human rights abuses including unlawful killings, disappearances, torture, rape, engaging in arbitrary arrests and detention. However, it now seems that despite concerns of these human rights abuses, the Home Office are continuing to detain dozens of Congolese nationals for removal.* ## Top Secret Document Orders Torture of Failed Asylum Seekers The document leaked to the Observer and circulated by the Congo’s ministry of interior, instructs security chiefs to track down and arrest those who oppose the current government. Once detained, the document suggests that torture could be used with “discretion.” The document calls for authorities to target political activists living in the UK and other parts of the UK who are deported to the Congolese capital, Kinshasa. The document states: > “The treatment reserved for these people is clear: torture and other things must be done with the greatest discretion. These orders must be carried out flawlessly.” ## Rise of Congolese Nationals being Detained & Removed by UK Home Office A [report by Justice First](https://web.archive.org/web/20160329090248/http://justicefirst.org.uk/category/publications/), a UK charity assisting asylum seekers in the UK, monitored 11 Congolese nationals who were forcibly removed to DRC for a period up to September 2013. They found that 9 of the returnees had been detained of whom 8 were imprisoned and two died (one died after being beaten by Congolese officials). The Observer interviewed a Congolese national currently detained in Yarl’s Wood Immigration Detention Centre who is 5 month’s pregnant. She stated: > "I won't survive if they send me back. I was arrested last week when I went to sign on in Cardiff. Another young pregnant Congolese woman arrived here this week. There are six women from Congo here altogether and we are all very scared about what will happen to us if the British government sends us back home." ## Contact us for a successful UK Asylum application Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Increase of Chinese Students Moving to London to Study in Art Schools Source: https://immigrationandvisasolicitors.co.uk/increase-chinese-students-moving-london-study-art-schools/ *[Last night, the Evening Standard newspaper](http://www.standard.co.uk/news/london/chinese-students-have-designs-on-londons-leading-art-schools-9133867.html) reported that record numbers of Chinese students were moving to London to study fashion, design, music and film with many of them then **going on to setting up their own brand labels or working for some of the world’s best known fashion houses including Vivienne Westwood, John Galliano, Alexander McQueen, Swarovski and Dior. Statistics released by **the Higher Education Statistics Agency (HESA) show that Chinese students enrolling in art and design programmes have increased by more than 150% in the last 5 years. This has been attributed to London's world class universities and international reputation for creative excellence.* ## Chinese Students Enrolling in UK Art & Design Programmes Soar UK's figures come as 8 Chinese designers, 7 of whom studied in London take centre stage at the International Fashion Showcase, organised by the British Fashion Council as part of London Fashion Week. Business studies still remains the most popular subject that draws exceptional Chinese students to world class centres of learning such as the London School of Economics and Political Science. However, in London creative arts have now overtaken more traditional subjects such as engineering, technology and mathematics to become the second most popular course studied by Chinese students. This has led to [Kevin McCarthy, head of Education and Culture at London & Partners stating](http://www.business-standard.com/article/pti-stories/massive-increase-in-chinese-students-studying-fashion-in-uk-114021701301_1.htmlv): > "In the last 10 years, we have seen a consistent rise in Chinese students studying at London's top universities. The number of Chinese studying arts and design has risen a staggering 158 per cent over the last five years, with the UAL, which encompasses six top art schools, experiencing extremely large rises." ## Chinese Students Choosing London for Creative & Design Programmes There are now more than 12,000 Chinese students in London, making up the biggest group of international students in London, followed by those from America and India. The University of the Arts London, which includes the Central St Martins School of Arts and Design, London college of Fashion, Chelsea College of Arts and Camberwell College of Arts have been the major inheritors, seeing 100 per cent increase in the number of Chinese students in the past five years. Min Wu, a former pupil of London College of Fashion grew up in Shanghai and completed a MA in Fashion Design. She now has her own fashion label. She states: > “I chose London because it’s got the best fashion schools. I've been here three-and-a-half years. I think there’s a lot of good examples. People come here, do their fashion MA and they become designers. These fashion students really want to be one of them so they come here.” ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # EU Immigration: UK Government Restricts EU Migrants Access to Benefits Source: https://immigrationandvisasolicitors.co.uk/eu-immigration-uk-government-restricts-eu-migrants-access-benefits/ *This morning, Iain Duncan Smith, Secretary of State for Work and Pensions, [announced](http://www.bbc.co.uk/news/uk-politics-26254735) that European migrants coming to the UK will have to show they are earning at least £150 a week for three months before they can access a range of benefits.  Iain Duncan Smith has decided that from March, all EU migrants will have to reach this threshold in order to qualify for "worker" status, supposedly in line with HMRC's definition of a worker. This comes as the latest in a number of attempts to restrict migrants from EU countries access to benefits. The minimum earning threshold, which was first announced by Prime Minister David Cameron last year, will come into force on 1 March 2014.* ## UK Government's Restriction on EU Migrants Access to Benefits Iain Duncan Smith has stated that from next month, all EU migrants in the UK will have to reach the £150 threshold in order to be eligible for “worker” status. The announcement comes as David Cameron has rejected claims by Archbishop of Westminster Vincent Nichols that the government's wider welfare reforms are leaving people in "destitution". The earnings threshold will be set at the level at which people start paying national insurance: £149 a week in 2013-14, and £153 a week in 2014-15. The £150 threshold is equivalent to working 24 hours a week at the national minimum wage. Anyone with earnings below that threshold will face a fuller assessment of whether their work was "genuine and effective", with the possibility of being denied worker status. Those individuals who have been defined as workers according to the Department for Work & Pensions rules, will be able to claim child benefit and child tax credit, jobseeker’s allowance if they lose their employment, and housing benefit. ## Iain Duncan Smith: Benefits Reforms Ensure 'Fair System' Discussing his reasoning behind the reforms, Secretary of State for Work and Pensions, [Iain Duncan Smith stated:](http://www.theguardian.com/uk-news/2014/feb/19/eu-migrants-welfare-benefits-earnings) "These reforms will ensure we have a fair system – one which provides support for genuine workers and jobseekers, but does not allow people to come to our country and take advantage of our benefits system. The British public are rightly concerned that migrants should contribute to this country, and not be drawn here by the attractiveness of our benefits system." Despite his comments, statistics show that only 2% of people currently claiming jobseeker’s allowance in the UK are EU migrants. ## EU Commission: Earning's Threshold "Illegal" Under EU Law The [European Commission has warned](http://www.telegraph.co.uk/news/uknews/immigration/10648866/Earnings-threshold-for-European-migrants-to-get-benefits-illegal-under-EU-law.html) the UK Government that plans to require EU migrants to earn £150 a week for three months before they can claim benefits is almost certainly "not compatible" with the law. The Commission has made it clear that the existing case law of the EU courts suggests the "minimum earnings threshold" is against the law. Judgements by the European Court of Justice are binding on the Government and the House of Commons with previous rulings that have established the illegality of having rules that only apply to EU migrants and against defining a "worker" by income level. A spokesperson from the Commission stated: > "EU law, as confirmed by the Court of Justice's case-law, defines a 'worker' as including any person who carries out genuine and effective work for which he or she is paid under the direction of someone else," said a commission spokesman. > "The Court of Justice's case law makes clear that part-time workers, trainees and au pairs can be classified as 'workers', provided their activity has an economic value and is genuine and effective. This case-law makes clear that a definition of a worker according to the amount he or she earns is not compatible with EU law." --- # Lord Bilimoria Calls for Easing of UK Immigration Rules for Students Source: https://immigrationandvisasolicitors.co.uk/lord-bilimoria-calls-easing-uk-immigration-rules-students/ *Last week, NRI entrepreneur Lord Karan Bilimoria spoke of his concern that the UK's immigration rules for students are causing Indian students to turn away from the UK. The entrepreneur, has called for the UK government to ease the UK's visa rules for Indian students and to remove students from immigration cap. Lord Bilimoria has also recommended that the UK **reintroduce the Post Study Work visa route which was abolished in April 2012.* Last year in November, we reported that the [Times of India](http://timesofindia.indiatimes.com/world/uk/Visa-regime-shrinks-number-of-Indian-students-visiting-UK/articleshow/25095361.cms) had analysed data held by HESA Student which revealed that between 2010-11 and 2011-12, over 10,000 fewer Indian students travelled to the UK to pursue a post graduate degree. This decline was attributed to tough immigration laws. ## Lord Bilimoria: UK Should Ease Visa Rules for Indian Students Lord Bilimoria spoke of his concerns during a debate on the Immigration Bill in the House of Lords, London.  He stated: > “The Prime Minister (David Cameron) talks about Britain having to take part in a global race yet the government's insistence is on following this madcap immigration cap policy and targeting bringing down the immigration level to the tens of thousands. This is shooting ourselves in the foot."  Lord Bilimoria suggested that student figures should be removed from the immigration figures so that it sends out a message that they are not amongst the “government’s madcap immigration cap target." He went on to recommend that there should be a "system in which everyone's passports will be scanned in and out of the country, at all ports of entry." ## Lord Bilimoria Recommends Removing Student Migration Limit In his recommendations,[ Lord Bilimoria was critical of the government's immigration cap](https://web.archive.org/web/20140608101345/http://www.travelbizmonitor.com:80/nri-entrepreneur-lord-bilimoria-for-easing-uk-visa-rules-for-indian-students-23198) and believed that students should be removed from this. He stated: > “What are the government thinking of? Why does the government keep including student numbers in the immigration figures when Canada, Australia and the United States - our immediate competitors - do not? The Prime Minister has said that there is no limit to the number of students that we want to come to study in the UK.” ## Successful UK Tier 4 Student Visa Applications & Appeals If you are a student wishing to come to the UK to study, our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Married Couple Face Separation after UK Visa Refusal Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-married-couple-face-separation-uk-visa-refusal/ *In [news reports today](https://web.archive.org/web/20140304192229/http://www.edp24.co.uk:80/news/i_do_not_want_to_be_separated_from_my_husband_east_norfolk_couple_facing_immigration_battle_1_3344441), it has been reported that a married couple from Norfolk may be separated from each other after an immigration judge ruled against their immigration appeal. Arlene, a Philippines national met Stephen Watty, a British national in 2010 and have since been together. Arlene who arrived in the UK on a student visa, made an application for leave to remain which was subsequently refused by the Home Office. After appealing the decision, an Immigration Judge has now dismissed the appeal leaving the couple at a cross roads.* ## UK Immigration Appeal for Leave to Remain Dismissed After arriving in the UK on a student visa, Arlene made an application for leave to remain on the basis of her marriage to Stephen Watty, a British national. The application was subsequently refused by the Home Office and the couple appealed the decision. Two weeks ago, an immigration judge dismissed the appeal and stated that sending Arlene back to the Philippines would not be “disproportionate or unjustifiably harsh” and if the couple wish to remain together they could leave the UK and relocate to Philippines. The judge’s decision has now sparked an outcry and more than 400 people have signed a petition backing the Newport couple in their struggle against deportation. The couple have received support from their neighbours and Stephen Watty has vowed to “do anything to keep [Arlene] here.” ## British Citizen Faces Separation from Philippines Wife Speaking on the possibility of separation from Arlene, Stephen Watty stated: “Today I've got an incredible wife, I've the respect of the local community, I run my own business and I have two cars in the driveway…To then be told that your country doesn't want you, it’s a kick in the stomach.” Arlene now faces returning to her home country so she can make an application to join her husband in the UK again. The couple believe that this could be a lengthy process and will cause them to be separated from each other. ## Successful UK Spouse Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a an application for entry clearance so you can join your British partner in the UK or a leave to remain in the UK application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Changes to Visa Fees Will Deter UK Business Visitors Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-changes-visa-fees-will-deter-uk-business-visitors/ *Dr Adam Marshall, the executive director of policy from the [British Chambers of Commerce](http://www.britishchambers.org.uk/), has today conveyed his concerns that the Home Secretary’s plans to increase UK visa fees may deter business visitors to the UK. At the beginning of this month, [we reported](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/uk-home-office-update-visa-fees-smes-support-service/) that the Home Office had announced proposals to increase most visa fees by 4% including short term visit visas which they believe will allow them to improve their customer service and enable them to offer premium services. However, these proposals have been met with apprehension by the business community who fear that additional costs will deter business visitors from coming to the UK.* ## Home Secretary Theresa May to Dramatically Increase UK Visa Fees According to [government figures](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/276026/ImmigrationFeesChargingResponse.pdf), maintaining the UK’s immigration system currently costs approximately £1.75bn per annum, approximately half of which is recovered through fees from applications and services offered by the Home Office. Theresa May is now seeking to increase visa fees dramatically to help to plug a £50 million hole in the Home Office budget. The plan, revealed in leaked documents, may provoke a fresh row with Downing Street who has made boosting students and business visits to Britain a priority. Increase to visa fees is likely to affect groups such as overseas students, who currently pay at least £80 when applying for a six-month visa to the UK. ## Increase in UK Visa Fees ‘Unacceptable’ - UK Business Community Dr Adam Marshall from the British Chambers of Commerce has spoken out against the Home Secretary’s proposals and has told the [Huffington Post UK](http://www.huffingtonpost.co.uk/2014/02/24/theresa-may-visas-cost-_n_4845571.html?utm_hp_ref=tw): > “Piling additional costs on the business community is an unacceptable way to plug a hole in the Home Office budget. Both exports and inward investment depend on simple and cost-effective access to visas. Higher costs will deter business visitors, and could result in cancelled or delayed business deals. > > This is exactly the wrong signal to send to the business community when we are focusing all our efforts on getting into new markets across the globe. If the Home Office has a budget gap, it should look to trim its own expenses before adding further to the already-high cost of doing business here in the UK.” ## Successful UK Student & Business Visitor Visas  Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Migration Advisory Committee Propose £2.5m ‘Premium’ UK Visa Source: https://immigrationandvisasolicitors.co.uk/uk-migration-advisory-committee-propose-2-5m-premium-uk-visa/ *The UK’s Migration Advisory Committee (MAC), the government’s economic advisors, have [today suggested](http://www.huffingtonpost.co.uk/2014/02/25/visa-ebay-uk_n_4851673.html?) that wealthy foreigners should be offered the chance to bid for fast track settlement in the UK by entering an annual auction for 100 “premium” visas starting at £2.5m. We reported last month that Professor Sir David Metcalf, chairman of MAC, was keen for new ways to be devised for the UK to benefit from the visa system. Last year, the Committee were asked to consider whether the Tier 1 investment thresholds were appropriate to deliver significant economic benefits for the UK, in particular the minimum £1m threshold required under this category.* ## Migration Advisory Committee Criticises Current UK Tier 1 Investor Visa Route The government’s immigration advisors, have criticised the current Tier 1 Investor visa route under which wealthy foreigners from outside the EEA can make investments of £1m to £10m in Gilts in return for a faster route to settlement in the UK. Once applicants invested the requisite funds, they then received permission to apply for permanent residence in two, three or five years. Under this route, spouses and dependents of wealthy foreigners were also granted leave. ## Migration Advisory Committee Recommends Changes to UK Tier 1 Investor Visa Route [MAC has suggested](http://www.theguardian.com/uk-news/2014/feb/25/uk-visa-sale-wealthy-bidder?) a sealed bidding process, made up of a compulsory £2m investment plus a £500,000 donation to a “good causes funds” to be distributed among schools, hospitals and charities. Under Sir David’s plan, the existing £1m investor route would be raised to £2m, but the £5m and £10m visas would be scrapped to make way for the premium visa. In return for their financial outlay, successful premium bidders would receive the right to settle permanently in the UK in two years instead of five years and would only need to spend 90 days a year instead of 180 days in the country to qualify. ## High Net Worth UK Immigration: Tier 1 Investor Visa The Home Office currently has a welcoming stance towards rich ‘high net worth’ migrants whilst deterring those deemed to be ‘low quality migrants.’ Since the introduction of the Points Based System in 2008, to 2013 Q2 (quarter), 1,470 entry clearance visas were granted for Tier 1 Investor main applicants. Latest immigration statistics released by the Home Office reveal that in the four quarters to 2013 Q2, the total number of Tier 1 Investor visas issued to main applicants were 1,706 compared to 10,749 visas issued to Tier 2 General migrants (those who are sponsored by UK employers). The statistics also show that in the four quarters to 2013 Q2, 576 applications were made for entry clearance visas by Tier 1 Investor main applicants and 55 (or 9.5%) were refused. ## Successful Visa Applications for High Net Worth Migrants Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Investor Visa application](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) or [Tier 1 Entrepreneur Visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also provide expert legal advice on UK Visitor's Visas. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # House of Lords Told Tough UK Immigration Rules Cause STEM Shortages Source: https://immigrationandvisasolicitors.co.uk/house-lords-told-tough-uk-immigration-rules-cause-stem-shortages/ *Today, the recruitment agency representative group, Recruitment & Employment Confederation (REC), [have reported](http://www.shout99.com/contractors/showarticle.pl?id=78701) that they have submitted evidence to the House of Lords Science and Technology Committee on international STEM graduates and the problems which the current immigration rules cause in terms of trying to place them in suitable roles. We reported last month that the House of Lords Science and Technology Committee would be investigating whether the current immigration laws were preventing international students from choosing to study in the UK.* ## Current Immigration Laws Cause Shortage of Skilled Graduates in the UK After gathering data from various sources, REC concluded that recent immigration changes have made it difficult for recruiters to place skilled graduates and more experienced staff, into “flourishing” STEM fields such as engineering, IT and life sciences. REC believe that this results in many roles going unfilled and companies cannot expand which in turn prevents the creation of other jobs for UK workers. According to REC’s latest survey, recruiters across the UK reported that engineering was the most in demand sector for both permanent and temporary roles. Since February 2013, engineering topped the list nine times and ranked in the top five in demand sectors a total of 12 times. ## Concern that UK Companies Cannot Hire Much Needed Skilled Graduates In submitting evidence to the House of Lords Science and Technology Committee, REC have conveyed their concern that the current immigration laws have become problematic for recruiters. [Gillian Econopouly, Senior Policy Consultant at REC stated:](https://web.archive.org/web/20140829205948/https://www.rec.uk.com/news-and-policy/press-releases/rec-provides-evidence-to-house-of-lords-on-stem-shortages-and-immigration) > "Despite the economic evidence, UK companies cannot hire and retain the skilled graduates they need, even though many of them have completed relevant UK degrees. The Government’s drive to cut immigration figures has led to scrapping key STEM visa routes like the Highly-Skilled Migrant/Tier 1 General Visa, and the Post-Study Work Visa. > > "While clients (although not recruiters) can still apply to become visa sponsors for migrants in Tier 2 General (the old ‘Work Permit’ route), many are unwilling to risk the time, cost and effort of going through a complex process without the guarantee of being able to hire at the end. And recruiters’ hands are similarly tied, as they cannot place candidates without a valid visa. > > "Even where visas are granted, there are strict limits on how long skilled graduates can remain in the country. A new 'cooling-off period' for those who have completed a Tier 2 visa means they have to return to their home countries for at least 12 months before applying to come back to the UK – despite the fact that British companies are often desperate to hire them." ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # New ONS UK Immigration Statistics Show Increase in Net Migration to UK Source: https://immigrationandvisasolicitors.co.uk/new-ons-uk-immigration-statistics-show-increase-net-migration-uk-2/ *[Figures released today by the Office for National Statistics (ONS)](http://www.ons.gov.uk/ons/rel/migration1/migration-statistics-quarterly-report/february-2014/index.html), revealed that net migration – the difference between migrants leaving and coming to the UK – rose to 212,000 in the year to September 2013, from 154,000 during the preceding 12 months. It now seems that Prime Minister David Cameron and Home Secretary Theresa May’s pledge to cut net immigration to below 100,000 a year has been undermined. The Home Office's data tables containing immigration statistics can be viewed [here](https://www.gov.uk/government/statistics/tables-for-immigration-statistics-october-to-december-2013).* ## Rise in Net Migration: What the Figures Show The Office for National Statistics figures on net migration reveals that: - There was an estimated net flow of 212,000 long-term migrants to the UK in the year ending September 2013, a statistically significant increase from 154,000 in the previous year; - 532,000 people immigrated to the UK in the year ending September 2013, not a statistically significant difference from 497,000 the previous year; - 60,000 more EU citizens and 25,000 fewer non-EU citizens immigrated to the UK than the previous year; - 320,000 emigrants left the UK in the year ending September 2013. This is not a statistically significant difference from the 343,000 in the previous year. 12,000 fewer British citizens, 6,000 fewer EU citizens and 5,000 fewer non-EU citizens emigrated; and - 209,000 EU citizens immigrated in the year ending September 2013, a statistically significant increase from 149,000 the previous year. 40,000 more EU citizens arrived for work than the previous year, another statistically significant increase. ## Increase in Grants of Tier 2 Work Visas & Student Visas ONS figures reveal that in 2013 there were increases in grants of work visas (visas (+9,750, including + 4,777 short term skilled workers) and of study visas (+9,024, with increased applications for the university sector) granted to migrants from outside the EEA. Despite these figures, it seems that the [number of people arriving from non-EU states fell significantly](https://web.archive.org/web/20140304075634/http://news.sky.com:80/story/1218264/net-migration-to-uk-rises-by-60000-in-a-year) to 244,000 in the period, down from 269,000 the previous year. The ONS said this was due to fewer New Commonwealth citizens - such as those from India - migrating to the UK for formal study. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # ‘Restrictive’ UK Immigration Policy is Shutting Door on Professionals Source: https://immigrationandvisasolicitors.co.uk/restrictive-uk-immigration-policy-shutting-door-professionals/ *In news reports today, recruiter Randstad has spoken out on the UK government's current 'restrictive' immigration policy and has stated that companies in the UK need to recruit 80,000 more accountants by 2050 to meet the needs of the rising population levels. It seems that current immigration laws have driven down the size of the industry’s qualified workforce. Randstad's concerns come days after we reported that Recruitment & Employment Confederation (REC) submitted evidence to the House of Lords Science and Technology Committee that recent immigration changes to immigration policy made it difficult for recruiters to place skilled graduates and more experienced staff, into “flourishing” STEM fields such as engineering, IT and life sciences.* ## 'Tough' UK Immigration Policy Driving Workforce Down Randstad are of the opinion that, in order to support the predicted UK population, there needs to be 101,000 accountants in the UK if it were to meet the long term requirement of employing 156,000 accountants by 2050. Data analysis by Randstand now shows that this is unlikely to happen as there has been a 19% decrease in the number of qualified accountants. Statistics show that there are now just 76,000 qualified accountancy professionals in the UK compared to 94,000 in 2008. Speaking on the figures, T[ara Ricks, managing director of Randstad stated](http://www.ibtimes.co.uk/uk-economy-needs-80000-more-accountants-visa-restrictions-are-driving-workforce-down-1438325): > "In a complex global economy, talented, ethical and committed professionals have never been more highly valued," said Tara Ricks, managing director of Randstad. The UK has shut the door on the skill-sets that the financial and professional services sectors need and a key part of people's professional fulfilment– the opportunity to work abroad is starting to become a thing of the past." ## UK Visa Restrictions Causing Skills Shortage in UK It seems that due to UK's visa restrictions, UK finance professionals are increasingly attracted to opportunities that take them to emerging markets in Singapore and Shanghai, further draining the talent pool. Data collated by Randstad show that membership of NZICA UK, the UK branch of the New Zealand Institute of Chartered Accountants, has shrunk 12% over the last five years – from 2,304 in September 2008 to 2,023 in September 2013. There has also been a drop in the number of South African accountants working in the UK - from roughly 4,880 in 2013 to just 2,760. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Joint Committee On Human Rights Express Concern on ‘Statelessness’ Source: https://immigrationandvisasolicitors.co.uk/uk-joint-committee-human-rights-express-concern-statelessness/ *This morning, the Joint Committee on Human Rights (JCHR), [published a report](https://web.archive.org/web/20210417092417/https://publications.parliament.uk/pa/jt201314/jtselect/jtrights/142/14203.htm) which focuses on the Government's clause added to the Immigration Bill concerning the deprivation of UK citizenship. As the Government's Immigration Bill enters committee stage in the House of Lords, JCHR expressed it's fears that the main purpose of the power to deprive citizenship is to target naturalised Britons while they are abroad. * Last month, [we reported](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/uk-immigration-bill-judge-criticises-deprivation-citizenship-clause/) that Theresa May’s amendment to the Bill which has been [described by Liberty](http://www.theguardian.com/politics/2014/jan/29/theresa-may-terror-suspects-citizenship-clegg-approval) as “irresponsible and unjust”, would strip naturalised British citizens of their citizenship if they were judged to present a threat to national security. Currently, Theresa May cannot revoke a person’s citizenship if it would make them stateless, so the power can only be used on dual nationals who would still have another nationality even if they lost their British citizenship. ## JCHR Raise Fears on 'Deprivation Clause in Immigration Bill It seems that JCHR accepts that the power in clause 60 to deprive a naturalised citizen of their citizenship (even if it renders them stateless), does not in legal terms involve any breach by the UK of its obligations under the UN Conventions on Statelessness. However, it may lead to increase in statelessness which could represent a change of position in the UK's human rights policy. [In the report, JCHR](https://web.archive.org/web/20161202050324/http://www.parliament.uk/business/committees/committees-a-z/joint-select/human-rights-committee/news/report-on-immigration-bill/): - expresses surprise at the Government’s refusal to inform Parliament of the number of cases in which the existing power to deprive of citizenship has been exercised while the UK citizen is abroad, or of the number of cases in which the Secretary of State’s decision was taken wholly or partly in reliance on information which in the Secretary of State’s view should not be made public.   Parliament is entitled to know this information in order to assist it to reach a view as to how the new power is likely to be exercised in practice; - considers that there was time to hold a public consultation on the controversial new power in clause 60 which would have made for better informed parliamentary scrutiny of the Government’s proposal; - is not persuaded that there are sufficiently weighty reasons to justify the new power being made retrospective, and recommends that the Bill be amended so as to prevent it having retrospective effect; and - is concerned about the impact of the new power on children and recommends an amendment to the Bill which requires the Secretary of State to take into account the best interests of any child affected when deciding whether to make a deprivation order under the new power. ## 'Disappointing' to see Change in UK Human Rights Policy Dr Hywel Francis, the chair of the joint committee on human rights, [stated](http://www.standard.co.uk/panewsfeeds/fears-raised-over-statelessness-9165871.html): > "The new power will lead to an increase in the number of stateless people and exposes British citizens to the risk of being left stateless. As the supreme court recently said, statelessness is an 'evil': it takes away the right to have rights. > > The power does not in itself put the UK in breach of any of its international obligations in relation to statelessness but it does pose the risk of breaching our international obligations to other states. We are particularly concerned about the power being used when citizens are abroad. Parliament needs more information about how similar powers have been used in the recent past and assurances about how this power will be used in the future." ## Successful UK Naturalisation/British Citizenship Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a naturalisation/British citizenship application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Academics Protest Over Immigration Checks on Overseas Students Source: https://immigrationandvisasolicitors.co.uk/uk-academics-protest-immigration-checks-overseas-students/ *Last week, more than 160 academics wrote to the Guardian to protest at being used as an extension of the UK border police, after universities came under more pressure to check the immigration details of students. In a letter published by the Guardian yesterday, academics expressed their concern that universities were being used as ["proxy border police"](http://www.timeshighereducation.co.uk/news/universities-acting-as-extension-of-visa-authorities/2011739.article) and stated their belief that this was undermining the autonomy and academic freedom of UK universities and trust between academics and their students." The letter calls for UK, EU and non-EU students to be treated and valued equally and calls for an end to the use of pastoral care as a “mechanism” for monitoring international students.* ## Home Office's 'Rigorous' Immigration Checks Undermine Student's Trust The group of academics noted in their letter that since London Metropolitan University had its Tier 4 Sponsorship licence revoked in 2012 (and reinstated the following year), universities have been "preoccupied with managing accountability demanded by UK Visas and Immigration (formerly the UK Border Agency), and, in effect, have become its proxy." It seems that teachers are being asked to monitor student's attendance at their institutions and in some cases, share emails with UKVI. This has led to Mette Berg, of the Institute of Social and Cultural Anthropology at Oxford University [stating](http://www.theguardian.com/education/2014/mar/02/universities-border-police-academics): > “We have a duty of care towards our students, and there is an issue about this undermining the trust between tutor and student. We are not there to be proxy border police." ## Academics Object to Home Office's Rigorous Immigration Checks [The group of 160 academics have stated their objections to the actions of universities which](http://www.theguardian.com/education/2014/mar/02/checks-on-students-undermine-trust): - Use mechanisms of pastoral care, such as monitoring of student attendance and meetings with tutors, as mechanisms for monitoring non-EU students, or so-called Tier 4 visa holders, on behalf of UKVI. - Treat UK/EU and non-EU students differently with regard to determining their ongoing academic standing. - Construct and deploy systems of monitoring and surveillance such as biometric scanning systems and electronic signing-in mechanisms to single out non-EU students. - Agree to monitor behaviours that may be unrelated to academic endeavour, and allow this data to be used by UKVI in determining the supposed legitimacy of non-EU students. ## Successful UK Tier 4 Student Visa Applications & Appeals If you are a student wishing to come to the UK to study, our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Government Withholds Report on Impact of Migration on UK Workers Source: https://immigrationandvisasolicitors.co.uk/uk-government-withholds-report-impact-migration-uk-workers/ *This morning, [it was reported](http://www.theguardian.com/uk-news/2014/mar/04/government-blocks-immigration-report-british-jobs) that Downing Street **have blocked publication of a politically sensitive report that shows the impact of immigration on the job prospects of British workers is well below that claimed by ministers. The cross governmental report suggests "displacement" - the number of British workers unemployed as a result of immigration - is well below the figure used by ministers of 23 for every 100 additional migrants. It has been suggested that the report was completed last year but has not been released amid concerns that it could prove politically awkward. * ## Immigration Report Challenging Impact on UK Jobs 'Blocked' by Government Ministers, in particular Home Secretary Theresa May, have repeatedly cited research in 2012 by the Migration Advisory Committee (MAC) which concluded that "for every additional 100 immigrants … 23 British workers would not be employed". It now seems that the government's report which remains hidden from the public, contradicts that and instead new official research now shows that 87% or 367,000 of the 425,000 new jobs in the UK economy in the past year went to British workers. Only 54,000 of the extra jobs in the economy, or 13%, went to foreign nationals. Speaking on BBC Newsnight last night, [Liberal Democrat MP Julian Huppert stated:](http://www.yorkpress.co.uk/news/national/news/11053329._/?) > "It's obvious that this report should be published as quickly as possible. We have to have the right figures, so we can make the right decisions, so that we get the best people here to help our economy." ## New Statistics "Radically Different" from MAC's 2012 Report The new study by civil servants is much less pessimistic than the Migration Advisory Committee's 2012 report which was published after the number of British workers in jobs fell by 166,000 and foreign nationals in UK jobs rose by 166,000. [David Hanson](http://www.dailymail.co.uk/news/article-2573535/Effect-immigration-unemployment-smaller-previously-claimed-Theresa-May.html), Shadow Immigration Minister believes that government should not be keeping their own research hidden and the report should be published immediately. > "The British people should have information made available to them so they can make a judgment about the impact of immigration on jobs. This should be done on the basis of fact not more empty rhetoric or spin from the government," he said. > > > "We need an open, calm and fact based debate on the impact of immigration and this should be facilitated by the government and not made harder." ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: UK Government Publishes Report on Impact of Migration Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-uk-government-publishes-report-impact-migration/ *This afternoon, after a wave of criticism, the [government finally published a controversial report](http://www.huffingtonpost.co.uk/2014/03/06/immigration-uk-report_n_4910123.html?utm_hp_ref=tw) on the impact of migrants on British jobs - adding to a coalition row over immigration policy. Yesterday, [we reported](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/uk-government-withholds-report-impact-migration-uk-workers/) that Downing Street were blocking the publication of the politically sensitive report which revealed the impact of immigration on the job prospects of British workers is well below that claimed by ministers. The joint Home Office and Business Department report acknowledges that the impacts of migration on the UK are complex and wide-ranging, affecting economic, social and cultural aspects of life in the UK. The report, which was compiled by government analysts, concludes that there is "little evidence" migrant workers have a "statistically significant" impact on jobs of British workers, especially when the economy is strong. * ## Government Report: Impacts of Migration on UK Native Employment The analysts state that although it was difficult to predict the impacts of future migration on native employment with any great degree of certainty, they were able to make an informed judgement based on existing evidence to provide the following conclusions: - There is relatively little evidence that migration has caused statistically significant displacement of UK natives from the labour market in periods when the economy has been strong. However, in line with some recent studies, there is evidence for some labour market displacement in recent years when the economy was in recession. - Displacement effects are also more likely to be identified in periods when net migration volumes are high, rather than when volumes are low – so analyses that focus on data prior to the 2000s are less likely to find any impacts. In addition, where displacement effects are observed, these tend to be concentrated on low skilled natives. - This suggests that the labour market adjusts to increased net migration when economic conditions are good. But during a recession, and when net migration volumes are high as in recent years, it appears that the labour market adjusts at a slower rate and some short-term impacts are observed. - To date there has been little evidence in the literature of a statistically significant impact from EU migration on native employment outcomes, although significant EU migration is still a relatively recent phenomenon and this does not imply that impacts do not occur in some circumstances. - The evidence also suggests that where there has been a displacement effect from a particular cohort of migrants, this dissipates over time – that is, any displacement impacts from one set of new arrivals gradually decline as the labour market adjusts, as predicted by economic theory. [Read full report on Impacts of Migration on UK Native Employment here.](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/287287/occ109.pdf) --- # Centre for Entrepreneurs Report: Migrants Behind 1 in 7 UK Companies Source: https://immigrationandvisasolicitors.co.uk/centre-entrepreneurs-study-migrants-behind-1-7-uk-companies/ *This week a report published by Centre for Entrepreneurs and business information experts DueDil, has shown that migrant entrepreneurs have set up one in seven UK companies, with people born abroad almost twice as likely to start a business in the UK. According to the report, nearly half a million migrants from 155 countries have settled in the UK and launched businesses. In addition to this, it seems that companies founded by migrants are responsible for 14% of all jobs. This has led to analysts stating that the report highlights the positive impact migrants have made on the UK's economy.* ## Valuable Migrant Entrepreneurs are Net Contributors to UK Economy Data compiled by Centre for Entrepreneurs and DueDil (founder and CEO of DueDil), shows that migrant entrepreneurs in the UK are from almost every country, although there are significant representations from Ireland, India, the US, Germany and China, as well as African countries. The following is a summary of the think tank's findings: - There are 456,073 migrant entrepreneurs in the UK; using ONS September 2013 figures, this indicates 17.2% of migrant wokrers have launched their own business, compared to 10.4% of UK nationals in employment; - There are 464,527 active UK companies with migrants as founders or co-founders; with a total of 3,194,981 active UK companies (not including sole traders), migrant entrepreneurs are behind 1 in 7 of all UK companies; and - Examining companies with £1m - £200m turnover, companies founded by migrants that report employee numbers to Companies House, employ 1.16m people. This accounts for 14% of jobs in that segment of the economy. ## Migrant Entrepreneurs Report: "Migrants Tend to be Highly Entrepreneurial" Luke Johnson (Chairman of Centre for Entrepreneurs) and Damian Kimmelman state the following in the report: > "While popular perceptions of immigration involve migrants arriving in the UK to take jobs and depress wages, migrants actually tend to be highly entrepreneurial. Many want to launch businesses and create jobs. Many come here with specific plans that they can realise in Britain’s business-friendly environment. As we map our economic future, we can no longer afford to ignore such an important source of economic dynamism. > The current tone of hostility towards immigration – even within mainstream political debate – could prove damaging for future job creation in the UK, especially in high-growth entrepreneurial sectors. Instead, we should appreciate that migrant entrepreneurs have overcome significant challenges to develop enterprises in the UK. In many respects, the odds have been stacked against them. Yet they still thrive and triumph." ## Successful Tier 1 Entrepreneur Visa Applications & Appeals Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Entrepreneur visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: Liberal Democrats Reveal New Immigration Policy Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-liberal-democrats-reveal-new-immigration-policy/ *Last weekend, at the Liberal Democrats Spring conference in York, Nick Clegg discussed the party's [new immigration policy](http://d3n8a8pro7vhmx.cloudfront.net/libdems/pages/4138/attachments/original/1392840151/116_-_Making_Migration_Work_for_Britain.pdf?1392840151) which is intended to ensure that "migration works" and helps deliver a stronger economy and a fairer society." Among key measures, the Lib Dems acknowledge that international students contribute nearly £13 billion to our economy and instead of deterring them, the UK should aim to increase their numbers. In addition, the Lib Dems spoke of the current immigration rules restricting the ability of some British citizens to live in the UK with their partner and families and recognized that this was causing friction in migrant communities who were affected by family separation, of husbands and wives, and from elderly parents living in their home countries.* ## New Lib Dems Immigration Policy: Key Measures The Lib Dems have stated that they are committed to the following measures: - Increasing number of international students by taking them out of net migration target; - Allowing foreign graduates in science, technology, engineering and maths (STEM) take up a skilled job in the UK for up to three years after graduating; - Re-examine the current financial threshold for family reunification; Lib Dems propose to ask the Migration Advisory Committee to reconsider the minimum income threshold for a spouse to come to the UK; - Relax current immigration rules so that migrants bringing elderly relatives to the country should be allowed to do so where they are able to maintain and accommodate them without recourse to public funds; and - Propose introduction of a ‘grandparents’ super visa’ that would allow grandparents to visit for a period of up to two years on condition of an actuarially-calculated health levy. ## Relaxing UK Immigration Rules for Elderly Relatives of British Citizens The current immigration rules state that relatives must demonstrate that they as a result of, “age, illness or disability, require long-term personal care to perform everyday tasks e.g washing, dressing and cooking…[and are] ..unable even with the practical and financial help of a sponsor to obtain a required level of care in the country where they are living…”. Since their implementation, the rules have been criticized by those who believe that it is "impossible to succeed in this visa category" and many "fit and healthy grandparents" would not be able to make a successful visa application therefore depriving British citizens (including children) from reuniting with family. The [Lib Dems recognised](http://www.theguardian.com/politics/blog/2014/mar/08/lib-dem-spring-conference-clegg-qa-immigration-debate-and-danny-alexanders-speech-politics-live-blog) that this has resulted in the number of migrants entering via this route relatively low. Less than 2,000 entered in 2012, and this number has been falling steadily since 2007. The Lib Dems have now stated their intentions to put simpler entry rules in place so as to relax requirements in this category. ## Successful Elderly Dependent Visa Applications & Appeals Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a visa application step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa refused, contact us to discuss your case so that we can provide you with a case assessment.   --- # UK Immigration Case Note: High Court Rules on ‘Good Character’ Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-note-high-court-rules-good-character/ *Recently, the High Court published an important decision in an application for Judicial Review of the Secretary of State’s decision to refuse naturalisation on grounds of ‘good character’. In Hiri v Secretary of State for the Home Department [[2014] EWHC 254 (Admin)](http://www.bailii.org/ew/cases/EWHC/Admin/2014/254.html), the Administrative Court ruled that a decision to deport a former serving British soldier to Botswana because of a speeding conviction was legally flawed and ordered Home Secretary Theresa May, to reconsider her decision in accordance with the law. The case, which was heard last month, provides insight into how the Secretary of State must approach assessments of an applicant’s character by reference to immigration policy.* ## Hiri v Secretary of State for the Home Department: Facts of the Case Hiri, aged 33, is a national of Botswana who served four years in the British armed forces and remains in the reserves. In November 2011, he was convicted after he was filmed on a traffic camera travelling at 81mph in an area where there was a temporary 50mph speed limit. He was driving on the M1 near Swinford, Leicestershire, at 1.21am after leaving Ripon barracks, North Yorkshire, to begin Easter leave. Hiri was unaware of the temporary speed limit and he was not aware that he had exceeded the 70 mph speed limit. In December 2011, Hiri was advised by his commanding officers that as a citizen of Botswana who was serving in the British Army, he would be at risk of prosecution and confiscation of his passport if he returned. In February 2012, he made an application for naturalisation which was subsequently refused in May 2012. The reason for refusal was that the Home Office was not satisfied that he met the 'good character' requirement for naturalisation because of his speeding conviction which would not be 'spent' under the Rehabilitation of Offenders Act 1974 until 17th November 2016. After requesting reconsideration of the decision and applying for asylum, which is still pending, Hiri made an application for Judicial Review which was heard before the High Court last month. ## High Court: Home Office Must Consider All Aspects of Applicant's Character The Learned Judge, Justice Lang, stated that the Home Office's decision in May 2012, indicated that the assessment of Hiri's character was based entirely upon the fact that Hiri had an unspent conviction; there was no reference to any other aspect of his character and background. At paragraph 35 of the judgement, Justice Lang stated: > "In my judgment, in deciding whether an applicant for naturalisation meets the requirement that "he is of good character", for the purposes of the British Nationality Act 1981, the Defendant must consider **all** aspects of the applicant's character. The statutory test is not whether applicants have previous criminal convictions – it is much wider in scope than that." [The judge ruled](http://www.theguardian.com/uk-news/2014/feb/18/soldier-deportation-botswana-speeding-offence-poloko-hiri) that the Home Secretary was "entitled to adopt a policy on the way in which criminal convictions will normally be considered by her caseworkers, but it should not be applied mechanistically and inflexibly". She added: "There has to be a comprehensive assessment of each applicant's character, as an individual, which involves an exercise in judgment, not just ticking boxes on a form." ## Successful UK Naturalisation/British Citizenship Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a naturalisation/British citizenship application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Sick US Husband of British National Deported from UK Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-sick-us-husband-british-national-deported-uk/ *A British mother [has spoken out today](http://www.dailymail.co.uk/news/article-2578149/Mother-forced-bring-daughter-US-husband-asked-leave-UK-cancer.html), against the Home Office's decision to deport her husband from the UK on the basis that he was a "burden on the taxpayer". Lorraine Marx, 56, from Chidham, West Sussex, stated that the decision to remove her husband Ralph Marx from the UK, would force her to raise their 10 year old daughter alone. After Ralph Marx was diagnoised with acute lymphoblastic leukaemia, the Home Office ruled that he had become a burden on the taxpayer - despite having private health cover - after the NHS billed him for the emergency cancer treatment he had received. * ## 'Harsh' Immigration Rules Separate British Wife & Child from US National Lorraine and Ralph Marx married in 2001 but Ralph did not apply for residency status in the UK which meant that he was allowed to stay in Britain for only six months at a time, but his work for an international company meant he often travelled abroad on business so the limit was not an issue. However, his cancer diagnosis and hospital treatment meant he was at risk of over-staying his visitor status. Therefore, in 2012, Ralph made an application to the Home Office to remain in the UK on the basis of his family life which was subsequently rejected. Ralph returned to America and made another application which was refused again on the basis that he would become a burden on the tax payer. A judge upheld the family's appeal in January, but the Home Office is contesting the decision. ## UK Home Office Accused of Keeping 'Decent, Taxpaying Family Apart' Lorraine Marx, a former Royal Navy chief petty officer spoke out against the Home Office's decision: > "I was stunned when the Home Office rejected Ralph’s application. We’d tried so hard to be positive, and after Ralph had been so sick it was almost too much to bear...We’ve provided every document they’ve ever asked for and abided by all the rules. > > > With all the major issues the Government has to tackle, I can’t believe they are working so hard to keep a decent, taxpaying family apart. It can’t benefit anyone. The only person I’ve managed to speak to at the Home Office asked why we don’t just go and live in America. But this is our home. I’ve paid hundreds of thousands of pounds in taxes over the years and never received a penny in  benefits. I understand that my husband is not entitled to any support – we’ve never asked for any." ## Successful UK Spouse Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a an application for entry clearance so you can join your British partner in the UK or a leave to remain in the UK application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Government Makes Changes to Points Based System Work Routes Source: https://immigrationandvisasolicitors.co.uk/uk-government-makes-changes-points-based-system-work-routes/ *Today, James Brokenshire, UK's Immigration Minister, has laid out a written ministerial statement in the House of Commons in which he announced a "package" of changes to the UK's Points Based System work routes. The government have announced that the changes to the Immigration Rules are intended to improve flexibility for applicants and help to boost economic growth. The written ministerial report can be read [here](https://www.gov.uk/government/speeches/statement-of-changes-in-immigration-rules--7?), the Home Office's press release can be read [here](https://www.gov.uk/government/news/immigration-businesses-will-benefit-from-help-to-recruit-internationally?) and the full Statement of Changes to the Immigration Rules can be read [here](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/289857/HC_1138_EM_Web_Accessible.pdf?utm_content=buffer94a99&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer). For the ease of our readers, we will summarise some of the changes in this article.* ## Summary of Changes to UK Immigration Rules The following are some of the changes to the Points Based System work routes: - ****Tier 1 Exceptional Talent Visa Route: this category will now be extended to include leading talent in the digital endorsed by Tech City UK, as well as making it easier for applicants in this category to apply from overseas, and to count time spent in other immigration categories towards qualifying for settlement. - Tier 1 Graduate Entrepreneur Visa Route: this scheme is to be made more flexible and simpler by removing the ring fencing of places for MBA graduates and the current restrictions on participants graduation dates; - Tier 2 Visa Route: there will now be grants of leave for up to five years at a time, rather than a maximum of 3 years at a time as at present. Changes to Tier 2 requirements are also to be applied to Croatian nationals; - Ending the exemption from the genuineness test that applies to nationals on this list when applying for a Tier 4 Student visa; and - New visa category for overseas government sponsored language teachers under the Tier 5 Government Authorised Exchange route. ## James Brokenshire: Plan is to Build Stronger, More Competitive Economy The Immigration Minister, James Brokenshire has stated that the changes to the Immigration Rules are intended to help UK businesses employ skilled international workers as well as supporting the government’s long term economic plan to build a stronger, more competitive economy. He stated: > “These changes today will ensure that the UK remains competitive in attracting global talent to work for British businesses, so that we can succeed in the global race. > > “We are building an immigration system that works in the national interest as part of our long term economic plan. One that is fair to hard-working British citizens and legitimate migrants and tough on those who break the rules or flout the law.” ## Successful UK Points Based Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1, Tier 2, Tier 4 or Tier 5 application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a points based visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: House of Lords Committee Raises Concerns With Bill Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-house-lords-committee-raises-concerns-bill/ *Last week, the House of Lords Constitution Committee published its [report](https://web.archive.org/web/20201205015620/https://publications.parliament.uk/pa/ld201314/ldselect/ldconst/148/148.pdf) on the provisions of the Immigration Bill which is currently being considered by a committee of the whole House. The bill makes provision for a variety of aspects of immigration law; the report draws three clauses of the bill to the attention of the House. Here, we will discuss the three clauses namely Clause 11 (Appeal Rights), Clause 14 (Article 8 of the ECHR: public interest considerations) and Clause 60 (Deprivation of Citizenship).* ## Clause 11 of UK Immigration Bill: Appeal Rights This clause involves a "significant streamlining of appeal rights in respect of immigration decisions" by reducing the grounds on which appeals can be made against decisions of the Secretary of State. The Immigration Bill intends to slash the number of grounds on which migrants can lodge an appeal from the current 17 to just 4. Currently, a right of appeal is expected to exist only where the decision is said to be ‘complex and fact-specific.’ The Government's policy is that where there is no right of appeal, there may be an administrative review. The House of Lords Constitution Committee state in their report that it is "disturbing" that a high proportion of immigration appeals to the Tribunal currently succeed (indicating that many adminstrative decisions may be wrongly made). In 2012-13 50% of entry clearance appeals succeeded, as did 49% of managed migration appeals and 32% of deportation appeals. The Committee is of the opinion that given this record, it may be questioned whether administrative review will be sufficient. ## Clause 14 of UK Immigration Bill: Public Interest Factors Clause 14 sets out in primary legislation what the public interest factors are in immigration decisions that engaged Article 8 of ECHR, namely the right to private and family life. This clause provides guidance to the courts and tribunal on what they must consider when assessing proportionality in an Article 8 case. Within clause 14 there are specific provisions concerning foreign criminals. The clause provides that the maintenance of effective immigration controls is in the public interest because migrants are less of a burden on tax payers and are better able to integrate into society. The Committee is of the opinion that the clause is a "constitutional innovation" in that it seeks to define what the public interest factors are in immigration decisions that engage Article 8. Courts have to balance the public interest against individual rights under Article 8. ## Clause 60 of UK Immigration Bill: Deprivation of Citizenship Clause 60 would remove the restriction on the Secretary of State’s ability to rescind a naturalised British citizen’s UK citizenship if to do so would make him or her stateless. [Last week](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/uk-joint-committee-human-rights-express-concern-statelessness/), the Joint Committee on Human Rights (JCHR) published a report in which they expressed their fears that the main purpose of the power to deprive citizenship is to target naturalised Britons while they are abroad. As such the committee raised a number of questions on clause 60, including: - Is it intended that the power be exercised only in respect of naturalised  citizens who are not in the United Kingdom? - What would happen to any naturalised citizen in the United Kingdom who is made stateless by the exercise of the power? Would such a person be able to work / be housed / have access to healthcare, etc? - What would happen to any dependants of a person who is rendered stateless by the exercise of the power? - Should the new power be exercisable not by the Secretary of State but by a court on the application of the Secretary of State? *The Committee's concerns have now been put forward to the House of Lords. The Committee stage will take place on 17 March 2014.* --- # UK Immigration Case Study: Tier 4 (Points Based) Student Visa Success Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-study-tier-4-points-based-student-visa-success/ *The Tier 4 Student visa route under the Points Based System (PBS) is open to **international students who wish to come to the UK to study and experience life and culture in the UK. The UK is seen as a popular destination for international students and is well respected for world class standards of teaching - four of the top six universities in the world are in the UK (2012 QS World University Rankings). **Last year, the Institute for Public Policy Research (IPPR) published a *[*report*](http://www.ippr.org/files/images/media/files/publication/2013/11/Britain-wants-you_Nov2013_11534.pdf)* **which revealed that international students bring in around £13bn to the UK’s economy and generate almost 70,000 jobs. In addition to this, recent statistics released by the Office for National Statistics (ONS) revealed that the Home Office saw a rise in the number of applications for the university sector. * Our Immigration Team were recently instructed to represent a client, who was lawfully residing in the UK as a Tier 4 Student and wanted to extend his leave in the UK under this category. Our client had a long history of association with the UK including a number of student visas over the last 10 years. Our ImmigrationTeam prepared and submitted our client's application with the requisite supporting documents and received news recently that he had been granted leave to remain. Our client is now intending to make an application for Indefinite Leave to Remain based on his long residency in the UK. ## UK Tier 4 Student Visa: An Overview International students from outside the EEA, can apply for a Tier 4 Student visa to study in the UK if they are over 16 and meet the eligibility requirements which include being offered a place on a course, having the ability to speak, read, write and understand English and having enough finances to support themselves and pay for the course. ## Increase of Chinese Students Moving to London to Study in Art Schools [We reported last month](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/increase-chinese-students-moving-london-study-art-schools/) that a record number of Chinese students were moving to London to study fashion, design, music and film with many of them then going on to setting up their own brand labels or working for some of the world’s best known fashion houses including Vivienne Westwood, John Galliano, Alexander McQueen, Swarovski and Dior. Min Wu, a former pupil of London College of Fashion grew up in Shanghai and completed a MA in Fashion Design and now has her own fashion label. She states: > “I chose London because it’s got the best fashion schools. I've been here three-and-a-half years. I think there’s a lot of good examples. People come here, do their fashion MA and they become designers. These fashion students really want to be one of them so they come here.” ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # “Linguistically Obtuse” Businesses Could Benefit from Migrant Workers Source: https://immigrationandvisasolicitors.co.uk/linguistically-obtuse-businesses-benefit-migrant-workers/ *In [news today](https://web.archive.org/web/20160801003953/http://realbusiness.co.uk:80/article/26026-linguistically-obtuse-exporters-could-benefit-from-migrant-language-skills), Jim Hart the CEO of export firm Europlus Direct and translation business One Global, has spoken about how t*he language skills of migrants from Eastern Europe and beyond can benefit Small and Medium Enterprises (SMEs) in the UK. In an interview with *Real Business, a SME website dedicated to high-growth businesses and entrepreneurs, Jim Hart suggested **that basic common sense should allow people to see that skilled migrants can benefit the economy.* ## UK Businesses Rely on Migrants Language Abilities It is understandable that in order to do business overseas, UK businesses should employ workers who have the ability to speak different languages. Last December, [Jim Hart spoke to the Telegraph](http://www.telegraph.co.uk/finance/festival-of-business/10532454/Soapbox-SMEs-are-missing-out-on-export-sales-because-they-cant-communicate-in-other-languages-says-Jim-Hart.html) and stated his belief that British firms were missing out on overseas business because they took the view that everyone spoke English and they could always communicate successfully in this language. He stated: > "The SMEs that aren't taking languages seriously are dabbling in exports and they will never crack it properly unless they commit to it. If you are going to seriously target the French market, for example, you really need to have a French speaker in your offices, ideally a French native language speaker." Therefore, businesses trading internationally do rely on migrant worker's language abilities, cultural knowledge and understanding of overseas markets. Jim Hart gave Romanians as an example who are "recognised for their strong aptitude in languages among them French, Italian, Spanish and German." ## Jim Hart: International Languages Essential for UK's Future Economic Opportunities It seems that up to 40% of university language departments will close within a decade. The top ten languages identified as the most essential for Britain’s future economic opportunities are Spanish, Arabic, French, Mandarin Chinese, German, Portuguese, Italian, Russian, Turkish and Japanese. This has led to Jim Hart highlighting the importance of migrant workers in the UK: > “If our own resources therefore can be seen as inadequate for ambitious exporters why not take advantage of those with well-established language learning practices? If immigrants are sufficiently well-educated and qualified then they can certainly add to Britain’s ability to export and so making use of these linguistic resources would seem a very sensible option.” ## UK Sponsorship Licence Solicitors & Work Visas for Foreign Workers Obtaining a UK Sponsorship licence is far from a straightforward process involving referencing not only the immigration rules but also supplementary guidance notes. Together with this issue is ensuring that the bundle of supporting documents meets the Home Office's stringent requirements and properly evidences the application. For this reason it is usual for a professional employer to instruct expert immigration sponsorship solicitors to manage this process. There is currently no appeal process against any decision made by the Home Office with respect to Sponsorship Licences, so any problems against any decision made by the Home Office would involve costly and lengthy legal action for Sponsors. It is therefore imperative that you instruct professional solicitors who specialise in obtaining sponsorship licences and will guide your business step by step through the process involved in not only obtaining a sponsorship licence but also complying with ongoing requirements vis a vis sponsorship duties. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your eligibility in obtaining a UK Sponsorship Licence and to find out more about your [duties once you are a Sponsor](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/ukba-uk-sponsor-licence-sponsorship-home-office-duties-work-permits/). If you wish to obtain a visa to work in the UK, our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. --- # UK Immigration: Is UK’s ‘Prohibitive’ Visa Scheme Deterring Tourists? Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-uks-prohibitive-visa-scheme-deterring-tourists/ *[This morning](http://www.wttc.org/news-media/news-archive/2014/uk-needs-open-its-doors-wider-capture-travel-tourisms-economic-p/), World Travel & Tourism Council (WTTC) warned the government that the current immigration policy is inhibiting tourism in the UK. WTTC, an organisation which works to raise awareness of travel and tourism, believes that the UK is wasting the economic opportunity presented by travel and tourism and suggests that the government needs to change its approach and policies; including freezing Air Passenger Duty (APD) and aligning its procedures with the Schengen visa area to simplify access to the UK for travelers.* ## WTTC: UK Losing Out on Potential Visitors to UK [This morning](http://www.telegraph.co.uk/finance/newsbysector/retailandconsumer/leisure/10706775/Visa-policies-and-high-air-taxes-are-inhibiting-Britain.html), WTTC published its 2014 Economic Impact Report for the UK which reveals that the direct contribution to GDP from travel and tourism will slow this year to 2.5% after having grown by 3.4% in 2013. WTTC's analysis has led to them stating that the UK's “prohibitive” visa regime for tourists and the Government’s inertia over vital infrastructure projects are “seriously damaging” the economy. They have highlighted policies such as Air Passenger Duty and the visa processing system for Chinese visitors and believe that this shows that the UK government is not taking the tourism industry “seriously enough”. Commenting on the report, David Scowsill, President and CEO of WTTC stated: > “The UK is not taking the potential of Travel & Tourism seriously enough and is losing out vital income and potentially hundreds of thousands of jobs at a time when creating employment opportunities for young people is vital. A composite of issues are contributing to a quelling of demand: Air Passenger Duty I the highest air tax in the world; the Government has ruled out a lower VAT rate for hotels and restaurants; a lack of long-term planning in airport infrastructure; and restrictive visa policies. This means the UK is losing out on potential visitors to some of its European competitors, who are implementing more forward-thinking policies”. ## Managing Director of Harrods Echoes WTTC Findings [Last week](http://www.telegraph.co.uk/finance/newsbysector/retailandconsumer/10698619/Harrods-UKs-visa-rules-are-handing-our-European-rivals-an-advantage.html), Michael Ward, managing director of Harrods stated that due to the UK's tough visa rules, he has seen up to £1.2bn a year in lost sales from Chinese tourists alone, due to the time consuming process of obtaining a visa, including travelling to a biometric testing centre, and ending with the dispiriting experience of queuing at Heathrow to claim back VAT on goods bought in the UK. Michael Ward stated: > “We need to make the experience the most pleasurable it can be. We keep saying Britain’s open for business, let’s mean it. We’ve handed a competitive advantage to our European rivals. If we could get slicker we could beat the French and the Italians.” ## Successful UK Visa Applications for Visitors & Businessmen Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making visa applications to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # University Film Unveiled at Commons Encourages Chinese to Study in UK Source: https://immigrationandvisasolicitors.co.uk/university-film-unveiled-commons-encourages-chinese-study-uk/ *Yesterday, [a film produced by Sheffield University](https://web.archive.org/web/20160610092122/http://www.sheffield.ac.uk:80/news/nr/ground-breaking-film-unveiled-1.361806) was unveiled at the House of Commons which explains the student visa application process and features students from China talking about their experience of the system. The film includes **behind the scene footage at the UK Visa Application Centre in Beijing and captures a glimpse of how young people in China who wish to study in the UK go through the visa process and go on to become students in the UK. The film documents the journey of two talented Chinese students as they prepare to further their education at renowned UK universities. The film is aimed at encouraging Chinese students to choose the UK as the destination to study.* ## University of Sheffield: Film Gives 'Unprecedented' Insight into Student Visa Applications The students featured in the video, Qu Yinjiao and Lü Meng, are two of 65,000 students who applied to the British Embassy in Beijing last year to benefit from the first class education offered in the UK. The UK is a world-leader in higher education with more top-rated institutions than any other country apart from the US. It welcomes over 400,000 international students annually, responsible for pumping £7.9 billion pounds into the UK economy every year. Crucial indirect impacts include increasing the pool of employable graduates for the global knowledge economy and establishing trade and research networks between countries. Qu Yinjiao, 21, who is now studying translation and interpretation at Swansea University, stated: > "I chose to study in the UK because I am very interested in the UK’s culture, language and the important role the UK plays on an international stage. The UK is a great country which has a huge influence in major international relations and to study in the UK opens a large window to see the world and enhance your vision and knowledge." ## Talented Chinese Students Should be Welcomed to UK Speaking on the film, Professor Sir Keith Burnett, Vice-Chancellor of the University of Sheffield, stated: > "This film is extremely important for our relationship with students and families in China. Filmed in both Chinese and English, it helps applicants understand the processes involved in coming to study in the UK, and it gives us renewed respect and understanding for the huge decision Chinese families make when they send their precious children to study in the UK. > > It is important for us to show that we respect the commitment they are making, and that talented Chinese students who are so crucial to our universities and to the UK will be welcomed and treated well when they come to study with us." ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Government Introduces ‘Improved’ Visa Service in India for Migrants Source: https://immigrationandvisasolicitors.co.uk/uk-government-introduce-improved-visa-services-india-migrants/ *[Last week](https://www.gov.uk/government/world-location-news/uk-opens-new-visa-application-centres-in-mumbai), the UK government highlighted the opening of new Visa Application Centre's (VAC's) in Mumbai and Kolkata, which they hope signal their intentions to improve visa services provided to Indians wishing to come to the UK. Reports show that the new visa centres offer upgraded services with "state of the art facilities". In respect of the visa centre in Kolkata, the** British Deputy High Commissioner to eastern India****, Scott Furssedonn-Wood, [commented](http://www.business-standard.com/article/pti-stories/new-uk-visa-application-centre-opened-in-kolkata-114031900553_1.html) that there was a need for improved services due to the fact that **applications for UK visas had increased. This is in line with a recent announcement from the UK government that there will be various changes to visa centres in Australia, South Africa, Hong Kong, Italy  and Finland.* ## Indian Visa Centres Opened to Improve Customer Services for Indian Migrants to UK The Mumbai VACs, are located at Bandra-Kurla Complex and Nariman Point and intend to provide an "enhanced experience" for visa applicants in Mumbai. The UK's partnership with VFS Global has now been extended until 2019 and the government hopes that the contract will forsee major refurbishment of all VACs. Mentoring processing speed, convenience of application process and a 'fair' price are being marketed as some of the advantages the UK government hopes to provide showing that the UK is 'open for business, visitors and students.' ## Sir James Bevan: India at the 'Forefront of New Services and Improvements' Opening the new VAC in Bandra-Kurla Complex, Sir James Bevan, the British High Commissioner to India said: > "The UK already provides an excellent service to visa applicants in India. Our 13 VACs and numerous additional offerings, including our same day visa service, underline that the UK is open for business. This new contract will allow us to further improve our service here and continues to show that India is always at the forefront of new services and improvements in our offer to visa applicants. I am particularly pleased to be launching this partnership by opening the new Visa Application Centre here. Mumbai is a world class city and the new VACs demonstrate our commitment to providing a world class service." ## Successful UK Visa Applications & Appeals for Indian Migrants If you wish to come to the UK to visit, study, work or settle, our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Parliamentary Report Reveals Prejudice Against Migrants Coming to UK Source: https://immigrationandvisasolicitors.co.uk/parliamentary-report-reveals-prejudice-migrants-coming-uk/ *A [recent parliamentary report](https://web.archive.org/web/20220909033646/https://publications.parliament.uk/pa/cm201314/cmselect/cmhaff/820/820.pdf) has accused the UK government of *“*playing into the hands of those who wanted to inflame tensions” over migration. The report from parliament’s Home Affairs Select Committee has said that the UK government had nothing to counter a stream of untrue stories about migrants. The committee believe that instead of countering the lies, particularly when it comes to Romanians and Bulgarians in the media – David Cameron has rushed through the legislation to make life hard for migrants.* ## Parliamentary Report: EU Migration Statistics According to the Office for National Statistics (ONS), there was a net inflow of 212,000 long term migrants to the UK in the year ending September 2013. Mark Harper MP, then Minister of State for Immigration, stated that the Government was still working towards reducing net migration to below 100,000 by 2015. He said the UK has had a “considerable amount of progress” reducing non-EU immigration, but conceded that the UK does not have the same ability to influence EU immigration. Latest ONS figures show that said 209,000 EU citizens migrated to the UK in the year ending September 2013, up from 149,000 in the previous year. At the same time 244,000 non-EU citizens migrated to the UK in the year ending September 2013, a reduction from 269,000 in the previous year. Mark Harper said that the UK could not control how many people emigrate from the UK—320,000 left the UK in the year ending September 2013, a reduction from 343,000 in the previous year. The headline figure of 212,000 net immigration is an increase on the previous quarter (182,000 in the year up to June 2013) but not as high as the peak of 252,000 in 2010. ## EU Migrants Beneficial to UK Economy The [European Commission said](http://www.telegraph.co.uk/news/uknews/immigration/10474186/Bulgarian-and-Romanian-migrants-will-help-economy.html) in a report back in November 2013 that migrants to Britain from EU countries paid far more tax than they received in benefits so they were therefore an economic bonus. The Commission shares the opinion of many independent economists who believe that migrant workers tend to be young and active and generally contribute more in taxes than they cost in public services. In addition they bring with them many valuable skills. The Commission’s comments come after David Cameron intends to defy European law by restricting benefits to migrants from Bulgaria, Romania and other European countries. ## Successful EEA Residence & Family Permit Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Home Affairs Committee Recommends Suspending Tier 1 Investor Visa Source: https://immigrationandvisasolicitors.co.uk/uk-home-affairs-committee-recommends-suspending-tier-1-investor-visa/ *Last week, the Home Affairs Committee published a [report](https://web.archive.org/web/20220909033646/https://publications.parliament.uk/pa/cm201314/cmselect/cmhaff/820/820.pdf) on the work of the Immigration Directorate in which they recommended that the Tier 1 Investor visa route be suspended. This follows on from Professor Sir David Metcalf’s comments that there appears to be “very little benefit” of this visa route. It is interesting to note that any such suspension could be introduced on no notice and would mean that no fresh applications could be made. It has also been suggested that the suspension could apply to applications which have been submitted but not yet decided.* ## Home Affairs Committee: Suspend Tier 1 Investor Visa Route On 25 February 2014, the Migration Advisory Committee (MAC) published a report on the Tier 1 Investor visa route in which it outlined several options for reform of the investor’s route. These included raising the minimum investment threshold from £1 million to £2 million, widening the investment options to encourage alternatives to gilts and removing the ability of the investment funds to be raised by way of a loan. The Home Affairs Committee have now considered these submissions and have recommended the Home Office suspend the Tier 1 Investor visa route and seek to petition to the European Commission about the practice of EU member states “selling citizenship”. ## Advantages of UK Tier 1 Investor Visa The UK continues to be an attractive destination and a safe haven for global millionaires due to historical links and benefits of a stable, liquid economy, political stability and being largely free from government interference in private individual assets. The UK Tier 1 Investor route has become attractive due to the fact that the applicant does not need to show evidence of maintenance nor demonstrate that they meet the English language requirements. The visa can be granted for three years and individuals can switch into this category whilst already present legally in the UK. If an applicant is successful under the points-based system, they are allowed to bring dependants (children under 18 years of age, a husband, wife, civil partner, or unmarried or same-sex partner) to the UK, as long as they are given entry clearance or permission to stay (known as ‘leave to remain’). ## Successful UK Tier 1 Investor Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1 Investor visa application (and applications for your dependants) step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 1 Investor visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: ‘Strict’ UK Visa Rules Deterring Tier 1 Entrepreneurs Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-strict-uk-visa-rules-deterring-tier-1-entrepreneurs/ *This morning, our immigration team attended an event organised by Migreat, an organisation who aim to make labour force migration easier, at which they revealed a report on whether the UK immigration system was open to innovation and promising entrepreneurs. The report reveals that Home Office's statistics show that one out of every two applications for entrepreneur visas were refused, with nearly three out of four entrepreneurs failing to extend their visa in the first three quarters of 2013. Migreat's report also considers how the government's tightened immigration rules have forced many talented entrepreneurs to pursue "more achievable" options like setting up their business at home or in other countries.* ## Entrepreneur Report: 50% of Tier 1 Entrepreneur Visa Applications Refused The Tier 1 Entrepreneur visa route was introduced in 2008 with the purpose of promoting the UK as a hub for the world's most talented and brightest entrepreneurs. Statistics show that since the route was launched, demand for this visa has grown from 40 applications in 2008 to 1,321 at the end of 2013. However, it seems that as application rates have risen, so have the rejection rates: more than 50% of people were rejected last year, with 1,514 entrepreneurs turned away. Speaking on the report, [Business Secretary Vince Cable told ](http://www.huffingtonpost.co.uk/2014/03/25/migrant-enterepreneurs-uk-visa_n_5027909.html?utm_hp_ref=uk)[HuffPostUK](http://www.huffingtonpost.co.uk/2014/03/25/migrant-enterepreneurs-uk-visa_n_5027909.html?utm_hp_ref=uk): > "This is a timely report in light of the recent controversy over migrant entrepreneurs as UK job creators. It's important that we get this route right to ensure that the next migrant business success stories, like Caffe Nero or Last.fm, don't slip through the UK's fingers. We must send a clear signal that we are open to business." ## Summary of Challenges Faced by Tier 1 Entrepreneur Visa Applicants After speaking to over 60 "world-class" entrepreneurs about their experiences with the UK visa system, Migreat found that the UK's immigration policy "appears complex and strict". Migreat highlighted four consistent challenges in the obtaining of the Entrepreneur visa that could be alleviated easily, and at low cost, with the following improvements: - Returning passports more expediently to avoid the risk of applicants missing business opportunities; - Increasingly flexibility in the format of documents from Venture Capitalists and banks to reduce red tape; - Tailoring rules on timing of the funding process to match the reality of young entrepreneurs and pre-revenue startups; and - Involving third parties, such as private and institutional investors, in the genuine entrepreneurs test that is currently processed by caseworkers unfamiliar with entrepreneurial ventures. ## Successful Tier 1 Entrepreneur Visa Applications & Appeals Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Entrepreneur visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # Fines for UK Businesses Employing ‘Illegal’ Workers Up by 31% to £14m Source: https://immigrationandvisasolicitors.co.uk/fines-uk-businesses-employing-illegal-workers-31-14m/ *In [news reports today](https://web.archive.org/web/20160730022006/http://www.recruiter.co.uk/news/2014/03/fines-for-employing-illegal-migrant-workers-up-31-to-14m/), it has been revealed that UK companies who were found employing illegal migrant workers, were fined more than £14m last year; this is a 31% increase on 2012. Information data obtained by employment services provider Parasol under the Freedom of Information Act, shows that 1,822 civil penalty notices were issued to UK-based employers between January and December 2013. It is no surprise that the UK government want to toughen civil penalties against businesses employing illegal migrants and the new Immigration Bill proves this. This is part of the government’s bigger plan to make it more difficult for illegal migrants to live and work in the United Kingdom.* ## UK Businesses Need to Carry out Thorough Immigration Checks Statistics show that 1,822 civil penalty notices were issued to British employers between January and December 2013 which represents a 50% increase on the previous 12 months, when 1,216 penalties were imposed. The value of penalties issued – £14,107,750 – was up 31% on the £10,775,500 recouped by the Home Office in 2012. Speaking on the data, Derek Kelly, managing director of Parasol stated: > “These findings illustrate the heightened level of scrutiny that employers are now under when it comes to illegal working. More than ever, it’s vital that companies carry out thorough checks and follow the correct procedures when hiring foreign nationals.” ## UK Immigration Bill: Increased Civil Penalties The government intends to toughen civil penalties for businesses employing illegal migrants once the Immigration Bill becomes law. The following is a summary of these proposals: - The maximum penalty for employing illegal workers will increase to £20,000; - The way civil penalties are calculated will be simplified; - The way unpaid penalties can be enforced in the civil courts will be simplified; and - There will be measures to allow recovery of a civil penalty from directors and partners of limited liability businesses following failure to pay by the businesses. ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business and have been affected by the Home Office's raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Immigration: Report Shows Illegal Migrants in Detention for ‘Years’ Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-report-shows-illegal-migrants-left-detention-years/ *A [new report](http://www.theguardian.com/uk-news/2014/mar/27/immigration-illegal-home-office-failures-abuses-inspector-watchdog#start-of-comments) by John Vine, chief inspector of borders and immigration has today revealed that illegal immigrants and foreign offenders facing deportation are languishing in detention for months and even years because no new travel documents have been obtained for them. Illegal migrants and foreign offenders awaiting deportation are left in detention for months or even years at the cost of tens of thousands of pounds to the taxpayer, because of delays in obtaining travel documents for them. John Vine, the independent chief inspector of borders and immigration, **says a sample group of 27 foreign offenders whose cases were examined in detail by inspectors had each been locked up for an average of 563 days – more than 18 months – beyond the end of their sentences.* ## Vine Report: Home Office Locking Up Detainees for Years John Vine, the independent chief inspector of borders and immigration, says a sample group of 27 foreign offenders whose cases were examined in detail by inspectors had each been locked up for an average of 563 days – more than 18 months – beyond the end of their sentences. The Chief Inspector, John Vine, uncovered a case of an ex-offender who remained behind bars for more than three and a half years – because there was no passport to send him home with. Vine, found that detention had so far cost the taxpayer £211,032 at the rate of £164 a night. [John Vine stated](https://webcache.googleusercontent.com/search?q=cache:QeKDq40ZCUIJ:https://www.independent.co.uk/news/uk/crime/foreign-convicts-awaiting-deportation-held-in-jail-limbo-for-years-9219891.html+&cd=1&hl=en&ct=clnk&gl=uk): > "I was concerned to find that the Home Office was keeping foreign criminals, who had completed their prison sentences, in immigration detention for months or even years in the hope that they would eventually comply with the re-documentation process. Given the legal requirement only to detain individuals where there is a realistic prospect of removal, this is potentially a breach of their human rights. It is also very costly for the taxpayer." ## Deporting Foreign Nationals with ‘no right to be in the UK’ Under UK immigration law, if a deportation order has been made against a foreign national, it not only authorises their removal but also renders them liable to be held in custody until they are removed.  The general presumption is that the deportation order is in the interests of the public good and that this consideration will outweigh all other factors – unless his deportation would breach his human rights. It is understandable that a person living in the UK with no immigration status may have been here for many years such as if they were brought to the UK as a child. During this time, they may have adopted the culture and built strong relationships with settled persons. They may even have a family in the UK and as a result of many years living away from their home country may have severed ties. In these situations, these persons should seek legal advice on making their stay in the UK permanent legally. ## Legal Advice for Illegal Migrants Contacted by Capita in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. If you have received correspondence from Capita, it is advisable that you seek immediate legal advice before enforcement action is taken against you by the Home Office. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # BMA Launches Tier 4 & Tier 2 UK Immigration Visa Alert System Source: https://immigrationandvisasolicitors.co.uk/british-medical-association-bma-tier-4-tier-2-uk-visa-alert-system/ *The British Medical Association (BMA) has launched a new service alerting all their members about UK visa immigration rule changes that affect them. The visa alert system is intended to help ensure that doctors and medical students do not fall foul of UK’s increasingly complex immigration and visa rules. * ## Doctors / GPs on a Tier 2 General Migrant Visa UK immigration rules are subject to rapid change. For example, the maintenance amount for Tier 2 visa holders (the monies the same are required to show in their bank accounts) is set to increase from £900 to £945. This change will come into effect for applications made on or after 1 July 2014. Under the points based system, non-compliance with this minor change would likely result in a refusal of an application for a visa under the Tier 2 General Migrant category. ## Medical Students On A Tier 4 Student Visa Planned changes in the immigration rules will affect medical students currently on a Tier 4 visa. Those wanting to make an application on or after 1 July 2014 must meet the maintenance requirement by demonstrating that they have the amount of £1,020 in their bank accounts for each month of the course (maximum of nine months). This amount of £1,020 applies to those wishing to study in London and the requirement is reduced to £820 for those who study outside of London. If the maintenance requirement is not met, the application will be rejected by the Home Office and the application fee will be lost. BMA international committee chair Terry John commented that: > ‘Every year, we hear from doctors who have had visa applications refused for failing to meet the maintenance requirement, sometimes by amounts as small as 10 pence. Members who need to apply or reapply for visas enabling them to work for the benefit of NHS patients should sign up to our new visa alert scheme so they are not caught out.’ ## Changes set to affect Tier 4 Students & Tier 4 Sponsors The main changes, which may affect Tier 4 sponsors and students, are as follows: - *Academic Technology Approval Scheme (ATAS) Certificates:* Students on the Doctorate Extension Scheme who want to apply for leave to remain are normally required to obtain an ATAS certificate to continue with their studies, but now will not need to obtain another certificate if their course of study finishes within 28 days of the date of application. - *Genuineness test removed:* Low risks countries that are immune from the genuineness test will be removed. This means that any Tier 4 student, regardless of nationality, can be refused on genuineness grounds. We understand that although credibility testing was extended to in-country applicants from October 2013, this is yet to be implemented in practice. - *Maintenance requirement increase:* The level of funds, which a Tier 4 student is required to hold for 28 days before making a Tier 4 application, is slightly increasing. This change will not be implemented until 1 July 2014 in order to allow students extra time to obtain and maintain the necessary funds. - *New additions to the list of 'low risk countries':* Oman, Qatar, and the United Arab Emirates (the 'UAE') are being added to the list of 'low risk' nationalities, i.e. those who are allowed to submit fewer evidential documents in support of their visa applications. ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: VFS Global Providing Visa Processing Services Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-vfs-global-providing-visa-processing-services/ *It was announced last week that WorldBridge will no longer be providing services for applicants for a UK visa from the US. The visa processing service will now be provided by VFS Global. There are also a number of changes to immigration law that will come into force on 6 April 2014.* ## Change of Visa Services Expected to Cause Delays And Increase In Fees Global is currently the world's largest outsourcing and technology specialist. They will operate in a similar way to WorldBridge, although there will be notable differences. VFS, like WorldBridge will provide the ability for Applicants to obtain their visa using the visa priority service.  WorldBridge used to charge  $150 for the priority service whereas VFS will charge $170.00 for the priority service. WorldBridge priority service processing times were 3 days, however, VFS are yet to confirm the processing times for the priority service. It is expected that there will be delays in the processing times in the US during the transition of services from WorldBridge to VFS Global. ## Changes To Immigration Laws Coming Into Force on 6 April 2014: On 13 March 2014 it was announced in Parliament the following changes to the current Immigration Rules, which will come into force on 6 April 2014: Businesses employing illegal workers: - The maximum civil penalty for employing an unauthorised migrant worker will double to £20,000. The increased penalty will apply to employers who continually breach the prevention of illegal working rules. Tier 2 - Changes to minimum salary levels & job codes: - The minimum salary levels required for employees to obtain sponsorship for some roles under Tier 2 will change on 6 April 2014. Employers planning to sponsor employees after that date should check the new Codes of Practice to ensure that they meet the new requirements. - Employers should consider assigning any Restricted Certificate of Sponsorship granted already by 5 April 2014. If the Certificate is not allocated by this date, the salary for the role must meet the new revised rates. - Some Job Codes (or Standard Occupation Classification Codes) will also change on 6 April. Visa Application Fees: - The government has presented a list of fee changes for visas, immigration, nationality applications and premium services. - There is no change to the cost of a Certificate of Sponsorship, it will remain at £184. However, Tier 2 (General) and Tier 2 (Intra Company Transfer) fees will increase. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # New World Wealth Report: Tier 1 Millionaire Migrants Boosting UK’s Economy Source: https://immigrationandvisasolicitors.co.uk/new-world-wealth-report-millionaire-migrants-boosting-uks-economy-tier-1-investor-visa/ *A new report by New World Wealth has examined and revealed the top beneficiaries of high net worth individuals (HNWIs) between 2003 and 2013. The report shows that global millionaires are responding to a number of economic factors, including lower tax rates - with the United Kingdom, Singapore and the US being ranked as the top destinations. London has the most US dollar millionaires of any other city, with 339,300, followed by New York (300,100) and Tokyo (226,500).* ## New World Wealth Report: UK Top Destination For Migrating Millionaires International consultancy New World Wealth, gathered its information from a database on 120,000 affluent individuals from around the world.  The United Kingdom was found to be the top destination for migrating millionaires since 2003, with a net inflow of 114,100 millionaires. Most of these wealthy migrants were from Europe, China and India. Singapore ranked second, which has seen a net inflow of 45,000 millionaires since 2003. Third place went to the USA, with a net inflow of 42,400. Chinese millionaires topped the migration list, with most of them migrating to the United Kingdom, Hong Kong and Singapore. > “It is rather difficult to flaunt your wealth in China, so many wealthy Chinese choose to migrate,” Andrew Amoils, senior analyst of the New World wealth report, told RT. “Many go to Hong Kong, but since the special administrative district is still controlled by China, many opt to go elsewhere, often times to the United Kingdom.” ## Advantages of UK Tier 1 Investor Visa The UK continues to be an attractive destination and a safe haven for global millionaires due to historical links and benefits of a stable, liquid economy, political stability and being largely free from government interference in private individual assets. The UK Tier 1 Investor route has become attractive due to the fact that the applicant does not need to show evidence of maintenance nor demonstrate that they meet the English language requirements. The visa can be granted for three years and individuals can switch into this category whilst already present legally in the UK. If an applicant is successful under the points-based system, they are allowed to bring dependants (children under 18 years of age, a husband, wife, civil partner, or unmarried or same-sex partner) to the UK, as long as they are given entry clearance or permission to stay (known as ‘leave to remain’). ## Home Affairs Committee: Suspend Tier 1 Investor Visa Route On 25 February 2014, the Migration Advisory Committee (MAC) published a report on the Tier 1 Investor visa route in which it outlined several options for reform of the investor’s route. These included raising the minimum investment threshold from £1 million to £2 million, widening the investment options to encourage alternatives to gilts and removing the ability of the investment funds to be raised by way of a loan. The Home Affairs Committee have now considered these submissions and have recommended the Home Office suspend the Tier 1 Investor visa route and seek to petition to the European Commission about the practice of EU member states “selling citizenship”. ## Successful Tier 1 Visa Applications for High Net Worth Migrants Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Investor Visa application](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/), [Tier 1 Entrepreneur Visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) or [Tier 1 Exceptional Talent Visa application](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) step by step and limit the possibility of failure by complying with the strict letter of the law. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # Asylum Case: Mauritian Student Yashika Bageerath Deported Source: https://immigrationandvisasolicitors.co.uk/asylum-case-mauritian-student-yashika-bageerath-deported/ *Today it was revealed that Lord Justice Richards refused Yashika Bageerathi's final appeal against deportation, hours before she was due to depart Heathrow. The Mauritian student aged 19, has been held at Yarl's Wood immigration removal centre since 19 March 2014. Her immigration case has dominated headlines and even sparked an on-line petition for her stay gathering more than 175,000 signatures. * ## Facts Of The Case Yashika originally came to the UK with her mother, brother and sister in 2012 to escape a physically abusive relative, all three of them claimed asylum in the summer of 2013. Yashika was deported without her mother and two sibling as she is an adult and her case was considered separate to theirs. However, the family have been told that they all face deportation. The A-level student's mother Sowbhagyawatee Bageerathi told Channel 4 News: "Where she is going, she is worried about the life and the education. She has worked so hard here and now they want to ruin her life." ## Claiming Asylum In The UK To be [recognised as a refugee](https://www.gov.uk/claim-asylum/eligibility), you must: - have left the country you’re a national of or, if you’re stateless, the country you usually live in - be unable to go back because you fear persecution - be unable to live safely in another part of the country you left - have failed to get protection from authorities in the country you left This persecution must be because of your: - race - religion - nationality - political opinion - membership of a particular social group that puts you at risk because of the social, cultural, religious or political situation in your country - eg your gender, gender identity, sexual orientation Each case has to fit into the fundamental, some may say restrictive points of asylum law - depending how you view these points. One of the core tests is 'membership of a particular social group'. The Courts have quite clearly stated that in certain scenarios women can account for a social group that needs protection under refugee status. A turning point in immigration law happened in 1999, the law Lords issued a [judgement](http://www.bailii.org/uk/cases/UKHL/1999/20.html) in favour of two women from Pakistan. Both women had escaped from abusive husbands and argued that they feared if returned to their home country, they would be accused and convicted in a local sharia court of adultery. This would result either in stoning or public lashing,  and it was thought that the court's judgement would go in favour of the husbands simply because they were men. Their asylum claims were rejected, but the Law Lords said that was wrong. The Law Lords ruled that Pakistani women were part of a 'social group', as they were subject to ill-treatment. In this specific circumstance, abuse and domestic violence against women justified refugee protection because the state exposed the women to persecution. There has to be some kind of correlation between the abuse and how their home country functions  or more so, how it doesn't. ## Home Office: Yashika's Safety Will Be Protected A Home Office spokesman said: "We consider every claim for asylum on its individual merits and in this case the applicant was not considered to be in need of protection. "The case has gone through the proper legal process and our decision has been supported by the courts on five separate occasions." The spokesman further added that the UK government has been assured from their  Mauritian counterparts that Yashika's safety would be protected. ## Contact us for a successful UK Asylum application Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Immigration Bill: resulting in more stress and increased costs for NHS staff Source: https://immigrationandvisasolicitors.co.uk/immigration-bill-resulting-in-more-stress-and-increased-costs-for-nhs-staff/ *A group of health expert's writings in the Journal of the Royal Society of Medicine, has stated that the UK government's Immigration Bill is likely to pose "threats" to public health - resulting in more stress and increased costs for NHS staff. They suggest that the Bill will alter the access  and costs to the NHS  for visitors and temporary migrants from outside the European Economic Area. * ## Immigration Bill: 'Migrant Health Levy' The authors claim that the Conservative Party is concerned that they will lose support in favour of the United Kingdom Independence Party and want to come across tougher on immigration.  Politicians have claimed that the measures are essential to cut costs of 'health tourism' and 'abuse' by illegal migrants.  This is despite the fact that the UK benefits from health tourism and whilst immigrants make up 4.5% of the population in England, they are responsible for less than 2% of NHS expenditure. Furthermore, the Bill suggests to implement a charge ('migrant health levy'), for migrants seeking entry or leave to remain for a limited period to access healthcare - regardless of whether they hold insurance or access the NHS service during their stay. Dr Sarah Steele, co-author from Queen Mary, University of London, said: > "Healthy migrants contribute significantly to the economy, working hard and contributing to a more vibrant UK. We should not be pushing migrants away from NHS services that better their health both immediately and in the longer term.” ## Who should pay for their NHS Treatment? The[ government summarised](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/268630/Sustaining_services__ensuring_fairness_-_Government_response_to_consultation.pdf) that the following should be charged for treatment they receive in the future: - Visitors (those in the UK for less for 6 months): Will be expected to continue to pay for their treatment whilst in the UK and should be expected to have adequate travel insurance to cover any unnecessary or unexpected health needs whilst in the country. - Non-EEA temporary migrants: workers, students, family members currently have free access to the NHS. The Immigration Bill intends to amend the current rules so that permanent residence will be set as the new qualifying criteria for free NHS care for non-EEA migrants subject to immigration control. Further, temporary non-EEA migrants will be required to pay an immigration health surcharge as part of any visa application. - Illegal migrants (including failed asylum seekers liable to removal, illegal entrants and those who have overstayed their visas): Government is of the view that they should not be afforded benefits of free access to the NHS and should be continued to be charged. ## HSCIC Statistics Show Extent of NHS Reliance on Foreign Nationals Ironically, statistics from HSCIC show that professionally qualified clinical staff are more likely to be foreign nationals (14%) and the figure rises even more for doctors (26%). It seems that those who have ties to the UK through the Commonwealth provide the most employees, as well as EU and English speaking countries. These figures have led the [British Medical Association (BMA)](https://web.archive.org/web/20200114063203/https://www.bma.org.uk/) to observe that without the contribution of non-British staff, “many NHS services would struggle to provide effective care to their patients”. A spokeswoman for the British Medical Association stated: > “Overseas doctors have for many years made a valuable and important contribution to the NHS, especially in key services where there has been a historic shortage of UK-trained doctors. For many years the NHS actively encouraged overseas doctors to move to the UK, many of whom committed to a life here and have since become British citizens.” ## Successful UK Visitor Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making visa applications to the UK step by step and limit the possibility of failure by complying with the strict letter of law. If you are planning on visiting the UK or migrating to the UK and wish to know how the government’s plans affect you, please contact us so that we can provide you with comprehensive legal advice. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Hefce Figures: UK Universities Relying On Chinese Students Source: https://immigrationandvisasolicitors.co.uk/hefce-figures-uk-universities-relying-chinese-students/ *According to figures recently released by the Higher Education Funding Council of England (Hefce), universities across the country are relying on Chinese students. With 23% of students coming from China * studying masters-level degree courses and 26% of students from the UK, in the year 2012-2013. This means there are almost as many Chinese students studying full time on postgraduate courses at UK universities, as there are British students. ## International And EU Entrants Make Up 74% Of All Students Studying Masters Degrees Chinese students make up 58% of all international entrants studying maths, followed by 56% in media studies, 47% in business and management studies and 39% in engineering. The figures have shown that international and EU students make up 74% of all students who started taught masters degrees in 2012-13. Chinese national, Chang Mingwei, is studying his masters degree in management and marketing at Lancaster University. > "The UK has a long history of universities, with many around for hundreds of years. The education here is pretty good," he said. > > "The tutors really take lectures seriously. Before they give a lecture to students they prepare lots of things, compared with the tutors in China. Lots of tutors in China maybe focus their attention on their own research, and they don't care much about the students. Here the tutors pay a lot of attention to what we can learn. It's better than China." Despite the above, there has been a 1% decline in the total number of international students coming to the UK in 2013. This is due to the introduction of tougher conditions for foreign students, along with restrictions on students' right to work after graduating. ## Immigration Laws “Deterring” Indian And Pakistani  Students from UK The wider range of figures show for the first time in 29 years, there has been a fall in the number of overseas students taking higher education courses in England. With postgraduate students from India and Pakistani declining by 50% in 2013. [Ranjan Mathai, India’s High Commissioner](http://www.hillingdontimes.co.uk/news/asianspotlight/spotlight/10978016._/), has stated that visa restrictions on students’ right to work after finishing their courses is just one of the reasons international students are choosing to go elsewhere. Speaking to the The House magazine, Ranjan Mathai stated: > “Many of the students who I’ve had an interaction with feel that if they’d had a chance to pay their way by staying on for a year – which the system before allowed – then it would make their taking loans and coming to the UK for education more worthwhile, more possible. That’s one reason the numbers have gone down. ## Universities UK: UK Must Welcome International Students The drop in the number of international migrants in the UK has also caught the attention of others in the UK. [Nicola Dandridge](https://web.archive.org/web/20140504150256/http://www.hindustantimes.com/world-news/drop-in-indian-students-british-vc-hits-out-at-visa-policy/article1-1176527.aspx), chief executive of Universities UK stated: > “What is clear from this is that, if the UK wants to fulfil its potential in this growth area, it must present a welcoming climate for genuine international students and ensure that visa and immigration rules are consistent and properly communicated.” ## Successful UK Student Visa Applications for International Students Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Government Should Ease Visa Restrictions For Migrant Workers Source: https://immigrationandvisasolicitors.co.uk/recruitment-and-employment-confederation-study-uk-government-should-ease-visa-restrictions-for-migrant-workers/ *The Recruitment and Employment Confederation (REC) and KPMG jobs report published on 7 April 2014*,  has found that UK's long-term unemployed is due to lack of skills. They have found that March 2014 saw a rapid decline in the availability of candidates, with permanent staff availability falling at the sharpest rate since October 2004. A lack of skills among the UK's long-term unemployed means the Government must consider easing visa restrictions for migrant workers, according to the report. ## Government's Immigration Restrictions Holding Back UK's Economic Revival The report showed that despite vacancies continuing to increase, a shortage of qualified workers highlighted the shortage of skills required by workers. This further shows that the government's immigration restrictions is holding back the UK's economic revival. Critics have said that Britain is missing out on skilled workers from overseas, as well as an economic boost from tourism because of its complex and costly visa regime. > REC Director of Policy Tom Hadley said: ‘Worsening candidate shortages mean the number of people available to fill both temporary and permanent jobs is falling at the sharpest rate in nearly a decade. We have a core group of long-term unemployed people whose skills don’t fit with current vacancies and are unable to access the jobs market. As well as up-skilling UK workers, the government needs to take a joined-up approach to immigration. A priority is addressing the restrictions on visas for highly skilled workers, which would allow businesses to access the people they need to grow and create jobs for more British workers.’ ## EEA Migrant Workers Not to Be Blamed For Seeking Work in UK Back in October 2013, Prime Minister David Cameron [stated](http://www.dailymail.co.uk/news/article-2478336/David-Camerons-anger-factories-staffed-foreigners.html) that foreign nationals cannot be blamed for attempting to find jobs in British factories when the error is really within UK schools and colleges for not teaching students the essential skills to do the work. Speaking to a group of apprentices at a Mini factory in Oxfordshire he explained that “poor training and school standards mean young Britons do not have the skills and qualifications to compete.” David Cameron went on to recognize the part EEA workers play in the UK and said: > “You can go to factories in our country where half the people come from Poland, Lithuania or Latvia. You can’t blame them, they want to work, they see the jobs, they come over and they do them. But as a country we ought to be saying no”. ## Highly Skilled Migrants Needed in UK to Benefit Economy Sir James Dyson, the founder of the bagless vacuum cleaner company also [spoke out against the UK’s immigration policy](http://www.telegraph.co.uk/finance/newsbysector/industry/engineering/10590729/Sir-James-Dyson-to-create-jobs-for-3000-engineers.html) in relation to foreign students. Dyson believes that there is a talent shortage in the UK and this has “exacerbated” by a change in the immigration law in April 2012 which prevents foreign postgraduate engineers from staying in the UK after they have completed their studies. Speaking to the Telegraph, Dyson stated: > “Only 10% of engineering postgraduates are British. They all get kicked out at the end of the course because [immigration minister] Damien Green refused to give engineers an exception. These are Anglophiles who could be contributing to our economy. It’s absolutely ridiculous.” ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Visas & Immigration: Applications & Service Fees Update Source: https://immigrationandvisasolicitors.co.uk/uk-visas-immigration-applications-service-fees-updates-service-fees-update/ *Last week the Home Office published changes to immigration fees for 2014 to 2015. The changes came into force on the 6 April 2014; these included new fees for visas, immigration and nationality application, and associated premium services. There is a 4% rise for most fees including the short-term visitor visa and most work, study and settlement applications. The Home Office has said that the increases will allow them to continue to improve their customer service, ensuring those who benefit the most from the improved immigration and visa service meet more of the costs.* ## The Home Offices Key Changes: - As we mentioned above the fees for most applications, including short-term visit, work, study and settlement will increase by 4%; - Main applicants applying for dependants outside the UK are set at the same level as main applicants, however, there  is a 25% discount for in-UK dependants applying with main applicants removed; - The nationality fees have been restructured, with discounts for child applications - Priority postal service fee has increased to £300 and the in-person application fee to £400; - Those who need a visa to pass through the UK in transit will see a decrease to £40 (direct air-side transit visa); - Sponsor action plans and Tier 2 large sponsorship licenses  fees have decreased, along with a number of other sponsorship fees being frozen; -  Applicants both  in the UK and overseas will be charged a fee of £428 for Tier 2 shortage occupations; - The Home Office has introduced a new 5 year Tier 2 general and ICT application; - The 10 year long term visit visa has been frozen at £737; and - There is a new registered traveller fee, when the scheme is rolled-out. ## Home Office: Will Set A Single Global Fee for Applications Made Outside the UK For applications made outside the UK, the Home office will also set a single global fee for a number of optional premium services, as well as expanding many of these services. The Home Office will charge the following: - For priority visa service (3 to 5 day), £100 or £300 for priority settlement applications; - For super priority visa service (24 hours), £600; - For the new user pays visa application centres, where applicants can submit applications in more convenient locations, £59; and - For applicants who make appointments outside office hours, they will be charged a fee of £50 and for an expanded passport pass-back service, they will be charged £40. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. --- # Yvette Cooper: Labour’s Approach To Immigration Source: https://immigrationandvisasolicitors.co.uk/yvette-cooper-labours-approach-to-immigration/ *Today, [Yvette Cooper](http://press.labour.org.uk/post/82276714334/labours-approach-to-immigration-speech-by-yvette), Shadow Home Secretary, delivered Labour's approach to immigration. In the speech, Cooper warned UK employers exploiting migrant workers would result in a jail sentence. Ms Cooper urged the government to exclude university students and refugees from its net migration target and admitted that the last Labour government handled migration badly when it came to Eastern Europeans, failing to address 'the worries people had'.* ## UK Employers Who Exploit Migrant Workers Are Committing A Crime Yvette Cooper warned employers of UK businesses, that those who engage in the 'wholesale' exploitation of illegal migrant workers would face automatic jail terms. > "We want clearer, stronger laws so businesses know where they stand and responsible employers know they won’t be undercut, but so that it is clear that employers who use pressure or force to exploit people and get round employment law are committing a crime." ## Number Of International Students at British Universities Declining The Shadow Home Secretary also criticised the current governments immigration policy. Commenting that the policy was leading to the "worst of all worlds" because net migration was going up, but the number of international students at British universities was going down. According to figures recently released by the Higher Education Funding Council of England (Hefce),* *they* *show for the first time in 29 years, there has been a fall in the number of overseas students taking higher education courses in England. With postgraduate students from India and Pakistani declining by 50% in 2013. The drop in the number of international migrants in the UK also caught the attention of others in the UK. [Nicola Dandridge](https://web.archive.org/web/20140504150256/http://www.hindustantimes.com/world-news/drop-in-indian-students-british-vc-hits-out-at-visa-policy/article1-1176527.aspx), chief executive of Universities UK stated: > “What is clear from this is that, if the UK wants to fulfil its potential in this growth area, it must present a welcoming climate for genuine international students and ensure that visa and immigration rules are consistent and properly communicated.” ## Immigration Has Been Important To Britain For Many Years Cooper admitted that the last Labour government got things wrong on immigration, admitting that they should of had transitional controls in place for Eastern European. Stating that the migration was far greater than expected. The Labour MP made it clear that she believes that immigration has been important for Britain over many centuries. > "There can be no doubt this small island off the north-west coast off continental Europe could not have contributed so much to the world, from the English language to the Internet, without the contribution of immigrants." ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Migration Advisory Committee Changes To The Tier 1 Investor Visa Route Source: https://immigrationandvisasolicitors.co.uk/migration-advisory-committee-changes-to-the-tier-1-investor-visa-route/ *The Migrant Advisory Committee (MAC), are responsible for a number of significant changes to the Tier 1 Investor Visa category due to come into force later this year. The category was introduced in 1994 and has been a significant method of attracting high net worth migrants to invest in the UK. The proposed changes made by MAC, will allow investors greater flexibility over how they want to invest their money. * ## Sir David Metcalfe’s Views of the Tier 1 Investor Visa Route Last year the UK government asked the Migrant Advisory Committee *t*o [review the economic impact](http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/workingwithus/mac/call-for-evidence-economic)of the Tier 1 Investor visa route and comment on the current minimum level of investment required for this route. Sir David Metcalfe, the head of the UK’s Migration Advisory Committee (MAC), gave evidence to the House of Commons’ Home Affairs Committee on 10th of December 2013 in relation to the value of Tier 1 Investor visa route. Questioned on how he was progressing with the review, [Sir David Metcalfe stated](https://web.archive.org/web/20220627033727/https://publications.parliament.uk/pa/cm201314/cmselect/cmhaff/c820-i/c82001.htm): “Let me say something that we found, which is peculiar, but perhaps you have heard many more peculiar things. Nobody can tell us why we have the Investors route. It is not anywhere set out whether we have the Investors route. We basically had to start with a blank sheet of paper.” ## Proposed Changes Of The Tier 1 Investor Visa Route The Migration Advisory Committee (MAC) published a report on the Tier 1 Investor visa route in which it outlined several options for reform of the investor’s route. These included raising the minimum investment threshold from £1 million to £2 million, widening the investment options to encourage alternatives to gilts and removing the ability of the investment funds to be raised by way of a loan. The proposed changes will allow investors with greater flexibility over how they want to invest their money. The rules relating to the maintenance of investments are also expected to be relaxed thereby allowing investors to have a greater say in how their investments are controlled. An advantage of the proposed changes is the introduction of an auction system. This is for a set amount of premium route visas which will allow applicants to apply for settlement after two years. There will be a reserve price of £2.5 million, of which £500,000 will be donated to the UK government as a gift for good causes. This is said to be replacing the current fast tract routes to settlement, causing some uncertainty amongst potential investors. ## Successful UK Tier 1 Investor Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1 Investor visa application (and applications for your dependants) step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 1 Investor visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # The House of Lords Science And Technology Committee Report Source: https://immigrationandvisasolicitors.co.uk/the-house-of-lords-science-and-technology-committee-report/ *The House of Lords [science and technology committee report](https://web.archive.org/web/20220210052449/https://publications.parliament.uk/pa/ld201314/ldselect/ldsctech/162/162.pdf) has called for a simpler UK immigration policy. The report has revealed that an "unwelcoming UK" has seen a drop of more than 10% in the past two years, in the number of international students studying science, technology, engineering and maths (STEM). Between 2010/11 and 2011/12 the numbers of new international students taking postgraduate taught courses in STEM subjects fell by 13%.  This was followed by a further fall of 3% in 2012/13. The Committee has asked for the UK government to rethink their immigration policy.* ## UK Government's Immigration Policy Is Contradictory The select committee has said that the UK government's immigration policy is contradictory, as they are committed to reducing net migration, simultaneously they want to increase the numbers of international students (15–20% over the next five years). The solution to this is for the government to remove students from the net migration figures. In 2012/13  the number of new undergraduates enrolling on STEM courses fell by 5% and then 4% over the same two years. Lord Krebs, Chair of the Committee, said: > “When we really need to send the message that international STEM students will get a warm welcome in the UK, they’re getting the cold shoulder and heading elsewhere. We’ve seen over the last few years how international student numbers have fallen dramatically, in particular from India.  As a result we’re missing out on the talent, the economic and cultural contribution that international students bring when they come here to study, and our competitors are reaping the rewards." ## Immigration Laws “Deterring” Indian And Pakistani  Students from UK A [previous report indicates](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/hefce-figures-uk-universities-relying-chinese-students/) for the first time in 29 years, there has been a fall in the number of overseas students taking higher education courses in England. With postgraduate students from India and Pakistani declining by 50% in 2013. [Ranjan Mathai, India’s High Commissioner](http://www.hillingdontimes.co.uk/news/asianspotlight/spotlight/10978016._/), has stated that visa restrictions on students’ right to work after finishing their courses is just one of the reasons international students are choosing to go elsewhere. Speaking to the The House magazine, Ranjan Mathai stated: > “Many of the students who I’ve had an interaction with feel that if they’d had a chance to pay their way by staying on for a year – which the system before allowed – then it would make their taking loans and coming to the UK for education more worthwhile, more possible. That’s one reason the numbers have gone down. ##  The Report Has Suggested The Following; - The government should remove students, who comprise a majority of non-EU immigrants, from the net migration figures; - The government should restore the previous post study work route, which they described as 'simple and effective'; - To ensure the UK remains in the global competition for international students, the government should review their package for international students every two years; - To ensure that prospective students feel welcome, the Home Office should improve the way information is provided to them; and - The government should create a 'working group' to determine the effect of decreasing international taught Masters students have on the courses. ## Successful UK Student Visa Applications for International Students Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Concern for UK Tourism as EU Prepare for Tourism Boost Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-concern-uk-tourism-eu-prepare-tourism-boost/ *This month, the European Commission (EC) [announced changes](http://www.telegraph.co.uk/finance/newsbysector/retailandconsumer/leisure/10740220/Concerns-over-UK-tourism-as-Europe-improves-Schengen-visa-system.html) to the EU’s Schengen visa system which will simplify procedures and benefit those coming to the EU for short visits. The proposals aim to make it easier for legitimate tourists and business people from countries such as China, Russia and Saudi Arabia to visit countries which are part of the 26 nation Schengen agreement. The EC’s plans have caused concern amongst UK businesses who have warned that the UK, who is not a member of the Schengen agreement, is in danger of losing out on an even greater number of high spending wealthy tourists to rival economies.* ## European Commission Improves Schengen Visa System In their statement released this month, the EC recognised that many non-EU nationals wishing to travel to the EU were often faced with lengthy and costly visa procedures. The EC cited recent studies which showed that up to 6.6 million potential travellers were “lost” because of lengthy visa procedures and that flexibility in the rules could significantly boost visitor numbers. This has led to them proposing changes which will include reducing the maximum amount of time to process a Schengen visa from 15 days to 10 and simplifying the application form which could encourage an increase of up to 60% of visits to Schengen nations. The EC stated that the changes will “boost economic activity and job creation in…the tourism sector as well as in related activities such as restaurant and transport industries.” ## UK Tourism Expected to be Negatively Affected by EU Tourism Boost Europe is now expecting a €130bn (£108bn) boost to the Schengen economy over 5 years, with the addition of 1.3 million jobs in the tourism and related industries. This has [caused concern](http://www.ibtimes.co.uk/uk-excluded-chinese-schengen-visa-reforms-eu-prepares-tourism-boost-1443158) that the proposed improvements will harm UK businesses by driving more tourists into rival countries. UK businesses have long campaigned for the government to simplify visa procedures for tourists, especially for visitors from China who are now the highest spending tourists in the world. British Airways parent, International Airlines Group stated that while the UK claims to be “open for business”, it makes it very hard and expensive for the Chinese to do business here which is costing the UK jobs and growth. ## Successful UK Tourist & Business Visitor Visas  Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Case Study: Business Visitor Visa Success Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-study-tier-2business-visitor-visa-success/ *The business visitor category is for people who want to come and do business in the UK for a short time. Business visitors coming to the UK may include academic visitors, visiting professors, teachers accompanying students, film crews and representatives of overseas news media. You can apply for UK Business Visa if you wish to come to the UK for business purposes* The Immigration Team at Lexvisa were recently instructed to represent a client, who is currently working for a National Broadcasting Company as a Producer. Our client wished to apply for entry clearance in the UK as a business visitor with a view to making multiple visits. Our client had the option of making a visa application in which he could apply for a visa which would last for 6 months, 1 year, 2 years, 5 years or 10 years. In  this case it was suitable to apply for a 2 year multi visit visa due to the nature of his visit to the UK. Our client was subsequently granted his 2 year multi visit visa. Our Immigration Team duly prepared our client’s application with the requisite supporting documents and made detailed representation in preparation for the client to make his visa application out of country. ## Types of  UK Business Visitor visas There are 3 types of Business Visitor visa: - Business Visitor visa This visa is for people coming to the UK to carry out permitted activities relating to their job which is based outside of the UK; - Academic visitor This visa is for academic visitors - eg academics on sabbatical, doing research or accompanying students on a study abroad programme; and - Doctors and dentists This visa is for doctors and dentists undertaking clinical attachments or clinical observer posts, or taking the Professional and Linguistic Assessment Board (PLAB) test. ## Home Office: Processing Visa Applications & UK Visa Priority Service The Home Office released information on their website, stating that they aim to process 90% of visit visas within 15 working days with some applications processed within 7 days. They have also stated that in 2013, 96% of visit visa applications from Chinese nationals were successful. Chinese nationals who are applying for a general visitor visa and have evidence of compliant travel to the UK, United States, Australia, New Zealand, Canada or Schengen Countries within the last 5 years can take advantage of the Home Office’s Priority scheme. This a popular service which allows Chinese applicants to have their applications processed within 3-5 working days. In July 2013 alone, 11,000 people used the service. ## Successful UK Business Visitor Visas Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # A Million Australians Visit The UK Each Year Source: https://immigrationandvisasolicitors.co.uk/a-million-australians-visit-the-uk-each-year/ *Today a new Visa Applications Centre (VAC) opened in Sydney. Although, the VAC has actually been operating since 17 March 2014, along with new VACs in Melbourne, Brisbane, Perth and Canberra. An estimated million Australians visit the UK annually, but less than 20,000 of them require visas. This is because Australians do not need a visa to visit as a tourist or to stay less than 6 months. **Australians require visas  for employment, full-time study or long term settlement. The VAC in Sydney has been handling about 50 applications a day.* ## Sydney And Melbourne Account For 73% Of Demand For UK Visas The new VAC's  is part of a global project by UK Visas and Immigration (UKVI) and operated by UK Visas’outsourced supplier VFS Global. There will only be one or two Visa Applications Centres in most countries, placed in cities where demand is greatest. Sydney and Melbourne account for 73% of Australian demand for UK visas. However, VFS will be  managing offices full time in Brisbane and on certain days of the week in Perth and Canberra. In order to continue to serve customers across the vast continental scale of Australia. These cities will have an additional standard global charge of £59 (around $112 at present). ## UK Visas And Immigration Reforms - On 1 April 2014, UKVI introduced a new priority service for work, study and visit visas which costs £100 (estimated $190) & the processing time will take 3 weeks to 5 days; and - A similar priority service for long term settlement visas which has been functioning since last year September, cuts processing time from 12 weeks to 10 working days, for a cost of £300 (around $570). ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide all Australians through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # ‘Challenging’ UK Immigration Law Blamed for Shortage of Talent in UK Source: https://immigrationandvisasolicitors.co.uk/challenging-uk-immigration-law-blamed-shortage-talent-uk/ *[A new study](http://www.computerweekly.com/news/2240219099/Talent-shortage-is-threatening-growth-of-Londons-tech-sector?) by independent private sector group Tech London Advocates (TLA), has found that shortage of talent in the UK is “inhibiting” London growth and the city’s position as a global technology hub. TLA’s survey of its members revealed that 43% fear that a shortage of talent is hampering technology growth in London and 10% felt that harsh immigration legislation was an obstacle to growth which had failed to keep pace with the times. TLA is a group of more than 500 people in the tech ecosystem tasked with promoting London’s tech sector by dealing with issues and challenges they see on the horizon.* ## ‘Strict’ UK Immigration Legislation Blamed for Hampering Technology Growth Last year, the market research company GfK, found that 77% of London tech businesses said they would grow faster if there were more skilled people available. It seems that strict immigration rules are keeping vital developers and experts out of the country. [City AM](https://web.archive.org/web/20160610024759/http://www.cityam.com/article/1398135346/immigration-rules-and-skills-shortages-hold-back-uk-tech-potential) has quoted SwiftKey, a rising software company as an example and states that its employees speak tens of languages but it can take months for such companies to get through the complex visa process and hire highly skilled migrant workers. Russ Shaw, founder of TLA stated: > “Encouraging young people to study STEM (science, technology, education and maths) subjects and initiatives to encourage digital skills are important steps in the right direction, but we are calling on the government to review education and immigration legislation to fuel the long term growth of London’s most vibrant industry.” ## ‘Highly Experienced’ Tech Workers Kept out of UK It can be said that the UK’s lengthy and complicated visa process could be deterring international experienced tech workers from coming to the UK. It is no surprise that the workers would be courted by tech companies in other countries. Dan Crow, CTO of Songkick states: > “There is a deep pool of highly experienced people in Silicon Valley. We’ve managed to tempt a few of them to London, but we’ve also lost some very promising potential employees because it is so hard for Americans to get visas for the UK.” ## Successful UK Visa Applications for Skilled & Talented Workers It remains to be seen how the government now deals with the shortage; [we reported last month](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/uk-government-makes-changes-points-based-system-work-routes/) that the Immigration Minister James Brokenshire had planned to extend the Tier 1 Exceptional Talent Visa Route so it would include endorsements by Tech City UK as well as making it easier for applicants in this category to apply from overseas. Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1 Exceptional Talent visa application or Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Home Office: A Third of Migrants Arrested Resulted in Deportation In 2013 Source: https://immigrationandvisasolicitors.co.uk/home-office-a-third-of-migrants-arrested-resulted-in-deportation-in-2013/ *The Home Office recently [revealed](https://web.archive.org/web/20211213043007/https://publications.parliament.uk/pa/cm201314/cmhansrd/cm140407/text/140407w0004.htm) that over a third of immigration arrests, as a result of tip-offs from the public, resulted in deportation in 2013. Accusations from members of the public led to 4,535 arrests regarding immigration offences, 1,585 of these people were removed from Britain and 15 cases prompted criminal prosecutions. The figures were obtained by shadow immigration minister David Hanson, who described the figures as  "a shocking record and one that the government should be ashamed of". As reported last week, a Hampshire restaurant was raided by Immigration officers, resulting in three arrests.* ## Home Office: Building a System That is Fair to British Citizens And Legitimate Migrants Speaking on the current immigration system, a Home office spokesperson said: > "We are building a system that is fair to British citizens and legitimate migrants and tough on those who abuse the system and flout the law. We take all reports of illegal immigrants in the UK seriously, but not all the information we receive is accurate. When tip-offs do lead to arrests, there are many legal barriers that can prevent speedy deportation." Through the Immigration Bill currently before Parliament, the government is trying to remove these 'barriers', in order to make it easier to deport illegal migrants and foreign criminals. The Bill also cuts the number of grounds for appeal against deportation from 17 to 4, allowing foreign criminals to be deported before the outcome of their appeal is known. This is as long as they are not faced with  "serious irreversible harm" at home. ## Hampshire Restaurant Facing Financial Penalty totaling £50,000 for Employing Illegal Workers To demonstrate the above last week a Hampshire restaurant was [raided](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/uk-immigration-officers-raid-arrest-suspected-illegal-workers/) by immigration officers and is now facing a potential financial penalty totaling £50,000 for employing illegal workers. Three Bangladeshi men were arrested. Two, aged 22 and 32, were found to be working in breach of their visa conditions, while a 29-year-old had overstayed his visa. The three men were transferred to an immigration detention pending removal from UK. The head of the South Central Home Office Immigration Enforcement team, Carla Johnson said: "These arrests are a clear warning to those in Hampshire abusing our immigration laws. There will be no slowdown in our efforts to arrest, detain and remove you from the UK. Employers who use illegal Labor are defrauding the taxpayer, undercutting genuine employers and denying legitimate job hunters work. Employers who use illegal labour are defrauding the taxpayer, undercutting genuine employers and denying legitimate job hunters work." ## Legal Advice for Illegal Migrants in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Government: From 1 May 2014 Higher Penalties for Businesses Employing Illegal Migrants Source: https://immigrationandvisasolicitors.co.uk/from-1-may-2014-higher-penalties-for-businesses-employing-illegal-migrants/ *This month, the UK government [announced ](https://www.gov.uk/government/news/tougher-enforcement-action-and-stronger-penalties-for-unscrupulous-employers)its intention to toughen civil penalties for businesses employing illegal migrants. From 1 May 2014, employers will have to act in accordance to tougher proceedings and further compliance requirements from the government. This includes the civil penalty for employing illegal workers doubling from £10,000 to £20,000. In addition, employers face a fine of £20,000 for paying below the national minimum wage, this is sharp rise from the previous fine of £5,000. These changes is the government's solution to curb illegal working and warn employers to take the issue more seriously.* ## UK Businesses: Ways to Prevent Hiring Illegal Workers Rot only can employers face a hefty financial penalty, they risk adverse media attention by their business's details being published by Immigration Enforcement. The penalty is used to deter other businesses from employing illegal workers, as well as punish those who have employed illegal workers. If an employer willingly hires an illegal worker they could face a possible jail sentence for up to 2 years, in addition to paying a fine. To prevent illegal working which could have significant consequences and damaging effects on a business, it is important for employers to check that the documents provided as proof of authorization to work in the UK, have the following: - All documents provided by the employee should be valid; - Employers must ensure that any documents which have photos, are indeed photos of the employee; - Employers must check that the date of birth on documents is consistent with the employee's appearance; - Employers must ensure that visas obtained by the employee covers the type of work they will be doing, this includes the number of hours they can work; and - If documents provided by the employee have different names, they should be able to give good reasons for this, for example marriage or divorce. ## Avoiding Unlawful Discrimination While Preventing Illegal Working It is important employers do not discriminate against selected candidates because of their name, nationality, racial background, accent and ensure that they have an open and transparent recruitment policy. The revised version of the statutory [code](https://www.gov.uk/government/publications/draft-code-of-practice-for-employers-april-2014) of practice for employers, advises employers to ask potential employees to prove their right to work in the UK and not make assumptions about immigration status. Prime Minister David Cameron said:  > "A key part of our long-term plan is making sure our economy delivers for people who do the right thing, so everyone who wants to work hard can get on in life. The changes we are making today will help stop practices which exploit vulnerable workers and undercut local businesses that play by the rules. They will give workers in Britain a fair crack of the whip when it comes to getting a job themselves. That means more economic security for people across our country." ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business and have been affected by the Home Office’s raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Immigration: Home Office Reverses Medical Visitor Visa Refusal Source: https://immigrationandvisasolicitors.co.uk/private-medical-visitor-visa/ *Last week, it was reported that the Home Office reversed its controversial decision to refuse the visa to a women who wanted to come to the UK to donate a kidney to her seriously ill brother. Keisha Rushton, a Jamaican national wanted to come to the UK to help her brother Oliver Cameron who had suffered near fatal renal failure in 2012. Keisha's initial application for  private medical visitor visa was refused on the basis that the Home Office was not satisfied that she was a genuine visitor for these purposes. The Home Office has since reversed their decision. * ## Private Medical Treatment Visitor Visa 'Unfairly Refused' Oliver [came to the UK](https://webcache.googleusercontent.com/search?q=cache:4kdM_2DyDkEJ:https://www.independent.co.uk/news/uk/home-news/the-perfect-transplant-match-but-not-for-the-home-office-would-you-give-up-a-kidney-just-to-get-into-9255123.html+&cd=1&hl=en&ct=clnk&gl=uk) in 1999 after marrying a British national and spent more than a decade working in North London. The couple have four children together who are also British citizens. After suffering a  near-fatal renal failure in December 2012, Oliver spent more than a week in intensive care. Oliver was told that he needed a kidney transplant and without one he would need dialysis to keep him alive. After his older sister , Keisha Rushton, was found to be compatible, the operation was arranged to take place in October 2013. However, Keisha's visa application was refused. After the Home Office refused Keisha's * *application, Diane Abbott, who is Mr Cameron’s local MP, commented: > “This was an exceptionally cruel decision by the Home Office. I tried to argue Mr Cameron’s case but officials were not interested. I believe that officials could have exercised more compassion. But the current climate of political debate on immigration means that we are seeing more of these harsh decisions.” This month, the Home Office revoked its decision to refuse Keisha a visa. It is understood that the immigration minister, James Brokenshire examined the case personally and overturned the initial ruling. Sunder Katwala, the director of the thinktank British Future, said: > “It’s a relief to finally see a decision on this case that is based on compassion and common sense. I think most people, regardless of their politics, thought that denying a visa to Oliver’s sister was a step too far." ## Conditions of Private Medical Visitor Visa Private Medical Treatment Visas are suitable for those who wish to travel to the UK for a short time to receive treatment for a medical condition (which must be paid for privately and not funded under the National Health Service). The UK has some of the highest quality health care in the world and the government is aware that medical provisions in the UK may be more advanced or suitable for individuals from other countries. This visa is only for those travelling to the UK for the sole purposes of receiving medical treatment and care so will not be suitable if you intend on visiting the UK for other purposes.  ## Contact us for successful Private Medical Visitor Visa application Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Our hard working team understands this may be an emotional time for you and your close ones but our expert team is here to listen and assess your case. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Case: Ved and another (appeal-able decisions; permission applications; Basnet) [2014] UKUT 150 (IAC) Source: https://immigrationandvisasolicitors.co.uk/immigration-case-study-court-of-appeal/ *New case from the Upper Tribunal, Ved and another (appeal-able decisions; permission applications; Basnet) [[2014] UKUT 150 (IAC)](http://www.bailii.org/uk/cases/UKUT/IAC/2014/%5B2014%5D_UKUT_150_iac.html), is on the issue of Immigration applications the Home Office regards to be invalid. The Tribunal believe in parallel to the view of the Home Office that a decision made on an immigration application that is  invalid cannot be appealed to the Tribunal. If an applicant does decide that they want to appeal the Home Offices decision they require a later application and a formal immigration decision which can be appealed. Alternatively, applicants can submit an application for judicial review. * ## Facts of the Case The applicants, were husband and wife who are Tanzanian nationals who entered the UK on 17 March 2012 on Visitor's Visa. During their visit they made an application on 21 June 2012 for indefinite leave to remain as dependent relatives of their daughter, who is a person present and settled in the UK. The married couple both received letters from the respondent on 8 August 2012, stating: > “Your application is invalid and we are returning the application form and documents received from you. Please read this letter to ensure that you understand what you need to do in order to make a valid application.” The reason for refusal for both applicants was due to the necessary payment not matching with the application that they had submitted. The applicants were given the option of returning the fully completed application form with the appropriate fee. Once again on 27 October 2012, the applicants application was considered invalid, again for the same reason - incorrect payment. The applicants proceeded to appeal the Home Offices decision to the First-tier tribunal, along with a judicial review application in the High court. The grounds of appeal to the First-tier Tribunal relied heavily on the determination in Basnet (validity of application - respondent) [[2012] UKUT 00113(IAC)](http://www.bailii.org/uk/cases/UKUT/IAC/2012/00113_ukut_iac_2012_kb_nepal.html) ## Determination and Reasons Ms Khan, the Home Office Presenting Officer stated: > “submitted that there was no valid appeal before me to determine because there had been no immigration decision taken by the respondent and that the most appropriate venue for the validity of these applications to be determined was in the Administrative Court where the appellant(s) had an application for Judicial Review pending… She submitted that the case of **BASNET** could be distinguished from this case because in that case the application had been rejected and then refused when resubmitted because the appellant had not got leave at the time the second application was made…” Judge Hawden-Beal accepted this submission by Khan: > "Having considered all of the submissions, the evidence and having read both Bundles relied upon, on the face of it, I am satisfied that the applications initially made on June 20th 2012 were valid. BUT this does not avail the appellants in this matter because an immigration decision has not been made which distinguishes this hearing from **BASNET**. In **BASNET** an application was rejected and then when it was re-submitted a decision was taken to refuse it without a right of appeal because, having no extant leave to remain the appellant did not have an established presence in the UK and as a consequence did not have sufficient funds to maintain himself. There was therefore an immigration decision made in**BASNET**, against which to appeal but there is none in this case.” Judge Hawden-Beal made the decision to refuse permission to appeal to the Upper Tribunal. ## Legal Advice & Successful UK Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Raids: Officers Arrest ‘Illegal’ Restaurant Workers Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-raids-officers-arrest-illegal-restaurant-workers/ *Last week, Home Office [immigration officers raided](https://web.archive.org/web/20210614160417/https://www.leightonbuzzardonline.co.uk/news/shock-diners-immigration-officers-raid-indian-restaurant-eaton-bray-987431) a restaurant in Dunstable and arrested three workers suspected of being in the UK with no valid leave. **Immigration raids by the Home Office are beginning to become more common in recent news as reports reveal that the Home Office have taken a harsh stance towards those suspected of living and working illegally in the UK.* The Home Office are also toughening up on UK business owners who are employing migrants from outside the EEA and intend to toughen civil penalties for businesses employing illegal migrants once the Immigration Bill becomes law. ## UK Restaurant Raided in search for 'Illegal Workers' Home Office immigration officers, visited Zeera in Tring Road, Dunstable and found three members of staff of Bangladeshi origin had overstayed their visas. The officers arrested and detained two of the men aged 37 and 19 and arrested and bailed a third man aged 39. It seems now that the restaurant owner faces civil penalties of £10,000 for each illegal worker. Should it be found that the business owner did not carry out the relevant employment checks, they will be penalised by the Home Office. A member of the Immigration Enforcement team making the raid stated: > "These arrests are a clear warning to those in Bedfordshire abusing our immigration laws. There will be no let up in our work to arrest, detain and remove you from the UK." He also sent a stark warning to employers who were employing those with no valid leave to remain in the UK. ## UK Businesses Fined for Employing Illegal Workers The government intends to toughen civil penalties for businesses employing illegal migrants once the Immigration Bill becomes law. The following is a summary of these proposals: - The maximum penalty for employing illegal workers will increase to £20,000; - The way civil penalties are calculated will be simplified; - The way unpaid penalties can be enforced in the civil courts will be simplified; and - There will be measures to allow recovery of a civil penalty from directors and partners of limited liability businesses following failure to pay by the businesses. ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business and have been affected by the Home Office's raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor these migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay --- # UK FGM Immigration Case: Woman Fighting to Prevent Deportation Source: https://immigrationandvisasolicitors.co.uk/uk-fgm-immigration-case-woman-fighting-to-prevent-deportation/ A [woman fighting to prevent deportation](http://www.theguardian.com/uk-news/2014/apr/25/nigerian-woman-saliu-mp-deportation-fgm) on the basis that her daughters will be victims of Female Genital Mutilation (FGM) has won the right to temporarily stay in the UK, after her MP intervened. Afusat Saliu obtained temporary  refuge in the UK so that her one-year-old and three-year-old daughters are not subjected to the cutting she had to undergo as a child. This case has been in the spotlight due to campaigning by those against FGM. Here we will state the facts of the case and discuss some of the requirements of the Home Office for those who wish to be recognised as a refugee.  ## UK FGM Immigration Case Afusat Saliu, 31 is a Nigerian national who feared that should she return to Nigeria her young daughters would be subjected to Female Genital Mutilation (FGM). Her MP George Mudie wrote to Immigration Minister James Brokenshire on two occasions asking him to intervene in the case. It now seem that his last minute intervention has workerd and  Afusat Saliu has been granted stay in the UK temporarily. MP George Mudie stated: > "The assumption is that this is a pause," said Mudie. "I would be extremely disappointed if they tried to detain her while this is still going on. This is so important and sensitive. > > "[Brokenshire] has got to satisfy himself that he is absolutely certain that these children are not in danger. It would be unforgivable if anything happened to these children if they go back." ## Claiming Asylum In The UK Although, Afusat Saliu has not obtained asylum in the UK, others who fear persecution for similar situations may be able to apply for asylum. To be [recognised as a refugee](https://www.gov.uk/claim-asylum/eligibility), you must: - have left the country you’re a national of or, if you’re stateless, the country you usually live in - be unable to go back because you fear persecution - be unable to live safely in another part of the country you left - have failed to get protection from authorities in the country you left This persecution must be because of your: - race - religion - nationality - political opinion - membership of a particular social group that puts you at risk because of the social, cultural, religious or political situation in your country - eg your gender, gender identity, sexual orientation ## Contact us for a successful UK Asylum application Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # VFS Global UK: Increase Fee for Priority Visa Service in India Source: https://immigrationandvisasolicitors.co.uk/vfs-global-uk-increase-fee-for-priority-visa-service-in-india/ *Indian travelers have been left disappointed by the UK, as the fee for priority visa service has risen from Rs 4,400 to Rs 10,500. VFS Global stated that the rise in fee came into effect on the 1 April 2014. This news comes along with UK Visas and Immigration representatives announcing that it would be providing a 'Passport Passback' service for the first time to all locations in India, as well as the opening of new Visa Application Centre’s (VAC’s) in Mumbai and Kolkata. British Deputy High Commissioner to Eastern India, Scott Furssedonn-Wood, [commented](http://www.business-standard.com/article/pti-stories/new-uk-visa-application-centre-opened-in-kolkata-114031900553_1.html) that there was a need for improved services due to the fact that applications for UK visas had increased.* ## Increase in Immigration Visa Application fees disappoint Indian travelers Rajesh Rateria of Cirrus Travels, Kala Ghoda, commented on the increase of the priority service: > "The hike has not been appreciated by travellers. We have been getting a lot of queries about the high cost. For a family of four, the fee will run into over Rs 40,000. The Passport Back service is a good idea. Now with the priority visas costing more, travellers are likely to wait for a month to obtain visas at a cost of Rs 8,715 for minimum six-month validity." According to the VFS Global the 'Passport Passback' service will be capped to 75 slots per day. The service will allow applicants to travel or apply for other visas, whilst they are waiting for the outcome of their pending application. ## Indian Visa Centres Opened to Improve Customer Services for Indian Migrants to UK Mumbai VACs, are located at Bandra-Kurla Complex and Nariman Point and intend to provide an “enhanced experience” for visa applicants in Mumbai. The UK’s partnership with VFS Global has now been extended until 2019 and the government hopes that the contract will forsee major refurbishment of all VACs. Mentoring processing speed, convenience of application process and a ‘fair’ price are being marketed as some of the advantages the UK Government hopes to provide showing that the UK is ‘open for business, visitors and students.’ ## Sir James Bevan, UK High Commissioner to India: 'We issue more Visas to Indians than to any other Nationality' There has been a number changes to visa fees, immigration and nationality applications and services, which have come into fruition this year. Some Indian applicants may not be happy but Sir James Bevan has said: > "Nine out of 10 Indians who apply for a UK visa get one. We issue more visas to Indians than to any other nationality in the world: over 400,000 in 2013. People think we are issuing fewer visas than in the past. Wrong again: we issued 5 per cent more visas to Indians in 2013 than in 2012." ## Successful UK Visa Applications & Appeals for Indian Migrants If you wish to come to the UK to visit, study, work or settle, our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Barclays’ Tourist Dynamics Report 2014: Chinese Visitors to spend £1 billion a year in the UK Source: https://immigrationandvisasolicitors.co.uk/barclays-tourist-dynamics-report-2014-chinese-visitors-spend-27-billion-uk-2017/ *Today, figures from the Barclays' Tourist Dynamics report 2014 was revealed. According to the report, tourists will spend over £27 billion in the UK in 2017, an increase of 34% on 2013. Amongst the top spenders are visitiors from America, UAE and Switzerland. The report found that in particular Chinese tourism in the UK is expected to grow by 84%, with visitors spending up to £1bn a year in the UK by 2017. This is due to the UK Government vowing to ['streamline and simplify' ](https://web.archive.org/web/20150106022023/http://news.sky.com:80/story/1154100/george-osborne-to-relax-china-visa-rules)the visa application process for tens of thousands of Chinese visitors.* ## Chinese Tourism Rise due to simplification of the Visa Application Process The UK is expected to see a strong growth in Chinese tourism spending thanks to the simplification of the visa application process. The head of retail and wholesale at Barclays, Richard Lowe, commented: > "As George Osborne said, there should be no limit to the number of Chinese tourists who can visit. There’s a number of plans being put in place to allow that to happen and it’s important that those are followed through and as many Chinese visas who want visas do get them and can come and support the UK economy” In October 2013, Chancellor George Osborne announced a [24-hour 'super priority'](https://www.gov.uk/government/news/chancellor-announces-simplified-visa-applications-for-chinese-visitors) visa service for Chinese business visitors. The UK Government is looking to expand the highly successful VIP mobile visa service, which is currently operating in Beijing and Shanghai, to the whole country. ## Cultural Heritage throughout the UK is attractive to Chinese visitors [The Telegraph](http://www.telegraph.co.uk/finance/china-business/10801908/Chinese-tourists-to-spend-1bn-in-UK-by-2017.html) campaigned for ten months to simplify the visa rules for Chinese visitors. The previous scheme, required Chinese tourists to to have their fingerprints taken, pay higher fees and going through a lengthy application process. According to Mr Lowe, it is the cultural heritage throughout the UK that is attractive to Chinese visitors. > “We’re seeing a number of Chinese visitors in places like Scotland and the north west. This is not a regional play or a capital city play”, he said. By 2017, China’s tourists (1.01bn) will be fifth on the list of countries that spend the most in the UK, behind the US (£2.92bn), France (1.79bn), Germany (1.66bn) and Australia (1.35bn). ## Successful UK Visa Applications for Chinese Visitors & Businessmen Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making visa applications to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # ETS: no longer offering TOEFL & TOEIC English Language tests for UK Visa Applications Source: https://immigrationandvisasolicitors.co.uk/ets-no-longer-offering-toefl-toeic-english-language-tests-for-uk-visa-applications/ *In February this year [BBC Panorama](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/uk-immigration-bbc-panorama-exposes-fraud-uk-student-visa-system/) broadcasted a programme highlighting the  fraudulent measures that visa applicants take when sitting English language tests. The [Educational Testing Services](http://www.ndtv.com/article/india/ets-to-no-longer-provide-english-tests-for-uk-visa-518127)' (ETS) is no longer offering Test of English as Foreign Language (TOEFL) and Test of English for International Communication (TOEIC) for U.K. visa-granting purposes. The expiry of the ETS licence with the Home Office was made public on 17 April 2014. This is due to allegations made in BBC's Panorama programme. According to the UK Government website, they want to ensure that this change does not have an impact on genuine international students who have taken an ETS test before the licence expired. This means that UK Visas and Immigration  will accept visa applications which relied on an ETS certificate issued before the expiry of the licence on 17 April 2014.* ## Visa Applicants accused of taking fraudulent measures to obtain TOEIC Accreditation Allegations towards candidates sitting TOEIC tests, were accused of going to fraudulent measures by the BBC programme to obtain TOEIC accreditation. Due to this the UK Home Office announced that it would not be extending its contract with the global testing giant ETS. According to the U.K. Council for International Student Affairs’ official website: > "ETS is no longer providing TOEIC and TOEFL tests for people who want to use them in support of U.K. immigration applications. This is because of allegations of fraud. The Home Office has been investigating the allegations of fraud and decided that in future it will change the list of English language test certificates that are acceptable in support of U.K. immigration applications. So that ETS tests are not included." It should be noted that the TOEFL test was never under question. In fact TOEFL test remains a widely respected English language test around the world, being recognized by more than 9,000 institutions in more than 130 countries. ## IELTS, or Pearson Test for English, to confirm their admission and entry into UK It has been suggested that students should write to the institution of their choice and request that they conduct another English language test called [IELTS](https://web.archive.org/web/20140509171532/http://timesofindia.indiatimes.com/city/hyderabad/Students-hit-as-UK-body-cancels-tests/articleshow/34711485.cms), or [Pearson Test](https://pearsonpte.com/the-test/) for English, to confirm their admission and entry into UK.  Although there have been complaints in the change in tests by students, who complain that the fee that they paid for the TOEFL test, will now have to pay around the same fee for the taking IELTS. > "IELTS is a written test whereas TOEFL is a computer-based test. Preparation for both requires different expertise. Those who were taking TOEFL coaching will now have to shell out more than Rs 15,000 to enroll themselves for a new coaching programme," said Pasupula Madhavi of I20Fever, a city-based overseas education guidance centre." ## Are you affected by the Home Office's ‘English Language Requirement’? If you would like to discuss how the English language requirement may affect you, call one of our immigration solicitors in London who will be able to assist you by meeting with you and reviewing your case. There are many providers but many have had their visas refused for taking tests with rogue providers. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/)/instruct us so we can review your case and ensure you have the correct documentary evidence in place in this regard. --- # Tier 1 General Category Extensions close on 6 April 2015 Source: https://immigrationandvisasolicitors.co.uk/tier-1-general-category-extensions-close-6-april-2015/ *The Tier 1 General category is now closed to applicants outside the UK and to applicants who are already in the UK and wish to switch to it from most other immigration categories. The Home Office announced last month, that migrants who were granted a visa under the Tier 1 General category will not be able to apply for an extension of their leave to remain in the UK under the same category from 6 April 2015. The Tier 1 General category was created to attract highly skilled migrants who wanted to seek employment or seek self-employment in the UK. For migrants whose Tier 1 General visa status expires between now and 6 April 2015, they are still able to apply for an extension.* ## Options for Tier 1 General Visa Migrants - Under the Tier 1 General category, migrants can apply for Indefinite Leave to Remain (ILR) after 5 years of living in the UK. This is as long as they continue to meet the criteria on the category, on top of the criteria for ILR; - It should be noted that applicants submitting for ILR under the Tier 1 General category will be closed from 6 April 2018. For migrants who are not eligible to apply for ILR before this date, they will have to look at switching to immigration categories such as, Tier 2 General, Tier 1 Exceptional Talent, Tier 1 Entrepreneur or Tier 1 Investor. ## Challenges Tier 1 Holders face Some Tier 1 holders not being able to meet the criteria to apply for an extension or for ILR,  are just some of the challenges Tier 1 migrants face.  For example those that wish to switch from Tier 1 to a Tier 2 General visa, the employer must obtain a sponsorship licence. For applicants who want to switch to Tier 1 Exceptional Talent, Tier 1 Entrepreneur or Tier 1 Investor categories, they will have to follow the uncompromising financial or skill requirements. ## Successful Tier 1 Visa Applications Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Investor Visa application](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/), [Tier 1 Entrepreneur Visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) or[Tier 1 Exceptional Talent Visa application](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) step by step and limit the possibility of failure by complying with the strict letter of the law. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case.     --- # House of Lords: Third Reading of UK Immigration Bill Source: https://immigrationandvisasolicitors.co.uk/third-reading-immigration-bill/ *On 6 May 2014, the third reading of the Immigration bill took place, MPs debated amendments made by the House of Lords. The reading of the Immigration bill was in relation to either limit or to make provision about access to services, facilities, and employment concerning an individuals immigration status.  As well as making provisions about marriage and civil partnership. The House of Commons disagreed with a number of the amendments made by the House of Lords. The commons disagreements will be considered by the the Lords on Monday 12 May 2014.* ## Home Secretary, Theresa May wins vote to make Migrants Stateless During the reading at the House of Commons, MPs debated whether the Home Secretary should be able to remove people's Citizenship even if that means making individuals stateless. This clause was suggested  the night before the [last reading](https://web.archive.org/web/20150807105651/https://www.thebureauinvestigates.com/2014/01/30/home-secretary-pushes-through-controversial-powers-to-make-people-stateless/) of the Immigration bill in the Commons. Both members from the Lords and parliamentary Joint Committee on Human Rights expressed that such a clause could breach international laws and risk harming international relations. Although the Home Secretary won the vote by 305 to 239, she will not be allowed to make migrants stateless without "reasonable grounds" that they would be able to become a Citizen somewhere else. Shami Chakrabarti, director of Liberty commented on Theresa May winning the vote:  > "Removing the right to have rights is a new low. Washing our hands of potential terrorists is dangerously short-sighted and statelessness is a tool of despots not democrats." ## UK Immigration Bill Amendment Agreed One of the amendments put forward by the House of Lords which was agreed by the peers, is to allow a child that is born before 1 July 2006 to an immigrant mother who is not married to the British citizen father, will be entitled and automatically have the same rights of a child whose parents are married. Meaning that children that have been born out of wedlock to at least one British national will be able to register as a British citizen. A child that was born after 1 July 2006, are already given this right under the British Nationality Act 1981. Liberal Democrat peer Lord Avebury commented:  > "in the thicket and undergrowth of immigration law there are still plenty of wrongs waiting to be rectified. But at least if your Lordships agree to these amendment they will remove most of the discrimination against people whose parents were not married that has infected our immigration law in the past." --- # UK Immigration: Home Office Refuses Indian Charity Workers Visitor Visas Source: https://immigrationandvisasolicitors.co.uk/indian-charity-workers-visitor-visas-refused/ *In news reports today, a Vicar has spoken out against the Home Office after they refused to grant visas to his charity worker friends from India who wished to visit the UK. The applicants Hansi and Kath Jain, have been left disappointed as the Home Office refused their application on the basis that they had provided insufficent evidence of their personal and financial circumstances. **Rev Andy Lindop commented on the refusal of his friend's application as “immigration paranoia” and spoke of his disappointment at the harsh immigration rules.* ## UK Home Office Refuses UK Visitor Visas Hansi and Kath Jain are Indian charity workers who met Rev Andy Lindop 35 years ago while on missionary work in India. The couple had intended to visit friends in the UK who had supported them in their charitable work and wanted to raise awareness of their work in India. Rev Andy Lindop believes that the Home Office refused Hansi and Kath Jain visa applications' as they were not satisfied that the couple would leave the UK at the end of their visit or that they would not be able to afford the duration of their trip to the UK. Rev Andy Lindop provided written assurances with the application that he would guarantee the couple would meet the costs. Rev Andy Lindop said: > "They are my friends and have been coming to Britain for years. Their life and work are in India and they have always gone home. There is no reason for them not to. It seems to me that the government has become so paranoid about illegal immigrants that it now refuses tourist visas to visitors like Kath and Anu. If you are rich you are welcome to come here, but if you are not, you can’t. This is a ridiculous decision and I am extremely hurt that my government should question my integrity as well as showing such an inhospitable attitude.” Mr lindop has now turned to Bury North MP David Nuttall, in hope of getting his support to overturn the visa refusal decision. ## Eligibility for General Visitor Visa and Appeals You are deemed eligible to apply for a General Visitor visa if you are: - Aged 18 or over; - Your trip to the UK is for leisure and you have no plan to study or work during your trip; - You are not planning to travel to another country, except for Ireland, the Isle of Man or the Channel Islands; and  - You have to be able to maintain yourself financially through the duration and return of your trip. If your immigration application has been refused you may be able to do one of the following: - lodge an appeal to the immigration and asylum tribunal; - Submit a reconsideration request; or - For those who are applying outside the UK can ask for an administrative review. ## Successful UK Visa Applications & Appeals for Migrants If you wish to come to the UK to visit, study, work or settle, our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Is UK’s Points Based System Deterring Foreign Lawyers from Practising? Source: https://immigrationandvisasolicitors.co.uk/uks-points-based-system-deterring-foreign-lawyers-practising/ *Leading UK legal publisher, [LexisNexis' LexisPSL](https://www.lexisnexis.com/uk/lexispsl/pslhome) interviewed our Immigration Team for an article on 'whether the points based system is deterring foreign lawyers from practising in the UK?'. We commented on whether there was a skills gap in the legal market and whether the current strict immigration rules would make things worse.* The full LexisPSL report is available for download here: [LexisPSL - Is UK's Points Based System Deterring Foreign Lawyers from Practising](http://web.archive.org/web/20160909122404/https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2014/05/Is-UKs-Points-Based-System-Deterring-Foreign-Lawyers-from-Practising.pdf) *Financial Times, 7 March 2014: A survey conducted by the Recruitment and Employment Confederation (REC) and KPMG has revealed that, although demand for permanent staff is increasing, there is a shortage of skilled workers to fill the positions. The chief of the REC, Kevin Green, has criticised changes to the immigration system that have made it more difficult for companies to bring in skilled workers from abroad.* ## Is there a skills gap in the legal market? KPMG has provided a report into the current state of the UK labour market. The report suggests there is a rise in permanent appointments since March 2010 and lists the occupations in which the demand for skills exceeds the supply of skills.  The report has named the engineering sector at the top of the demand for the permanent staff ‘league table’. This is followed by construction, nursing and medical care. The report does not specifically mention the legal market and it could be inferred that there is less of a skills gap in the legal market as the report mentions the skills shortage in accountancy, financial and construction sectors.  Although the legal sector is not listed in the report, it is possible that it is encompassed by section 4, under the ‘Executive / Professional’ heading.  But in section 5, ‘Executive(s) / Professional (s)’ in short supply from a ‘staff availability’ point do not include lawyers. The Law Society’s Annual Statistics report in 2012 reveals that there were 165,971 solicitors on the Roll and the report does not elaborate on how many foreign born or migrant solicitors there are in the UK. The Law Society does cater for foreign lawyers and has a scheme entitled Qualified Lawyers Transfer Scheme (QLTS) in which lawyers from recognised jurisdictions can obtain a license to practice as a solicitor in England and Wales. ## Could the current UK visa rules make things worse? The most prevalent route for migrants to work in the UK is the Tier 2 (General) migrant visa.  It is designed to attract skilled migrants who have a job offer to come to the UK to work for up to six years in a role that cannot be filled by a British born worker.  Given the number of law graduates produced every year this criteria could be hard to satisfy.  In addition the job must be at graduate level and have a minimum salary of £20,300 per year. It is important to note that the government have capped this route at 20,700 per year but there is no limit for those paid above £152,100 per year. The direct impact of the visa rules on the legal profession is yet to be seen. Statistics published last year by the Office for National Statistics (ONS) indicated that the number of foreign born people finding jobs in the UK had increased by 225,000 to 4.26m in a year, compared with a rise of just 192,000 British born workers. The government has vowed to reduce the annual net migration to 100,000 for the next general election however official figures for net migration released in November 2013 show a surprise increase of 15,000 in the past year to 182,000. ## Will chambers and law firms be affected? It is important to note that solicitors and barristers are not listed in the current shortage occupation list, a list that is updated and reviewed regularly by the Migration Advisory Committee which informs the Government of the sectors in which there is a shortage of supply. The current list includes professionals in the engineering and medical sector which indicates that this is the main area in which the Government wishes to recruit skilled migrants. From the report the logical inference to join is that there is no skills gap in the legal market at present.  However, the legal professional has always prided itself on its diversity and availability to foreign students.  As the points based system starts to bite, it is possible, due to the complexity of the current Rules, that foreign lawyers will be less willing to come to the UK to ply their trade.  The diversity of the legal profession may well suffer in the long run, even if the Legal Practices in the UK maintain full staffing levels. --- # When can the UK Government Refuse Naturalisation Due to Bad Character? Source: https://immigrationandvisasolicitors.co.uk/can-uk-government-refuse-naturalisation-due-bad-character/ *Leading UK legal publisher, [LexisNexis' LexisPSL](https://www.lexisnexis.com/uk/lexispsl/pslhome) interviewed our Immigration Team for an article on 'when can the government refuse naturalisation due to bad character?' **We commented on the Court of Appeal's determination in the recent case of [R (on the application of AHK & Ors) v Secretary of State for Home Department [2014] EWCA Civ 151, [2014] All ER (D) 264 (Feb)](http://www.bailii.org/ew/cases/EWCA/Civ/2014/151.html) and discussed the current legal framework behind the Secretary of State's power to refuse naturalisation on the grounds of good character.* The full LexisPSL report is available for download here: [LexisPSL - When can the UK Government Refuse Naturalisation Due to Bad Character?](http://web.archive.org/web/20141226041805/http://immigrationandvisasolicitors.co.uk:80/wp-content/uploads/2014/05/When-can-the-UK-Government-Refuse-Naturalisation-Due-to-Bad-Character.pdf) ## R (on the application of AHK & Ors) v Secretary of State for Home Department [2014] The applicants had all been refused naturalisation as British citizens on the grounds that they were not of 'good character'. Their applications for judicial review failed and they were granted permission to appeal. The appeals were stayed pending any certification of their applications by the Secretary of State under the Special Immigration Appeals Commission Act 1997, s 2D (SIACA 1997), which would give them the opportunity to challenge the Secretary of State's decisions to the Special Immigration Appeals Commission (SIAC). At a directions hearing, the Court of Appeal, Civil Division, stayed the judicial review proceedings pending determination of any application to the SIAC. ## Law Behind Secretary of State's Power to Refuse Naturalisation on Grounds of Good Character The British Nationality Act 1981, s 41A (BNA 1981) mentions the good character requirement for applicants wishing to register as British citizens. It states that an application for registration as a British citizen must not be granted unless the Secretary of State is satisfied that the person is of good character. Interestingly, the Act does not specify what exactly is meant by ‘good character’ and it has been left open to interpretation. When considering a naturalisation application the Home Office carry out relevant checks to ensure that the applicant has paid their taxes or if they have any criminal convictions. The Home Office also liaise with other government bodies to ensure that that the applicant is more generally of a ‘good character’. Further, the application form requests that applicant declare any involvement with terrorism, or affiliations with any crimes in the course of armed conflict including crimes against humanity, war crimes or genocide. Typically when an application is refused on ‘good character’ or ‘conduct’ grounds the information provided is scarce.  This lack of information on the alleged short comings of the applicant was considered in R (on the application of AHK and others) v Secretary of State for the Home Department. ## Explanation of Level of Disclosure of Reasons for Refusal Required by Secretary of State The appeal focused on the Secretary of State’s decision to not give the Appellants’ detailed reasons for the refusal of their citizenship applications. This was justified by the Secretary of State’s on the basis that disclosure of the reasons would be contrary to the public interest. However the reason provided by the Secretary of State was deemed insufficient by the appellants and their grounds of appeal relied on the fact that they were entitled to a ‘core minimum level of disclosure’. The Appellants argued that disclosure had been wrongly denied to them and that they should be provided with the opportunity to rebut the Secretary of State’s allegations that they do not have ‘good character’. ## Court of Appeal's Approach to Alternative Remedy of Recourse to SIAC Despite various arguments forwarded as to why disclosure should be provided, the Judge directed that, save for certain wording agreed between the Secretary of State and the Specially Appointed Advocate, there was to be no further disclosure to the Appellants. A complicating factor in *AHK *was the Justice and Security Act 2013 ("the 2013 Act") which came into force and thus provided a possible alternative procedure for challenges against certain types of decision including the naturalisation decisions in issue in the proceedings. Section 15 of the 2013 Act inserted new provisions into the Special Immigration Appeals Commission Act 1997 ("the 1997 Act") empowering the Secretary of State to certify that the decision was based on information that should not be made public in the interests of national security and, where such a certificate was made, entitling the person concerned to challenge the decision in SIAC. Specifically, section 2D of the 1997 Act relates to naturalisation and citizenship decisions. It includes provisions to the effect that SIAC is to apply judicial review principles in determining such applications and has all the remedies that would be available in judicial review proceedings. On 6 February 2014,the Secretary of State certified under section 2D of the 1997 Act each of the naturalisation decisions in issue in the proceedings, thereby giving the Appellants the opportunity to challenge those decisions by way of applications to SIAC. The certification provisions were intended to provide a new and more effective single forum, in SIAC, for challenges to decisions of this kind. It was held the Appellants should not be allowed to adopt a "wait and see" approach in relation to the pursuit of proceedings in SIAC. ## Consideration for Lawyers, Concern for Clients This leaves those asked to provide advice in this area of law in a difficult position.  An Appellant will have to decide whether to pursue the application through SIAC or through the Higher Courts.  This may depend upon the certification process, but such certificates may well become the norm.  Appellants will be faced with Data Protection requests and possible onward applications to the Commissioner if information is not supplied or is redacted.  But, faced with an adverse ‘good character’ assessment it appears that Appellants will  have little information provided to them to support such allegations and the Courts/ Tribunals will be slow to assist in the process of discovery.  Previously, Home Office immigration systems were referred to as not being fit for purpose.  It appears the Courts are placing great faith in the accuracy of document keeping and records. By not providing the same to Appellants it is very difficult for a disgruntled Appellant to challenge. --- # House of Lords: remove International Students from the headline Immigration Figures Source: https://immigrationandvisasolicitors.co.uk/house-of-lords-distinguishing-between-international-students-and-other-migrants/ *Following on from the [third reading](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/third-reading-immigration-bill/) of the Immigration Bill which took place on 6 May 2014, Baroness Williams of Crosby posed an important question during the House of Lords debate today. Baroness Williams of Crosby asked the House whether the Government had plans to remove international students from the headline immigration figures.* As the elections near, immigration has definitely been at the center of debate. As we reported earlier this year, Indian born British entrepreneur [Lord Bilimoria was critical of the government’s immigration cap](https://web.archive.org/web/20140608101345/http://www.travelbizmonitor.com:80/nri-entrepreneur-lord-bilimoria-for-easing-uk-visa-rules-for-indian-students-23198) and believed that students should be removed from this.  ## Lords Warn Government: Message to International Students 'Must be Clear' During the debate it was suggested that net migration statistics can be broken down in categories; students can be clearly distinguished from these statistics. Therefore, if the government wanted to, they could remove students from net migration statistics. Lord Holmes of Richmond stated that "the message must be clear to international students: we want you and we welcome you." However, Lord Holmes asked for reassurance that the Government would do everything  to ensure that, when it comes to global higher education, the brightest and the best students would choose Britain. In response the Lords felt this was indeed the Government's policy and they hoped that it would be possible to persuade Universities and UK to take this opportunity to improve their position as a second provider of higher education to the world student population. ## Lord Bragg: Government is Excluding Students from China & India Lord Bragg reiterated Lord Bilimoria's sentiments that the UK's immigration rules for students are causing Indian students to turn away from the UK. He asked whether the current government fully understood the damage being done by the UK's student immigration policy: > "I speak as chancellor of the University of Leeds. I refer not only to the damage in fees, which is well over £1 million or £1.5 million—a lot to any university—but to the fact that we are excluding more than 23% of people from China and India. Does the Minister understand the value of those contacts, their value to our future negotiations, prosperity and culture and the lessening of value of our academic status in the world by this policy?" Lord Taylor of Holbeach added to the debate: > "The point of my argument is that students come here not just for six months or so but to pursue a course of study and, following that course of study, they go on to do other things." ## Successful UK Tier 4 Student Visa Applications & Appeals If you are a student wishing to come to the UK to study, our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration:Theresa May Wins Vote to Make Terror Suspects Stateless Source: https://immigrationandvisasolicitors.co.uk/uk-immigrationtheresa-may-wins-vote-make-terror-suspects-stateless/ *Last week, [we reported](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/third-reading-immigration-bill/) that during the third reading of the Immigration Bill at the House of Commons, Theresa May won the vote by by 305 to 239 to make terror suspects stateless.  In the House of Lords yesterday, peers voted through the new clause to the Immigration Bill in a 286 to 193 vote. It should be mentioned that the clause in practice can only be used on those who have dual-nationality. Under the current laws, the Home Secretary cannot remove citizenship if it will leave an individual stateless. Some human rights lawyers have compared the legislation to ‘medieval exile’, with 27 people losing their citizenship on national security grounds under the current legislation.* ## Baroness Kennedy QC Questions Practicability of Clause 60 Although the Home Secretary won the vote by [305 to 239](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/third-reading-immigration-bill/) in the House of Commons, she will not be allowed to make migrants stateless without “reasonable grounds” that they would be able to become a Citizen somewhere else. Baroness Kennedy QC, who was among the peers in the House of Lords yesterday [questioned the clauses' practicability](http://www.thebureauinvestigates.com/2014/05/13/house-of-lords-votes-in-favour-of-government-plans-to-make-terror-suspects-stateless/): > "Would another country seriously consider giving nationality, even to someone who might have the ability to apply for nationality of that country, if it knew that British citizenship had been removed on the grounds that the person was believed to be in some way linked to, or to condone, international terrorism?" ## 'Disappointing' to see Change in UK Human Rights Policy Last month, the Joint Committee on Human Rights (JCHR) published a report in which they stated their belief that clause 60 of the Bill (to deprive a naturalised citizen of their citizenship) may lead to an increase in statelessness which could represent a change of position in the UK's human rights policy. Dr Hywel Francis, the chair of the joint committee on human rights, [stated](http://www.standard.co.uk/panewsfeeds/fears-raised-over-statelessness-9165871.html): > "The new power will lead to an increase in the number of stateless people and exposes British citizens to the risk of being left stateless. As the supreme court recently said, statelessness is an 'evil': it takes away the right to have rights. > > The power does not in itself put the UK in breach of any of its international obligations in relation to statelessness but it does pose the risk of breaching our international obligations to other states. We are particularly concerned about the power being used when citizens are abroad. Parliament needs more information about how similar powers have been used in the recent past and assurances about how this power will be used in the future." ## Successful UK Naturalisation/British Citizenship Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a naturalisation/British citizenship application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Home Office Publishes New Tier 2 Sponsorship Guidance Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-home-office-publishes-new-tier-2-sponsorship-guidance/ *Last month, the Home Office published updated guidance for Tier 2 and Tier 5 sponsors; the changes will affect both sponsor licence holders as well those organisations intending to apply for a Tier 2 or Tier 5 sponsor licence. As we reported in January this year, the government published statistics which showed that in 2013, there was a 5% rise in the number of visas granted related to work. The increase was largely accounted for by higher number of visas issued for skilled workers (Tier 2) and for Youth Mobility and Temporary Workers (Tier 5) who had been assigned a Certificate of Sponsorship (COS) by their sponsor.* ## Summary of Changes to Tier 2 & 5 Sponsor Guidance The following is a summary of the Home Office’s changes which came into effect on 6 April 2014: - Appendix A: this has now been restructured so it is easier to follow. The Home Office will now do online checks for certain documents instead of asking to see a physical document; - Criminal convictions: the Home Office have simplified their policy as to what is regarded as a criminal conviction; - Authorising Officer: the Home Office have now stated that the Authorising Officer must be the most senior person responsible for employing migrants.  This is to emphasise the serious commitment the sponsor makes to the Home Office when they are granted a licence; - Sponsor Ratings: the Home Office will no longer grant a B rated sponsor with a sponsor licence. Applicants must be able to show their ability to be fully compliant with all the sponsor duties before a licence will be granted; and - New exemption from Resident Labour Market Test (RLMT): sponsors do not have to conduct a RLMT if they are a Higher Education Institution and were previously sponsoring a migrant who is returning to resume their post following a period of academic leave. ## Obtaining a UK Sponsorship Licence As a sponsor, employers will need to provide evidence to the Home Office that they are suitable and eligible to become a sponsor. They will need to prove that they are a genuine employer based in and working lawfully in the UK and that they are able to comply with employment and immigration law and good practice, among other requirements. The Home Office will carry out appropriate checks before deciding whether to grant the sponsorship licence. Once a sponsorship licence is approved, the sponsor will appear on the public register of sponsors which can be found on the Home Office’s website. ## UK Sponsorship Licence Solicitors & Work Visas for Foreign Workers Obtaining a UK Sponsorship licence is far from a straightforward process involving referencing not only the immigration rules but also supplementary guidance notes. Together with this issue is ensuring that the bundle of supporting documents meets the Home Office's stringent requirements and properly evidences the application. For this reason it is usual for a professional employer to instruct expert immigration sponsorship solicitors to manage this process. There is currently no appeal process against any decision made by the Home Office with respect to Sponsorship Licences, so any problems against any decision made by the Home Office would involve costly and lengthy legal action for Sponsors. It is therefore imperative that you instruct professional solicitors who specialise in obtaining sponsorship licences and will guide your business step by step through the process involved in not only obtaining a sponsorship licence but also complying with ongoing requirements vis a vis sponsorship duties. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your eligibility in obtaining a UK Sponsorship Licence and to find out more about your [duties once you are a Sponsor](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/ukba-uk-sponsor-licence-sponsorship-home-office-duties-work-permits/). If you wish to obtain a visa to work in the UK, our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. --- # UK Tier 1 Visa Refusal Case: Shebl (Entrepreneur: Proof of Contracts) [2014] Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-hebl-entrepreneur-proof-contracts/ *Last week, the Upper Tribunal handed down a judgement in Shebl (Entrepreneur: proof of contracts)[2014] UKUT 00216 (IAC)** in relation to the Secretary of State's application of paragraph 41-SD(c)(iv) of Appendix A to the Immigration Rules in Tier 1 Entrepreneur visa applications. In this case, the A**ppellant Mohamed Adel Mohamed Mohamed Shebl was refused leave to remain in the UK as** a Tier 1 (Entrepreneur) migrant. The Home Office refused the application on 17 May 2013 and and gave the appellant the right to appeal. * ## Tier 1 Entrepreneur Visa Refusal: Facts of Shebl The application was refused on the basis that the Appellant had not provided evidence that he met with the requirements of provision (d) of Table 4 to Appendix A (iv). Under this provision, Applicants' have to show that they are engaged in a business activity, other than the work necessary to administer their business, in an occupation which appears on the list of occupations skilled to National Qualifications Framework Level 4 or above, as stated in the Codes of Practice in Appendix J. In addition to this, Applicant's must provide the specific evidence in paragraph 41-SD. The Secretary of State maintained that the Appellant had not provided sufficient evidence to show that he was a 'Sales and Managing Director', despite the fact that he had provided evidence such as tax documentation, accounts and advertising and marketing information. ## Shebl: Upper Tribunal's Determination The Tribunal Judge's found that a combination of the documents that the Appellant had submitted with his application including the Certificate of Incorporation of the company and numerous purchase orders/Pro-forma invoices and sales/commercial invoices, proved that he was indeed working as a Sales and Marketing Director for his company. Vice President of the Upper Tribunal C M G Ockelton stated: > "The Secretary of State’s position  is that the Immigration Rules envisage a contract included in a single document, and that a series of documents that together show all material required by the Rules does not constitute “a contract”.  We can see no proper basis for that assertion.  The intention behind the Rules is that the claimant be able to show that he is genuinely trading.  It strikes us as inconceivable that the entrepreneur route was to be confined to the types of trading in which contracts are made by single documents.  Paragraph 41-SD very properly specifies that there must be documentary evidence sufficient to show genuine contracts, and containing sufficient information to enable the Secretary of State to check the matter with the other parties for the contracts if she chooses to do so.  But there is a world of difference between requiring contracts to be evidenced by a proper paper trail and requiring each contract to be contained in a single document.  In our judgment the Rules require the former, but not the latter." For the reason that multiple documents may be used to evidence the relevant requirement and not be contained in a single document the Secretary of State’s appeal was dismissed. ## Contact us for successful outcome to your Tier 1 Entrepreneur Visa/Appeal Our team of experienced and professionally qualified solicitors and barristers (regulated by the Solicitor's Regulation Authority) will be able to guide you through the visa application/appeals process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529. --- # UK Tribunal Overturns Home Office Decision to Refuse Spouse Visa Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-home-offices-spouse-visa-refusal-decision-overturned-at-tribunal-hearing/ *This month, a couple were left overjoyed following a [years campaign](http://www.expressandstar.com/news/local-news/2014/05/13/wifes-joy-as-judge-overturns-visa-ban/) and a tribunal hearing in Birmingham where a judge overturned the Home Office's decision to refuse their visa application. Robert Cooper, a British national is married to Brazil born Adna, whose initial resident visa application was refused, based on insufficient evidence of finance. The Home Office has introduced a stringent criteria which you will need to meet in order to make a successful visa application. There is an extensive amount of documentary evidence you will need to provide in order to support the fact that you are in a genuine relationship and that you meet the financial requirements as set by the government. Most applications are refused because applicants have not been able to fully substantiate this.* ## Home Office Refuse Spouse Visa Application Robert and Adna met in Sao Paulo, Brazil while Robert was working on a missionary. The couple returned to the UK and got married at Kingswinford Christian Centre, before going back to Brazil to continue working. When Adna wanted to return to the UK, she could only get a tourist visa, therefore cutting her trip shorter then she would of liked. The Coopers decided to apply for permanent residency in the UK, but the application was refused by the Home Office partly because Robert could not prove that he met the threshold of £18,600. Although Robert does earn the required amount from the Brazilian based church that he works in, he could not provide payslips as his employer, a non-profit organisation, did not supply them, but instead submitted accountant receipts. The couple lodged an appeal to the Tribunal, where the judge overturned the Home Office's decision. Mr Cooper stated: > "We were both totally overjoyed - we knew they (Home Office) were wrong, but we were still anxious the case could all be lost and we'd never be able to live together in the UK. It's been an exhausting year, as a couple we feel like we have overcome an awful lot, but we're here at last and I can't wait to get out there and see her again. I hope she can come back with me and we can start life all over again." Although the couple are happy with the result, they are still baffled by the initial refusal but believe that the judge overturned the Home Office's decision because he must have looked at the evidence provided and agreed it was an "unreasonable demand by the Home Office." ## What is the current Financial Requirement? The Immigration Rules were amended on 9 July 2012 to introduce a [financial requirement](http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/) to be met by a person applying for leave to enter, leave to remain and indefinite leave to remain in the UK on the basis of their family life with a person who is: 1.     British Citizen; or 2.     present and settled in the UK; or 3.     in the UK with refugee leave or humanitarian protection. The rules specify that a sponsor must be earning £18,600 per annum before they can sponsor their spouse, unmarried partner or same sex partner to enter or remain in the UK. Although there are provisions for combining the earnings of the sponsor and the applicant; this has proved to be problematic for many individuals.  In *[R (on the application of MM) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin)](http://www.bailii.org/ew/cases/EWHC/Admin/2013/1900.html),* Immigration Judge* *Blake J carefully considered the UK's immigration rules requiring a minimum income of at least £18,600 for spouse visa applications and stated that they could constitute an unjustified and disproportionate interference with the ability of spouses to live together. He suggested that an appropriate figure may be around £13,400 and highlighted the position of young people and low wage earners caught by the higher figure in the rules. This case is currently being considered by the Court of Appeal, our Immigration Team will provide an update once a judgement has been determined. ## Are you affected by the 'Financial Requirement'? The Home Office's rules on financial requirements affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route. The rules define the basis on which a person can enter or remain in the UK on the basis of their family or private life. If you intend to make an application as the spouse, partner, fiance(e) or proposed civil partner of a British citizen, you and your sponsor will need to meet the financial requirements. If you would like to discuss how the financial requirement may affect you, please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) today and our London immigration solicitor's will be able to assist you by meeting with you and reviewing your case. If you have had a spouse visa refused on the grounds that you did not meet with the financial requirements, contact us so we can review your case. --- # Home Office: Code of Practice on preventing Illegal Working Source: https://immigrationandvisasolicitors.co.uk/home-office-code-practice-preventing-illegal-working/ *The Home Office published a [draft code](https://www.gov.uk/government/publications/preventing-illegal-working-code-of-practice-for-employers) on prevention of illegal working, to make small businesses aware of the changes to their obligations to ensure that they are  not employing someone who does not have the right to work in the UK. The changes to the civil penalty code came into force on 16 May 2014. Under the the Immigration, Asylum and Nationality Act 2006 employers are made aware of their responsibilities to prevent illegal working by ensuring that their employees have the right to work in the UK. However, if employers do not follow the necessary checks and employ an individual who does not have the right to work in the UK, they will face a civil penalty of £20,000 per worker. With the new code of practice already in effect, employers have new procedures to follow.* ## Overview of changes to the Civil Penalty for UK Businesses The civil penalty scheme has been designed to encourage UK businesses to comply with the Immigration Rules to prevent illegal working by carrying out document checks. - Civil Penalty Notice: If a business has been found employing an illegal worker(s), they may be issued with a notice informing them of the details of the case made against their business will be referred to officials whose responsibility is to administer the civil penalty scheme, to consider their liability for a civil penalty for breaching section 15 of the Act; - Fast payment option: Businesses now have a fast payment option, which reduces their fine by 30 per cent if the Home Office receive payment in full within 21 days of the civil penalty notice; - Installment payments: If a UK business has a penalty that will have an impact on the employer and they are unable to pay the fee in one sum, the employer will be able to pay the penalty in installments over an agreed period of time with the Home Office; - Enforcement and Consequences: The Home Office will take action against businesses that fail to pay the penalty in full or by installments, or object or appeal, by the specified due dates. it should be noted that this course of action could have an adverse affect of the credibility on the business and the director. For example, If you are an employer who is subject to immigration control, you should also be aware that if you are liable for a civil penalty, this will be recorded on Home Office systems and may be taken into account when considering any future immigration application that you make. ## Acceptable Documents for the Right to Work in the UK The Home Office has also [revised the list ](http://www.smallbusiness.co.uk/blog/2463477/preventing-illegal-working-changes-to-employer-obligations.thtml)of documents into two parts list A and B. List A: Details the documents needed for checking purposes for a person who has a permanent right to work in the UK. The statutory excuse will be for the whole duration of the employee’s employment with the business because there are no restrictions on their permission to be in the UK. They do not have to repeat the right to work check. List B: Details the documents needed for checking purposes for a person who has temporary right to work in the UK. The statutory excuse will be limited because the employee has restrictions on their permission to be in the UK and to do the work in question. ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business and have been affected by the Home Office’s raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor these migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # The Tier 1 Entrepreneur Visa route under the Points Based System Source: https://immigrationandvisasolicitors.co.uk/the-tier-1-entrepreneur-visa-route-under-the-points-based-system/ *The [Tier 1 Entrepreneur Visa](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) route under the Points Based System (PBS) demonstrates the UK Government’s desire to attract high net worth individuals from outside the EEA, who wish to invest in the UK by setting up or taking over, and being actively involved in the running of a business or businesses in the UK. The government encourages wealthy individuals to invest in the UK as it believes that they are essential for renewed economic growth in the UK. The [UKTI](http://www.ukti.gov.uk/investintheuk/whytheuk.html) describe the UK as one of the leading business locations in the world and the number one destination for inward investment (FDI) in Europe. In 2013 973 Entrepreneur visas granted and a further 1,323 dependents. John Vine, the Chief Inspector, noted recently that there had been a 1,520% increase in applications for Tier 1 Entrepreneur between February and December 2012 which the Home Office claimed was a result of the closure of the Post Study Work route. * ## Requirements for switching to a Tier 1 Entrepreneur visa Tier 1 PSW migrants scheme officially ended on 5 April 2012, but migrants who were on the scheme can switch into the Tier 1 Entrepreneur route by making an initial application in the UK. An applicant must demonstrate that he/she has access to £50,000 which is held in one or more regulated financial institutions and the money is disposable in the UK. In addition, the applicant will need to meet the English language, the maintenance and other requirements. Individuals who are switching categories, will be granted leave for 3 years, thereafter a successful extension application will grant leave to remain for a further 2 years. ## Centre for Entrepreneurs Report: Migrants Behind 1 in 7 UK Companies Earlier this year a report published by Centre for Entrepreneurs and business information experts DueDil, showed that migrant entrepreneurs have set up one in seven UK companies, with people born abroad almost twice as likely to start a business in the UK. It seems that companies founded by migrants are responsible for 14% of all jobs. This has led to analysts stating that the report highlights the positive impact migrants have made on the UK’s economy. According to the report, nearly half a million migrants from 155 countries have settled in the UK and launched businesses. There is significant representations from Ireland, India, the US, Germany and China, as well as African countries. There are 464,527 active UK companies with migrants as founders or co-founders; with a total of 3,194,981 active UK companies (not including sole traders), migrant entrepreneurs are behind 1 in 7 of all UK companies. Some of the reasons the UK has become a desirable destination for entrepreneurs is due to: - The country having one of the lowest corporation tax rates in the G20; - A company can be registered withing 48 hours; - The UK is the home to 4 of the world's top 10 universities; - The Labour force in the UK is the second largest in Europe; and - The UK government offers support to start-ups and entrpreneurs. ## Successful Tier 1 Entrepreneur Visa Applications & Appeals Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Entrepreneur visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # UK Immigration: Bahraini Asylum Seeker faces Deportation Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-bahraini-asylum-seeker-faces-deportation/ *An increasing number of foreign nationals living in the UK are being subjected to deportation orders. *A [deportation](https://web.archive.org/web/20170116062335/https://immigrationandvisasolicitors.co.uk/stop-uk-deportation-removal-order-immigration-lawyers-london/) order requires a person(s) to leave the United Kingdom along with authorising his or her detention until he or she are removed by a ‘notice for deportation’. It also prohibits that person from re-entering the country for as long as it is in force and invalidates any leave to enter or remain in the United Kingdom. In the news today, Isa Haider Alaali, a Bahraini teenager is due to be deported to Bahrain on Thursday morning despite having been sentenced in absentia to 5 years in jail for illegal gathering and rioting during a 2011 uprising. ## Ala’a Shehabi: Home Office not taking into account ‘credible risk of harm’ [Alaali](http://www.ibtimes.co.uk/home-office-poised-deport-bahraini-teen-isa-haider-alaali-who-faces-prison-torture-1449500?), is a 19 year old from Bahrain who claimed asylum in the UK, however his asylum application has been rejected twice and he now fears being deported to the Gulf state. The 19-year-old was arrested three times in Bahrain for attending pro-democracy protests that shook the Gulf Kingdom in 2011. He claims when he was first arrested he was subject to torture. The teenager fled to the UK after his third arrest seeking asylum. Alaali, was placed on Fast Track Detention (FTD) on 14 February 2014 and on 15 May 2014, the Home Office ordered Alaali to be deported to Bahrain. Ala'a Shehabi, a Bahraini-British political activist and member of Bahrain Watch group commented on the injustice: > "The UK government has a responsibility towards him. The government is not taking into consideration this boy's risk factor. The UK, despite being given information about credible risk of harm, is knowingly sending him back to Bahrain." An urgent judicial review of the Home Office decision to remove Alaali has been filed. The urgent application for an injunction to postpone his removal which is set for 22 May 2014 at 10am. ## Claiming Asylum In The UK To be [recognised as a refugee](https://www.gov.uk/claim-asylum/eligibility), you must: - have left the country you’re a national of or, if you’re stateless, the country you usually live in - be unable to go back because you fear persecution - be unable to live safely in another part of the country you left - have failed to get protection from authorities in the country you left This persecution must be because of your: - race - religion - nationality - political opinion - membership of a particular social group that puts you at risk because of the social, cultural, religious or political situation in your country – eg your gender, gender identity, sexual orientation. ## Contact us for a successful UK Asylum application Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # New ONS UK Immigration Statistics Show Increase in EU Migration to UK Source: https://immigrationandvisasolicitors.co.uk/new-ons-uk-immigration-statistics-show-increase-eu-migration-uk/ *This morning, the Office for National Statistics (ONS) published their [Migration Statistics Quarterly Report (May 2014)](http://www.ons.gov.uk/ons/dcp171778_362934.pdf) which reveal a rise in the arrival of EU citizens to the UK in the year to December 2013. As voters took to the polls in European and local elections, the ONS revealed some 201,000 EU citizens immigrated to the UK in the year ending December 2013, a "statistically significant" rise on the 158,000 the previous year. Separate data shows a 7% rise in registrations of overseas workers to 603,000 in the year to March 2014. The level of net migration stands at more than twice the government's target of 100,000 a year.* ## Summary of ONS Migration Statistics The Office for National Statistics figures on net migration reveals that: - Net long-term migration to the UK was estimated to be 212,000 in the year ending December 2013, not a statistically significant increase from 177,000 the previous year and unchanged from the net migration figure previously reported for the year ending September 2013. - Recent patterns of net migration over the last two years show an increase since the lowest estimate of 154,000 (year ending September 2012). However, net migration has continued to be lower than the general level of net migration since 2004. - 526,000 people immigrated to the UK in the year ending December 2013, not a statistically significant difference from 498,000 the previous year. 43,000 more EU citizens and 11,000 fewer non-EU citizens immigrated to the UK than in the previous year. - 214,000 immigrated for work in the year ending December 2013, a statistically significant increase from 180,000 the previous year. Work remains as the most common reason for immigrating to the UK. Immigration for study (177,000) has remained steady. - 125,000 EU citizens immigrated for work in the year ending December 2013, a statistically significant increase from 95,000 the previous year. 62,000 were citizens from EU15 (pre-2004) countries, a statistically significant increase from 49,000 the previous year. ## Rise in EU Migration to UK In particular, the ONS said the number of National Insurance numbers issued to overseas workers rose 7% to 603,000 in the year ending March 2014. It seems that of those, there were significant rises in registrations by workers from four EU countries: - Polish registrations were up by 11,000 to 102,000; - Italian registrations rose by 9,000 to 42,000; - Bulgarian registrations climbed by 7,000 to 18,000; and - And Romanian registrations increased by 29,000 to 47,000. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Tier 1 Graduate Entrepreneur Visa: Changes to UK Immigration Rules Source: https://immigrationandvisasolicitors.co.uk/tier-1-graduate-entrepreneur-visa-changes-uk-immigration-rules/ *The Tier 1 Graduate Entrepreneur visa route is for non-European graduates who do not have a job offer from an employer, but instead have a genuine and credible business idea and entrepreneurial skills that they wish to put into practice in the UK. The Home Office have recently announced a number of changes to the UK’s Immigration Rules, most of which took effect from 6 April 2014, with many coming into effect on 1 July 2014. * ## Tier 1 Graduate Entrepreneur Visa: A Summary The government have explained that the route is open to UK graduates who have been identified by Higher Education Institutions (HE1) as having developed genuine and credible business ideas and entrepreneurial skills to establish one or more businesses in the UK. This route is also available for graduates who have been identified by UK Trade & Investment (UKTI) or as elite global entrepreneurs to establish one or more businesses in the UK. The UK government recognises the importance of welcoming the world's most talented and as such in March 2014, the UK Immigration Minister James Brokenshire announced that the Tier 1 Graduate Entrepreneur scheme is to be made more flexible and simpler. This is by removing the ring fencing of places for MBA graduates and the current restrictions on participants graduation dates. ## Tier 1 Graduate Entrepreneur Visa: Changes to Immigration Rules The Home Office have announced that from 1 July 2014, the amount that applicants will need to show for maintenance is due to increase from £900 to £945 if applying from inside the UK and from £1800 to £1890 if applying from outside the UK. Applicants must ensure that they have had this amount for a 90 consecutive 90 day period. Please note as before you could switch into the Tier 1 Graduate Entrepreneur visa route. In addition to this, from 6 April 2014, the following changes have been made and apply: - Separation of endorsements for MBA graduates and for all other graduates are now abolished; institutions are now given a total amount of general endorsements which will be available for all students, MBA or otherwise; - Applicants can switch from the Tier 1 Graduate Entrepreneur visa into the Tier 1 Exceptional Talent visa as well as Tier 2 General and Tier 1 Entrepreneur; and - The Home Office have increased the cost of a Tier 1 Graduate Entrepreneur application from £406 to £422. ## Successful UK Tier 1 Graduate Entrepreneur Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1 Graduate Entrepreneur visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 1 Graduate Entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Home Office’s MAC: suggest Reform to Tier 1 Investor Visa Scheme Source: https://immigrationandvisasolicitors.co.uk/home-offices-mac-suggest-reform-to-tier-1-investor-visa-scheme/ *This month, Professor Sir David Metcalf the chairman of the Home Office's migration advisory committee (MAC) has told the [Telegraph](http://www.telegraph.co.uk/finance/china-business/10821136/Visa-scheme-for-wealthy-should-fund-start-ups.html) that high net worth individuals from countries such as China should be encouraged to invest in UK infrastructure or start-up businesses in return for the right to live in Britain . The current scheme allows migrants to invest a minimum of £1 million, predominantly in gilts, to live in Britain but does not give them access to a UK passport. Sir David told the Telegraph that the Government should look at adapting the current visa scheme to benefit fledgling companies or infrastructure projects in the UK.* ## Professor Sir David Metcalf: Start Up Companies more beneficial to UK Sir David has said investments in start up companies are more difficult to value but suggested that the Government should adapt the current Tier 1 Investor scheme so that more of the investors' money benefits companies in the UK, this could potentially help the UK economy more than the current system. Under the current Tier 1 Investor route, high net worth individuals who want to live in Britain have to prove they have £1m, £5m or £10m to invest in this country — 75 per cent of which must be ploughed into either Government gilts or share capital in UK registered companies. > "We think those [alternative investments] would be much more beneficial to UK plc and there is considerable advantage attached to that, which lots of the stakeholders … wanted, which is to get rid of the topping up rule”. ## Increase of Tier 1 Investors Issued to Wealthy Nationals The rise in investor visas issued to Chinese nationals comes after David Cameron visited Beijing earlier this year on a trade trip and encouraged Chinese entrepreneurs to invest in the UK. Speaking to a group of businessmen and women, [he stated](http://www.dailymail.co.uk/news/article-2546599/Boom-British-visas-given-wealthy-Chinese.html): ‘If you are investing in Britain, invest more. ‘If you are thinking of investing in Britain, come and find us. You will get a warm welcome.’ It also seems that Russian nationals are becoming increasingly successful, with 125 people entering the UK between June 2012 and June 2013 with investor visas. Statisitcs show that investor visas jumped from 423 in 2011-12 to 530 in 2012-13 and in addition to the 530 investor visas, 1,038 visas were issued for applicants’ dependents. Almost 1,600 investor visas were granted to high net worth individuals and their dependants in the 12 months to the end of September 2013. James Sproule, director of policy at the Institute of Directors (IoD), commented on the current scheme: > “We want people from all over the world to come to invest in the UK, but the Government shouldn’t be using these visas to boost the gilt market, there’s plenty of appetite for British government debt anyway. The IoD would support a change in the visa so all of the investment goes toward boosting British business.” ## Successful UK Tier 1 Investor Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1 Investor visa application (and applications for your dependants) step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 1 Investor visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: number of Saudi Students studying in the UK increases Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-number-of-saudi-students-studying-in-the-uk-increases/ *This week, [British Ambassador](http://english.alarabiya.net/en/life-style/travel-and-tourism/2014/05/28/UK-opens-new-visa-center-in-Jeddah.html) Sir John Jenkins said that the UK welcomes over 100,000 Saudis every year, estimating that 45,000 applications are from Kingdom's Western Region. Sir John was talking at the opening of a new visa center in Jeddah, Saudi Arabia. He claimed that the majority of applications made were for tourist and study visa purposes. Last year in December 2013 the Home Office announced that from 1 January 2014, those who hold a passport from United Arab Emirates, Qatar or Oman can visit the UK (for tourism, business or study purposes) for up to 6 months with an electronic visa waiver (EVW).* ## UK opens new Visa Center in Jeddah, Saudi Arabia The British Ambassador has said the new visa center was opened in Jeddah because of Britain's increasing popularity as a destination for leisure and business.  Steven Dick, a British Embassy spokesman, stated that the number of Saudi students coming to the UK is between 16,000 and 20,000. > "All students have to go through the same visa process whether part of scholarship program or not.” At the beginning of this year those who hold a passport from United Arab Emirates, Qatar or Oman can visit the UK with a [EVW](https://www.gov.uk/government/news/uk-electronic-visa-waiver-introduced-for-oman-qatar-and-uae). This is for individuals that that plan to study or stay in the UK for more than 6 months, work or get married or register a civil partnership in the UK. ## Immigration Statistics: Migrating to the UK to study In the last decade there have been changes in the number of people migrating to the UK to study. Around 140,000 to 150,000 long-term migrants arrived in the UK annually to study during the early 2000s. This started to increase from 2008 to a peak of 246,000 in the year ending September 2011. Since then the number has steadily declined and recently leveled to 177,000 in the year ending December 2013. There were 219,053 visas issued for the purposes of study (excluding student visitors) in the year ending March 2014, a rise of 6%. An estimated 71% of long-term immigrants to the UK for study are non-EU citizens. In particular, the majority of immigrants to the UK for formal study come from the Other Foreign country group. ## Successful UK Tier 4 Student Visa Applications & Appeals If you are a student wishing to come to the UK to study, our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Businesses Raided but found not liable by Home Office Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-indian-restaurant-raided-not-fined-or-found-liable/ *Our Immigration Team have been following recent news on the Home Office's immigration raids closely. It seems that there are an increasing number of reports where businesses are being raided by the Home Office immigration enforcement team, but business owners are found not liable as they have carried out the correct right to work checks.* Employers have a duty to prevent illegal working and this is done by identifying potential employees who require permission to work in the UK and undertaking prescribed document checks before and during employment. Failure to do so could result in criminal and civil penalties for employers including fines and even imprisonment. ## Raided Indian Restaurant found not liable In news reports [today](http://www.thisislocallondon.co.uk/news/11244182._/), it was revealed that Indian restaurant 'Blue Mint', which is based in Epsom, was raided last year by immigration officers, but not fined or found to be liable by the Home Office. Two months after the raid Moin Uddin, the owner of Blue Mint, received a notice informing him that he was not liable and would not have to pay fines in relation to employing suspected illegal workers. Following a raid on the Blue Mint, three men were arrested, two Bangladeshi men who worked for the restaurant and an Indian man, who lived above the restaurant but was not an employee. Speaking after receiebing news that his business was not liable, owner Moin Uddin, stated that immigration raids are "big news"and insisted that he had carried out the necessary checks before employing the workers. > "Business people suffer because people think we are deliberately employing illegal people. But the documents they provide, we check them to the best of our ability." The Home Office has confirmed that the restaurant owner was held to not be liable for the employment of the three arrested. They went further to explain that the men were found to be "immigration offenders", but none of them are currently being held at an immigration detention. ## UK Businesses: Ways to Prevent Hiring Illegal Workers From [1 May 2014](https://www.gov.uk/government/news/tougher-enforcement-action-and-stronger-penalties-for-unscrupulous-employers), employers have had to act in accordance to tougher proceedings and further compliance requirements from the government. This includes the civil penalty for employing illegal workers doubling from £10,000 to £20,000. In addition, employers face a fine of £20,000 for paying below the national minimum wage, this is sharp rise from the previous fine of £5,000. Not only can employers face a hefty financial penalty, they risk adverse media attention by their business’s details being published by Immigration Enforcement. The penalty is used to deter other businesses from employing illegal workers, as well as punish those who have employed illegal workers. If an employer willingly hires an illegal worker they could face a possible jail sentence for up to 2 years, in addition to paying a fine. To prevent illegal working which could have significant consequences and damaging effects on a business, it is important for employers to check that the documents provided as proof of authorization to work in the UK, have the following: - All documents provided by the employee should be valid; - Employers must ensure that any documents which have photos, are indeed photos of the employee; - Employers must check that the date of birth on documents is consistent with the employee’s appearance; - Employers must ensure that visas obtained by the employee covers the type of work they will be doing, this includes the number of hours they can work; and - If documents provided by the employee have different names, they should be able to give good reasons for this, for example marriage or divorce. ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business and have been affected by the Home Office’s raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Our Immigration Team understands that Home Office raids may cause your business to have negative publicity and as such advises that you are aware of your duties. --- # Politicians Warn on Impact of Immigration Policy on Overseas Students Source: https://immigrationandvisasolicitors.co.uk/politicians-warn-on-impact-of-immigration-policy-on-overseas-students/ *This morning, Conservative spokeswoman for young people Liz Smith and Liberal Democrat education spokesman Liam McArthur raised their concerns about the UK Government's immigration policies. In particular the politicians warned the Government about the impact of some immigration policies on overseas students coming to Scotland. As reported by us previously the decline of international students coming to the UK has been attributed to tough immigration laws and it seems that the much talked about Immigration Act 2014 will intend to make it more difficult for migrants to live and work in the UK after they have studied their course.* ## Theresa May told to pay attention to Universities concerns Mr McArthur stated that along with the Business Secretary Vince Cable, he had spoken out against the inclusion of students in the UK Governments net migration target. At the beginning of this month we reported that during the House of Lords debate it was suggested that net migration statistics can be broken down in categories; students can be clearly distinguished from these statistics. Therefore, if the government wanted to, they could remove students from net migration statistics.  As such, Liz Smith said that she had raised the issues with the Home Secretary Theresa May and the universities minister David Willets and said that she hoped: > "that net migration statistics can be broken down in categories; students can be clearly distinguished from these statistics. Therefore, if the government wanted to, they could remove students from net migration statistics." ## Concerns of Lack of Transparency in Visa Refusals Liz Smith stated that universities were "absolutely right to be concerned about the lack of flexibility within the timescales for the award of visas and just as importantly the lack of transparency when it comes to visa refusals".  She also added, "it is these two issues that have been so central to the concerns of many of the universities of Scotland since they leave doubt in the mind of students and staff about post study work arrangement and they can hinder future planning and investment." ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # Immigration Raids Becoming a Regular Occurrence in the UK Source: https://immigrationandvisasolicitors.co.uk/immigration-raids-are-becoming-a-regular-occurrence-in-the-uk/ *Following our news report last week, news reports today suggest that a Chinese takeaway was raided by a team from the Home Office who were accompanied by officers from Cambridge Constabulary. The Chinese takeaway in Main Street was raided on 28 May 2014, immigration raids are becoming a regular occurrence in the UK. Employers have a duty to prevent illegal working and this is done by identifying potential employees who require permission to work in the UK and undertaking prescribed document checks before and during employment. Failure to do so could result in criminal and civil penalties for employers including fines and even imprisonment.* ## Chinese Takeaway Faces Potential Fine of £60,000 Staff at the 'Happy House' Chinese takeaway were questioned to check if they had the right to work in the UK. Three people were arrested, two Chinese men, aged 34 and 43, and a 60-year-old Malaysian woman. All three were found to be in the UK illegally. The eldest man and the woman have since been released on immigration bail and are required to report to the Home Office whilst the progression of their cases. The 34 year old man is still being detained as further investigation is being taken into his case. The changes to the civil penalty code came into force on 16 May 2014. Under the the Immigration, Asylum and Nationality Act 2006 employers are made aware of their responsibilities to prevent illegal working by ensuring that their employees have the right to work in the UK. However, if employers do not follow the necessary checks and employ an individual who does not have the right to work in the UK, they will face a civil penalty of £20,000 per worker. With the new code of practice already in effect, employers have new procedures to follow. The Happy House now face a potential fine of £60,000. ## Fines for UK Businesses Employing ‘Illegal’ Workers Up by 31% to £14m In news reports earlier this year, it was revealed that UK companies who were found employing illegal migrant workers, were fined more than [£14m last year](https://web.archive.org/web/20160730022006/http://www.recruiter.co.uk/news/2014/03/fines-for-employing-illegal-migrant-workers-up-31-to-14m/); this is a 31% increase on 2012. Information data obtained by employment services provider Parasol under the Freedom of Information Act, shows that 1,822 civil penalty notices were issued to UK-based employers between January and December 2013. This represents a 50% increase on the previous 12 months, when 1,216 penalties were imposed. The value of penalties issued – £14,107,750 – was up 31% on the £10,775,500 recouped by the Home Office in 2012. Speaking on the data, Derek Kelly, managing director of Parasol stated: > “These findings illustrate the heightened level of scrutiny that employers are now under when it comes to illegal working. More than ever, it’s vital that companies carry out thorough checks and follow the correct procedures when hiring foreign nationals.” ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business and have been affected by the Home Office’s raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Immigration: Businesses need International Talent Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-businesses-need-international-talent/ *Today Quill founder Ed Bussey, argues that UK businesses need international talent in order to excel in their fields and has commented that 'Great businesses need great talent to go the distance'. Bussey, founder of Technology compnay Quill, has said that his own company has a team of 20 and is currently running 17 vacancies as they continue to grow at a rate of over 100% year on year. The gap in the employment market for such fields is a growing issue as some argue that the UK education system does not produce the volume of programmers, engineers and mathematicians to satisfy the demands of Britain’s tech sector.* ## Quill founder Ed Bussey: Immigration Policies are hitting Small Businesses particularly hard Hundreds of fast growth companies like Quill, who want to bring talent to the UK from outside of the EU must apply for a specialist Tier 2 sponsor licence. Once the licence is obtained, they then must issue Certificates of Sponsorship to their non-EU employees. However as there is currently a cap of 20,700 Certificate of Sponsorship, companies are finding it difficult to employ trained individuals for their businesses. Interestingly in 2013 just 10,179 such visas were granted, well below the 20,700 cap. The immigration policies are hitting small businesses particularly hard because they don't have  the specialist HR and legal teams – or budget – that are needed to take on the administrative burden. This is a problem as these are the firms in the UK that have the most potential in terms of growth and producing jobs in the UK. Quill founder Ed Bussey commented on the opportunity that the UK has: > "there is a game-changing opportunity at hand for Britain, if we can tune the immigration system to the needs of our entrepreneurs and fast-growth businesses: we can become a hub for the international technology and digital talent that other competing economies are turning away." ## UK Universities Attract International Students Ed Bussey, fears that tech companies like his can't afford to wait around for UK education to catch up: > "In the short term, the urgent requirement is to remove the barriers entrepreneurs face in accessing talent from across the world. To help us build the worlds’ best companies out of the UK, we need to be able to pull in the world’s best talent. That means grasping the immigration nettle intelligently – ensuring it meets todays’ needs of our most promising, fast growth companies." Non-EU students make up 32% of Britain’s engineering and technology undergraduates and 22% of computer science undergraduates. Universities around the UK like Oxford, Cambridge, Imperial College and UCL attract international students. Yet due to the abolition of the Post Study Work visa, it has made it much more difficult for international students to remain in the UK to find employment. The limit on Graduate Entrepreneur visas stands at a paltry 1,900, and just 129 were granted in 2012. According to the Department for Education over 60% of young people in the UK aspire to a career in business, compared to just 17% in maths or science. Chinese students make up 58% of all international entrants studying maths, followed by 56% in media studies, 47% in business and management studies and 39% in engineering. The figures have shown that international and EU students make up 74% of all students who started taught masters degrees in 2012-13. ## Successful UK Points Based Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1, Tier 2, Tier 4 or Tier 5 application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a points based visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Home Office keep Family Apart after Failing to meet Immigration Criteria Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-home-office-keep-family-apart-after-failing-to-meet-immigration-criteria/ *It has been reported today that a family from [Pembrokeshire](http://www.westerntelegraph.co.uk/news/11254596.Pembrokeshire_family_torn_apart_by_immigration_red_tape/?ref=var_0) have been forced to live apart due to the refusal of a Spouse visa application. Mark Rummery, a British national is married to Malaysian born Jan (Koi Leng Chi), whose initial visa application has been refused due her inability to meet the financial requirement. Since July 2012, the Home Office has introduced a stringent criteria for applicants who must show that they are in a genuine and subsisting relationship, can maintain themselves without recourse to public funds and will have ample accommodation upon arrival in the UK. In order to meet the maintenance requirement, an applicant must demonstrate that their partner earns the amount of £18,600 per annum and provide the specified documents listed in the Home Office guidance. * ## Home Office Refuse Spouse Visa Application Mark and Jan have been married for 21 years and have two sons together aged 17 and 11 years old. The couple decided to invest in a business based in Pembrokeshire, where Mark's father lives. They bought the 'Ivy Bridge Guest House and Spa', with the intention of making Jan the chef and serve Asian cuisine at the establishment. After applying to come to the UK last year in January 2013, the family have been forced to travel to the UK separately due to a number of problems with immigration. The couple's eldest son Trystan, arrived in the UK in June last year in time for him start his A-levels at  Pembrokeshire College. Trystan was joined by his dad 7 months later, arriving in the UK this year in January, followed by the youngest son in March. Jan applied for a Spouse visa in January 2013, which was refused in June on the basis that Mark did not meet the threshold of £18,600. Mark commented on the disappointment of his family being forced to live thousand of miles apart: > "The reality remains nothing is going to move unless we get a slot in a court house and a judge that understands the importance of family unity.  There’s an article 8 which states you can’t separate mothers from their children. Both of our children are under age and British passport holders. They have every right to be here, and I have every right to be here. But my wife can’t be here because I can’t fit the immigration criteria.” ## What is the current Financial Requirement? The Immigration Rules were amended on 9 July 2012 to introduce a [financial requirement](http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/) to be met by a person applying for leave to enter, leave to remain and indefinite leave to remain in the UK on the basis of their family life with a person who is: 1.     British Citizen; or 2.     present and settled in the UK; or 3.     in the UK with refugee leave or humanitarian protection. The rules specify that a sponsor must be earning £18,600 per annum before they can sponsor their spouse, unmarried partner or same sex partner to enter or remain in the UK. Although there are provisions for combining the earnings of the sponsor and the applicant; this has proved to be problematic for many individuals.  In *[R (on the application of MM) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin)](http://www.bailii.org/ew/cases/EWHC/Admin/2013/1900.html),* Immigration Judge* *Blake J carefully considered the UK’s immigration rules requiring a minimum income of at least £18,600 for spouse visa applications and stated that they could constitute an unjustified and disproportionate interference with the ability of spouses to live together. He suggested that an appropriate figure may be around £13,400 and highlighted the position of young people and low wage earners caught by the higher figure in the rules. This case is currently being considered by the Court of Appeal, our Immigration Team will provide an update once a judgement has been determined. ## Are you affected by the ‘Financial Requirement’? The Home Office’s rules on financial requirements affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route. The rules define the basis on which a person can enter or remain in the UK on the basis of their family or private life. If you intend to make an application as the spouse, partner, fiance(e) or proposed civil partner of a British citizen, you and your sponsor will need to meet the financial requirements. If you would like to discuss how the financial requirement may affect you, please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) today and our London immigration solicitor’s will be able to assist you by meeting with you and reviewing your case. If you have had a spouse visa refused on the grounds that you did not meet with the financial requirements, contact us so we can review your case. --- # UK Immigration Case: Shen (Paper appeals; proving dishonesty) [2014] Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-shen-paper-appeals-proving-dishonesty-2014-ukut-00236-iac/ *A new case from the Upper Tribunal, *Shen (Paper appeals; proving dishonesty) [2014] UKUT 00236 (IAC)*, deals with dishonesty or deception alleged against the Appellant for leave to remain. It also highlights a particular problem faced by the First-TierTribunal (FTT) in relation to dealing with allegations of dishonesty on paper appeals. A finding of dishonesty can have catastrophic consequences for the appellant in social and economic terms and is not to be made lightly. * ## Facts of the Case In 12 February 2014, designated Judge Zucker in the FTT dismissed on paper, Yalian Shen's (Appellant) appeal against the decision of the Secretary of State of the Home Department (Respondent). The Appellant's application for Leave to Remain in the UK as a Tier 4 Student was refused on 18 September 2013. A decision  to remove the Appellant under section 47 of the Immigration, Asylum and Nationality Act 2006 was made by the Secretary of State of the Home Department (SSHD). The basis of the decision was that the Appellant failed to meet the requirements of paragraph 245ZX(a) of the Immigration Rules. The Home Office had felt that the Appellant had failed to disclose her driving offences. > "At section J on the Tier 4 (General) application form you declared that you have no criminal convictions (including traffic offences), civil judgments and/or charges made against you in the United Kingdom or any other country. Through routine checks made by the Home Office we have information that you have not disclosed your driving offences. Therefore your application for Tier 4 (General) Student has been refused under the published Immigration Rules." It should be noted that the three convictions that the SSHD relied upon to refuse the Appellant's application, all related to a single incident on 11 May 2012. The Appellant's reason for not including the traffic offences in her application was that she was informed by the police that she would receive a letter by post disclosing the penalty charges. She moved addresses twice, but noted that she had informed the police to ensure that she would receive the letter. After not receiving the letter, she assumed that the penalties had been dismissed. Judge Zucker issued his determination on 12 February 2014 dismissing the appeal. The Judge in paragraphs 1-3 recites, briefly, the facts that we have referred to, in somewhat greater length, above. In paragraph 4 he states: > “In a case such as this the burden is upon the Secretary of State to demonstrate on balance of probabilities that the Appellant does fall for refusal under the general grounds.” ## Determination and Reasons Mr Justice Green in the Upper Tribunal stated that not enough evidence was found against the Appellant to prove her dishonesty. The SSHD did not challenge the Appellant's claim that she had informed the police of her change of address and therefore had no reason to believe that she had charges against her. He determined: > "In our view if the Judge entertained doubts as to the Appellant’s story, he should have sought to investigate further. He could have exercised the powers that he has pursuant to rules 45 and/or 51 of the Asylum and Immigration Tribunal (Procedure) Rules 2005 to require, for example, the Appellant to adduce supporting documentary evidence, or the SSHD to comment upon the Appellant’s evidence and adduce such evidence as the SSHD considered appropriate to refute the Appellant’s evidence. In extremis the Judge could remit the matter for oral hearing. A further alternative would have been for the Judge to have allowed the appeal but to have remitted the matter to the SSHD to be re-taken, this time with a proper focus upon the evidence, with the Appellant’s explanations and evidence now clearly upon the table, and having regard to the dishonesty test." Mr Justice Green set aside the FTT's decision and granted the Appellant leave to remain. ## Legal Advice & Successful UK Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # ONS & Hefce Statistics of International Students Migrating to the UK Source: https://immigrationandvisasolicitors.co.uk/ons-hefce-statistics-international-students-migrating-uk/ *Last month, the Office for National Statistics (ONS) published their [Migration Statistics Quarterly Report (May 2014)](http://www.ons.gov.uk/ons/dcp171778_362934.pdf), which reveals the changes in the number of international students migrating to the UK to study. In another report released by the Higher Education Funding Council of England (Hefce) on 11 April 2014, Universities across the country are relying on Chinese students, with 23% of students coming from China * studying masters-level degree courses compared to 26% of students from the UK, in the year 2012-2013.  ## Immigration Statistics: Migrating to the UK to study In the last decade there have been changes in the number of people migrating to the UK to study. Around 140,000 to 150,000 long-term migrants arrived in the UK annually to study during the early 2000s. This started to increase from 2008 to a peak of 246,000 in the year ending September 2011. Since then the number has steadily declined and recently leveled to 177,000 in the year ending December 2013. There were 219,053 visas issued for the purposes of study (excluding student visitors) in the year ending March 2014, a rise of 6%. An estimated 71% of long-term immigrants to the UK for study are non-EU citizens. In particular, the majority of immigrants to the UK for formal study come from the other foreign country groups, which includes China, from which 85,000 people immigrated for formal study in the year ending December 2013. The number of sponsored student visa applications rose by 1% to 209,011, in the year ending March 2014. There was also a 7% increase in for the university sector. ## International And EU Entrants Make Up 74% Of All Students Studying Masters Degrees According to figures released by [Hefce](https://web.archive.org/web/20220210052449/https://publications.parliament.uk/pa/ld201314/ldselect/ldsctech/162/162.pdf) earlier this year,* *Chinese students make up 58% of all international entrants studying maths, followed by 56% in media studies, 47% in business and management studies and 39% in engineering. The figures have shown that international and EU students make up 74% of all students who started taught masters degrees in 2012-13. Chinese national, Chang Mingwei, is studying his masters degree in management and marketing at Lancaster University. > “The UK has a long history of universities, with many around for hundreds of years. The education here is pretty good,” he said. > > “The tutors really take lectures seriously. Before they give a lecture to students they prepare lots of things, compared with the tutors in China. Lots of tutors in China maybe focus their attention on their own research, and they don’t care much about the students. Here the tutors pay a lot of attention to what we can learn. It’s better than China.” ## Successful UK Student Visa Applications for International Students Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Migrant Students and Learning Languages Important for UK Economy Source: https://immigrationandvisasolicitors.co.uk/migrant-students-and-learning-languages-important-for-uk-economy/ *Last week, in an interview with the [Guardian](http://www.theguardian.com/uk-news/2014/jun/02/cambridge-vice-chancellor-leszek-borysiewicz), Cambridge vice-Chancellor Leszek Borysiewicz stated that 'Britain's increasingly hostile tone on migration risks creating a perception among students that it is not a welcoming country to study in.' The number of students coming from India and Pakistan to study at all Universities in the UK fell by 38% between 2011 and 2012, and those from Pakistan by 62%. Borysiewicz, has also found that there is a decline in students learning languages in the UK, with applications falling from about 580 in 2010 to 380 for 2014. He warned that the decline amongst UK born nationals will have negative economic consequences.* ## Leszek Borysiewicz: Most Inspiring Applicants come from Children of Immigrant Parents Leszek Borysiewicz, was born in Wales to two Polish refugees who made Britain their home after the second world war. Borysiewicz, praised Britain's 'plural society', as its greatest strength but that he was against the 'crude' numerical limits on migrants. Borysiewicz, made it clear in the interview that Cambridge had not been affected by falling application from international students. He commented on  the increasing perception, that the UK was not welcoming, particularly in India: > "When I think of how my parents were welcomed to this country, I find that actually quite saddening. I do feel we are an open, democratic country and we should be setting the standards for the rest of the world, not hindering them. many of the most inspiring applicants come from children of immigrant parents" Borysiewicz, also stressed the value of bilingualism among first and second generation immigrant children. Stating that teaching German was disappearing from schools in the UK. According to Borysiewicz, this is due to the British "laziness" over picking up languages, warning that the decline in learning languages in the UK could limit the educational and career chances of poorer children. At university level, applications for non-European modern language degrees fell by 37% in the three years to 2013, and European languages by 17%. Borysiewicz warned that such a decline will have negative economic consequences. ## Jim Hart: International Languages Essential for UK’s Future Economic Opportunities Parallel, to Borysiewicz speaking out on the importance of learning languages, [Jim Hart spoke to the Telegraph](http://www.telegraph.co.uk/finance/festival-of-business/10532454/Soapbox-SMEs-are-missing-out-on-export-sales-because-they-cant-communicate-in-other-languages-says-Jim-Hart.html). It seems that up to 40% of university language departments will close within a decade. The top ten languages identified as the most essential for Britain’s future economic opportunities are Spanish, Arabic, French, Mandarin Chinese, German, Portuguese, Italian, Russian, Turkish and Japanese. This has led to Jim Hart highlighting the importance of migrant workers in the UK: > “If our own resources therefore can be seen as inadequate for ambitious exporters why not take advantage of those with well-established language learning practices? If immigrants are sufficiently well-educated and qualified then they can certainly add to Britain’s ability to export and so making use of these linguistic resources would seem a very sensible option.” ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your case so that we can provide you with a case assessment. --- # Entrepreneur Theo Paphitis: UK should Recognize Migrants Contribution Source: https://immigrationandvisasolicitors.co.uk/entrepreneur-theo-paphitis-migrants-contribution-uk-recognized/ *Today, Entrepreneur [Theo Paphitis](http://www.huffingtonpost.co.uk/2014/06/10/theo-paphitis-young-entrepreneurs-immmigrants_n_5477962.html?utm_hp_ref=uk#slide=2266369) came to the defence of migrants, stating that their contribution to the UK should be recognized and dismissed that migrants are taking British jobs from UK natives. The former Dragons' den star launched the National Enterprise Challenge and said Britain was "in much better shape" as destination for entrepreneurs. The [Tier 1 Entrepreneur Visa](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) route under the Points Based System (PBS) demonstrates the UK Government’s desire to attract high net worth individuals from outside the EEA, who wish to invest in the UK by setting up or taking over, and being actively involved in the running of a business or businesses in the UK. **In 2013 973 Entrepreneur visas granted and a further 1,323 dependents. There were 2,290 in country extensions of this type of visa and a further 1,181 dependent extensions.* ## Theo Paphitis: Immigrants are not robbing Native Britons of their Jobs During a conversation with the Huffington Post, Paphitis who was born in Cyprus explained his enthusiasm about migration: > "I'm a first generation immigrant so the doors were open for me in this country to come here, with my family, and to start my businesses here. Immigration is a really important part of what makes this country so brilliant." The[ National Enterprise Challenge](http://www.nationalenterprisechallenge.co.uk/), which is supported by his stationery chain Ryman, will see pupils from over 100 schools across Britain take part in a one day Dragons' Den style pitch to judges. Paphitis, said due to the TV show entrepreneurism has become popular as a career. He also stressed the importance of encouraging young entrepreneurs to succeed, noting that its starts with a good education. Paphitis explained: > "We don't live in an ideal world where the number of vacancies are matched by the number of job-seekers with that skill-set, we try to educate them and give them those skills." ## Centre for Entrepreneurs Report: Migrants Behind 1 in 7 UK Companies Earlier this year a report published by Centre for Entrepreneurs and business information experts DueDil, showed that migrant entrepreneurs have set up one in seven UK companies, with people born abroad almost twice as likely to start a business in the UK. It seems that companies founded by migrants are responsible for 14% of all jobs. This has led to analysts stating that the report highlights the positive impact migrants have made on the UK’s economy. According to the report, nearly half a million migrants from 155 countries have settled in the UK and launched businesses. There is significant representations from Ireland, India, the US, Germany and China, as well as African countries. There are 464,527 active UK companies with migrants as founders or co-founders; with a total of 3,194,981 active UK companies (not including sole traders), migrant entrepreneurs are behind 1 in 7 of all UK companies. Some of the reasons the UK has become a desirable destination for entrepreneurs is due to: - The country having one of the lowest corporation tax rates in the G20; - A company can be registered withing 48 hours; - The UK is the home to 4 of the world’s top 10 universities; - The Labour force in the UK is the second largest in Europe; and - The UK government offers support to start-ups and entrepreneurs. ## Successful Tier 1 Entrepreneur Visa Applications & Appeals Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Entrepreneur visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # UK Immigration Case Study: EEA Residence Card Success Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-study-eea-residence-card-success/ *If you are the non-European family member of an EEA or Swiss national, and you have come to the UK with them, you can apply for a residence card. This is a document which confirms your right of residence under European law. Your residence card may take the form of an endorsement in your passport (also called a ‘vignette’), or it may be a separate document called an ‘immigration status document’. A residence card is normally valid for 5 years from the date when it is issued.* The Immigration Team at Lexvisa were recently instructed to represent a client, who wanted to obtain an EEA Residence Card on the basis of his retained rights of residence in the UK. The Applicant was previously married to a Spanish national who is in the UK exercising her Treaty rights. Our Immigration Team duly prepared our client’s application with the requisite supporting documents and made detailed representation to submit. Our client was subsequently granted an EEA Residence Card, along with a letter from the Home Office confirming that he is eligible to apply for permanent residency in the UK next year. ## EEA Applications EEA applications can be made under  Immigration (European Economic Area) Regulations 2006 (“Regulations”) and the Free Movement of Person’s Directive 2004/38/EC (“Directive”). Many applicants may need to make an EEA family permit application before entering the country. However there are provisions available to switch into an EEA2 residence card for some individuals who have leave to remain in the UK under certain categories. An EEA Residence Card allows an individual to stay in the UK for 5 years whilst their partner continues to reside with them and is exercising their treaty rights under the 2006 Regulations. Upon completion of the 5 years, an applicant may be eligible for permanent residency. ## Retaining the Right of Residency in the UK Following Divorce There are a number of ways in which a non-EEA national family member of an EEA national may retain their right of residence in the UK. For instance if an EEA national leaves the UK or dies or the relevant marriage or civil partnership is terminated, they  may retain their right of residency in the UK. This is set out in regulation 10 of the [Immigration (European Economic Area) Regulations 2006.](http://www.legislation.gov.uk/uksi/2006/1003/pdfs/uksi_20061003_en.pdf) If a non-EEA national's marriage to an EEA national comes to an end, they will be able to retain their right of residency if: - The marriage has lasted for at three years before the proceedings for divorce; - Both parties have lived in the UK for at least one year during the duration of the marriage; and - They have child(ren) and the non-EEA has custody or right of access to the children. ## Contact us for a successful EEA Residence applications: Our team of experienced and professionally qualified solicitors and barristers (regulated by the Solicitor’s Regulation Authority) will be able to guide you through the application process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529. --- # UK Immigration Rules: Problematic for Non-EU Artists Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-rules-problematic-non-eu-artists/ *Last week, leading cultural figures and peers in the House of Lords spoke out against the UK's visa and immigration system. They stated that the immigration policies were particularly damaging for museums in the UK, who are struggling to get artists, curators and researchers to visit the UK and work with them due to the limitation of time they can stay in the UK. The immigration rules have proven to be problematic for non-EU artists and are damaging the UK's 'soft power'. * ## Lord David Howell: UK needs to enable Artists to Move Freely from Country to Country Lord David Howell, headed a campaign to reform immigration rules and is the [Soft Power Committee](https://web.archive.org/web/20221129223431/https://publications.parliament.uk/pa/ld201314/ldselect/ldsoftpower/150/15002.htm) Chairman. He commented on the difficulty non-EU artists face: > "We need to enable great artists and leading cultural figures to move freely from country to country.” It seems that academic institutions across the UK are also suffering because of the immigration rules. This is due to the costs and seemingly complicated application process, which is putting students and potential members of staff off. A spokesman for the British Council echoed the words of Lord David Howell: > "Alongside student visas, delivering a flexible, affordable, fast and effective service for visitor visas for international artists, sportsmen and politicians is key to the UK’s soft power. Needless bureaucracy and red tape should not be allowed to jeopardise important intercultural engagement." ## Points-Based Immigration System put-off Artist coming to the UK This is not the first time immigration policies have come under fire. In [2011,](http://www.telegraph.co.uk/news/uknews/immigration/8599638/World-class-artists-put-off-coming-to-Britain-by-intrusive-points-based-immigration-system.html) 120 arts-leaders, novelists and musicians called for a new visa for artists and entertainers, so that it would make it easier for leading performers to enter the UK for cultural events. They complained that the visa application process under the point based system was 'needlessly bureaucratic and intrusive'. The campaign worked, as in [2012](https://web.archive.org/web/20151003051453/http://www.englishpen.org/campaigns/government-announces-new-visa-for-visiting-writers-and-artists/) the immigration rules changed. The rules allowed non-EU artists to work for up to a month in the UK without applying for a tier-five work visa. However, if they wanted to stay longer than a month they would be required to apply for a visa through the points-based system. At the time a Spokesperson for the UKBA said: > "Creative artists from across the world are welcome to come and perform in the UK. As part of our commitment to the industry, we work with organisers of international events to ensure they are aware of the application process and are able to help facilitate urgent cases. However, as with any visitors to the UK, we expect individuals to meet our entry requirements." ## Successful UK Points Based Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1, Tier 2, Tier 4 or Tier 5 application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a points based visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Half of British Workers do not meet Financial Requirement Source: https://immigrationandvisasolicitors.co.uk/half-of-british-workers-do-not-meet-financial-requirement/ *[This week](https://web.archive.org/web/20180721191805/http://www.marilynstowe.co.uk/2014/06/09/half-of-brits-too-poor-to-live-with-a-foreign-partner/), the Migrants’ Rights Network revealed that almost half of British nationals who want bring their spouses to the UK to do not meet the visas maintenance requirements. Findings revealed that those earning less than £18,600 were much higher for those who live outside of London.  A UK Marriage Visa or a Spouse visa allows foreign nationals who are married (or in a civil partnership) to a British citizen, or a person who has settlement status in the UK to enter or remain in the UK. If you are based outside of the UK you will need to apply for Entry Clearance in order to join your spouse/civil partner in the UK. Under the immigration rules introduced by Theresa May in 2012, the British or EU national working in the UK must make at least £18,600 a year, in order to apply for a Spouse visa or family visa.* ## Ruth Grove-White: Immigration Rules not just the problem The study carried out by the Migrants’ Rights Network, showed that 47% of working British nationals do not earn the required amount to bring a spouse into the UK. The group's policy director Ruth Grove-White, questioned the kind of society we are portraying; > "This is not just a problem in the immigration rules, it raises questions about the kind of society we want to be – one that respects the right of British citizens to live with their family or one that deems some too poor to have equal rights?” A [Home Office impact assessment](http://www.politics.co.uk/news/2014/06/09/putting-a-price-on-love-half-of-brits-banned-from-living-wit) found up to 17,800 family visas would be affected every year due to the financial requirement. As it was found that the financial threshold of £18,600 is notably higher than the national minimum wage, which is currently around £13,200 a year.  ## What is the current Financial Requirement? The Immigration Rules were amended on 9 July 2012 to introduce a [financial requirement](http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/) to be met by a person applying for leave to enter, leave to remain and indefinite leave to remain in the UK on the basis of their family life with a person who is: 1.     British Citizen; or 2.     present and settled in the UK; or 3.     in the UK with refugee leave or humanitarian protection. The rules specify that a sponsor must be earning £18,600 per annum before they can sponsor their spouse, unmarried partner or same sex partner to enter or remain in the UK. Although there are provisions for combining the earnings of the sponsor and the applicant; this has proved to be problematic for many individuals.  In *[R (on the application of MM) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin)](http://www.bailii.org/ew/cases/EWHC/Admin/2013/1900.html),* Immigration Judge* *Blake J carefully considered the UK’s immigration rules requiring a minimum income of at least £18,600 for spouse visa applications and stated that they could constitute an unjustified and disproportionate interference with the ability of spouses to live together. He suggested that an appropriate figure may be around £13,400 and highlighted the position of young people and low wage earners caught by the higher figure in the rules. This case is currently being considered by the Court of Appeal, our Immigration Team will provide an update once a judgement has been determined. ## Are you affected by the ‘Financial Requirement’? The Home Office’s rules on financial requirements affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route. The rules define the basis on which a person can enter or remain in the UK on the basis of their family or private life. If you intend to make an application as the spouse, partner, fiance(e) or proposed civil partner of a British citizen, you and your sponsor will need to meet the financial requirements. If you would like to discuss how the financial requirement may affect you, please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) today and our London immigration solicitor’s will be able to assist you by meeting with you and reviewing your case. If you have had a spouse visa refused on the grounds that you did not meet with the financial requirements, contact us so we can review your case. --- # China’s Ambassador Li Keqiang: Visa Restrictions on Chinese tourists will effect UK’s economy Source: https://immigrationandvisasolicitors.co.uk/uk-preparing-chinese-premier-li-keqiang-three-day-trip/ *This week, China's ambassador has spoken out about the UK's immigration laws, suggesting that the visa restrictions put upon Chinese tourists and businessman will effect the UK's economic position. [Chinese Premier Li Keqiang](http://www.bbc.co.uk/news/uk-politics-27865855) will make his three day visit to the UK as part of a European tour, in order to expand Sino-British co-operation and help "change misperceptions and misgivings" surrounding his nation. The trip will include Mr Li meeting the Queen and holding talks with the Prime Minister David Cameron.  Stating that those coming from China are unlikely coming to the UK for sightseeing, but want to shop, estimating that Chinese shoppers spend an average of £1,600 per visit. The UK is one of the most desirable countries for immigration, ranking second, with 30 immigrant billionaires, accounting for 39% of its total number.* ## Chinese Premier Li Keqiang: wants to change Misperceptions of China [Mr Li](http://www.telegraph.co.uk/finance/china-business/10899895/Our-doors-should-be-open-to-new-foreign-investors.html) gave his reasons for wanting to coming to the UK: > "My visit has a threefold purpose, first, to discuss ways to deepen co-operation in various fields and therefore spur the growth of our respective economies. Second, to present the real China so as to change misperceptions and ease misgivings; and third, to draw on British perspectives and experience." Mr Li, who is said to be accompanied by a large business group, is expected to agree commercial deals and make investments up to £18bn in the UK. It is also expected that during the trip an announcement will be made in regards to relaxing visa rules for Chinese visitors. Chinese authorities have regularly complained about the difficulties of travelling to the UK in comparison to the rest of  the Europe. ## Increase of Tier 1 Investors Issued to Wealthy Nationals Despite differences that the UK may have had with China, notably in 2012 when David Cameron met the Dalai Lama. There has been a  rise in investor visas issued to Chinese nationals, after David Cameron visited Beijing in January 2014 on a trade trip and encouraged Chinese entrepreneurs to invest in the UK. Speaking to a group of businessmen and women, [he stated](http://www.dailymail.co.uk/news/article-2546599/Boom-British-visas-given-wealthy-Chinese.html): ‘If you are investing in Britain, invest more. ‘If you are thinking of investing in Britain, come and find us. You will get a warm welcome.’ According to the [Immigration and the Chinese HNWI 2014 report](http://www.4hoteliers.com/news/story/12677), the UK is the capital for billionaire migrants.It also seems that Russian nationals are becoming increasingly successful, with 125 people entering the UK between June 2012 and June 2013 with investor visas. Statistics show that investor visas jumped from 423 in 2011-12 to 530 in 2012-13 and in addition to the 530 investor visas, 1,038 visas were issued for applicants’ dependents.  ## Successful UK Tier 1 Investor Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1 Investor visa application (and applications for your dependants) step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 1 Investor visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # British Social Attitudes Survey: Londoners more welcoming of migrants Source: https://immigrationandvisasolicitors.co.uk/british-social-attitudes-survey-londoners-welcoming-migrants/ *Today, the British Social Attitudes Survey revealed that Londoners are more welcoming of migrants, as they believe migrants are good for the UK economy. 3,000 Brits participated in the survey conducted by NatCen Social Research. They found that the varied view of immigration depended on both education and geography. The survey also showed that British nationals believe that the majority of migrants come to the UK to work over study. Immigration has become a constant debate in the UK and in the press and individuals are realizing that having an anti-immigration stance can pose as a threat to Britain's long-term growth.* ## 60% British Graduates believe Immigration has Benefited UK Economy According to the [survey](http://www.ft.com/cms/s/0/b06ed1b2-f57c-11e3-afd3-00144feabdc0.html#axzz34tx5O73c), 60% of British born graduates believe that immigration has benefited the UK economy. 17% of those who hold no qualifications share the same view. It was also found that 54% of Londoners think that migration has a positive impact on the economy, in comparison to 28% of Brits elsewhere in the UK. The survey also showed that the majority of Brits believe migrants come to the UK to work, whilst a quarter believe it is to claim benefits. Although, it is true that one of the major reasons people come to the UK is to work, people fail to see the positive. The [misconception](http://descrier.co.uk/politics/anti-immigration-rhetoric-threat-britains-long-term-growth/) of migrants coming to the UK to work, is that they cause unemployment and depress wages. In 2013, 214,000 migrants came to the UK to work, but in contrast 186,000 British nationals left the UK to work overseas. The effects are minor, as found by the Office of Budget Responsibility, migrants reduce the pressure on the public finances as they are less likely to claim benefits and more likely to pay taxes that the average UK citizen. NatCen's research also found that 95% said that in order to be “truly British”, you must be able to speak English. ## Jim Hart: International Languages Essential for UK’s Future Economic Opportunities Although it is important for those who come to the UK to be able to speak English,  [Jim Hart spoke to the Telegraph](http://www.telegraph.co.uk/finance/festival-of-business/10532454/Soapbox-SMEs-are-missing-out-on-export-sales-because-they-cant-communicate-in-other-languages-says-Jim-Hart.html), about the importance of learning other languages in the UK. It seems that up to 40% of university language departments will close within a decade. The top ten languages identified as the most essential for Britain’s future economic opportunities are Spanish, Arabic, French, Mandarin Chinese, German, Portuguese, Italian, Russian, Turkish and Japanese. Jim Hart stressed the value of bilingualism, highlighting the importance of migrant workers in the UK: > “If our own resources therefore can be seen as inadequate for ambitious exporters why not take advantage of those with well-established language learning practices? If immigrants are sufficiently well-educated and qualified then they can certainly add to Britain’s ability to export and so making use of these linguistic resources would seem a very sensible option.” ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: London’s Tech Sector to create 46,000 Jobs in the Capital by 2024 Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-londons-tech-sector-create-46000-jobs-capital-2024/ *According to a recent study, UK immigration laws are going to be loosened as the number of Tier 2 skilled IT and tech workers are expected to increase over the next decade, with technology firms proposing to bring migrants on Exceptional Talent visas. **[London Technology](https://web.archive.org/web/20160630160754/http://londontechnologyweek.co.uk/) week kicked off on 16 June 2014, which is expected to draw in 30,000 international entrepreneurs and investors to London. * The [Tier 1 Entrepreneur Visa](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) route under the Points Based System (PBS) demonstrates the UK Government’s desire to attract high net worth individuals from outside the EEA, who wish to invest in the UK by setting up or taking over, and being actively involved in the running of a business or businesses in the UK. The government encourages wealthy individuals to invest in the UK as it believes that they are essential for renewed economic growth in the UK. In attendance will be leading tech companies such as Microsoft and Google, alongside a number of British firms. It has been reported that London's tech sector is going to create 46,000 jobs in the Capital by 2024. Which means the present workforce will rise by over 30% and create an additional £12bn to economic activity. ## London Technology Week: London is Global Hub for the most Inspiring Businesses and the Best Talent in the World The first London Technology event started this week. The biggest names in the tech sector will be part of the 200 plus events across London. [Gordon Innes](http://www.itpro.co.uk/strategy/22488/london-technology-week-events-highlight-cloud-youth-employment-and-more), CEO of London & Partners, the official promoters for London Technology week said:  > "This is just another milestone for London's tech business sector and cements London’s status as a global hub for the tech industry. Our capital continues to play home to some of the most inspiring businesses and the best talent in the world. Like London Fashion Week is for the Fashion Industry, we hope this brand new event will be a global magnet for the world’s tech sector." [Reuter](https://web.archive.org/web/20140620075628/http://uk.reuters.com:80/article/2014/06/16/uk-britain-tech-growth-idUKKBN0ER00520140616), estimated that London's technology sector could grow by 5.1% per year for the next 10 years. This means that there will be an additional £12bn to economic activity and 46,000 new job will be created, stating that this will be 30% more than the 155,600 currently employed in the tech sector. According to the Oxford Economics for London promotional organisation London & Partners,  the growth in the number of jobs in the tech sector would be helped if there are changes to the current immigration laws. One of the proposed changes is to allow technology firms to bring migrants on Exceptional Talent visas, as there is currently a cap of 200 on the number of IT workers who will be able to get these visas each year. ## Sir Richard Branson: The Tech Entrepreneurial spirit in London is thriving [In a separate study](http://www.standard.co.uk/news/techandgadgets/londons-tech-industry-will-add-12bn-to-capitals-economy-9540443.html), London is revealed to employ more workers in the technology sector than New York or San Francisco. English business magnate and investor, Sir Richard Branson commented on the growth of London's tech sector: > "The tech entrepreneurial spirit in London is thriving. Today there are more great ideas, investors and working spaces across the city. It’s a great time to showcase the capital’s successes and opportunities to the global tech sector and demonstrate what London has to offer.” ## Successful UK Visa Applications for Skilled & Talented Workers It remains to be seen how the government now deals with the shortage; [we reported last month](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/uk-government-makes-changes-points-based-system-work-routes/) that the Immigration Minister James Brokenshire had planned to extend the Tier 1 Exceptional Talent Visa Route so it would include endorsements by Tech City UK as well as making it easier for applicants in this category to apply from overseas. Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1 Exceptional Talent visa application or Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Case: Hameed (Appendix FM – financial year) Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-hameed-appendix-fm-financial-year/ *A new case from the Upper Tribunal, [Hameed (](http://www.bailii.org/uk/cases/UKUT/IAC/2014/%5B2014%5D_UKUT_266_iac.html)[Appendix FM - financial year) [2014] UKUT 00266 (IAC)](http://www.bailii.org/uk/cases/UKUT/IAC/2014/%5B2014%5D_UKUT_266_iac.html), has highlighted that the financial year for the purposes of Appendix FM is the tax year and not the business year for applicants, which they selected for accounting purposes. The focus of the case was whether or not the judge was correct in his approach when dealing with the self employed aspect of Appendix FM (financial requirement). * ## Hameed: Facts of the Case & Upper Tribunal (Immigration & Asylum Chamber) Determination The Appellant, Umair Hameed's appeal against the Home Office's decision was dismissed by Judge Mcgavin in the First Tier Tribunal on 21 October 2013 based on the sponsor's inability to meet the financial requirement. The Appellant had made an application to enter the UK as the spouse of a British citizen and had to show that he would be adequately maintained by the sponsor, who was earning more than the amount of £18,600 as a self employed individual. The application was refused by the Home Office due to the fact that the sponsor sought to rely on her avergae earnings for the last 2 years based on her business accounting years, instead of the HMRC tax years. In the Upper Tribunal, the Appellant's representative Mr Shoaib, stated that: > "businesses may choose their own financial accounting year (which is correct), and that he had relied on information from the sponsor’s accountants of her income for two such years.  She could not show the necessary income by averaging over two tax years, because her business did not begin until the first half of the first tax year had already gone by."  The financial year for these purposes is the tax year (in this case, the years to 5 April 2011 and 5 April 2012) not the year which the sponsor selected for accounting purposes. It is the latest tax return which must show the necessary level of gross income, with the alternative of averaging the two most recent such returns. Upper Tribunal Judge Hugh Macleman, found that the First-tier Tribunal 'does not err law', therefore the dismissal stands. ## Qualifying criteria for UK Marriage or Spouse Visas In [order to obtain](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) a Marriage or Spouse Visa you must: - Apply for entry clearance for your spouse/civil partner before travelling to the UK; - Have met each other, be legally married to each other and plan to live together; - Meet with the  minimum income threshold requirement of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child; - Any of the above stated income can be from the applicant and sponsor’s total income; - Be able to accommodate yourself and your dependants entirely without recourse to public funds; and - Be able to communicate in English and present an English language speaking and listening qualification at a minimum A1 level or above of the Common European Framework of Reference for Languages unless you are exempt. ## Are you affected by the ‘Financial Requirement’? The Home Office’s rules on financial requirements affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route. The rules define the basis on which a person can enter or remain in the UK on the basis of their family or private life. If you intend to make an application as the spouse, partner, fiance(e) or proposed civil partner of a British citizen, you and your sponsor will need to meet the financial requirements. If you would like to discuss how the financial requirement may affect you, please  [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) today and our London immigration solicitor’s will be able to assist you by meeting with you and reviewing your case. --- # Chief Inspector of Borders and Immigration John Vine Report Source: https://immigrationandvisasolicitors.co.uk/chief-inspector-borders-immigration-john-vine-report/ *This week, Chief Inspector of Borders and Immigration John Vine, [published a report](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/321512/European_Casework_Report_-_Final__13_06_14__WEB.pdf) on the Rights of European citizens and their spouses to come to the UK. The report focused on the application process and the tackling of abuse of the immigration system. The report revealed that 28 out of 29 refusals of EEA nationals registration certificates were refused on reasonable grounds. Whilst assessing 55 cases where non-EEA spouses and partners had been refused residence cards, they found 47 to be refused on reasonable terms and eight refusals on unreasonable terms. Allowing appeals in European cases were also analysed in the report, examining the Home Office's long lasting approach to proxy marriages. **In accordance to the report by Vine, there has been a number of articles about 'proxy marriages' today.* ## UK Immigration Caseworker: There is some room to Improve the Interview Process  proxy wedding occurs when one of the parties to the marriage is not physically present at the ceremony and allows a third party to be present on behalf of one of the parties to the marriage. This is a common practice in most countries as some individuals may have had long engagements and wish to legalize their marriage but are unable to do so due to them being imprisoned, in military service or travel restrictions. Although proxy marriages are not recognized in most countries they are common practice in Mexico, Paraguay and surprisingly in some US states such as California and Texas Today's report focused on mostly Nigerian and Ghanaian proxy marriages. It was found that none of the 29 proxy couples had been on the same continent as their wedding ceremony, most of them were in the UK at the time of their wedding. 24 out of the 29 couples were refused on the basis that their marriages were invalid. A Case workers who made decisions on whether a proxy marriage was valid or not stated despite the fact they have an efficient process, there is always room for improvement: > "We found an efficient process for identifying forged and counterfeit documents submitted with applications. Both caseworkers and managers were alive to the risks that these posed. The marriage interview process had given caseworkers an additional source of evidence on which to make decisions in cases where they suspected a marriage was one of convenience. While there is some room to improve the interview process, we agreed from our observation of eight of these double interviews that they are a useful addition to the investigative stage." ## Case Study of an EEA2 Refusal Decision Considered Unreasonable A Ghanaian national applied for a Residence card on the basis of a proxy marriage which took place in Ghana to a Portuguese woman. As part of his evidence submitted with his application, he supplied a ‘statutory declaration’ from both his father and father-in-law. In Ghana, such declarations are an optional way of registering a proxy marriage, along with stating where the couples place of residence at the time of marriage. The couple's fathers' wrote in their declaration that ‘our said son and daughter are currently residing in the UK’. The Home Office's reason for refusing the application was because the declaration written by the fathers' did not state specifically where the Ghanaian national and his EEA national wife were residing at the time of the marriage. Chief Inspector John Vine thought that the refusal was unreasonable and said that if the Home Office wanted specific details, they should be more clear: > "The declaration stated that the couple were living ‘in the UK’, but the application was refused on the basis that it did not say where they were living. If the Home Office knew that more detailed residential information was required to confirm the validity of the marriage, it should have provided evidence of this. It did not, and we can find no such evidence." ## Contact us for successful outcome to your Appeal Our team of experienced and professionally qualified solicitors and barristers (regulated by the Solicitor’s Regulation Authority) will be able to guide you through the appeals process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529. --- # British Students Struggle to meet Financial Requirement of Spouse Visa Source: https://immigrationandvisasolicitors.co.uk/british-students-struggle-meet-financial-requirement-spouse-visa/ *Today, the [Guardian](http://www.theguardian.com/education/2014/jun/23/students-married-couple-separated-immigration-laws) has reported on many examples of British students struggling to meet the financial requirement needed to bring their non-EEA partners to the UK. Under the immigration rules introduced by Theresa May in 2012, the British or EU national working in the UK must make at least £18,600 a year, in order to apply for a Spouse visa or family visa. If the couple have a child, the threshold rises to £22,400, plus an extra £2,400 for each child. According to the charity BritCits, an estimated 47% of people working in the UK do not meet the financial requirement.* ## Nicola McCausland: Angry at the UK Government for Betraying Law-Abiding Citizens One of the couples that the Guardian has reported on is British student Nicola McCausland and her husband, Gustavo Penagos Rottmann a Guatemalan national. Nicola, is a final year politics and Spanish student studying at Queen's University Belfast has decided not to go forward with her masters in Hispanic studies, as a result of not wanting to be apart from her husband. Gustavo is a chef who is struggling to get a visa to stay in the UK, despite having several job offers. The couple have been together for 7 years and Nicola knows that it would not be possible to earn £18,600 whilst pursuing her postgraduate degree. Nicola spoke out about her feelings of having to reject an offer of full funding from her university, in order to move to Guatemala to be with her husband and her disappointment in the UK Government: > "I have been depressed, having panic attacks and moments of complete and utter despair. I have trouble sleeping, and concentrating at work and in university. I feel constantly torn between my family at home and my married life with the man I love. I am angry at the UK Government for betraying law-abiding citizens in this way and, were the new family immigration laws to be scrapped tomorrow, I would not for a moment consider coming back to the UK to settle and pay taxes to its draconian government." There have been a number of stories similar to Nicola and Gustavo. Students who have formed relationships with people overseas, but do not have the funds to bring their partners to the UK. As a result, most of them decide to leave the UK and move to their partner's native countries. ## Human Rights organisation Britcits: Young People often Struggle to meet the very strict requirements Human Rights organisation campaigning on behalf of families with immigration problems [BritCits](http://britcits.blogspot.co.uk/) has said that the financial requirement under the Immigration rules is an attack on British citizens and that the rules are a violation of the sanctity of marriage. Steven Green, the Britcits spokeman said: > "Our work has highlighted the devastating impact of the rules on British citizens and their overseas families. This is particularly marked in the way the rules affect students: young people, making their way in the world, forming relationships and families while embarking on their careers, often struggle to meet the very strict requirements." Last year, critics argued that the threshold of £18,600 was too high and a [Judge in the High Court](https://web.archive.org/web/20190215110006/http://www.visabureau.com:80/uk/news/08-07-2013/high-court-judges-uk-immigration-rules-lawful-but-unjustified.aspx) agreed that it was 'unjustified' and urged Home Secretary Theresa May to consider loosening restrictions. Despite the Joint Council for the Welfare of Immigrants (JCWI) agreeing with the judge, the Home Office stuck with their stringent requirements. This is in order to avoid spouses coming to the UK and relying on the taxpayer for financial support. ## Are you affected by the ‘Financial Requirement’? The Home Office has responded to the judgment by publishing a [statement](http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/87-min-income-threshold) and has stated that they have paused decision-making on some spouse/partner and child settlement visa and leave to remain applications to enable them to consider the implications of the judgment. If you would like to discuss how the financial requirement may affect you, please call us today and our london immigration solicitor’s will be able to assist you by meeting with you and reviewing your case. --- # UK Immigration: English Language Certificates Obtained Fraudulently Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-english-language-certificates-obtained-fraudulently/ *Today, the Minister for Immigration and Security James Brokenshire presented a [statement](https://www.gov.uk/government/speeches/statement-on-abuse-of-student-visas--2) to Parliament on the abuse of student visas. It has been widely reported that migrants are taking [fraudulent measures](http://www.theguardian.com/uk-news/2014/jun/24/english-language-tests-cheating-results-invalid-overseas-students) to obtain English language certificates. An estimated 50,000 international students have been found guilty of obtaining English language dishonestly and as a result the Home Office has suspended student sponsorship licences of three Universities in the UK, along with 57 private further education colleges. Back in February this year [BBC Panorama](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/uk-immigration-bbc-panorama-exposes-fraud-uk-student-visa-system/) broadcasted a programme highlighting the  fraudulent measures that visa applicants take when sitting English language tests. The [Educational Testing Services](http://www.ndtv.com/article/india/ets-to-no-longer-provide-english-tests-for-uk-visa-518127)‘ (ETS) is no longer offering Test of English as Foreign Language (TOEFL) and Test of English for International Communication (TOEIC) for U.K. visa-granting purposes. The expiry of the ETS licence with the Home Office was made public on 17 April 2014.* ## James Brokenshire: Criminal Investigation is now underway into ETS Global Ltd Candidates sitting TOEIC tests, were accused by the BBC programme 'Panorama' of obtaining TOEIC accreditation dishonestly. Due to this the UK Home Office announced that it would not be extending its contract with the global testing giant ETS earlier this year. James Brokenshire, has said following allegations made in the BBC 1 programme, a criminal investigation is now underway into ETS Global Ltd. > "Facilitated by organised criminals, this typically involved invigilators supplying, even reading out, answers to whole exam rooms or gangs of imposters being allowed to step into the exam candidates' places to sit the test. Evidently this could only happen with considerable collusion by the test centres concerned." As a result of this investigation, Glyndwr University has has its sponsor licence suspended. It has been found that the number of students sponsored by the University with invalid language test results stands at more than 230. University of Bedfordshire and University of West London, have also had their licences suspended, whilst the investigation continues. Along with a further 57 private colleges in the UK having their licences removed.  ## IELTS, or Pearson Test for English, to confirm their admission and entry into UK During an enquiry into the student visa system it was found that an estimated 30,000 language certificates were found to be invalid, while a further 19,000 are said to have questionable results. It has been suggested that students should write to the institution of their choice and request that they conduct another English language test called [IELTS](https://web.archive.org/web/20140509171532/http://timesofindia.indiatimes.com/city/hyderabad/Students-hit-as-UK-body-cancels-tests/articleshow/34711485.cms), or [Pearson Test](https://pearsonpte.com/the-test/) for English, to confirm their admission and entry into UK.  Although there have been complaints in the change in tests by students, who complain that the fee that they paid for the TOEFL test, will now have to pay around the same fee for the taking IELTS. > “IELTS is a written test whereas TOEFL is a computer-based test. Preparation for both requires different expertise. Those who were taking TOEFL coaching will now have to shell out more than Rs 15,000 to enroll themselves for a new coaching programme,” said Pasupula Madhavi of I20Fever, a city-based overseas education guidance centre.” ## Are you affected by the Home Office’s ‘English Language Requirement’? If you would like to discuss how the English language requirement may affect you, call one of our immigration solicitors in London who will be able to assist you by meeting with you and reviewing your case. There are many providers but many have had their visas refused for taking tests with rogue providers. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/)/instruct us so we can review your case and ensure you have the correct documentary evidence in place in this regard. --- # UK Immigration: Debate on the Treatment of International Students Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-debate-treatment-international-students/ *For the past few months, the treatment of international students has been a big part of the immigration debate. Everything from removing international students from immigration figures, to the UK needing to be more welcoming and to the immigration bill being discriminatory towards students, has been debated. All of these have been the reasons discussed when trying to explain the fall in the number of international students coming to the UK. The closure of the Post-Study Work (PSW) route by the Home Office in April 2012, has also been debated as having an impact on the number of students coming to the UK. There have been a number of changes in the number of students migrating to the UK over the last decade.* ## Impact of Tier 1 PSW Route Closure Tier 1 PSW migrants scheme officially ended on 5 April 2012 and for the first time in 30 years the number of international students coming to the UK has declined. The number of first year students from India coming to the UK has dropped by 25%, meaning in the last two years the number of first year students from India in the UK has sharply declined by 49%. According to HESA's student data, 39,090 Indian students were enrolled in British universities in 2010-11 for a postgraduate degree but this number fell to 29,900 in 2011-12. Number of Pakistani students fell by 13.4% while those from Saudi Arabia fell by 4%. [Ranjan Mathai, India’s High Commissioner](http://www.hillingdontimes.co.uk/news/asianspotlight/spotlight/10978016._/), has stated that visa restrictions on students’ right to work after finishing their courses is just one of the reasons international students are choosing to go elsewhere. > "Many of the students who I’ve had an interaction with feel that if they’d had a chance to pay their way by staying on for a year – which the system before allowed – then it would make their taking loans and coming to the UK for education more worthwhile, more possible. That’s one reason the numbers have gone down." Despite the decline of students coming from India and Pakistan, there are are number of [nationalities that have seen an increase](http://www.ons.gov.uk/ons/dcp171778_362934.pdf). In the year ending March 2014, the number of student visas issued to Chinese students was 4,720.  ## Nicola Dandridge: UK Need to be More Welcoming to International Students Whilst the UK Government has closed the PSW route, there are a number of countries around the world that are using the route to attract the international students. Australia is looking to extend the PSW route, America are planning to increase post-study work options for graduates in science, technology, engineering and maths (STEM) subjects. In France they have extended the time from six months to a year non-EU graduates have to look for work. The drop in the number of international migrants in the UK has also caught the attention of others in the UK. [Nicola Dandridge](https://web.archive.org/web/20140504150256/http://www.hindustantimes.com/world-news/drop-in-indian-students-british-vc-hits-out-at-visa-policy/article1-1176527.aspx), chief executive of Universities UK stated: > “What is clear from this is that, if the UK wants to fulfil its potential in this growth area, it must present a welcoming climate for genuine international students and ensure that visa and immigration rules are consistent and properly communicated.” ## Successful UK Student Visa Applications for International Students Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Independent Advisory Panel on Non-Compliance Report: Immigration Removals Source: https://immigrationandvisasolicitors.co.uk/independent-advisory-panel-on-non-compliance-report-immigration-removals/ *Today, Immigration and Security Minister James Brokenshire announced his approval of a new restraint system for the managing of people who have been given deportation orders. The Independent Advisory Panel on Non-Compliance published the [report](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/324130/report-iapncm-mar-14.pdf) approved by Brokenshire. The treatment of the removal of migrants and the conditions of detention centres have raised concerns, as a number of stories have been released of deaths and neglect. The Home Office has accepted all of the recommendations stated in the Independent Advisory Panel's report and are implementing new training for overseas and in-country escort staff, which will begin on 28 July 2014.* ## James Brokenshire: Treat Detainees with Respect and Minimising the need for Restraint James Brokenshire, released a [statement](https://www.gov.uk/government/speeches/new-system-of-restraint-for-managing-people-safely-during-immigration-removals) of his approval of the Independent Advisory Panel on Non-Compliance assessment and his appreciation of the UK Government agreeing to the recommendations made by the panel: > "This fulfils a commitment by this government to provide training for escort staff that reflects the environment they work in, both in-country and overseas. The bespoke training is tailored to the experience and behaviour of detainees and staff in immigration removals and provides practical tools to de-escalate situations and minimise the use of restraint. The report by the Independent Advisory Panel for Non Compliance Management is welcomed by the government. The report recognises the balance to be struck between treating detainees with respect and minimising the need for restraint, with our responsibility to enforce immigration law, which sometimes requires the use of physical intervention." The new training for private security staff who carry out deportations, come after heavy criticism from the chief inspector of prisons, Nick Hardwick. Hardwick expressed concern over the death of [Jimmy Mubenga in 2010](https://www.theguardian.com/uk/2010/oct/14/security-guards-accused-jimmy-mubenga-death). Mubenga was an Angolan national who lived in the UK for 16 years with his wife and five children, before the Home Office decided to deport him after he had served a two year sentence for assault. Mubenga, died whilst being heavily restrained by three guards for more than half an hour on board a plane at Heathrow airport. Several passengers on the plane said that they could hear him yelling and complaining that he could not breathe. The inquest jury found the death of Jimmy Mubenga was an unlawful killing. The three guards have been charged with manslaughter and will face trail later this year. ## Home Office Accepts All Recommendations The Home Office has[ accepted](https://www.gov.uk/government/publications/use-of-force-when-removing-people-from-uk-home-office-response/home-office-response-to-the-recommendations-from-the-independent-advisory-panel-on-non-compliance-management) all of the Independent Advisory Panel's recommendations, which includes: - Assessing the competence of escort staff - Independent monitoring of individual during the new training programme - Conduct a formal review of the training package - Extending the use of body worn cameras to the escort process - Any incident in which force is used, staff must submit a detailed written report within 24 hours of arriving back in the UK - The use of force should be kept at a minimum and staff should avoid restraint tactics, unless absolutely necessary - Finally, the home Office accepts that the system of restraint and equipment suggested by  National Offender Management System is safe and serves a purpose. Implementation and training will start in July 2014. ## Are you Affected by a 'Deportation Order'? Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. If you have received correspondence from Capita, it is advisable that you seek immediate legal advice before enforcement action is taken against you by the Home Office. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Immigration Case: Filipino Family’s Plea to stay in the UK Rejected Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-filipino-familys-plea-stay-uk-rejected/ *Today, the [Court of Appeal ](https://web.archive.org/web/20140706131226/http://www.littlehamptongazette.co.uk:80/news/regional/court-immigration-control-ruling-1-6144268)dismissed a  f**amily from the Philippines plea to stay in the UK. The mother, who can only be referred to as 'EV' for legal reasons, applied for Indefinite leave to Remain, but was subsequently refused by the Home Office. The application submitted was on Article 8, Human Rights. Article 8 of the Human Rights Act 1998 enshrines the Right to respect for private and family life. It stipulates that  “there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.” You can rely on Article 8 if you can show that you will face a serious and unjustified interference with your family or private life if you are removed from the UK.* ## The Court of Appeal: Immigration Control Ruling EV, is a mother of five from the Philippines. She entered the UK with a Tier 2 work permit and was employed at a care home in Kent. She shared a home with her husband and three young children. EV's visa expired in February 2011 and she applied for Indefinite Leave to Remain on the basis that she did not want to disrupt her children's education. EV's application was rejected by the Home Office immigration authorities, leading to numerous legal challenges involving the First Tier Immigration Tribunal and the Upper Tribunal. After her case was refused by both Tribunals, she was given permission to test in the appeal court, where she relied on the importance of her children's education. EV's lawyer argued that it was in the best interest of her children and their education in the UK, moreover than immigration control rules. Lord Justice Lewison [disagreed](http://www.telegraph.co.uk/education/educationnews/10928902/Britain-cannot-educate-the-world-says-High-Court-judge.html) with this argument and said that it is in the better interest of the children to be with their parents, who no longer have right to stay in the UK: > "Although it is, of course, a question of fact for the tribunal, I cannot see that the desirability of being educated at public expense in the UK can outweigh the benefit to the children of remaining with their parents. Just as we cannot provide medical treatment for the world, so we cannot educate the world." The Judge did sympathise with EV, agreeing that she was underpaid by the care home who employed her, but was still being refused leave to remain. The Judge further stated that the education system in the Philippines was 'sufficiently good', therefore the children's interest did not outweigh the need for immigration control. Both EV and her husband were found to be employable in the Philippines and have strong family ties. Despite this ruling, the Judges have said they are left open to the possibility that there could be other cases where it is "overwhelmingly" in the child's best interests not to be removed from the UK. ## What we can do for you to ensure your Human Rights case is successful The law in this area changes and develops with great frequency and there is a vast array of case law. Our legal experts can guide you through this complex minefield of case law and legislation, as success of your case will depend on how well your case is argued, the type of strategy you adopt and the manner in which case law is applied to your circumstances. In addition we will do the following: - Detailed assessment of your personal circumstances to ensure this is the right course for you. If so then identify which category is applicable to your matter. - We can ensure that we have the correct documents to strengthen and support your application. - Complete and submit your Human Rights application. - Keep you updated in regards to your application. ## Legal Advice & Successful UK Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Private College LSBF Hits back at Minister for Immigration Source: https://immigrationandvisasolicitors.co.uk/uk-private-college-lsbf-hits-back-minister-immigration/ *Last week, [we reported](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/uk-immigration-english-language-certificates-obtained-fraudulently/) that the Minister for Immigration and Security James Brokenshire presented a [statement](https://www.gov.uk/government/speeches/statement-on-abuse-of-student-visas--2) to Parliament on the abuse of student visas. It had been widely reported that migrants were taking [fraudulent measures](http://www.theguardian.com/uk-news/2014/jun/24/english-language-tests-cheating-results-invalid-overseas-students) to obtain English language certificates. An estimated 50,000 international students have been found guilty of obtaining English language dishonestly and as a result the Home Office has suspended student sponsorship licences of three Universities in the UK, along with 57 private further education colleges. Now one of these private colleges has hit out at the immigration minister, claiming that this is simply not true. * ## London School of Business & Finance: Shares the Minister for Immigration’s Concern [LSBF ](https://web.archive.org/web/20150605073900/https://www.timeshighereducation.co.uk/news/private-college-singled-out-by-immigration-minister-hits-back/2014196.article)was one of the 57 private colleges mentioned in MP Brokenshire's statement, as having it's licence to sponsor international students  revoked. The private college has now responded stating they were contacted by UK Visas and Immigration (UKVI), following the Governments records showing that over 213 of their students had been working, which caused the violation of their visas. According to LSBF, they did an internal investigation themselves and found that 198 international students hold valid visas which allowed them to work or did hold a visa whilst they were in employment. The college terminated 13 students from their courses and do not believe that they were working whilst attending the college. LSBF also found that the Government had included two students in their records who had never attended the college. LSBF, now wants the Immigration minister to clarify his comments: > "LSBF shares the minister for immigration’s concern to address issues arising from abuse of visa regulations by a minority of colleges and students and has given public support to past immigration reforms. However, in the interest of its students and staff, LSBF has asked that the minister now clarify the part of his statement which referred to LSBF." ## Nick Hillman: Foreign Students Support our Universities An [ongoing argument](http://www.telegraph.co.uk/education/educationnews/10934148/Students-must-be-stripped-out-of-immigration-figures.html) regarding international students, is they should be removed from the Government's net migration target. The debate is that the continuation of including international students in migrant figures, the UK is risking pushing international talent to other countries.  This fear comes after three-quarters of prospective Tory parliamentary candidates believe that international students should be excluded from any target in regards to reducing  migration in the UK. According to [HEPI](http://www.hepi.ac.uk/), 9 out of 10 Conservative election candidates believe that international students should be able to remain in the UK after their studies to work for a limited period of time. Nick Hillman, director of HEPI states that there is a misconception of international students in the UK: > "The idea that international students take more from the UK than they contribute is not getting through because it doesn’t ring true. Foreign students support our universities, but they also support our small businesses and our local communities." ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your case so that we can provide you with a case assessment. --- # UK Immigration Case: Durrani (Entrepreneurs: Bank Letters; Evidential Flexibility) [2014] Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-durrani-entrepreneurs-bank-letters-evidential-flexibility-2014/ *A new case from the Upper Tribunal, [Durrani (Entrepreneurs: bank letters; evidential flexibility) [2014] UKUT 295 (IAC)](http://www.bailii.org/uk/cases/UKUT/IAC/2014/%5B2014%5D_UKUT_295_iac.html). This case highlights the Home Office and Tribunals stringent and strict approach when it comes to supporting documents for Tier 1 Entrepreneur application. Especially the requirements under paragraph 41-SD(a)(i) of the Immigration Rules.* ## Facts of the Case The Appellant, Hazrat Waqas Durrani a Pakistani national entered the UK on 1 September 2007 with a Tier 4 Student visa. Durrani switched his student visa to Tier 1 (Post-Study work) migrant. On 23 February 2013, he applied for further leave to remain in the United Kingdom as a Tier 1 (Entrepreneur) Migrant. To show that Durrani met the financial requirement of £50,000, he referenced both his finances and those of entrepreneurial team member, Mr “R”. He submitted two letters with his application, a letter from Lloyds TSB confirming that he held £27,043.10 in his account. The second letter, was from Santander bank confirming that  Mr “R” has a bank balance of £25,014.77. Durrani's Tier 1 Entrepreneur application was refused on 4 April 2013. According to the UKBA, Durrani failed to meet the requirements of the following three attributes: - Access to funds as required (25 points). -  Funds held in a regulated financial institution (25 points). -  Funds disposal in the United Kingdom (25 points). Under the Immigration Rules it is necessary for an applicant to gain 25 points from each of the above attributes. The Secretary of State gave her reason for refusing Durrani's application: > “…. You have not provided evidence from the bank holding Mr [R’s] funds to confirm that you have access to these funds as part of the £50,000. As a result you have only provided evidence to show that you have access to funds of £27,043.10. You have not provided any evidence of business activity in the form of advertising, newspaper articles or other publications and/or information from a trade fair or personal registration with a trade’s body. You have claimed 25 points for funds held in a regulated financial institution under paragraph 245DD(b) and Appendix A of the Immigration Rules. You have failed to provide sufficient acceptable evidence to demonstrate that you have access to sufficient funds.” ## Appeal to the First-Tier Tribunal Durrani appealed the Home Office's decision, on the grounds that paragraph 41-SD(a) of the Immigration Rules did not apply to his application. The Judge was quick to dismiss this argument. Secondly, the Judge noted that paragraph 41-SD(a)(i)(9) should not be taken literally. Durrani's representatives claimed that Mr R’s bank would not confirm that Durrani had access to his funds as it was against their policy to do so. The Judge did not focus specifically on sub-paragraph 9, when dismissing this argument, but concentrated on sub-paragraphs (6) and (10). Stating that: > "the Santander letter was non-compliant with the Rules because it did not state the Appellant’s name, contrary to sub-paragraph (6), and did not state the account holder’s telephone number and email address, contrary to sub-paragraph (10)." Durrani's representative's second argument was that the UKBA failed make an “*evidential flexibility*” request for further documents. The Judge dismissed this argument, stating that under paragraph 245AA(c) of the Immigration Rules, the UKBA is not obliged to request further documents when  “*a specified document has not been submitted*”. The Judge dismissed the appeal and Durrani took his matter to the Upper Tribunal. ## Upper Tribunal's Decision Durrani's case went before Mr Justice McCloskey in the Upper Tribunal. The Judge went through the First-Tier Tribunal reasons for dismissing the appeal and agreed that the bank letters provided by Durrani, should  demonstrate the availability of a total sum of £50,000 minimum. He suggested that Mr R, could have given his consent for the bank  to disclose where his funds were going. Mr Justice stated that: > "We are not persuaded that there is any principle of United Kingdom banking law precluding the construction of the relevant provisions of the Rules which we have espoused above. The relationship of banker and customer is contractual in nature. The bank owes a duty of loyalty and confidentiality to the customer, sometimes described as a duty of secrecy: see Jones - v - Law Society [1969] 1 Ch 1, 9, per Diplock LJ. However, as the leading authority of Tournier - v - National Provincial and Union Bank of England [1924] 1 KB 461 makes clear, the implied duty of confidentiality does not apply where the customer consents to the bank disclosing the information in question." Mr Justice McCloskey went on to assert the First-Tier Tribunal's decision and dismissed the appeal. ## Successful Tier 1 Entrepreneur Visa Applications & Appeals It is proving to be difficult  to meet the immigration rules for Tier 1 Entrepreneurs applications. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Entrepreneur visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Tech Entrepreneurs have the Potential to Recreate Silicon Valley Source: https://immigrationandvisasolicitors.co.uk/uk-tech-entrepreneurs-have-the-potential-to-recreate-silicon-valley/ *This month, [Shalini Khemka](https://web.archive.org/web/20141022081628/http://www.londonlovesbusiness.com:80/business-news/tech/silicon-britain-how-the-uk-can-rival-silicon-valley/8345.article) said that the UK had the potential to recreate the successes of Silicon Valley, if the Government eases the immigration rules for UK tech entrepreneurs. Khemka, the founder and CEO of E2Exchange, believes that technology has completely changed the way that SMEs and start-ups conduct business. Silicon Valley is the home of some of the world's largest technology corporations and thousands of start-up companies. We reported, earlier this month that London’s tech sector is going to create 46,000 jobs in the Capital by 2024, which means the present workforce will rise by over 30% and create an additional £12bn to economic activity. * ## Shalini Khemka: Technology has Fundamentally Transformed the way that SMEs and Start-ups do Business Khemka stated the importance of technology in today's business world: > "Technology has fundamentally transformed the way that SMEs and start-up companies do business and it is encouraging to see that UK entrepreneurs have recognised this shift to digital and are adapting their business models accordingly. Last year the internet economy represented more than 8% of UK GDP and is forecast to grow to 12.4% by 2016, injecting around £225 billion into our economy. This growth is by SMEs and start-ups and it is vitally important that we make our tech companies competitive so we can continue to enjoy the prosperity they bring to the UK." One of the biggest challenges that SMEs in the UK face is the lack of talent. This is due to the stringent requirements of the Immigration Rules. Khemka, has encouraged the UK Government to strive for the freedom of movement of people within Europe. 52% of entrepreneurs in Silicon Valley were not born in the United States. A report published by Centre for Entrepreneurs and business information experts DueDil, showed that migrant entrepreneurs have set up one in seven UK companies, with people born abroad almost twice as likely to start a business in the UK. In addition to this, it seems that companies founded by migrants are responsible for 14% of all jobs. ## Entrepreneurial Talent must be Encouraged at a young age According to a report by the Department for Business, Innovation and Skills, entrepreneurial education in primary and secondary schools need to improve. They believe that young people learning technology skills, such as coding will lead to the UK having the talent to compete in the global technology market. The report found that one in five adults lack digital skills, it stated: > "If we fail to position our SMEs at the forefront of the digital revolution, the UK and UK businesses will be left behind." [Reuter](https://web.archive.org/web/20140620075628/http://uk.reuters.com:80/article/2014/06/16/uk-britain-tech-growth-idUKKBN0ER00520140616), estimated that London’s technology sector could grow by 5.1% per year for the next 10 years. This means that there will be an additional £12bn to economic activity and 46,000 new jobs will be created, stating that this will be 30% more than the 155,600 currently employed in the tech sector. According to the Oxford Economics for London promotional organisation London & Partners,  the growth in the number of jobs in the tech sector would be helped if there are changes to the current immigration laws.  ## Successful Tier 1 Entrepreneur & Tier 1 Exceptional Talent Visa Applications & Appeals Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Entrepreneur visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # Immigration Report: Highly Skilled Migration to the UK 2007-2013 Source: https://immigrationandvisasolicitors.co.uk/immigration-report-highly-skilled-migration-uk-2007-2013/ *Today, the Migration Observatory at the University of Oxford published a report focusing on the highly skilled migration to the UK in 2007 - 2013. According to the report the 'best and brightest oversea workers' are being kept out of the UK. T**he number of highly skilled recent migrant workers (RMW) decreased between 2007 and 2013. This has been speculated to be down to the number of immigration policy changes. For instance the introduction of the Point-Based System (PBS), by the Labour Government in 2008 and policies to decrease net migration to the “tens of thousands” by the coalition Government in 2011.* ## Dr Carlos Vargas-Silva: Decline in the Number of Recent Migrant Workers in the UK According to the report, there has been a decline of 28% in the number of non-EEA highly skilled RMW in the UK since 2007. However, there has been a 53% rise within the EEA, with skilled migrants coming from countries such as France, Germany and Spain. The number of non-EEA highly skilled RMW have shown to be the most effected by the Government's policy to decrease to tens of thousands. The figures show highly skilled migration decreased by 30%, from 155,000 in 2007 to 109,000 in 2010. This number decreased by a further 39% in 2013 to 94,000, in comparison to 2007. Dr Carlos Vargas-Silva, co-author of the report said: > "There has been a significant decline in the number of recent migrant workers in the UK who have the highest levels of education and who are in top occupations since 2007, but this decline is driven by a decrease in non-EEA migration. Since 2011 the number of these recent migrant workers who are from EEA countries has increased. Policy makers need to look at whether this has been caused by a “balloon effect” where policies designed to squeeze one sort of migration lead to another sort increasing in size." ## Immigration Policy changes and highly skilled workers There have been a number of [immigration policy changes ](http://www.politics.co.uk/news/2014/07/03/report-immigration-policy-keeping-out-the-best-and-brightest)in the period covering 2007 - 2013. The report has split these changes into two broad categories; - The introduction of the Point-Based System in 2008, which aimed to “attract the brightest and the best from across the world, while at the same time being more robust against abuse”; and - The UK Governments net migration target to decrease to less than 100,000, so that the UK is at a level the country can manage. The number of highly-skilled migrants who had been in the UK less than three years fell from 270,000 to 242,000 between 2011 and 2013.  Simon Walker, director-general of the Institute of Directors, expressed his concern: > "I think it should cause real soul-searching in the Home Office because [their] intransigence on this issue is damaging the UK economy. They see their role to keep people out rather than to serve the broad economic needs of the UK as a whole." The coalition Government has also been strongly criticised for their net migration target, proving to be damaging to the higher education sector in the UK. International students bring in an estimated £8bn a year to the UK and predicting the total investment will double by 2025. However, this prediction has been put into doubt, as international students have started looking to study in other countries due to the new restrictions. ## Are you a Highly Skilled Migrant looking to Work in the UK? Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1, Tier 2, Tier 4 or Tier 5 application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a points based visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: International Students should be removed from Migration Figures Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-international-students-removed-migration-figures/ *[Last month](http://www.telegraph.co.uk/education/educationnews/10934148/Students-must-be-stripped-out-of-immigration-figures.html), a former Conservative adviser Nick Hillman, echoed the sentiment of many, when he stated that international students should be removed from the UK Government's target to cut net migration. This is due to the potential risk of Immigration Rules pushing and turning away international talent and damaging universities across the UK. * ## Nick Hillman: Home Office’s Approach to Foreign Students out of line with Voters Nick Hillman the former adviser to David Willetts (the Universities Minister), made comments after the [findings of a survey](https://web.archive.org/web/20140715084830/http://www.timeshighereducation.co.uk/news/take-students-out-of-immigration-target-say-prospective-tory-mps/2014213.article) conducted by Conservative candidates for the 2015 general election was revealed.  Three-quarters of the prospective Conservative candidates believe that international students should be excluded from any target regarding the reduction of migration in the UK. Further, up to 70% think the UK should be open to recruit all legitimate international students not just the “brightest and the best”.  Nick Hillman commented on the Home Office's treatment of international students and the surprising results of Conservative candidates: > "The Home Office’s approach to foreign students is not just out of line with voters, it is apparently out of line even with the Conservatives’ own election candidates. whole university sector must redouble its efforts to explain the benefits that post-study work can offer". However, 88% of participants stated that they do not believe that international students should have an automatic right to stay in the UK to work, once they have completed their course. ## Impact of International Students & Student Visitors [Universities](https://web.archive.org/web/20160216054749/http://www.universitiesuk.ac.uk/highereducation/Documents/2014/TheImpactOfUniversitiesOnTheUkEconomy.pdf) across the UK attract a considerable number of international students each year. In 2011-12, 435,235 students from abroad registered at UK universities. This made up 17% of the total student population. According to figures released by [Hefce](https://web.archive.org/web/20220210052449/https://publications.parliament.uk/pa/ld201314/ldselect/ldsctech/162/162.pdf) earlier this year,* *Chinese students make up 58% of all international entrants studying maths, followed by 56% in media studies, 47% in business and management studies and 39% in engineering. The figures have shown that international and EU students make up 74% of all students who started masters degrees in 2012-13. International students contribute to the UK economy in a number of ways. Firstly, these students all make payments directly to universities for their fees (which can be considerably higher than home grown students), accommodation and other costs. On top of this students also buy a wide range of goods and services off-campus. It should also be noted that UK universities play an important role in attracting visitors. This includes  leisure visitors such as the friends and family of international students studying in the UK, but also international conference business and international academic business visitors. ## Successful UK Student Visa Applications for International Students Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Senior Tory Liam Fox’s Speech on Immigration to the Reform Think Tank in Westminster Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-senior-tory-liam-foxs-speech-immigration/ *Today, [Dr Liam Fox](http://www.liamfox.co.uk/news/liam-fox-delivers-speech-immigration), Member of Parliament for North Somerset delivered a speech on immigration to the Reform think tank in Westminster. Highlights from the speech include the myth that immigration is primarily a problem relating to the European Union, when in fact EU migration actually make up less than one third of Britain’s total immigration figures. The demands of business for new skilled labour clash with issues of social and cultural balance and how other countries, such as Australia and Canada manage immigration.* ## Dr Liam Fox MP: British Economy is expected to create 1.25 million more Jobs During the speech, Senior Tory Liam Fox agreed with David Cameron's insistence on cutting net migration, but stated that he believed that the issue was not as straight forward as putting a target number on the amount of people allowed in the UK.  Fox, referenced a recent UK Government report, revealing that the the British economy is expected to create 1.25 million more jobs in the decade ending in 2020. With the most significant increases in higher-level occupations, such as managers, directors and senior officials (around 544,000 more, an 18 per cent increase), the professions (some 869,000 more, a 15 per cent increase), and associated professional and technical occupations (around 551,000 more, a 14 per cent increase). Fox commented on the lack of skills in the UK to fill these roles. Fox, blamed the UK's educational system for this and stated that he believed that foreign nationals are needed to fill these posts. He suggested that the UK should adopt the Australian model to deal with immigration that comes from outside the EU; > "But let’s be very frank, if we are going to ensure that those with the necessary skills for our economy are more able to come to the United Kingdom, then the corollary will be that the numbers of those who come here, as part of our social or cultural migration will need to be curtailed.  What I am proposing is, again, an open and shut policy: more open to those who have the skills that we will need to maintain our prosperity and place in the world and more closed to those who, for whatever reason, would end up placing a burden on our welfare system and national infrastructure." ## 'Open and Shut' UK Immigration Policy The Senior Tory, explained his notion of the[ 'open and shut' policy](http://www.dailymail.co.uk/wires/pa/article-2683213/IMMIGRATION-CHOKING-OFF-SKILLS.html). He explained that the UK immigration policy needed to be re-evaluated to allow those who would be useful to the UK economy and not allow those who come to the UK, 'absorb our national wealth rather than helping to create it.' He went on to further explain: > "We must develop policy that ensures that we are not turning away workers we need. Many of these will be skilled workers, a group currently in danger of being choked off, but it may ultimately mean unskilled labour too. In short, I believe that we need to have what we might call an ‘open and shut’ immigration policy. That is, an approach that is open to those who are economically active and have the skills our economy requires but closed to those who will become dependent on the state or who possess skills we do not require for our economic well-being." ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Update: British-Irish scheme, Fast Track Application Service & Visitor Visas Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-update-british-irish-scheme-fast-track-application-service-visitor-visas/ *Last week, the Home Office confirmed that there will be a new 'British-Irish scheme' starting this Autumn. The new scheme will allow visitors from certain countries to travel to and around the Common Travel Area (CTA) on a single Irish or UK visa. The new scheme has been created to replace Ireland's short-stay waiver introduced in July 2011, which allowed visitors on a UK visa to enter Ireland for a short period. The scheme is expected to boost tourism and business visits.* ## UK's Home Secretary Theresa May: We look Forward to Welcoming Many more Nationals The new British-Irish visa scheme was announced by Ireland's minister for justice, [Frances Fitzgerald](https://web.archive.org/web/20140619085545/http://ibnlive.in.com:80/news/uk-ireland-offer-joint-visa-to-indian-chinese-tourists/479810-2.html), who stated that tourists and business visitors from India and China will be allowed to travel freely in the CTA; > "China and India will be the first to benefit from this ground-breaking scheme and I look forward to the successful implementation of the new arrangements in respect of both of those countries." UK's Home Secretary Theresa May added: > "Our two governments are proud of what the UK and Ireland have to offer to Chinese and Indian visitors, and we look forward to welcoming many more to our countries through this new scheme". The scheme is expected to boost tourism and business visits in the UK and Ireland, as the scheme has been designed to simplify the process for visitors from China and India. The implementation date has yet to be confirmed, but it is expected to come into fruition in Autumn 2014. If the scheme is proven to be successful, the British-Irish visa will be offered to other nationalities. ## British Prime Minister David Cameron & Chinese Prime Minister Li Keqiang keen to Strengthen Business ties Following [the pilot programme](http://www.expatforum.com/britain/uk-and-china-relax-working-and-visiting-visa-arrangements.html) of a new fast track application service last year with tour operators, the UK is in negotiations with European partners to allow Chinese visitors to apply for visas for Britain and Europe’s 26-country Schengen Area through a single application process. Changing the original process for Chinese visitors to  the European Union who have to submit separate visa applications for the UK. From British Prime Minister David Cameron's [trade visit to China](https://web.archive.org/web/20140821165738/http://www.ft.com:80/cms/s/0/38070776-f572-11e3-afd3-00144feabdc0.html) to Chinese Prime Minister Li Keqiang's three day visit to the UK, both countries are keen to strengthen business ties. According to the Confederation of British Industry,the UK's relationship with China is extremely important to the countries economic future: > "A well-functioning work permit and visa system is vital to ensuring that the UK is a vibrant hub for international trade, visitors and students." According to the [Home Office statistics](https://www.gov.uk/government/publications/immigration-statistics-july-to-september-2013/immigration-statistics-july-to-september-2013) for visitor visas issued between 2012 to 2013, there was a 40% increase for visas issued to Chinese nationals. This is said to be due to the introduction of a priority visa service and the opening of 12 visa application centres across China.  ## Successful UK Visitor Visas Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Married Couple Reunited after being Forced to Live apart for 10 Months Source: https://immigrationandvisasolicitors.co.uk/married-couple-reunited-after-being-forced-to-live-apart-for-10-months/ *T**oday, it has been reported that a[ married couple have been reunited](http://www.bbc.co.uk/news/uk-england-nottinghamshire-24427458) in the UK after being forced to live in different countries for 10 months due to immigration red-tape. Herb Reagan, an American national had lived in the UK for 12 years and was granted indefinite leave to remain, before  him and his wife Gill Reagan, a British national moved to South Africa. The couple spent 10 years in South Africa as missionaries before deciding to return to the UK last year. They were left disappointed when they discovered that Herb's indefinite leave to remain status had expired due to his long period of absence from the UK.* ## Tribunal Judge: Mr Reagan's Deportation was a Breach of the Couple's Right to Respect for Family Life Herb, [was refused entry](http://www.bbc.co.uk/news/uk-england-nottinghamshire-27252348) into the UK when arriving at Heathrow airport, despite having been previously granted indefinite leave to remain. Herb found out that his leave to remain had expired. The couple claim they were given the wrong information by the British Embassy and the UK Border Agency. They were told that Herb could fly back to the UK on a tourist visa and apply for a settlement visa once in the UK. The couple, who have three sons arrived in the UK in August 2013, Herb was deported back to South Africa on the same day. The couple appealed the Home Office's decision twice and was refused both times, before taking their case to the Upper Tribunal. Gill's legal representative stated his disappointment in the Home Office: > "It has been enormously disappointing how the Home Office has failed to exercise their discretion in Gill's case. The Border Agency did send an apology to Mrs Reagan, but refused to change its decision." The case was heard at the Upper Tribunal and the Judge ruled in favor of Herb, stating that his deportation was a breach of the couple's right to respect for family life. Herb arrived in the UK and reunited with his family on 7 July 2014. Gill expressed her relief of having her husband in the UK: > "The fact he’s finally home is such a relief. The children were also extremely excited as they’ve obviously really missed their dad. The last year has just been horrendous – we were apart for our 20th wedding anniversary, for birthdays and Christmas. It’s amazing how just suddenly having him here again is like a breath of fresh air." ## Returning Resident UK Visa Requirements Herb was relying on his returning residents rights, which states in order to return and settle in the UK you can apply for a Returning Resident visa. You are only eligible for this visa if you have previously been granted indefinite leave to remain and have not been away from the UK for more than two years. You are eligible for this visa if: - You plan to return to live in the UK permanently - You have been settled in the UK when you last left - You have been away for more than 2 years - You have not been given public funds to help you leave the UK Other requirements, you must prove that you have strong ties to the UK. Such as family, friends and proof that you have lived in the UK for the majority of your life. ## Successful Returning Resident Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment.   --- # JCWI Report: Impact of the Adult Dependent Relative Rules on Families Source: https://immigrationandvisasolicitors.co.uk/jcwi-report-adult-dependent-relative-rule/ *Yesterday, the Immigration Team at Lexvisa was invited to attend the [launch](https://web.archive.org/web/20170310071547/https://www.jcwi.org.uk/blog/2014/07/09/immigration-restrictions-condemn-elderly-parents-lonely-twilight-years) for the Joint Council for the Welfare of Immigrants (JCWI) report on Adult Dependent Relative rule (ADR). The launch took place at the House of Commons and the ADR report presented was a collaboration between JCWI and [BritCits](http://britcits.blogspot.co.uk/), a family migration campaigning organisation. A panel of nine discussed their views of the Immigration Rule, as well as how they have been affected by ADR and also lead an open discussion amongst the attendees.* ## Requirements of ADR & Examples of Scenarios The Adult Dependent Rule came into force in July 2012, the rule allows elderly parents or grandparents of a permanent resident of the UK to join their family here in the UK. According to the Immigration Rules in order for an adult to be eligible as a dependent he/she would have to provide the following evidence: - They require long-term personal care as a result of age, illness or disability; - They are unable to receive the required level of care in their native country; - They have no other family members or ties in the country they are residing; and - The sponsor must show that they can adequately maintain, accommodate and care for the relative. The Home Office gave [examples of success and unsuccessful ](https://web.archive.org/web/20170310070644/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/263241/section-FM-6.0.pdf)scenarios: An woman from India aged 70 years old. Her daughter lives in the UK; her son and his family live in the UAE. The daughter sends her mother money to pay for someone to do her cleaning, but is concerned that her mother is becoming increasingly frail and forgetful. **This would not meet the criteria as the applicant is able to perform everyday tasks and/or has help available with these tasks. ** Another example: A married couple from Pakistan, both aged 70 years old. Their daughter lives in the UK. The wife requires long-term personal care owing to ill health and cannot perform everyday tasks for herself. The husband is in good health, but cannot provide his wife with the level of care she needs. They both want to come and live in the UK. The daughter can care for her mother full time in her home as she does not work whilst her husband provides the family with an income from his employment. Her sister in the UK will also help with care of the mother. The applicant provides the ECO with the planned care arrangements in the UK. **This could meet the criteria if the applicant can demonstrate that they are unable even with the practical and financial help of the sponsor to obtain the required level of care in the country where they are living because it not available and there is no person in ****that country who can reasonably provide it or it is not affordable and other relevant criteria are met. ** ## Financial Impacts on UK Families According to the report which gathered data from 111 questionnaires, 18 interviews with individual who have been affected by the Immigration Rule and corresponding with lawyers who have clients seeking to make an application under ADR. 62% of participants of the questionnaire stated their parents are financially dependent on them, along with 80% expecting their parents to be financially dependent on them in the future. The cost of travel has a significant impact on families in the UK, with 63% citing that their children are unable to visit their grandparents abroad on a regular basis. One interviewee who is affected by the ADR stated: > "Financially, one visit costs around £1,200, so 4 visits annually is about £6,000, which is about the mortgage on a 6 bedroom house for 1 year. It is not viable in the long term. People are limited in how much leave  they can take to care for parents, so this is a huge expense people have to pay to be with their families." Families affected by the ADR have also expressed the cost efficient benefit of having their parents come to the UK. They stated that having their children's grandparents around them throughout their youth is both positive financially, as childcare at times can be unaffordable. Data showed the value of grandparental childcare in the UK as an estimated £7.3bn, 58% of participants in the questionnaire cited their or their partner's reason for not working is down to childcare. The report also cited grandparents as being positive for their grandchildren's development, socially and culturally. ## Are you Affected by the Adult Dependent Relative Requirements? Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Case Ruling: MM v Secretary of State for the Home Department Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-mm-v-secretary-state-home-department/ *Today, the judgement in the case of  [R (on the application of MM) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin)](http://www.bailii.org/ew/cases/EWHC/Admin/2013/1900.html) has marked a blow for those campaigning against the Home Office's Appendix FM (financial requirement) which state that applicants must demonstrate earnings of £18,600 per annum when making a relationship based application. The Court of Appeal has ruled that the Home Office are justified in refusing applications in which the Applicants' do not meet the financial maintenance requirement as specified under Appendix FM required. * ## Facts of the Case MM, is a 34 year old Lebanese national who entered the UK in 2001. He was granted limited leave to remain in the UK as a refugee, which expired on 28 January 2014. MM has two brothers in the UK with similar visas and lives with his nephew and sister 'EF' who obtained discretionary leave to remain after the breakdown of her marriage. MM got engaged to a Lebanese woman in 2010, but due to his refugee status was unable to visit her in Lebanon. Their plans to marry in Syria in 2012 were also deterred, due to the security situation. The couple met twice in Cyprus on Visitor visas and got married by proxy in Lebanon in January 2013. The couple made a Spouse visa application, MM stated that he earned approximately £15,600 on average per year, along with his wife having a BSc in nutrition, and employed in Lebanon as a pharmacist. He also confirmed that she was fluent in English and had been in contact with employers in the UK, who indicated that she was likely to find skilled employment if she was lawfully resident in the UK. Unfortunately, for MM and EF the Immigration Rules were amended on 9 July 2012 to introduce a [financial requirement](http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/) to be met by a person applying for leave to enter, leave to remain and indefinite leave to remain in the UK on the basis of their family life with a person who is: 1.     British Citizen; or 2.     present and settled in the UK; or 3.     in the UK with refugee leave or humanitarian protection. The rules specify that a sponsor must be earning £18,600 per annum before they can sponsor their spouse, unmarried partner or same sex partner to enter or remain in the UK. When MM's case was heard at the Administrative Court, Immigration Judge* *Blake J carefully considered the UK’s immigration rules requiring a minimum income of at least £18,600 for spouse visa applications and stated that they could constitute an unjustified and disproportionate interference with the ability of spouses to live together. He suggested that an appropriate figure may be around £13,400 and highlighted the position of young people and low wage earners caught by the higher figure in the rules. ## Decision Made in MM Income Case in Court of Appeal The [verdict was released today](http://www.freemovement.org.uk/wp-content/uploads/2014/07/MM-etc-v-SSHD-APPROVED.pdf). The case was heard in the Court of Appeal in front of Lord Justice Aikens and Lord Justice Treacy. The judges sympathized with the Appellants but stated the UK does not hold the highest threshold when it comes to financial requirements for spouses: > "Essentially the debate is about figures and what should be the minimum necessary income figure and what other possible sources of income should or should not be taken into account to see if that minimum can be reached. This case is not the same as Quila, where the policy imposed a total ban on entry of persons between 18 and 21 who wished to be married to UK citizens; or Baiai where the policy (subject to a discretionary compassionate exception) imposed a “blanket prohibition on the right to marry at all in the specified categories”.162 Here, the non-EEA partner can enter the UK, provided the UK partner’s level of income, judged by the policy of the new MIR to be appropriate, is reached. Admittedly there is a total ban on the entry of non-EEA partners where the UK partner cannot reach the required minimum and I appreciate that this ban could be life-long. But there has always been a maintenance requirement at a certain level and if that level was not reached by the UK partner, then there was a total ban on the entry of the non-EEA partner unless, in an individual case, it would be disproportionate under Article 8(2) to refuse entry in that instance. Moreover, maintenance requirements are not unique to the UK and it does not set the highest minimum annual income; Norway does." They continued by considering whether they were in breach of Article 8: > “I have also considered whether your application raises or contains any exceptional circumstances which, consistent with the right to respect for family life contained in Article 8 of the European Convention on Human Rights, might warrant consideration by the Secretary of State of a grant of entry clearance to come to the United Kingdom outside the requirements of the Immigration Rules. I have decided that it does not. Your application for entry clearance to come to the United Kingdom is therefore refused.” It is expected that the parties will appeal this decision to the Supreme Court, but may have to wait many months before reaching a conclusion. ## Are you affected by the ‘Financial Requirement’? The Home Office’s rules on financial requirements affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route. The rules define the basis on which a person can enter or remain in the UK on the basis of their family or private life. If you intend to make an application as the spouse, partner, fiance(e) or proposed civil partner of a British citizen, you and your sponsor will need to meet the financial requirements. If you would like to discuss how the financial requirement may affect you, please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) today and our London immigration solicitor’s will be able to assist you by meeting with you and reviewing your case. If you have had a spouse visa refused on the grounds that you did not meet with the financial requirements, contact us so we can review your case. --- # Statement of changes in Immigration Rules to prevent Fraudulent Activity Source: https://immigrationandvisasolicitors.co.uk/statement-of-changes-in-immigration-rules-to-prevent-fraudulent-activity/ *Last week, a [statement of changes](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/329137/hc-532.pdf) in Immigration Rules was presented to Parliament. The changes are regarding the Home Offices new restrictions on the Entrepreneur visa route, which allows migrants to set up businesses in the UK in order to create jobs and growth. The reason for the changes come after tax records showed migrants on Tier 4 Student visas switching to Tier 1 Entrepreneur visas, were not actually setting up businesses but were in fact working in low skilled jobs. The Home Office has suggested that migrants and 'organised criminals' began to use the entrepreneur route when the post study work visa was abolished in 2012. Applications increased from 118 in 2009 to approximately 10,000 in 2013, with the UK Government fearing that the entrepreneur visa is being used as a route to low-skilled work for migrants.* ## James Brokenshire: Systematic Abuse will not be Tolerated Immigration Minister James Brokenshire, stated that the [Immigration Rules are being tightened](https://www.gov.uk/government/news/changes-to-the-immigration-rules-will-clamp-down-on-visa-abuse) to prevent migrants and organised criminals obtaining entrepreneur visa by dishonesty, in order to allow them to stay in the UK. > "This shows that a robust response is required to protect the integrity of the immigration system and to make clear that systematic abuse will not be tolerated. The new restrictions on switching into the Tier 1 (Entrepreneur) category will apply whilst we carry out further investigations into these abuses and review the route to ensure that it delivers its proper purpose, which is to help foster growth and innovation. The changes will come into force tomorrow, to guard against the possibility of any further intake of speculative or fraudulent applications." According to the Home Office, in line with the changes international students will only be able to switch to an entrepreneur visa by using funds from a government-approved source, and post study workers will be required to submit additional evidence of their business activities. Additionally, those who have not yet started a business and do not have sufficient evidence of a genuine business, will not be able to switch from the old post-study route on to an entrepreneur visa. ## Additional changes to the Immigration Rules [In addition](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/329137/hc-532.pdf), this statement of changes to the Immigration Rules will: - Add a new 12 month “Mathematics Teacher Exchange” scheme to the Tier 5 (Government Authorised Exchange) route between England and China; - Remove all tests provided by Cambridge International Examinations (“CIE”) and certain tests provided by Cambridge English and Trinity College London from the list of approved English language tests by the Home Office; - Align the Immigration Rules on family and private life in Appendix FM and paragraphs 276ADE-276DH with the public interest considerations in section 117B of the Nationality, Immigration and Asylum Act 2002; and - Align the Immigration Rules in Part 13 which relate to foreign criminals with the power to certify human rights claims where there is no risk of serious irreversible harm from removal pending appeal contained in section 94B of the 2002 Act. ## Successful Tier 1 Entrepreneur Visa Applications & Appeals Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Entrepreneur visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: Visitor and Migrant NHS Cost Recovery programme Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-visitor-migrant-nhs-cost-recovery-programme/ *This week, a [report](file:///C:/Users/LEXUSER/Downloads/14.07.14-NHS_Implentatation_Plan_Phase_3.pdf) prepared by 'Visitor and Migrant NHS Cost Recovery programme' was published in order to improve the systems for charging international visitors and migrants for their NHS healthcare in the UK. The proposed changes  do not seek to undermine the principle that the NHS is, and will remain, free for UK citizens. Instead, they are being introduced because the UK Government  believes that the NHS can no longer afford to be so open to migrants who are not settled in the UK and implement the belief that everyone should make a fair contribution to the cost of their healthcare. * ## UK Visitors & Non-EEA Nationals to Pay for NHS Treatment Earlier this year, we reported that UK Government ministers announced that overseas visitors and migrants are to face new charges for some NHS services in England, including some emergency care, extended prescription fees and higher rates for optical and dental services. The government is of the view that the UK’s health system is ‘overly generous’ to those who have a temporary relationship with the UK and as such ministers are putting plans in place to extend NHS charging for overseas visitors and migrants*.* Dr Mark Porter, chair of the British Medical Association (BMA) spoke out against the government’s plans and believes that requiring GP’s to spend more time on paperwork and bureaucracy needed to regulate the new charges could mean the system will end up costing more to run than in revenue. Dr Mark Porter stated:   > “[The proposals] are likely to create a complex patchwork of charging and access entitlements where some services remain free, such as GP appointments, while others will be chargeable, including A&E visits and other services provided via many GP practices, such as physiotherapy.” ## Immigration Health Surcharge Allows Access to NHS Services The visitor and migrant NHS cost recovery programme - implementation plan 2014-16, states that the NHS regulations 2011 needs to be prepared, redrafted and implemented. > "The Overseas Visitor Charging Regulations, which currently make provision about the services and overseas visitors that are chargeable, will require amendment. The date for laying the regulations is linked to the Home Office timetable for the regulations setting out the detail of the surcharge. However, this phase expects to deliver the secondary legislation to align with a spring rollout of the surcharge." The 'surcharge', is a payment made on UK visa applications. For those who choose to pay the immigration health surcharge, it  will give them access to NHS services in the same way as a person ordinarily resident of the UK. This will be mainly paid by non-EEA temporary migrants when they apply for leave to enter or remain in the UK. However, this will not apply to to non-EEA visitors, who are in the UK for 6 months. ## Successful UK Visitor Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making visa applications to the UK step by step and limit the possibility of failure by complying with the strict letter of law. If you are planning on visiting the UK or migrating to the UK and wish to know how the government’s plans affect you, please contact us so that we can provide you with comprehensive legal advice. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Rules: Resident of the UK for 30 years not Recognised as British Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-rules-resident-of-the-uk-for-30-years-not-recognised-as-british/ *[Today](http://www.gazetteherald.co.uk/news/11344714._/), it was reported that a 46 year old woman who has lived in the UK for 30 years has to go through the naturalisation process to become a British citizen. Glenda Hyde, who was born in the US was adopted at the age of 3 years old by a British couple. The couple along with Glenda moved to the UK in 1974, when Glenda was just 7 years old. Glenda was told that she was not recognised as British, as her parents did not register her when she was a child.* ## Legal Representative: Life in the UK Test do not allow Exemption on the Grounds of Long Residence Glenda has lived in the UK since she was 7 years old and insists that she has only been abroad once. She obtained a national insurance number and got married to her first husband when she was 20 years old with no hassle. She has three British born children from this marriage and was widowed in the year 2000. Glenda married for the second time and found that despite residing in the UK for the majority of her life, she could face deportation: > "We applied to the local register office and was told I couldn’t marry there because I wasn’t a British citizen as I had an American birth certificate, and after being passed between immigration and the passport office the conclusion was that I could face deportation,” she said. Fortunately our church in Welburn agreed to marry us, but it was at this point that I realised there was an issue." Glenda was told that she was not recognised as British, as her parents did not register her when she was a child due to Immigration Rules being very different. In order to prove her right to stay in the UK she would have to apply for naturalisation. One of the requirements of the naturalisation process is to sit a 'Life in the UK' test, to show that they have sufficient knowledge of the English language. This test costs £906, however, individuals may be exempt from this requirement based on medical grounds. Glenda is said to have a number of heart issues, high blood pressure and is wheel chair bound, but was still required to take the test. She attended a testing centre in Leeds and found the whole situation very distressing. Glenda forgot her photo ID and ended up passing out, as a result she was unable to sit the test. Due to not sitting the test, Glenda lost her booking fee and was told she could not sit the test until August. Glenda's legal representative refused to comment on allegations that they had been in touch with the Immigration Minister to be exempt from the 'Life in the UK' test, but still stated: > "The rules around the Life in the UK test do not allow exemption on the grounds of long residence, but they were surely not brought in to penalise a person like Mrs Hyde, adopted by British parents in 1969 and living in the UK since 1974 and suffering from severe health problems." Glenda is considered by the Home Office to be in the UK legally and her naturalisation application is currently be processed. ## Applying for Naturalisation In order to make an application to naturalise as a British citizen you must have had Indefinite Leave to Remain for at least 12 months. The only exception is EEA citizens and their family members. Upon five years continuous residence in the UK ending on or after 30 April 2006, EEA citizens who have continuously exercised ‘treaty rights’ (as a worker, self-employed person, student, self-sufficient person or a jobseeker) and their family members automatically acquire permanent residence status. Once EEA citizens and their family members have had permanent residence status for a period of at least 12 months they are then entitled to apply to naturalise as a British citizen. ## Qualifying Criteria for British Citizenship There are a number of requirements that one has to fulfil in order to make a successful application for British citizenship: - Minimum age of 18; - Sound mind; - Intention of having your home in the UK; - Sufficient knowledge of English Language; - Sufficient knowledge of life in the UK; - Good character; - Residence requirements; and - References. ## Contact us for a successful Naturalisation application Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our **[**legal case assessment form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** and we will get in touch or call us now on 0845 8622 529.** --- # UN Migration Report: 232 million People Living outside Country of Origin Source: https://immigrationandvisasolicitors.co.uk/un-migration-report-232-million-people-living-outside-country-of-origin/ *Today, the United Nations published [a report](http://www.expatforum.com/articles/visas-permits-and-immigration/over-3-of-the-worlds-population-are-expats-according-to-un-report.html) showcasing 232 million people are living outside their country of origin. This means that 3.2% of the world’s total population have moved to live and work in another country. Reasons given for this is for migrants to find work in this harsh economic times. Europe has found to be the most popular destination for migrants, with 72 million international migrants in 2013. It was also found that despite the world consisting of 200 countries, half of all migration takes place in just 10 countries.* ## UN Undersecretary General:  Important Contribution to Social and Economic Development The report showed that the UK is the fifth highest number of any country where migrants choose to live and work. There is an estimated 7.8 million migrants in the UK. Wu Hongbo, UN Undersecretary General for Economic and Social Affairs, commented on the importance of migration to any country: > "Migration, when governed fairly, can make a very important contribution to social and economic development both in the countries of origin and in the countries of destination,’ said Wu Hongbo, UN undersecretary general for economic and social affairs. Migration broadens the opportunity available to individuals and is a crucial means of broadening access to resources and reducing poverty." On the flip-side, British people are the biggest exports, as the report shows that 5 million British born individuals have emigrated. The total number of Brits living abroad increased by 23% from 4.1million in 1990 to five million 2013. Australia was found to be the most popular destination, with 1.2 million Brits choosing the country to reside in, ahead of the US with 758,919 and Canada with 674,371. This of course contradicts the argument that migrants come to the UK and take jobs away from British workers.  ## 60% British Graduates believe Immigration has Benefited UK Economy *Earlier this year, the British Social Attitudes Survey revealed that Londoners are more welcoming of migrants, as they believe migrants are good for the UK economy. 3,000 Brits participated in the survey conducted by NatCen Social Research .*According to the survey, 60% of British born graduates believe that immigration has benefited the UK economy. 17% of those who hold no qualifications share the same view. It was also found that 54% of Londoners think that migration has a positive impact on the economy, in comparison to 28% of Brits elsewhere in the UK. The survey also showed that the majority of Brits believe migrants come to the UK to work, whilst a quarter believe it is to claim benefits. Although, it is true that one of the major reasons people come to the UK is to work, people fail to see the positive. The [misconception](http://descrier.co.uk/politics/anti-immigration-rhetoric-threat-britains-long-term-growth/) of migrants coming to the UK to work, is that they cause unemployment and depress wages. In 2013, 214,000 migrants came to the UK to work, but in contrast 186,000 British nationals left the UK to work overseas. The effects are minor, as found by the Office of Budget Responsibility, migrants reduce the pressure on the public finances as they are less likely to claim benefits and more likely to pay taxes that the average UK citizen.  ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Four Restaurant Directors Disqualified for Hiring Illegal Migrants Source: https://immigrationandvisasolicitors.co.uk/four-restaurant-directors-disqualified-for-hiring-illegal-migrants/ *[Today](http://www.insidermedia.com/insider/north-west/119448-liverpool-restaurant-operator-banned), it was reported that a Manchester based Restaurant owner has been disqualified as a director, after being was found guilty of breaking Immigration laws by employing illegal migrants. Cho Nam Kwan, was fined £35,000 for hiring seven illegal migrants at his Tai Pan restaurant in Liverpool. Illegal working often results in abusive and exploitative behaviour, the mistreatment of illegal migrant workers, tax evasion and illegal housing conditions. It can also undercut legitimate businesses and have an adverse impact on the employment of people who are lawfully in the UK.* ## Business Minister Jo Swinson: Employing Illegal Workers Damage their Local Economy Is an employer, you have a responsibility to prevent illegal working in the UK by ensuring that your employees have the right to work in the UK. The illegal working provisions of the Immigration, Asylum and Nationality Act 2006 (‘the Act’) came into force on 29 February 2008. Under Section 15 of the Act, the Secretary of State is allowed serve employers with a notice requiring the payment of a penalty of a specified amount where they employ a person aged 16 or over who is subject to immigration control. After Cho Nam Kwan [failed to pay the penalty ](http://www.liverpoolecho.co.uk/news/liverpool-chinese-restaurant-boss-banned-7430535)of £35,000, he has been disqualified as a director for six years. This means that he cannot manage or control a business until 2020.  Kwan, along with three other directors who employed a total of 15 illegal migrants have all lost their licences to run restaurants. This is due to a joint operation between the Insolvency Service and Home Office Immigration Enforcement. All four restaurants were visited by Home Office Immigration Enforcement in 2012 when the illegal workers were discovered. Business Minister Jo Swinson, stated that she hopes this is a clear warning to UK employers who think they are above the law:  > "People who employ illegal workers are not only breaking the law, they are also damaging their local economy. From stopping people from getting honest jobs to undermining businesses in their communities, the costs are huge. These four disqualifications give a strong warning that the government is determined to stamp out these illegal practices and will take tough action against anyone flouting the law." ## UK Businesses Need to Carry out Thorough Immigration Checks Statistics show that 1,822 civil penalty notices were issued to British employers between January and December 2013 which represents a 50% increase on the previous 12 months, when 1,216 penalties were imposed. The value of penalties issued – £14,107,750 – was up 31% on the £10,775,500 recouped by the Home Office in 2012. Speaking on the data, Derek Kelly, managing director of Parasol stated: > “These findings illustrate the heightened level of scrutiny that employers are now under when it comes to illegal working. More than ever, it’s vital that companies carry out thorough checks and follow the correct procedures when hiring foreign nationals.” The Home Office has [revised the list ](http://www.smallbusiness.co.uk/blog/2463477/preventing-illegal-working-changes-to-employer-obligations.thtml)of documents into two parts list A and B. List A: Details the documents needed for checking purposes for a person who has a permanent right to work in the UK. The statutory excuse will be for the whole duration of the employee’s employment with the business because there are no restrictions on their permission to be in the UK. They do not have to repeat the right to work check. List B: Details the documents needed for checking purposes for a person who has temporary right to work in the UK. The statutory excuse will be limited because the employee has restrictions on their permission to be in the UK and to do the work in question. ## Immigration Legal Advice for UK Employers If you are a UK business and have been affected by the Home Office’s raids, contact us to discuss this further. Business owners / Directors sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor these migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. --- # Tory Ministers redrafted Immigration Report for being too ‘pro-European’ Source: https://immigrationandvisasolicitors.co.uk/tory-ministers-rewrote-immigration-report-for-being-too-pro-european/ *Over the weekend, it was reported that Tory ministers 'insisted' on rewriting a [Government report: on the impacts of migration on UK native employment](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/287287/occ109.pdf), because it was too pro-European. The report which was due to be published in December 2013, was delayed as it had been reportedly rewritten twice. Liberal Democrat Business Secretary Vince Cable who has repeatedly clashed with Home Secretary Theresa May, accused her of being 'propagandist'. * ## Government Report: Impacts of Migration on UK Native Employment [According to BBC's Newsnight](http://www.bbc.co.uk/news/uk-politics-28368567), due to the contents of the report, rows within the coalition caused the publication to be postponed twice. The report's executive summary states: > "The impact of the labour market is considered across a range of different sectors, including manufacturing, engineering, legal services, agriculture, hospitality, financial service and health care; and with regards to highly skilled, low skilled and regulated professions. The effects are viewed as largely positive, providing a wide range of skilled labour and opportunities for UK workers and their employers in other member states." The joint Home Office and Business Department report acknowledges that the impacts of migration on the UK are complex and wide-ranging, affecting economic, social and cultural aspects of life in the UK. The report, which was compiled by government analysts, concludes that there is “little evidence” migrant workers have a “statistically significant” impact on jobs of British workers, especially when the economy is strong. The analysts state that although it was difficult to predict the impacts of future migration on native employment with any great degree of certainty, they were able to make an informed judgement based on existing evidence. ## Dr Carlos Vargas-Silva: Decline in the Number of Recent Migrant Workers in the UK According to the report, there has been a decline of 28% in the number of non-EEA highly skilled Recent Migration Workers (RMW)  in the UK since 2007. However, there has been a 53% rise within the EEA, with skilled migrants coming from countries such as France, Germany and Spain. The number of non-EEA highly skilled RMW have shown to be the most effected by the Government’s policy to decrease to tens of thousands. The figures show highly skilled migration decreased by 30%, from 155,000 in 2007 to 109,000 in 2010. This number decreased by a further 39% in 2013 to 94,000, in comparison to 2007. Dr Carlos Vargas-Silva, co-author of the report said: > “There has been a significant decline in the number of recent migrant workers in the UK who have the highest levels of education and who are in top occupations since 2007, but this decline is driven by a decrease in non-EEA migration. Since 2011 the number of these recent migrant workers who are from EEA countries has increased. Policy makers need to look at whether this has been caused by a “balloon effect” where policies designed to squeeze one sort of migration lead to another sort increasing in size.” ## Are you a Highly Skilled Migrant looking to Work in the UK? Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1, Tier 2, Tier 4 or Tier 5 application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a points based visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Indian Industry Representatives ask the UK to Ease Immigration Visa System Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-indian-industry-representatives-ask-uk-ease-immigration-system/ *This week, it has been reported that Indian industry representatives have asked the UK to ease it's visa system to make Indian migrants movement between India and the UK easier. Prime Minister David Cameron has visited Indian twice, in a bid to persuade Indian students and businessmen to come to the UK. This is due to concerns that the Coalition’s immigration policies are putting off foreigners who have the ability to potentially boost the UK’s economy.  The possible decline in Indian migration to the UK (in particular student migration) has been attributed to tough immigration laws and could be seen as the result of the Immigration Bill.* ## President of CII, Ajay Sriram: lets get the Benefit for both the UK & India The conference brought together Senior Industry leaders from both India and the UK to discuss the new Indian Government's scheme. Ajay Sriram, the President of the Confederation of Indian Industry (CII) stated at the Confederation's annual conference at the St James' Taj Hotel in London, that he believed that it is the right time to review the economic engagement between India and the UK. > "The UK has effected changes in policy which curb the movement of technical personnel between India and the UK. There is a need to examine ways to enhance the easier transfer of students and technical experts and address these issues on a priority to increase business engagement. We in CII strongly believe that the potential of business growth between the two countries is large. India is seeing a new wave, a new push, a new direction and let's jointly work to capitalise on that and get benefit for both countries going forward." The Indian High Commissioner to the UK, Ranjan Mathai, acknowledged that Indian companies listing in the UK will only increase and as a result more jobs will be created. Marian Sudbury, the UK Trade and Investment (UKTI) representative at the CII conference made it clear that statistics show that 90 per cent of UK visas applied for by Indians are granted. Figures released by the [Office of National Statistic](http://www.ons.gov.uk/ons/rel/migration1/migration-statistics-quarterly-report/august-2013/sty-migration.html)'s at the end of August 2013 showed that there is twice the amount of long term net migration from outside the EU than there is from inside it. In 2012, there were 48,000 visas issued to Indians which was more than three times the amount given to Australians who got the second most. ## David Cameron Encourages Indian Migrants to come to the UK Prime Minister David Cameron made his second visit to [India last year](http://web.archive.org/web/20130526014146/http://www.thenational.ae:80/news/world/south-asia/cameron-eases-visa-restrictions-for-indian-investors-and-students). At that time, he responded to Indian complaints of barriers between India and the UK: > "One of the cases we are going to make this week is that we hope the Indian government will continue with the brilliant work that it has begun to open up the Indian economy, to take down the barriers and to make it easier to do business here" During his trip he announced that a same-day British business visa service for Indian investors and said there was "no limit" to Indian student visas, as long as they had been accepted to a British school. The Prime Minister [also denied](http://www.telegraph.co.uk/news/uknews/immigration/10448670/David-Cameron-makes-fresh-attempt-to-persuade-Indians-to-come-to-Britain.html) that the Coalition’s tough line on immigration is putting off tens of thousands of Indians who want to study in the UK. It has already been reported that the number of Indian students in the UK fell to 16,000 last year down from 61,200 in 2009. Cameron blamed this on 'bogus students', who came to the UK to work not study. > "I think one of the reasons the numbers have fallen back from some countries is because a lot of people previously were not coming to study - they were coming to work. We want students to come and study." ## Successful UK Visa Applications & Appeals for Indian Migrants If you wish to come to the UK to visit, study, work or settle, our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Migrants are better Qualified than British Born Youths Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-migrants-better-qualified-than-british-born-youth/ *Earlier this year, [research conducted](http://www.dailymail.co.uk/news/article-2577982/Foreigners-UK-likely-degree-Third-born-abroad-university-level-qualifications-compared-quarter-Britons.html) by The University of Manchester’s Centre on Dynamics and Ethnicity (CoDE), found that migrants in the UK are more likely to have a degree. The study found that a third of those born abroad have a university-level qualifications compared to a quarter of Britons. The reasoning for this, is that many migrants come to the UK to study. This may also explain why UK employers want to recruit migrants. There have been a number of studies and stories echoing that foreigners are filling a fifth of jobs in key industries such as engineering due to a lack of skills in the UK. * ## Kitty Lymperopoulou: Increasing Proportion of Ethnic Minority People Educated in Britain Whilst the CoDE study found that migrants have better academic qualifications than people born in Britain. They also found that one in four British-born people left school with no qualifications and have achieved none since. The data which was comprised over the past 20 years by the national census in 1991, 2001 and 2011, found that: - Chinese (43%), Indian (42%) and black African groups (40%) were amongst the highest nationals with degree level qualifications in 2011; - 11% of the Black African group, were found to be the least likely to have no qualifications, in comparison to 24% of people born in the UK with no qualifications; - 27% of Indian nationals and 18% of Pakistani national increased their degree level qualifications, between 1991 and 2011; and - 19% of Bangladeshi nationals and 16% of Pakistani nationals decreased respectively in those without any qualifications between 2001 and 2011. [CoDE researcher, Kitty Lymperopoulou](http://www.manchester.ac.uk/discover/news/article/?id=11724) commented on the study:  > "Over the last twenty years, educational attainment has been increasing among ethnic groups as a result of an improvement in access to education overseas and the increasing proportion of ethnic minority people educated in Britain. Though this is good news for ethnic minorities, we need to remember that despite achievement gaps between some ethnic groups and White British people narrowing or even disappearing, ethnic minority groups continue to experience inequalities in education and the labour market." Despite there still being barriers for international students, their qualifications and skill set may explain why UK employers prefer to recruit migrants. ## UK Prime Minister: School Standards mean Young Britons do not have the Qualifications to Compete Recent research by the National Institute for Economic and Social Research (NIESR) has revealed that recruiting skilled migrants from abroad allows companies to become more [efficient and ](http://www.telegraph.co.uk/news/uknews/immigration/10426473/Why-hire-foreigners-They-just-work-harder.html)[expand](http://www.telegraph.co.uk/news/uknews/immigration/10426473/Why-hire-foreigners-They-just-work-harder.html)[ their businesses](http://www.telegraph.co.uk/news/uknews/immigration/10426473/Why-hire-foreigners-They-just-work-harder.html). These findings follow research by the government which shows that foreigners are filling a fifth of jobs in key industries such as engineering due to a lack of skills in the UK. Prime Minister David Cameron has [stated](http://www.dailymail.co.uk/news/article-2478336/David-Camerons-anger-factories-staffed-foreigners.html) that foreign nationals cannot be blamed for attempting to find jobs in British factories when the error is really within UK schools and colleges for not teaching students the essential skills to do the work. Speaking to a group of apprentices at a mini factory in Oxfordshire he explained that “poor training and school standards mean young Britons do not have the skills and qualifications to compete.” ## Successful UK Tier 2 & Tier 4 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making visa applications to the UK step by step and limit the possibility of failure by complying with the strict letter of law. If you are planning on visiting the UK or migrating to the UK and wish to know how the government’s plans affect you, please contact us so that we can provide you with comprehensive legal advice. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # MAC Report: Growth of EU and non-EU Labour in Low-Skilled Jobs Source: https://immigrationandvisasolicitors.co.uk/mac-report-growth-eu-non-eu-labour-low-skilled-jobs/ *This month, the Migration Advisory Committee (MAC) published its[ report](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/333084/MAC-_Migrants_in_low-skilled_work_Summary_2014.pdf) on the growth of EU and non-EU labour in low-skilled jobs and its impact of the UK. In May 2013, the Minister for Immigration asked the MAC to review migrant employment in low-skilled. The Minister wanted to know what drives migrants to go into low skill work and the impact that it has on the UK's socially and economically. In 2013 there were around 13 million people in low-skilled jobs in the UK, of which 2.1 million  were born abroad. This increase in migrants in low-skilled occupations has sparked concern of exploitation in the form of:  a failure to pay minimum wages; ensuring decent working conditions; forcing workers to accept sub-standard accommodation; forcing workers to pay for things that they do not need through deductions from their wages; and having workers’ passports retained.* ## Migrants and UK workers in low-skilled jobs The report published by MAC, found that 58% of migrants in low skilled work were born outside the EU. Since the introduction of the Point Based System in 2008, the UK has not created an immigration route for low-skilled employment. There was the Tier 3 route which would have applied, but never came into fruition. Since 2004, over 300,000 Polish nationals are working in low skilled jobs in the UK. Half of all migrants in low-skilled jobs have come to the UK since 2004. This is due to the  EU enlargement in 2004 and 2007. Since 2010, approximately 289,000 migrants from countries such as Spain, Portugal and Italy, have come to the UK to work in low skilled jobs. This explains that the relatively poor economic performance of the Euro zone economies and the reasoning for high unemployment. It was found that just over 100,000 came from non-EU countries. In 2013, there were 29.7 million people aged 16 & over working in the UK. 13.4 million of those were employed in low-skilled occupations, approximately 2.1 million migrants occupied these positions. ## Changes to Immigration Policy have been a Significant Factor behind the rise in Migration to the UK The changes in the patterns of migration in the UK over the last 20 years has been heavily down to the changes to UK immigration policies. Other domestic policies play a part too. These include education and training policy. There has been an increase in the number of work permits granted and a rise in the number of asylum applications accepted. There has also been modest increases for family and student immigration, all contributed to increase non-EU immigration by over 100,000 between the mid and late 1990s. Tier 1 applications have increased from 118 in 2009 to approximately 10,000 in 2013, with the UK Government fearing that the entrepreneur visa is being used as a route to low-skilled work for migrants. UK born employees in high skilled work has increased by 2 million, in comparison to the 1.1 million decline in UK born employment in low skilled work. Migrant employment increased by 1.1 million in low skilled work and increased by 1.3 million in high skilled work. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Filipino NHS Worker defends Migrants in the UK Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-filipino-nhs-worker-defends-migrants-in-the-uk/ *Today, Filipino migrant worker [Rommel Abellar](https://web.archive.org/web/20220520045811/https://news.abs-cbn.com/global-filipino/07/25/14/filipino-caregiver-defends-uk-migrants-tv-documentary) has expressed his view on the value of migrant workers in the UK. Abellar, is one of the five migrants who has taken part in the BBC programme, “Nick and Margaret: Too Many Immigrants?”. In the programme the Filipino care giver opened up about his cultural background from the Philippines and his successfull career in the NHS. Statistics from the Health and Social Care Information Centre (HSCIC) show that 11% of all people working in the NHS and community health services are migrants. * ## Rommel Abellar: Migrant workers are more focused, hardworking, highly motivated Abellar, originally from Compostela Valley in the Philippines, now lives in North London with his wife and two children. He moved to the UK in 2001 to join the NHS now works as a team supervisor at a care home specializing on people with epilepsy and special needs. He commented on the benefits and the reality of migration in the UK: > "Migration brings economic benefits. Let’s take the National Health Service as an example. The minute you arrived at the waiting room, you are far more likely to be treated by a migrant worker, or to boast about it, be looked after by a hardworking Filipino nurse. If not for these migrant doctors, nurses and other staff, the NHS would close. Migrant workers are more focused, hardworking, highly motivated, always come up with fresh ideas and the skills set available to us are topnotch. We tend to raise productivity levels. Most migrants, like myself, are happy to start from the bottom then work our way up. A good number of these care homes now are managed by Filipinos." The Commission on Overseas Filipinos has revealed that approximately 250,000 Filipinos are living and working in the UK. According to a study from the University of Oxford, 13% of the total population in the UK were born abroad. There is an estimated 8 million migrants in the UK today, with the highest numbers coming from  India, Poland and Pakistan. Immigration continues to be a key issue in the UK, due to the magnified socioeconomic problems to higher unemployment rates to the government's net migration target and the strain in free public services like the NHS. ## HSCIC Statistics Show Extent of NHS Reliance on Foreign Nationals According to[ figures obtained by the Guardian](http://www.theguardian.com/society/2014/jan/26/nhs-foreign-nationals-immigration-health-service), the NHS employs staff from more than 200 different countries, including Azerbaijan, Zambia, Indonesia, Poland, and American Samoa, according to official figures. This has led to experts forming the opinion that the NHS would be ‘short-staffed’ without migrants. The Health and Social Care Information Centre (HSCIC) figures show from the study that a total of 204 different nations, excluding the UK, supply the NHS with 136,624 workers. The biggest supplier of employees is India with 18,424, followed by the Philippines with 12,744, then Ireland with 12,613 and Poland with 5,507.  Analysing the figures, [Tim Finch, from the Institute for Public Policy Research (IPPR) think tank stated](http://www.managementinpractice.com/editors-pick/nhs-short-staffed-without-migrants): > “People are still attracted to work in the NHS. Without them we’d clearly be short – it would be very hard to replace that number overnight. If the single thread of immigration policy is just to get the overall figure down by any means, you’ve got to look at the consequences of that on the NHS.” ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Case: Ahmad v Secretary of State for the Home Department Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-ahmad-v-secretary-state-home-department/ *A new case from the Upper Tribunal, *[Ahmad v Secretary of State for the Home Department ](http://www.bailii.org/ew/cases/EWCA/Civ/2014/988.html). *This case highlights the crucial requirement of Comprehensive Sickness Insurance Cover (CSIC). This is an insurance policy for EEA nationals,  that will cover the costs of most of the medical treatment they may require whilst in the UK.* ## Facts of the Case: Pakistani National Married to an EEA National Mr Shakil Ahmad, is a Pakistani national who is married to an EEA national. His wife entered the UK to exercise her 'treaty rights' as a worker in April 2006. Mr Ahmad entered the UK lawfully to join his wife in the UK. Mr Ahmad's wife stopped working and applied for a Tier 4 Student visa, which she was granted in 2009 to 2012. Mrs Ahmad failed to acquire a CSIC. Mr Ahmad put forward the argument that he was working in the UK and had been paying for national insurance for five years. He  then applied for a permanent residence card pursuant to Article 7 (2) of the Directive 2004/38/EC, which provides: > "2. The right of residence provided for in paragraph 1 shall extend to family members who are not nationals of a Member State, accompanying or joining the Union citizen in the host Member State, provided that such Union citizen satisfies the conditions referred to in paragraph 1(a), (b) or (c)." Mr Ahmad challenged that his wife should have comprehensive health insurance in the UK because he believed that she was entitled to use the NHS, therefore did not need to have private insurance cover. ## Upper Tribunal Determination: Distinction between CSIC & NHS The determination of the case at the Upper Tribunal was heard on 26 April 2013. It was found that entitlement to free NHS treatment does not meet the requirements under the Regulations and the Directives for an EEA student in the UK who is required to have CSIC. > "16…..There must be a material distinction between this requirement and the free entitlement to NHS treatment, otherwise the requirement permitted by the Directive and set out in Regulation 4(1)(d)(ii) would be entirely redundant, as such a person lawfully present in the UK already qualifies for free NHS. It is clear from the context of the Directive and the wording of the Regulations that what is contemplated is more than entitlement to NHS treatment." Mr Ahmad had prior case law working against him. The Upper Tribunal cited cases where the court held that free NHS treatment does not satisfy the requirement for CSIC. Cases such as *[W(china)](http://www.bailii.org/ew/cases/EWCA/Civ/2006/1494.html)*, which heard the appellant argue that the requirement for CSIC did not apply because healthcare was free under the NHS was dismissed. In regards to Ahmad, Lady Justice Arden concluded: > "I would dismiss this appeal. If an appeal nationals enters the UK and is not involved in an economically active activity, for example because she is a student, her residence and that of her family members will not be lawful unless she has CSIC while she is a student in the five years following her arrival. Accordingly her family members will not be able to qualify for permanent residency in the UK. so Mrs Ahmad had to have CSIC while she was a student. This condition must be strictly complied with. The fact that she would be entitled to treatment under the NHS, and was thus at all times in substantially the same position as she would have been has she had CSIC, is nothing to the point. Her failure to take out CSIC put the host at risk of having to pay for healthcare at a time when the Ahmads had not then achieved that status of permanent resident and she was not economically active." Both Lord Justice Beatson and Lord Justice Sharp 'agreed'. ## Contact us for successful outcome to your Appeal Our team of experienced and professionally qualified solicitors and barristers (regulated by the Solicitor’s Regulation Authority) will be able to guide you through the appeals process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529. --- # UK Immigration Case Study: Spouse (Leave to Remain) Visa Success Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-study-spouse-visa-success/ *Our Immigration Team were recently instructed to represent a client, who wanted to extend his stay in the UK as the spouse of a person present and settled in the United Kingdom. The Applicant had initially obtained entry clearance as a Tier 4 Student and entered the UK on 1 October 2004. The Applicant began studying a professional four year course and after the completion of the course, the Applicant applied for and was granted leave to remain as the unmarried partner of a British citizen on 19 June 2012. The couple subsequently got married on 8 December 2012. * Our Immigration Team duly prepared and submitted the application in June 2014 with the requisite supporting documents and received news recently that he had been granted leave to remain as a Spouse for 2 years. In particular, our team were pleased with the Home Office's quick response in this matter; he was granted leave to remain despite having had an unspent conviction and ambiguity in finances. ## Qualifying criteria for UK Marriage or Spouse Visas In order to obtain a Marriage or Spouse Visa you must: - Apply for entry clearance for your spouse/civil partner before travelling to the UK; - Have met each other, be legally married to each other and plan to live together; - Meet with the  minimum income threshold requirement of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child; - Any of the above stated income can be from the applicant and sponsor’s total income; - Be able to accommodate yourself and your dependants entirely without recourse to public funds; and - Be able to communicate in English and present an English language speaking and listening qualification at a minimum A1 level or above of the Common European Framework of Reference for Languages unless you are exempt. ## 47% of UK Workers do not meet the Financial Requirements There have been a number of stories in the news regarding spouses of UK citizens failing to meet the above mentioned requirements by the Home Office. In particular, the financial requirement has been the main cause of concern amongst spouses. Under the Immigration Rules introduced by Theresa May in 2012, the British or EU national working in the UK must make at least £18,600 a year, in order to apply for a Spouse visa or family visa. If the couple have a child, the threshold rises to £22,400, plus an extra £2,400 for each child. According to the charity BritCits, an estimated 47% of people working in the UK do not meet the financial requirement. In *[R (on the application of MM) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin)](http://www.bailii.org/ew/cases/EWHC/Admin/2013/1900.html),* Immigration Judge* *Blake J carefully considered the UK’s immigration rules requiring a minimum income of at least £18,600 for spouse visa applications and stated that they could constitute an unjustified and disproportionate interference with the ability of spouses to live together. He suggested that an appropriate figure may be around £13,400 and highlighted the position of young people and low wage earners caught by the higher figure in the rules. Unfortunately, as we [reported](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/uk-immigration-case-mm-v-secretary-state-home-department/) earlier this month the [verdict ](http://www.freemovement.org.uk/wp-content/uploads/2014/07/MM-etc-v-SSHD-APPROVED.pdf)was released on 11 July 2014, which the Court of Appeal stated that the Home Office are justified in refusing applications in which the Applicants’ do not meet the financial maintenance requirement as specified under Appendix FM required. ## Are you affected by the ‘Financial Requirement’? The Home Office has responded to the judgment by publishing a [statement](http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/87-min-income-threshold) and has stated that they have paused decision-making on some spouse/partner and child settlement visa and leave to remain applications to enable them to consider the implications of the judgment. If you would like to discuss how the financial requirement may affect you, please call us today and our London immigration solicitor’s will be able to assist you by meeting with you and reviewing your case. --- # UK Supreme Court Ruling: Illegal Migrants Can Claim Discrimination Source: https://immigrationandvisasolicitors.co.uk/uk-supreme-court-ruling-illegal-migrants-can-claim-discrimination/ *Britain’s most senior court has today, in a [landmark ruling](http://www.telegraph.co.uk/news/uknews/immigration/11000929/Illegal-immigrant-Mary-Hounga-can-claim-discrimination-says-landmark-Supreme-Court-ruling.html), ruled that illegal immigrants are allowed to bring court actions against their employers for discrimination. Following an appeal of a Nigerian national who was trafficked into the UK, the Supreme Court has ruled that illegal immigrants should not be deprived of fundamental worker’s rights. The decision has contradicted an earlier ruling which had said that such a move would appear to “condone the illegality” of someone who had broken the law to come to Britain.* ## Mary Hounga: Facts of the Case The Appellant, Mary Hounga, is a Nigerian national who arrived in the UK in 2007 on a visitor’s visa, when she was aged 14 years old. Miss Hounga, lived and worked for the Respondents’ as a domestic servant without a work permit. The Respondents’ had assisted her to obtain a visa to enter the UK under false pretences, of which the she was fully aware. The Respondents did not pay the Appellant during her period of employment and following her dismissal, she brought several claims in the Employment Tribunal including race discrimination and unfair dismissal. ## Supreme Court’s Decision The Supreme Court heard how Miss Hounga was abused with “violence and threats” and was thrown out in July 2008 by her employers.  She initially partially won her case and was awarded £6,187 in compensation. However, this was later set aside but now a panel of five justices of the Supreme Court led by Baroness Hale, the deputy president, unanimously allowed a further appeal by Miss Hounga. The Supreme Court ruled that there was an “insufficiently close connection” between her immigration offences and her claim for discrimination. ## UK Needs to Honour International Obligations Commenting on the case, Aidan McQuade, director of Anti-Slavery International stated: “The court emphasised that the UK needs to honour its obligations under international law and protect the rights of victims  of trafficking irrespective of their immigration status. If someone is coerced or forced into an illegal employment, they are victims of crime and their rights should be protected.” ## Legal Advice for Illegal Migrants Contacted by Capita in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. If you have received correspondence from Capita, it is advisable that you seek immediate legal advice before enforcement action is taken against you by the Home Office. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Immigration Case: Radha Patel v Secretary of State for the Home Dept Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-radha-naran-patel-v-secretary-state-home/ *This week, a new case from the Administrative Court [Radha Naran Patel v SSHD](http://www.bailii.org/ew/cases/EWHC/Admin/2014/501.html),regarding the unlawful treatment of a detainee at Heathrow airport. Radha, an Indian national claimed unlawful detention between 23 May and 28 May 2011, for the deliberate and malicious ill-treatment when she was interrogated and detained at Heathrow airport. * ## Deputy Judge Anthony Thornton: Applicant was Falsely and Unlawfully Detained Radha, a 34 year [housewife from Gujarat State, India](http://www.asianimage.co.uk/news/11376578.Woman_bullied_and_harassed_by_immigration_officers_awarded___125_000/?ref=var_0), was travelling to the UK to visit her younger sister who emigrated to the country in 2003. She was planning to stay in the UK for three months, with her sister sponsoring her, which included paying for all her travel and living expenses. When Radha arrived at Heathrow airport, she was subjected to unfair conduct and prejudiced assumptions. The Immigration Officer assumed that she came to the UK to work and not visit family, therefore believing that she would stay in the country once her visa expired. Radha, lodged a Judicial Review (JR) against a the Secretary of State for Home Affairs on 16 March 2012. At the hearing she claimed that she was unlawfully detained between 23 and 28 May 2011,  during this detention she was subject to 'malicious and deliberate unlawful conduct', by an Immigration Officer (IO) and a Chief Immigration Officer (CIO). Therefore breaching her rights under Articles 5, 8 & 14 of the European Convention on Human Rights (ECHR). Radha made a series of allegations against the SSHD, which included the following: - Her leave to enter the UK was unlawfully suspended and then unlawfully cancelled; - She was unlawfully refused entry to the UK; - She was temporarily detained pending further investigations; - She was subjected to  a further interview; - She was unlawfully detained pending her removal; - She was interviewed in Hindi,  a language that she is not familiar with; - Detained without explanation; and - No decision being served upon her. Deputy Judge Anthony Thornton at London's High Court, said that he believes when Radha was interviewed at the airport there was an attempt to 'bully, frighten and cajole her', to making statements that were not her truth. > "The total effect of these actions and omissions was to greatly interfere with her family visit, cause her to be falsely and unlawfully detained, humiliate, bully and harass her, cause her considerable stress and anxiety over a 10-month period, further harass her by using unlawful means to involve her in three different sets of legal proceedings, greatly to interfere with her family life with her parents and siblings in the UK and with her husband and two children in Gujarat and prevent her returning to her family against her will for a period of five months after the conclusion of the planned period of her family visit." ## Radha Awarded £125,000 for Damages & Breach of Human Rights Act Deputy Judge Anthony Thornton, noted that although the period of detention was reasonably short it does not excuse the nature of the breaches and unlawful acts against the applicant. Describing those involved in the interrogating and detaining as 'callous and deliberate behavior'. > "It is to be deeply regretted that this behaviour was meted out to a wholly blameless family visitor who was an adult, female, vulnerable lone traveller whose sole purpose in entering the UK was to pay an extended family visit to her parents and other close members of her family who were permanently resident in the UK and three of whom were British nationals who she had not previously visited in the UK. For her, it was intended to be a family visit of a lifetime that turned into a nightmare of unimagined proportions. That nightmare was only rescued and bought to an end by her courage and determination and that of her family members with the assistance of the professional expertise of her Counsel and legal representative." Radha, was awarded £110,000 in general and aggravated damages, as well as breach of the Human Rights Act. She was also awarded a further £15,000 in exemplary damages. The judge has given the Home the right to appeal this decision. ## Successful UK Visa Applications & Appeals for Migrants If you wish to come to the UK to visit, study, work or settle, our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Report: Consequences of Large-scale Migration Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-report-consequences-of-large-scale-immigration/ *Today, Civitas published a report on the [economic and demographic consequences](http://www.civitas.org.uk/pdf/LargescaleImmigration)  large-scale immigration has on the UK. Civitas is a community of researchers and supporters discovering what strengthens democracy. The report examines the consequences and potential consequences immigration has had and will have on the UK. It predicts the negative implications immigration can have on national identity and democratic governance, as well as the benefits such as a more varied cuisine, exposure to new ideas and a less parochial world-view amongst the native population. * ## An overview of recent UK Migration In the last 20 years, migrants amongst the UK population has rapidly grown. For instance, in 1991 4.9 million residents in the UK were born abroad. By the year 2012, migration had risen to 7.7 million, 4.3 million of these were working in the UK. Every year millions of people are recorded as leaving and entering the UK. The majority of those entering the UK are tourists or other short-term visitors. Some are long-term migrants, which is defined as  ‘someone who changes his or her country of usual residence for a period of at least a year, so that the country of destination effectively becomes the country of usual residence’. - Between the years 1991-2012, 10.1 million long-term migrants entered the UK and during the same period 7 million migrants left the UK; - During this period there was a net flow of 1.5 million UK born nationals leaving the country; - There is an inconsistency between the inflows and outflows of migrants from New Commonwealth countries. Mainly in countries in South Asia and Africa; Economic factors are the main driving force behind these various flows. It has been widely reported that immigration increased sharply when Labour came to power in 1997 and relaxed immigration controls. ## Migrants found to be better Educated & more Employable The report found that migrants on average are better educated than UK born natives. The high level of their education is reflected in their occupation. It found that 32% of migrants working in the UK are employed in  a managerial or higher professional occupation. In contrast a large number of migrants are working in low skilled jobs. However, it was revealed that the majority of migrants in low skilled work are overqualified for their position. With 33% of them are in elementary occupations and a further 25 per cent in personal service, sales and processing. In October-December 2013 British nationals working in the UK was at 72%. Employment rates varied amongst the migration population. For migrants as a whole, 69.3% are working in the UK. Employment rates for migrants from particular countries were as follows: - 85.9% New Zealand & Australia; - 82.5% South Africa; - 77.9% EU; - 72.0% India; and - 48.9% Pakistan & Bangladesh. Migration has been found to be beneficial to the UK economy. Entrepreneurial and highly educated migrants bring valuable skills and establish links between the UK and their countries of origin. Many immigrants have a [strong work ethic](http://metro.co.uk/2013/04/08/boris-johnson-blames-lazy-brits-for-losing-out-on-jobs-to-hard-working-immigrants-3587183/) and have high aspirations for their children. Between the first quarter of 2008 and the first quarter of 2010, the number of UK natives in employment fell by over 700,000.  During the same period, the number of foreign-born workers in employment remained virtually constant.  The number of UK natives with a job in early 2014 was still below its 2005 peak. In contrast, the number of foreign born workers in the UK has increased by 1.5 million. The report does state that this not prove that migrants displacing UK natives when it come to employment. But do suggest that there is a case to answer. ## Successful UK Points Based Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1, Tier 2, Tier 4 or Tier 5 application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a points based visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # NIESR Report: Reducing Migration will Damage UK Economy Source: https://immigrationandvisasolicitors.co.uk/niesr-report-reducing-migration-will-damage-uk-economy/ *Today, [National Institute of Economic and Social Research (NIESR)](http://www.ibtimes.co.uk/niesr-david-camerons-immigration-cuts-will-hurt-uk-economy-household-incomes-1459659) has revealed that David Cameron's plans to reduce migration will cause serious damage to the UK economy. According to the independent think tank, the Conservative's plans to reduce migration to the "tens of thousands" would cause the UK economy to sharply decrease, wages would be reduced - leading to higher income taxes. * ## Immigration Restrictions will slow UK Economy & Increase Taxes David Cameron has said that he will [reduce net migration](http://www.theguardian.com/uk-news/2014/aug/04/reducing-immigration-slow-uk-economy-tax-rises) as he believes that is what UK voters want. This has caused major concern as the UK is part of the European Union, which  allows free movement of labour across the 28 member states,  it seems that Cameron's only option to fulfill this pledge would be to reduce non-EU migration. According to the research conducted by NIESR, by 2060 the UK Gross Domestic Product (GDP) would be 11% lower. The think tank stated: > "Achieving [the Conservative] target would require reducing recent net migration numbers by a factor of about two ... The results show that such a significant reduction in net migration has strong negative effects on the economy. By 2060 the levels of both GDP and GDP per person fall by 11% and 2.7% respectively. Moreover, this policy has a significant impact on public finances. To keep the government budget balanced, the effective labour income tax rate has to be increased by 2.2 percentage points in the lower migration scenario." Katerina Lisenkova and Marcel Mérette of the NIESR, and Miguel Sánchez-Martínez of the University of Ottowa, studied the potential impact if Cameron's target to reduce migration will have on the UK economy. They found the following: -  By 2060 GDP per person will be 2.7% lower than otherwise. This is due migrants being 'net fiscal contributors' - meaning they pay more in tax than they take out in benefits; - Due to the UK's ageing population public spending as a portion of GDP would rise by 1.4% without the tax contributions of working migrants; - Potentially leading to higher taxes on earnings to pay for social care of the elderly; and - household finances would suffer as net wages were 3.3% lower with the migration curbs than they would have been in 2060 because of the higher taxation. ## Dr Carlos Vargas-Silva: Decline in the Number of Recent Migrant Workers in the UK According to * Migration Observatory at the University of Oxford*, there has been a decline of 28% in the number of non-EEA highly skilled Recent Migrant Workers (RMW) in the UK since 2007. However, there has been a 53% rise within the EEA, with skilled migrants coming from countries such as France, Germany and Spain. The number of non-EEA highly skilled RMW have shown to be the most effected by the Government’s policy to decrease to tens of thousands. The figures show highly skilled migration decreased by 30%, from 155,000 in 2007 to 109,000 in 2010. This number decreased by a further 39% in 2013 to 94,000, in comparison to 2007. [Dr Carlos Vargas-Silva](http://www.migrationobservatory.ox.ac.uk/about/people/dr-carlos-vargas-silva/), co-author of the report said: > “There has been a significant decline in the number of recent migrant workers in the UK who have the highest levels of education and who are in top occupations since 2007, but this decline is driven by a decrease in non-EEA migration. Since 2011 the number of these recent migrant workers who are from EEA countries has increased. Policy makers need to look at whether this has been caused by a “balloon effect” where policies designed to squeeze one sort of migration lead to another sort increasing in size.” ## Are you a Highly Skilled Migrant looking to Work in the UK? Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1, Tier 2, Tier 4 or Tier 5 application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a points based visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Government Announces New Tough Measures Source: https://immigrationandvisasolicitors.co.uk/new-immigration-restrictions-tackling-immigration-abuses/ *[Last week](https://www.maidenhead-advertiser.co.uk/news/25810/David-Cameron-and-Theresa-May-visit.html), Prime Minister David Cameron and Home Secretary Theresa met immigration officers and attended an immigration raid in Slough as part of a announcement of 'a new crackdown on immigration abuses'.  The pair announced a number of measures being imposed on Universities and colleges who sponsor international students to study in the UK. There are also plans to halve the period of time European migrants can claim jobseekers allowance and other key benefits for a maximum of three months.* ## Theresa May: Legislation that will make Britain a Less Attractive Place for those who come here for the Wrong Reasons [From November](https://www.gov.uk/government/news/new-immigration-measures-announced?), tougher measures are being placed on Universities and colleges across the UK, who sponsor international students to study in the country. Currently, higher educational institutions can maintain a Student Sponsorship Licence if the Home Office finds 20% or less student applications to be invalid. In November this figure will be cut to 10%, meaning if more that one in ten application are being refused Universities and colleges will lose their licences to bring in international students. Theresa May explained the further measures being taken to crackdown on immigration abuses: > "We are building an immigration system that is fair to British citizens and legitimate migrants, but tough on those who abuse it or flout the law. The Immigration Act is a landmark piece of legislation that will make Britain a less attractive place for those who come here for the wrong reasons, and will allow us to remove more people when they have no right to remain. We will always act when we see abuse of our immigration system. And that is why we are tightening the rules to cut out abuse in the student visa system. These reforms are helping to deliver what we have always promised — to build an immigration system that truly works in the national interest." ## European Union Official: No Evidence that Migrants come to the UK to Claim Benefits As part of the new restrictions, [David Cameron ](http://www.bbc.co.uk/news/uk-politics-28537663)announced plans to halve the period of time European migrants can claim jobseekers allowance and other key benefits for a maximum of three months. This is in order to attract migrants to the UK for the right reasons, it is also a warning to those who are in the UK illegally. Despite the reluctance to explain the effect the benefits curb will have, Ministers have claimed that up to £500 million will be saved over the next 5 years. According to the Department for Work and Pensions, the number of EU migrants claiming Jobseekers Allowance (JSA) from outside the UK at the time when they applied for their National Insurance card is 5.8%. EU officials have retaliated by saying there is no evidence to show that migrants come to the UK to claim benefits. Jonathan Todd, a spokesman for the European Commission commented on the Prime Ministers announcement: > "(Migrant workers are) of immense economic benefit to the member states in terms, in particular of responding to skills gaps and labour shortages." ## Successful UK Points Based Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1, Tier 2, Tier 4 or Tier 5 application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a points based visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # University of Bedford Resumes Tier 4 Sponsorship Licence Source: https://immigrationandvisasolicitors.co.uk/university-bedford-resumes-tier-4-sponsorship-licence/ *This week, the [University of Bedford](https://web.archive.org/web/20140809003914/http://www.mkweb.co.uk/Education/University-of-Bedfordshire-allowed-to-recruit-international-students-again-20140805220000.htm) has resumed recruiting international students after the Home Office made the decision to stop the University from issuing CAS letters on 24 June 2014. This comes after the UK Visas and Immigration (UKVI) conducted a detailed investigation after allegations came to light that migrants were taking [fraudulent measures](http://www.theguardian.com/uk-news/2014/jun/24/english-language-tests-cheating-results-invalid-overseas-students) to obtain English language certificates. An estimated 50,000 international students have been found guilty of obtaining English language dishonestly and as a result the Home Office has suspended student sponsorship licences of three Universities in the UK. * ## University Vice Chancellor: We take our Immigration Compliance Responsibilities Extremely Seriously The Minister for Immigration and Security James Brokenshire presented a [statement](https://www.gov.uk/government/speeches/statement-on-abuse-of-student-visas--2) to Parliament on the abuse of student visas. This led to the UKVI investigating Universities and private colleges across the UK to ensure they were complying with the Immigration rules of obtaining and maintaining Tier 4 Sponsorship licences. Despite the Home Office putting a pause on the University of Bedford's ability to issue Confirmation of Acceptance fro Studies (CAS) letters to international students, their licence was not suspended. Their current international students were also not affected in any way by the short pause. Ecstatic at the outcome of the UKVI investigation, Bill Rammell, the University's Vice Chancellor, said:  > "I was always confident that our procedures for monitoring international students were robust, and I’m pleased that UKVI’s thorough and detailed audit has confirmed this. We take our immigration compliance responsibilities extremely seriously. We cooperated with UKVI throughout the audit and I’m delighted that, following this decision, we can now resume issuing CAS letters to new international students. We recruit large numbers of international students because of our excellent student experience and graduate employability success. We can now provide more opportunities such as this.” Rammell, also added that 92% of students at the University find employment after their studies or go on to further education after they have graduated. ## Tier 4 Sponsor's Responsibilities & Affect on Tier 4 Students A Tier 4 sponsor licence should be obtained by educational institutions if they want to enrol students from outside the European Economic Area (EEA). A sponsor licence is valid for four years unless revoked by the Home Office or the institution surrenders it before it expires. The four years runs from the date the licence is granted. To continue sponsoring students, the licence must be renewed after four years. If the licence is not renewed it will expire. If the license expires the educational institution will no longer be listed on the register of sponsors nor will it be allowed to continue sponsoring existing students or recruit new students. All education providers should take their obligations on immigration compliance seriously. If the institutions Tier 4 Sponsorship licence is withdrawn  all CASes or visa letters issued by it will become invalid and all outstanding visa applications will be refused. If students have already been issued visas but not yet traveled to the UK, they will not be allowed to enter the UK to start the courses. International students who are in the UK at the time their institutions licence is revoked they will have a limited period of time to apply to study at another educational institution or leave the UK. ## Legal Advice for Tier 4 Education Providers & Tier 4 Students It is imperative that Tier 4 Sponsors comply with their sponsor duties as failure to do so will lead to the Home Office revoking your sponsorship licence, suspend your licence pending further investigation or reduce the number of CAS you are allowed to assign. If the Home Office has issued you with any of the above penalties, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with expert legal advice on how to proceed. --- # Home Office Announces the ‘Right to Rent Check’ for UK Landlords Source: https://immigrationandvisasolicitors.co.uk/home-office-announces-right-rent-check-uk-landlords/ *The Home Office has announced that from October 2014  landlords of private residential property will need to check that tenants have a right to rent in the UK before letting a property to them. They will have to follow 'the right to rent check', which consists of obtaining documents from potential tenants such as passport or a Biometric Residence Permit.  Immigration checks will not apply to existing tenants. This is another measure from the Home Office to tackle illegal immigration in the UK. * ## Mark Harper: We are not asking Landlords to become Immigration Experts Former Immigration Minister, Mark Harper stated earlier this year that checks on new tenants are important to ensure that they are entitled to be in the UK. Landlords and agents who fail to make the required checks will be subject to a civil penalty. The Government will publish a draft code of practice for Landlords to ensure that they are complying with the requirements. The code of practice will also include the civil penalty regime. The Government has insisted that this guidance is not catch out 'well-intentioned landlords for small mistakes', but for landlords who knowingly break the rules and provide accommodation to illegal migrants. Mark Harper compared the checks that landlords are expected to make as the same as UK employers are making: > "We are not asking landlords to become immigration experts.  The new regime simply mirrors the existing checks employers are obliged to make which have successfully targeted those employing immigration offenders without a disproportionate burden." Initially, the requirements that landlords have to meet will apply in just one area of the UK. The government will announce that area in September 2014. As well as: - The guidance and a full list of documents that prove a right to rent; - Online assitance to help landlords and tenants comply with Immigration Rules; - A local rate telephone helpline; and - A checking service for more complex cases. ## Statistics: 43% of Landlords not Confident in making Immigration Checks Research conducted by the [Online Letting Agents](http://web.archive.org/web/20160403160545/http://www.propertywire.com/news/europe/uk-landlords-immigration-rules-201407249394.html) found that 8 out 10 landlords in the UK feel that the Immigration legislation places too much responsibility on them. Approximately 43% of landlords are not confident that they will comply will the legislation, while 30% are said to be optimistic about the new checks. Eleanor Carroll, director of the Online Letting Agents explained the burden of the new legislation and the importance of the Home Office helping landlords who are not used to doing immigration checks to understand.  To ensure they are complying with the legislation: > "The new legislation will be a big burden on both letting agents and landlords and there is no way around it. The industry needs to take these changes seriously as landlords and agents will face heavy fines if they fall foul of the law. ‘Landlords and agents will need all the help they can get to integrate the new checks and validations into their overall tenant application process. Not surprisingly, there are a number of companies now offering immigration checking services." ## Legal Advice for Illegal Migrants/Overstayers in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. If you have received correspondence from Capita, it is advisable that you seek immediate legal advice before enforcement action is taken against you by the Home Office. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Immigration: British National hits out at Spouse Visa Application Refusal Source: https://immigrationandvisasolicitors.co.uk/spouse-visa-application-refused-for-submitting-wrong-english-language-certificate/ *[Today,](http://www.deadlinenews.co.uk/2014/08/06/oil-workers-visa-nightmare-leaves-family-torn/) it has been reported that a British oil worker and his family have been torn apart by the Immigration rules, after the Home Office refused his wife's Spouse visa application. Eliene, a Brazilian national is married to Alex Chatwin with two daughters. Eliene, *submitted an application to the Home Office for a spouse visa which was subsequently refused. The application was refused on the basis that an incorrectly dated payslip along with incorrect documentary evidence showing Eliene met the English language requirement was submitted. The married couple have been left devastated after the news. Alex Chatwin, who is currently working and living in Scotland, has reportedly spent £15,000 fighting to bring his family home from Brazil. ## Alex Chatwin: Ours is not a Marriage of Convenience — we've had two Children together and my wife's English is good [Alex and Brazilian born  ](http://www.heraldscotland.com/news/home-news/oil-man-ashamed-of-uk-over-visa-ruling.24963199)[Eliene Sady Barbosa](http://www.heraldscotland.com/news/home-news/oil-man-ashamed-of-uk-over-visa-ruling.24963199), married in 2008 at Aberdeen Registrar's. The couple had their first child one year later at the Aberdeen maternity hospital. They moved to Brazil for Alex's job and had their second child in Rio de Janeiro in 2012. Both children are British passport holders.  The family of four returned to the UK last year in August 2013 and Eilene tried to get a visa, but the Home rejected her application. The family made the heartbreaking decision to separate, so that Eilene could go back to Brazil and apply for an Entry Clearance Spousal application. This application was also refused. Alex expressed his disappointment in the Home Office's decision: > "We've been caught in a bureaucratic nightmare by trying to do the right thing. Ours is not a marriage of convenience — we've had two children together and my wife's English is good because she's lived here on and off since 1999. I've done my bit as a legal, taxpaying British ­citizen by applying for a visa for my wife, but I'm being penalised for the international nature of my oil and gas work. I'm very ashamed to be British. How do we end up with a system that treats people like this? It's unimaginable." One of the requirements to be met for a Spousal visa, is passing a Home Office approved English language test. Eliene submitted an [ESOL Skills for Life Entry 3 certificate](https://www.pressandjournal.co.uk/fp/news/aberdeenshire/305227/oil-worker-ashamed-to-be-british-after-visa-debacle/), this is a qualification which grants an indefinite leave to remain visa. But the qualification does not apply for Spousal visas. Ironically, London Bridge Language school, a school accredited in ESOL qualifications stated that Eliene's English language skills is “above the requirements for spouse visas”. The couple's ongoing battle with the Home Office has cost more than £15,000. This is due to application fees, flights and accommodation for his wife and two daughters, child healthcare in Brazil and calls to a £1.37 per minute helpline, which has revolved around Eliene's ability to speak English. ## UK Visa Applicants: Meeting the English Language Requirement Currently, an applicant can meet the Home Office's English language requirement in one of the following ways: - By passing an acceptable test at a minimum level A1 of the Common European Framework of Reference for Languages (CEFR) with an approved provider, or - By being a national of a majority English speaking country, or - By having an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelors/Master’s degree or PHD in the UK which was taught in English. The UKBA provides an exemption for those aged 65 or over, those who have a mental or physical disability or those who have exceptional circumstances which prevent them from meeting the requirement. ## Are you affected by the Home Office's ‘English Language Requirement’? Our team of experienced and professionally qualified immigration solicitors and barristers will be able to go through the English language requirement with you. As well as, the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Improvements to UK Visa System in China Announced Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-update-super-priority-visa-service-mobile-biometrics-uk-schengen-visas/ *[Last month,](https://www.gov.uk/government/news/immigration-minister-announces-new-improvements-to-the-visa-system-in-china?) the Home Office announced a number of new and improved visa services in China, including a 24-hour **"super-priority" visa service, the expansion of mobile biometrics, and a new service enabling customers to apply for the British and Schengen visas at the same time. Minister for Immigration, James Brokenshire travelled to Beijing last month to promote the UK's visa service to key tourism and business partners. News reports have highlighted how China has become the UK's largest visa market and demand for visas has increased by 40% in the last year.* ## James Brokenshire: China is UK’s Largest Visa Market The mobile biometric service, has proven to be successful in Shanghai and Beijing after gaining praise from customers using the service. The service will now be available at all 12 regions served by the Home Office's visa application centres. [On 28 July 2014](http://www.ecns.cn/2014/07-30/126912.shtml), whilst in Beijing, James Brokenshire also announced the introduction a 24-hour service in Beijing, Shanghai, and Guangzhou. This service which starts today will be available to all business visitors, family visitors and general visitors. James Brokenshire, stated the reasoning for wanting to improve visa services in China: > "China is the UK’s largest visa market and the number of business travellers and tourists we welcome continues to grow - demand for visitor visas increased by 40% in the last year alone. We already offer an excellent visa service in China and through the 24 hour visa service and the expansion of mobile biometrics, business visitors will be able to apply for their visas more quickly and easily. We want to make sure that we offer our Chinese customers a world class service and we will continue to make improvements so that our visa system is as efficient as possible, while at the same time protecting British borders." [Another recent improvement](https://web.archive.org/web/20220120203746/https://www.expatbriefing.com/expat-news/UK-Improves-Visa-Processing-In-China-65493.html) made by the Home Office will allow Chinese visitors to apply for visas for Britain and Europe’s 26-country Schengen Area through a single application process. Changing the original process for Chinese visitors to  the European Union who have to submit separate visa applications for the UK. ## Chinese Tourism Rise due to simplification of the Visa Application Process [The Telegraph](http://www.telegraph.co.uk/finance/china-business/10801908/Chinese-tourists-to-spend-1bn-in-UK-by-2017.html) campaigned for ten months to simplify the visa rules for Chinese visitors. The previous scheme, required Chinese tourists to to have their fingerprints taken, pay higher fees and going through a lengthy application process. According to the head of retail and wholesale at Barclays, Richard Lowe, it is the cultural heritage throughout the UK that is attractive to Chinese visitors. Earlier this year, the[ Barclays’ Tourist Dynamics report 2014 ](https://web.archive.org/web/20160324082105/https://www.barclayscorporate.com/insight-and-research/research-and-reports/uk-tourism-dynamics.html)was published. According to the report, tourists will spend over £27 billion in the UK in 2017, an increase of 34% on 2013. The report found that in particular Chinese tourism in the UK is expected to grow by 84%, with visitors spending up to £1bn a year in the UK by 2017. The UK is expected to see a strong growth in Chinese tourism spending thanks to the simplification of the visa application process. Richard Lowe commented: > “As George Osborne said, there should be no limit to the number of Chinese tourists who can visit. There’s a number of plans being put in place to allow that to happen and it’s important that those are followed through and as many Chinese visas who want visas do get them and can come and support the UK economy” By 2017, China’s tourists (1.01bn) will be fifth on the list of countries that spend the most in the UK, behind the US (£2.92bn), France (1.79bn), Germany (1.66bn) and Australia (1.35bn). ## Successful UK Visa Applications for Chinese Visitors & Businessmen Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making visa applications to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Case: Genuineness test for Tier 1 Entrepreneurs & New Evidence Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-genuineness-test-for-tier-1-entrepreneurs-new-evidence/ *Today, a new immigration case from the Upper Tribunal [Ahmed and Another (PBS: admissible evidence) [2014] UKUT 365 (IAC)](http://www.bailii.org/uk/cases/UKAITUR/2014/%5B2014%5D_UKUT_365_iac.html), regarding the Genuine Entrepreneur Test and the strict immigration procedures of submitting new evidence on an appeal.* ## Facts of the Case The two Appellants, Furqan Ahmed a Pakistani national and Bachan Subedi a Nepali national, both entered the UK as students. Whilst in the UK they were both granted leave as Post-Study migrants. At the beginning of 2013, they made a Tier 1 Entrepreneur application with the intention of starting a business together supplying IT services to various other firms. In April 2013, the Appellants were interviewed as part of their application process and the Secretary of State for the Home Departments (SSHD) was prepared to accept further documents.  On 9 July 2013 the applications were refused for the following reasons: - In the “Non-Point Scoring Reasons for Refusal” section, this involves the decision-maker looking at all the material available to her that she considered related to the genuineness of the appellants’ proposals. After going through the documentation, the Secretary of State was not satisfied that the applicants were genuine entrepreneurs; - The second part of the assessment titled “Points Scoring”, the appellants were not awarded points for Access to Funds, Funds held in Regulated Financial Institutions, and Funds Disposable in the United Kingdom; - They were awarded points for English language and maintenance. According to paragraph 245DD(k) of the Statement of Changes in the Immigration Rules, HC 395 (as amended) is the following: > “If the Secretary of State is not satisfied with the genuineness of the application in relation to a points scoring requirement in Appendix A those points will not be awarded.” The Appellants appealed the SSHD decision to the First-Tier Tribunal heard on 9 January 2014. Both Appellants gave evidence at the hearing and provided a number of documents which led Judge Jessica Pacey to view the business proposals as genuine, therefore granting their appeal.  The SSHD applied for and obtained permission to appeal this decision. On the basis that the immigration Judge took into account material other than that which was before the decision-maker. When a point based application is made and refused, 'the assessment by the Judge is to be of the material that was before the decision-maker rather than a new consideration of new material.' ## Upper Tribunal, Judge Mr C M G Ockelton: The Judge erred in law in reaching her conclusion Upper Tribunal, Judge Mr C M G Ockelton concluded that he would grant the Appellants wish to with draw their appeal, in order to make a fresh application. Therefore, leaving the Secretary of States refusal unchallenged: >  "For those reasons we are satisfied that the Secretary of State’s grounds of appeal are made out. The Judge erred in law in reaching her conclusion. It is impossible to say what conclusion she would have reached if she had not taken into account the evidence which she was not entitled to hear. We set aside her determination. The position then is that we are required to substitute a decision or remit the case to the First-tier Tribunal for a decision to be made. However, Mr Asme has told us after taking instructions that at that point the appellants would wish to withdraw their appeal against the Secretary of State’s decision and make a new application supported by the documents which are now available to them, no doubt during the course of the business which they have been seeking to run ever since they set it up at the end of 2012. We will accept that withdrawal. The result is that the First-tier Tribunal Judge’s judgement having been set aside, the decision of the Secretary of State is now unchallenged and stands as a refusal of the applications made at beginning of 2013." ## Successful Tier 1 Entrepreneur Visa Applications & Appeals Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Entrepreneur visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: ONS Statistics Show Rise in Romanian & Bulgarian Migration Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-ons-statistics-show-rise-romanian-bulgarian-migration/ *This morning, the [Office for National Statistics (ONS)](http://www.theguardian.com/uk-news/2014/aug/13/romanians-bulgarians-working-uk-eu?) released figures which showed that the number of Romanians and Bulgarians working in the UK rose by 8% in the second quarter of this year. ONS’s statistics show that despite restrictions being lifted on Romanian and Bulgarian nationals, the number in the workforce initially fell by 3,000 in the first quarter of the year to 122,000. Analysts say the figures prove that “scaremongering” Ukip overestimated its projections by nearly 20 times.* ## ONS Statistics: What they Show The new ONS figures showed that there were 153,000 Romanians and Bulgarians working in the UK in the second quarter of this year, up 13,000 or just over 9% year on year. It seems that compared with the same period in 2012, the total was up 47% and 59% on the figure for April to June 2011, when there were just over 96,000 here. Sir Andrew Green, chairman of Migration Watch UK, stated: ‘Once dependants are factored in it is likely that the increase in population over the whole year 2014 will be between 30,000 and 70,000 as we predicted. Our central estimate of 50,000 remains a very likely outcome.’ ## Rise ‘Nowhere Near’ Scale Predicted by Ukip Following the release of these findings, Atul Hatwal, director of the Migration Matters Trust [stated](http://www.huffingtonpost.co.uk/2014/08/13/romania-bulgaria-ukip-nigel-farage-immigration_n_5674616.html?): > “Today's figures expose the scale of scaremongering by Nigel Farage and Ukip over Romanian and Bulgarian migration. > > > Farage predicted there would be 5,000 a week arriving for several years. Today’s government statistics show that in the first 6 months of the year, the total rise in the numbers of Romanian and Bulgarian nationals was just 7,000. By the end of June, according to Ukip’s forecast on Romanian and Bulgarian migration, the number should have been 130,000 – an over estimate of almost twenty times." ## Successfully applying for an Work Permit & Accession Worker Card UK employers wishing to hire Bulgarian and Romanian nationals must currently apply for a work permit. If this is approved, nationals from these countries must apply for an accession worker card.  Bulgarian and Romanian nationals and their family members who are considering moving to the UK, should seek legal advice from expert UK Immigration Lawyers regulated by the Solicitors Regulation Authority to ensure that they know their options and how they can proceed to the next steps. Feel free to [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of visiting or settling in the UK. --- # Immigration Act 2014: Reforms to Obtaining British Citizenship Source: https://immigrationandvisasolicitors.co.uk/immigration-act-2014-reforms-to-obtaining-british-citizenship/ *In May 2014, the Immigration Bill received Royal Assent allowing a series of reforms to ensure the UK Immigration System is fairer to British citizens and legitimate migrants and tougher on illegal migrants. One **the reforms, was a proposal from [Lord Avebury](https://web.archive.org/web/20171119195821/http://www.parliament.uk:80/biographies/lords/lord-avebury/1665)'s who suggested allowing anyone born before 1983 and whose parents were unmarried at the time of birth to be able to register as a British citizen. Here we will discuss the previous legislation and the amendments to the Immigration Act.* ## Old Law Acquiring British Citizenship Previously, children born outside the UK to British fathers who are not married to their non-British mothers have not been able to inherit their father’s British citizenship.  Since 1983, this also applies to those born in the UK to such fathers and to a mother who was not British nor settled in the UK. Only the child's father could pass on a right of citizenship to his child, provided he was married to the child's mother. Before 1983, a child born in the UK was automatically born a British citizen. The Home Office amended regulations section 9 of the Nationality, [Immigration and Asylum Act 2002, inserting section 4C into the British Nationality Act 1981](http://www.legislation.gov.uk/ukpga/2002/41). This allowed women to confer their British citizenship to their children who were born out side the UK. This regulation came into force on 1 July 2006 and applied only if: - The father was named on the birth certificate and as long as the birth certificate was issued within one year of the child's birth; or - The father could provide evidence to the Home Secretary that he is the biological father of the child. Such as taking a DNA test or providing other relevant evidence. This proved to be a disadvantage for those born before 1 January 1983 and whose parents were not married at the time of their birth. Considering there was very limited avenues to obtaining British citizenship. ## New Law Acquiring British Citizenship When the new Immigration Act 2014 was going through its readings at Parliament, Lord Avebury proposed an amendment to the legislation. His proposal was to allow anyone born before 1983 and whose parents were not married to have the right to register as a British citizen. The UK Government accepted the proposal and the Act received [Royal Assent in May 2014](https://www.gov.uk/government/news/immigration-bill-becomes-law). [Under section 65 of the Immigration Act 2014](http://www.legislation.gov.uk/ukpga/2014/22/section/65/enacted), any person born outside of the UK before the 1 January 1983 to a British person or a person settled in the UK, will have the ability to register as a British citizen. This will be regardless whether their parents are married or not. ## Successful UK Naturalisation/British Citizenship Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a naturalisation/British citizenship application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Case Study: Tier 1 Entrepreneur Visa Success Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-study-tier-1-entrepreneur-visa-success-2/ *Our Immigration Team were recently instructed to represent a client, who wanted to extend her stay in the UK as a Tier 1 Entrepreneur migrant. The Applicant had initially obtained entry clearance as a Tier 4 Student and entered the UK in 2009. The Applicant began studying and after the completion of the course, the Applicant applied for and was granted leave to remain as a Tier 1 Post Study Worker in 2011. The Applicant submitted an application for leave to remain as a Tier 1 Entrepreneur migrant on 24 December 2012 by herself, which was subsequently refused. The Applicant appealed the decision and her appeal was subsequently dismissed at the First Tier Tribunal.* Our Immigration Team were instructed to prepare and submit a fresh application in February 2014, as the applicant wanted to run a business in the UK and planned to invest £50,000 in her business. Our Immigration Team prepared and submitted our client’s application with the requisite supporting documents and detailed representations. We have recently been informed by the Home Office that she had been granted leave to remain as a Tier 1 Entrepreneur ## UK Tier 1 Entrepreneur Visa: An Overview If you want to run or set up a business in the UK, you can apply for a Tier 1 Entrepreneur visa. There are a number of eligibility requirements that have to satisfy in order to obtain the visa. For instance you must: - A minimum investment of £200,000; to start the proposed business; or - Have access to £50,000 from a registered capital firm regulated by FSA or a UK entrepreneurial seed funding competition (endorsement from UK TDI) or a UK Government  project for specifically establishing a business; or - Have access to £50,000 and are applying for leave to remain and have, or were, granted leave as a Tier 1 (graduate entrepreneur) migrant, or - Have access to £50,000, are applying for leave to remain, have or were granted leave as a Tier 1 (Post-study work) migrant, were registered with HMRC as either self-employed or a director of a new or existing business no more than 3 months before your application and finally; are engaged in business activity other than the work necessary to administer your business that conforms with the National Qualifications Framework Level 4 and above; - Meet the English language requirements; - Provide evidence that you are able to maintain yourself; and - Be at least 16 years old. ##  Britain needs Migrant Entrepreneurs Earlier this year a report published by Centre for Entrepreneurs and business information experts DueDil, showed that migrant entrepreneurs have set up one in seven UK companies, with people born abroad almost twice as likely to start a business in the UK. The report revealed that 1 in 10 people who are born in the UK start a business at some stage in their lives, whilst the figures for migrants coming to the UK and starting businesses is more than 1 in 6. As a result 14 per cent of all British jobs are created by companies founded by migrant entrepreneurs now living in the UK. According to the report, nearly half a million migrants from 155 countries have settled in the UK and launched businesses. There is significant representations from Ireland, India, the US, Germany and China, as well as African countries. There are 464,527 active UK companies with migrants as founders or co-founders; with a total of 3,194,981 active UK companies (not including sole traders), [migrant entrepreneurs](http://www.forbes.com/sites/davidprosser/2014/08/07/five-small-businesses-that-prove-britain-needs-migrant-entrepreneurs/) are behind 1 in 7 of all UK companies. Luke Johnson (Chairman of Centre for Entrepreneurs) and Damian Kimmelman state the following in the report: > “While popular perceptions of immigration involve migrants arriving in the UK to take jobs and depress wages, migrants actually tend to be highly entrepreneurial. Many want to launch businesses and create jobs. Many come here with specific plans that they can realise in Britain’s business-friendly environment. As we map our economic future, we can no longer afford to ignore such an important source of economic dynamism. The current tone of hostility towards immigration – even within mainstream political debate – could prove damaging for future job creation in the UK, especially in high-growth entrepreneurial sectors. Instead, we should appreciate that migrant entrepreneurs have overcome significant challenges to develop enterprises in the UK. In many respects, the odds have been stacked against them. Yet they still thrive and triumph.” ## Successful Tier 1 Entrepreneur Visa Applications & Appeals Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Entrepreneur visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: Migrants Significant Contribution to the UK Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-migrants-significant-contribution-to-the-uk/ *Earlier [this month](http://www.cityam.com/1406884336/cut-unemployment-benefits-immigrants-dont-cut-immigration), Prime Minister David Cameron announced that he planned to halve the period of time European migrants can claim jobseekers allowance and other key benefits for a maximum of three months. There is much debate as to whether there is enough focus on the significant contribution migrants bring to the UK. Multiple reports published have revealed statistics of migrants coming to the UK to work and help economic growth. We have done [multiple articles](https://immigrationandvisasolicitors.co.uk/news/page/5/) showing this.* ## NHS Reliance on Foreign Nationals & UK Employers believe they Work Harder Migrants have proven to make a significant contribution to the UK economy in multiple areas of the work sector. For instance, statistics released from the Health and Social Care Information Centre (HSCIC) revealed that more than 1 in 10 workers are from overseas, including 25% of doctors and 11% of nurses. * *[Figures obtained by The Guardian](http://www.theguardian.com/society/2014/jan/26/nhs-foreign-nationals-immigration-health-service) show that the NHS employs staff from more than 200 different countries, including Azerbaijan, Zambia, Indonesia, Poland, and American Samoa, according to official figures. The biggest supplier of employees is India with 18,424, followed by the Philippines with 12,744, then Ireland with 12,613 and Poland with 5,507. These figures have led the [British Medical Association (BMA)](https://web.archive.org/web/20200114063203/https://www.bma.org.uk/) to observe that without the contribution of non-British staff, “many NHS services would struggle to provide effective care to their patients”. A spokeswoman for the British Medical Association stated: > “Overseas doctors have for many years made a valuable and important contribution to the NHS, especially in key services where there has been a historic shortage of UK-trained doctors. For many years the NHS actively encouraged overseas doctors to move to the UK, many of whom committed to a life here and have since become British citizens.” It not only the NHS that feels the benefits from migrants. Recent [research](http://www.telegraph.co.uk/news/uknews/immigration/10426473/Why-hire-foreigners-They-just-work-harder.html) by the National Institute for Economic and Social Research (NIESR) has revealed that UK businesses prefer to recruit international workers as they already have the skills needed to contribute to their businesses. According to one of the researchers, employing outside the UK  has allowed UK employers to fill skilled and specialist roles and enabled some organisations to expand.  ## Migrants help fill gaps that UK Natives are unable to fill The changes in the patterns of migration in the UK over the last 20 years has been heavily down to the changes to UK immigration policies. Other domestic policies play a part too. These include education and training policy. UK born employees in high skilled work has increased by 2 million, in comparison to the 1.1 million decline in UK born employment in low skilled work. Migrant employment increased by 1.1 million in low skilled work and increased by 1.3 million in high skilled work. As part of the new restrictions, [David Cameron ](http://www.bbc.co.uk/news/uk-politics-28537663)announced plans to halve the period of time European migrants can claim jobseekers allowance and other key benefits for a maximum of three months. This is in order to attract migrants to the UK for the right reasons, it is also a warning to those who are in the UK illegally. According to the Department for Work and Pensions, the number of EU migrants claiming Jobseekers Allowance (JSA) from outside the UK at the time when they applied for their National Insurance card is 5.8%. EU officials have retaliated by saying there is no evidence to show that migrants come to the UK to claim benefits. ## Successful UK Tier 2 & Tier 4 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making visa applications to the UK step by step and limit the possibility of failure by complying with the strict letter of law. If you are planning on visiting the UK or migrating to the UK and wish to know how the government’s plans affect you, please contact us so that we can provide you with comprehensive legal advice. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Doubts Cast over David Cameron’s “Immigrants taking Jobs” Claim Source: https://immigrationandvisasolicitors.co.uk/uk-prime-minister-new-jobs-taken-british-nationals/ *This afternoon, Andrew Dilnot, the head of the UK Statistics Authority challenged Prime Minister David Cameron's claim that the Government's immigration policy had decreased the trend of migrants taking the majority of job roles from British nationals. Andrew Dilnot, dismissed claims made by the Tory Prime Minister that jobs were increasingly being taken by UK nationals rather than immigrants. **This comes after criticism that the UK's current immigration policies discriminate against Australians who wish to live and work in the UK. * ## REC Chief Executive: Cameron's Comments Unhelpful Writing a column in the Daily Telegraph, David Cameron claimed that UK natives were filling the majority of job positions created in the last 12 months. > "Progress is being made: while most new jobs used to go to foreign workers, in the past year more than three-quarters have gone to British workers." UK Statistics Authority chair Andrew Dilnot slammed the claim, stating that no such statistic exists.  > "The official statistics provide estimates of net change in the number of people in employment. This is not the same as the number of people who move into employment," he said. "From the available official statistics, it is, therefore, not possible to estimate the number of new jobs, nor the number of new jobs that are filled by UK nationals, nor the number of new jobs that are filled by non-UK nationals." Dilnot was not the only one that was unhappy with Cameron's claim. Chief Executive of Recruitment and Employment Confederation (REC) [Kevin Green](https://web.archive.org/web/20150719013749/http://www.hrmagazine.co.uk/hro/news/1145723/pms-comments-overseas-recruitment-unhelpful-recs-kevin-green), commented that the claims were 'unhelpful'. He stated that recruitment agencies have to comply with legislation and codes of conduct. Therefore, Cameron writing that the Government is aiming to ban overseas-only recruiting, is in fact illegal under the Equality Act. ## UK Immigration Policies Discriminatory against Australians [Ironically](http://www.dailymail.co.uk/news/article-2723684/More-Australians-work-UK-new-visa-deal-goes-ahead.html), just last week the UK Government suggested that a new visa deal was being proposed with Australia. Both the Australian Government and UK Government are working towards allowing more Australians to live and work in the UK. Over the past two years the number of Australians coming to the UK to work has decreased by 50%. This is due to changes in the Immigration policies, which has seen a number of restrictions introduced. As the number of EU workers coming to the UK cannot be stopped, the Government put a limitation on the number of skilled workers outside the EU to 20,000. Australian Prime Minister, Tony Abbott has raised the issue with the London Mayor as being 'discriminatory against Australians'. Boris Johnson is allegedly lobbying British Prime Minister David Cameron to allow Australians to be placed in a different migration category ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # New Immigration Checks Spark Concern amongst UK Landlords Source: https://immigrationandvisasolicitors.co.uk/new-immigration-checks-spark-concern-amongst-uk-landlords/ *[This month](http://web.archive.org/web/20140821183222/http://www.propertywire.com:80/news/europe/uk-landlords-agents-immigration-201408209490.html), the Home Office announced that from October 2014 the immigration status of potential tenants will have to be checked by landlords and letting agents. If landlords fail to follow the new requirements which forms part of the Immigration bill, they could face a fine of up to £3000. Initially, the requirements that landlords have to meet will apply in just one area of the UK. The government will announce that area in September 2014.* ## 85% of Illegal Migrants are Living in Private Rented Accommodations Managing director at Landlord Assist, Graham Kinnear stated that he believes that the new immigration checks will place an unfair burden on landlords and letting agents. > "We are concerned that the new legislation will place unfair burden on landlords. Landlords or letting agents will not be familiar with Home Office documentation, passports for countries outside the EU and therefore could easily be presented with fake or falsified documents which they would be unable to differentiate from the originals." Despite the lack of enthusiasm, the legislation which is expected to become mandatory in 2015, is to stop rogue landlords letting substandard properties to low paid immigrants. There is an estimated 85% of illegal migrants living in private rented properties. Research conducted by the [Online Letting Agents](http://web.archive.org/web/20160403160545/http://www.propertywire.com/news/europe/uk-landlords-immigration-rules-201407249394.html) found that 8 out 10 landlords in the UK feel that the Immigration legislation places too much responsibility on them. Approximately 43% of landlords are not confident that they will comply will the legislation, while 30% are said to be optimistic about the new checks. ## Stephen Parry: Government should provide Guidance Notes to help Landlords The UK Government plan to carry out a pilot scheme in two months. The location will be announced in the next few weeks. Stephen Parry, Commercial Director at Landlord Assist also voiced his concern, stating that landlords and letting agents do not have the skills or knowledge to follow the Government's immigration policies: > "Without proper education and training it is not viable to expect landlords and letting agents to be able to robustly police the government’s immigration strategy. Agents already undertake identity checks on prospective tenants but to be able to decipher Home Office documentation or visa documents is probably a bridge too far. We accept that agents should make efforts in this respect but feel it is unfair that they can have such a significant financial penalty hanging over them in the event that something gets passed them, > > > He continued: It seems logical that if the government wish landlords and their agents to carry out a specific function that they should provide appropriate guidance notes on how to do so." Parry's concerns spark from the fact that a recent report revealed that more than a third of landlords in the UK do not make checks at all on their prospective tenants. ## Are you affected by the ‘Immigration Checks’? Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. If you have received correspondence from Capita, it is advisable that you seek immediate legal advice before enforcement action is taken against you by the Home Office. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Immigration: Difficulties of Meeting the Financial Requirement Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-difficulties-meeting-financial-requirement/ *In July 2012, the UK government increased the salary requirement for a British person bringing a non-EU spouse into the UK to £18,600. If the couple have children, the amount rises to £22,400, with an extra £2,400 for every child thereafter.  According to the UK charity BritCits, an estimated 47% of people working in the UK do not meet the financial requirement. **Here, we will explore the current law including the Court's approach and discuss how the current laws are 'splitting' families apart.* ## Financial Requirements: The Basics Since 9 July 2012, the Immigration Rules have contained a financial requirement to be met by a person applying for entry clearance, leave to remain and indefinite leave to remain in the UK as the non-EEA national partner or dependent child of a person who is: - a British Citizen; or - present or settled in the UK; or - in the UK with refugee leave or humanitarian protection. Unless exempt, applicants must meet the minimum income threshold of £18,600 (without dependent children). An additional gross annual income of £3,800 is required for the first child sponsored and an additional £2,400 for each further child. ## UK Courts Approach In *[R (on the application of MM) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin)](http://www.bailii.org/ew/cases/EWHC/Admin/2013/1900.html),* Immigration Judge* *Blake J carefully considered the UK’s Immigration Rules requiring a minimum income of at least £18,600 for spouse visa applications and stated that they could constitute an unjustified and disproportionate interference with the ability of spouses to live together. He suggested that an appropriate figure may be around £13,400 and highlighted the position of young people and low wage earners caught by the higher figure in the rules. However, the lawfulness of the minimum income threshold under the financial requirement was upheld by the Court of Appeal in its 11 July 2014 judgement in MM & Others [2014] EWCA Civ 985. From 28 July 2014, section 19 of the Immigration Act 2014 reinforces the public interest under Article 8 of the European Convention on Human Rights (right to respect for private and family life) in the financial independence of migrants, to prevent burdens on the taxpayer and promote integration. ## Case Study: Harshness of Home Office's Application of Financial Requirement In June this year, the [Guardian reported](http://www.theguardian.com/education/2014/jun/23/students-married-couple-separated-immigration-laws) on various cases highlighting the harshness of the Home Office's application of the financial requirement. In one such case, Nicola McCausland, a British citizen married to Gustavo Penagos Rottmann a Guatemalan national, spoke out against the rules and said she made the decision to not go forward with her Masters in Hispanic studies so she could move to Guatemala to be with her husband. Nicola,  a final year politics and Spanish student studying at Queen's University Belfast married Gustavo, a chef who was struggling to get a visa to stay in the UK, despite having several job offers. The couple had been together for 7 years and Nicola felt it was impossible to earn £18,600 whilst pursuing her postgraduate degree. Having rejected an offer of full funding from her university she stated: > "I have been depressed, having panic attacks and moments of complete and utter despair. I have trouble sleeping, and concentrating at work and in university. I feel constantly torn between my family at home and my married life with the man I love. I am angry at the UK Government for betraying law-abiding citizens in this way and, were the new family immigration laws to be scrapped tomorrow, I would not for a moment consider coming back to the UK to settle and pay taxes to its draconian government." ## The Public’s Reaction BritCrit, the human rights organisation which campaigns on behalf of families with UK immigration problems, is of the opinion that the current financial requirement under the Immigration Rules is an attack on British citizens and that the rules “violates the sanctity of marriage.” Steven Green, the Britcits spokeman states: > "Our work has highlighted the devastating impact of the rules on British citizens and their overseas families. This is particularly marked in the way the rules affect students: young people, making their way in the world, forming relationships and families while embarking on their careers, often struggle to meet the very strict requirements." ## Are you affected by the ‘Financial Requirement’? The Home Office’s rules on financial requirements affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route. The rules define the basis on which a person can enter or remain in the UK on the basis of their family or private life. If you intend to make an application as the spouse, partner, fiance(e) or proposed civil partner of a British citizen, you and your sponsor will need to meet the financial requirements. If you would like to discuss how the financial requirement may affect you, please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) today and our London immigration solicitor’s will be able to assist you by meeting with you and reviewing your case. If you have had a spouse visa refused on the grounds that you did not meet with the financial requirements, contact us so we can review your case. --- # Senior Figures Call for International Students to be Excluded from Immigration Figures Source: https://immigrationandvisasolicitors.co.uk/senior-figures-call-international-students-excluded-immigration-figures/ *In news reports today, the former deputy prime minister, Lord Michael Hesltine, criticised the inclusion of foreign students in the UK government’s plans to cut net migration to the UK. This comes after an [ICM poll for thinktank British Future and Universities UK](http://web.archive.org/web/20150922074704/http://www.universitiesuk.ac.uk/highereducation/Pages/UUKBritishFutureInternationalStudentsreport.aspx), found that 59% of the public believe that the government should not cut international student numbers. It seems that 22% took the opposing view and 66% of Conservative voters opposed reducing international numbers.* ## UUK & British Future Report The report argues that the government should instead remove international students from the net migration target and support and challenge universities to attract more international students to study here. The new research poses a challenge to the government as it seeks to keep its promise to reduce net migration to “tens of thousands”.  International students are the largest group of migrants from outside the EU counted in the government’s net migration figures, representing around a third of all people coming into Britain. ## Lord Hesltine: Students are a ‘Great Asset Financially & Educationally Speaking to BBC Radio 4’s Today programme, [Lord Heseltine drew a distinction](http://www.timeshighereducation.co.uk/heseltine-weighs-in-to-overseas-students-debate/2015378.article?) between overseas students and permanent immigrant groups. He said that foreign students come to the UK to study and then return home on graduation. > “[T]he government will have to recognise that there are very large numbers of students in this country – in our universities, in our business schools – who are a great asset financially and educationally.” Lord Hesltine believes that the UK universities’ inability to attract foreign students could lead to a “lack of finance”, which could be “serious for universities”. ## Nick Clegg: Students not Perceived as ‘Immigrants’ Deputy Prime Minister Nick Clegg also joined in on the debate and echoed a more flexible approach to student visas. Nick Clegg stated: > “I actually agree with Michael Heseltine ... And I’ve also been very explicit that I think a net immigration target, which is pursued by the Conservative Party, makes absolutely no sense at all because you could have a million people leave, a million people come in and you’ve met your target of zero. It doesn’t make any sense.” ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Home Office Update: Guidance on Libyan Asylum Seekers Source: https://immigrationandvisasolicitors.co.uk/home-office-update-guidance-on-libyan-asylum-seekers/ *This month, the Home Office published a [revised guidance](https://www.gov.uk/government/publications/libya-country-policy-and-information-notes) for case workers  on handling claims made by nationals of Libya, as well as country of origin information (COI) about Libya. The guidance includes information concerning granting of asylum, humanitarian protection or discretionary leave and whether in the event of a claim being refused, it is likely to be recognized as ‘clearly unfounded’ under s94 of the Nationality, Immigration and Asylum Act 2002. The guidance has been updated in this month as a result of recent determinations made in asylum cases.  Here we will discuss AT and Others the leading case in this area.* ## Libya's Country Guidance Case of AT and Others [AT and Others (Article 15c; risk categories) Libya CG [2014] UKUT 318 (IAC)](http://www.bailii.org/uk/cases/UKUT/IAC/2014/[2014]_UKUT_318_iac.html#para11) The appeal hearing was held at the Upper Tribunal between the 18-22 November 2013. It involved 4 Appellants who are Libyan nationals. One of the Appellants, AT was born in Tripoli, Libya. He entered the UK on 11 March 2011, claiming asylum on arrival. His appeal against the respondent’s decision of 30 March 2011 to refuse leave to enter was dismissed by a judge of the First-tier Tribunal in a determination heard on 26 May 2011. Permission to appeal was granted by a Senior Immigration Judge (as then was) on the basis of the First-tier judge’s treatment of Article 15(c) of Directive 2004/83/EC in the light of the conflict in Libya at that time.  The majority of the population of Libya either worked for, had some association with, or has a member of the family who worked for or had an association with the Gaddafi regime. Such employment or association alone is not sufficient to establish a risk of persecution or Article 3 ill-treatment on return.(para.125(5). The Upper Tribunal concluded that a person at risk on account of their actual or perceived associated with the Gaddafi regime would not, in general, have available to them the option of internal relocation [para 215(18)]. Hatred and resentment against Gaddafi, and all those associated with his regime, is widespread throughout the country. Country information suggests that persons suspected or known to have closely supported Gaddafi, his forces and/or his regime have been taken captive from the streets and at checkpoints. It is unlikely that a person of this profile will be able to internally relocate in order to escape the risk of persecution. ## 2013 Report on the Libyan Justice System In an [April 2013 report ](http://web.archive.org/web/20160704232632/http://www.crisisgroup.org/en/regions/middle-east-north-africa/north-africa/libya.aspx)on the Libyan justice system, the International Crisis Group observes that “Gaddafi-era victims, distrusting an apparatus they view as a relic, take matters in their hands; some armed groups, sceptical of the state’s ability to carry out justice, arbitrarily detain, torture or assassinate presumed Gaddafi loyalists”. The report continues “the mere possession of pro-Gaddafi songs or photographs saved on a mobile telephone often justified immediate detention, as did hailing from a town or community accused of siding with Gaddafi forces during the war. In many cases presumed ties to the former regime appear to have been little more than pretexts to retaliate against people whom the armed brigades held personal or professional grudges or as a means of extorting a ransom”. The International Crisis Group report further notes that the government is unable to control armed groups from exacting justice against former Gaddafi supporters. ## Contact us for a successful UK Asylum application Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Home Office Update: Statistics of Sponsorship Licences Source: https://immigrationandvisasolicitors.co.uk/uk-home-office-update-statistics-of-sponsorship-licences/ *Last week, the Home Office released updated figures of the [allocations of restricted certificates of sponsorship](https://www.gov.uk/government/publications/employer-sponsorship-restricted-certificate-allocations/allocations-of-restricted-certificates-of-sponsorship#august-2014) licences in the last 6 months. The guidance lists the monthly allocations of restricted certificates of sponsorship under the permanent limit on migration through Tier 2 (General). Employers wishing to employ non-EEA migrants must obtain a sponsorship licence before they can sponsor a migrant. The sponsorship licence system allows businesses to recruit skilled workers from non-European Economic Areas by giving them a Certificate of Sponsorship (COS).* ## Obtaining a UK Sponsorship Licence As a sponsor,  employers will need to provide evidence to the Home Office that they are suitable and eligible to become a sponsor. They will need to prove that they are a genuine employer based in and working lawfully in the UK and that they are able to comply with employment and immigration law and good practice, among other requirements. The Home Office will carry out appropriate checks before deciding whether to grant the sponsorship licence. Once a sponsorship licence is approved, the sponsor will appear on the public register of sponsors which can be found on the Home Office’s website. ## Allocations of Restricted Certificates of Sponsorship Licences On 11 August 2014, the monthly allocation meeting took place. Since March 2014 figures recorded by the Home Office has shown a steady rise in the number of sponsorship licences granted each month. According to the figures: - The total number of certificates of Sponsorship licences granted in August is 1,763. This is 14 more then the previous month and 25 more than the number granted in June 2014; - The number of successful Tier 4 dependents switching to Tier 2 General visa was 11 in August 2014. This is a decrease to the previous months, which saw June and July having 13 applications granted; - The number of Tier 2 (General - New hires under £153,500) granted in 2014 is 1,752, which is an increase of 728 granted since March 2014; and  - The balance of certificates of sponsorship carried over to September 2014 is 431. All valid applications received by 5 August were successful if they scored at least 32 points. ## Tier 2 Skilled Workers & Tier 5 Youth Mobility & Temporary Workers Earlier this year, [government statistics](https://www.gov.uk/government/publications/immigration-statistics-july-to-september-2013/immigration-statistics-july-to-september-2013) published by the Home Office showed that there was a 5% rise in the number of visas granted related to work. The increase was largely accounted for by higher number of visas issued for skilled workers (Tier 2) and for Youth Mobility and Temporary Workers (Tier 5) who had been given a COS. From September 2012 to September 2013, there were 14% more sponsored visa applications from skilled workers than the previous 12 months (from 40,397 to 46,132). The majority of the 46,132 applications were related to the following sectors: - Information and Communication (19,410, up 12%); - Professional, Scientific and Technical Activities (8,267, up 12%); - Financial and Insurance Activities (5,785, up 10%); - Education (2,670, up 46%); and - Manufacturing (2,490, up 6%). In the same period, there were 10% more sponsored visa applications from youth mobility and temporary workers than the previous 12 months, which increased from 39,164 to 43,228. The majority of these applications were related to the Arts, Entertainment and Recreation field which were up by 7% (30,690) and Education, which were up by 9% (4,499) sectors. ## UK Sponsorship Licence Solicitors & Work Visas for Foreign Workers Obtaining a UK [Sponsorship licence](https://www.gov.uk/uk-visa-sponsorship-employers/overview) is far from a straightforward process involving referencing not only the immigration rules but also supplementary guidance notes. Together with this issue is ensuring that the bundle of supporting documents meets the Home Office’s stringent requirements and properly evidences the application. For this reason it is usual for a professional employer to instruct expert immigration sponsorship solicitors to manage this process. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your eligibility in obtaining a UK Sponsorship Licence and to find out more about your [duties once you are a Sponsor](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/ukba-uk-sponsor-licence-sponsorship-home-office-duties-work-permits/). --- # ONS Statistics: Contradicts David Cameron’s Plan to Cut Net Migration Source: https://immigrationandvisasolicitors.co.uk/ons-statistics-contradict-david-camerons-plan-to-cut-net-migration/ *This week, the [Office for National Statistics (ONS)](http://www.wired-gov.net/wg/news.nsf/articles/Migration+Statistics+Quarterly+Report+August+2014+29082014070500) revealed that the number of European citizens moving to Britain has sharply increased by over a third contradicting Prime Ministers David Cameron's vow to cut down migration by hundreds of thousand. Net long-term migration to the UK was estimated to be 243,000 in the year ending March 2014, a statistically significant increase from 175,000 in the previous 12 months. The figures also show that there are now 1.7 million EU nationals employed in the UK, up by 17% on the same period in 2013. A total of 2.9 million non-UK nationals are currently in employment* ## Net migration to UK Increases by 39% to 243,000 David Cameron and Home Secretary Theresa May previously announced to [cut net migration to below 100,000](http://rt.com/uk/183360-uk-net-migration-soars/) by the general election on May 7 next year. In the past year the UK Government has toughened  visa rules in an attempt to limit migration from outside the EU and restricting EU migrants access to Britain's welfare system.  The ONS which released statistics yesterday revealed the following: - Net long-term migration to the UK was estimated to be 243,000 in the year ending March 2014, a significant increase from 175,000 in the previous 12 months; - 560,000 people migrated to the UK in the year ending March 2014. This is a significant increase from 492,000 in the previous 12 months. EU citizens cover two-thirds of this increase; - The number of Romanians and Bulgarians arriving in the UK more than doubled to 28,000 in the year up until March 2014, compared to 12,000 in 2013; - There is a significant increase in the number of migrants working in the UK. Figures showing 38,000 to 228,000: mainly coming from EU15 & EU2 citizens. Employment of EU citizens in the UK showed was 17% higher in April to June 2014, compared to the same quarter in 2013. - The number of work and student visas granted rose by 10% & 7% in the year ending June 2014, compared to 2013; - However, figures have show that non-EU migration is at its lowest. With the recent peak of 334,000 in 2011 declining to 265,000 in the year ending March 2014. In light of these figures, Immigration Minister [James Brokenshire](http://rt.com/uk/183360-uk-net-migration-soars/) has maintained that the UK Government is focused on reducing net migration to a manageable level. > “Uncontrolled, mass immigration makes it difficult to maintain social cohesion, puts pressure on public services and forces down wages. We are creating a system that is fair to British citizens and legitimate migrants but is tough on those who flout the rules." ## Barbara Roche: British Economy is expanding very Rapidly Researchers that revealed the statistics, noted that although the figures are high they are no where near the exaggerated predictions that became the focus during the debate prior to the lifting of entry restrictions for Bulgarians and Romanians since January 2014. Nick Farage predicted that there would be 5,000 a week arriving in the UK once the ban had been lifted. When in reality, during the first 6 months of the year the total rise in the numbers of Romanian and Bulgarian nationals in the UK was just 7,000. The chair of the Migration Matters Trust, [Barbara Roche ](http://www.huffingtonpost.co.uk/2014/08/28/immigration-statistics_n_5728208.html?utm_hp_ref=uk&ir=UK)stated: > "Nigel Farage and Ukip were wrong about Romanian and Bulgarian migration and owe Britain an apology for their reckless scaremongering last year. It's little surprise that the number of eastern Europe nationals coming to the UK to work has increased this year." Roche added the importance of migration and the unemployment rate: > "Labour Force Survey figures also tell us that unemployment in Britain is approaching a 6 year low, youth unemployment is falling and that the number of unfilled vacancies in the economy is now 656,000 – a rise of over 20% in the last year and higher than at any time since the crash. The reality is that the employment in the British economy is expanding very rapidly and Britain’s businesses are facing skills shortages. Without migrants to help plug these gaps, businesses would struggle to grow, limiting future job opportunities for British workers and ultimately undermining the recovery." ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Tier 2 Skilled Migrant Workers Boost UK Economy Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-tier-2-skilled-migrant-workers-boost-uk-economy/ *[Today](http://www.telegraph.co.uk/finance/economics/11066508/Skilled-foreign-workers-boost-British-growth-by-210bn-a-year.html), [Centre for Economics and Business Research](http://www.cebr.com/) (CEBR) on behalf of Lloyds bank has reported that skilled foreign workers are responsible for an increase of £21obn a year generated by the UK economy. The report shows that over the last 10 years the total number of non-UK-born individuals in employment has increased from 2.6 million in the first quarter of 2004 to 4.6 million in the first quarter of 2014. * ## Jamsheed Poncha: Research clearly Demonstrate the Strength of the UK Economy Lloyds bank has stated that the report proves that skilled migrant workers are proven to be the [driving force](http://www.ibtimes.co.uk/uk-immigration-skilled-foreign-workers-give-uk-economy-210bn-boost-1463480) in the UK economy. Showing that migrant workers are providing an estimated £210bn boost to the UK economy annually and driving 15% of all output. The report has also revealed that the number of skilled migrant workers in the UK has grown from 2.6m in 2004 to 4.6m in 2014. Jamsheed Poncha, head of client services at Lloyds Bank put forward his opinion of the findings of the report: > "The findings of the research clearly demonstrate the strength of the UK economy and its ability to attract a highly qualified professional workforce from around the world. The contribution inward talent can make to key industries is impressive as it ultimately helps the economy to prosper even more." A regional breakdown of the data showed that foreign workers were key to the London economy, with more than 40% of all inpats working in the capital. ## Skilled Migrants more likely to Work in Senior Positions [The report found ](https://web.archive.org/web/20140908035114/http://www.businessweekly.co.uk:80/blog/cambridge-today-tony-quested/17458-immigrant-workers-boost-uk-economy-by-p210-billion-)that the most qualified workers that enter the UK are from the United States. With 57% of the US born adults in the UK obtaining qualifications at level 4 or above. In contrast, just 26% of UK born nationals have level 4 qualifications or higher. Inpats who enter the UK and gain employment are more likely to work in senior or highly skilled positions such as managerial and technical roles than UK nationals are. As the report shows an estimated third of US nationals are working in a professional occupation, such as  engineering or IT, while almost 75% of workers were in managerial, professional or associate professional and technical jobs, which includes paramedics and lab technicians. Jonathan Portes, director of CEBR questioned David Cameron's plan to reduce migration in the UK: > "All the evidence suggests that forecasting migration is very, very difficult – which is one of the reasons why it was stupid to have a target in the first place. Is it impossible that [Cameron's] target could be met? No. We could have another financial crisis and the labour market could collapse or the eurozone could suddenly, miraculously recover, and Italians, Spanish and Greek people would go home because their economies are thriving. That doesn't seem very likely, but it's not impossible." ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Argentinian Footballer Awaiting Decision on Tier 2 Sportsperson Visa Source: https://immigrationandvisasolicitors.co.uk/argentinian-footballer-awaiting-decision-on-tier-2-sportsperson-visa/ *It has been [reported](https://web.archive.org/web/20150118204505/http://www.independent.co.uk/sport/football/news-and-comment/marco-rojo-manchester-united-leftback-still-awaiting-work-permit-to-play-in-england-9697326.html) that the new Manchester United defender Marcos Rojo, has been left in limbo as he is still awaiting a decision for his Tier 2 visa to play for the football club in the UK. The Argentinian national who has been signed by United for 2 weeks is currently in Spain trying to obtain a Tier 2 (Sportsperson) visa to finalize his switch to Manchester. The reason for the delay is reportedly a police case opened against Rojo in Argentina, despite the fact he has never actually been charged for the alleged incident.* ## Louis Van Gaal: Marcos Rojo is Working on his Permit Rojo, had an immigration interview at the Argentinian Embassy in Madrid last week and is still awaiting the outcome in Spain. The delay is reportedly due to an altercation the 24 year old professional footballer had with his neighbor in 2010. Although he was never charged, immigration officials wanted to interview him about the incident, which could be grounds for refusing him a visa. At the public introduction of Angel Di Maria, another Argentinian national joining Manchester United football club, the teams manager [Louis Van Gaal](http://www.independent.co.uk/sport/football/premier-league/marcos-rojo-why-is-it-taking-so-long-for-manchester-united-to-get-a-work-permit-9699288.html) commented on the differences in the player's  visa process: > "Marcos Rojo is working on his permit. He must go abroad for it.  He is abroad in the [Argentine] embassy in Madrid but it’s taking more time than expected. The difference with Di Maria is that he has an Italian passport and Rojo does not." ## Football Players Applying under Tier 2 Sportsperson If you are a football player sponsored by a club in the UK, you will not need to make a new application if you move on loan to another club in the UK. However, if you are permanently transferred to another football club in the UK, then you must submit a new visa application and for this you will be required to have a new Certificate of Sponsorship and a new endorsement from a governing body. The Football Association chairman, [Greg Dyke](http://www.independent.co.uk/sport/football/premier-league/marcos-rojo-why-is-it-taking-so-long-for-manchester-united-to-get-a-work-permit-9699288.html) stated last year in September the complexity of the Immigration rules regarding work permits: > "We should also examine how the current work permit system operates — and it is worth pointing out that roughly 30 per cent [including Football League players] of the players who received work permits this summer did not meet the standard criteria — and we should review the loan system to see if it can be made more effective in terms of developing players." ## Tier 2 (Sportsperson) Visa Overview The [Tier 2 Sportsperson ](https://immigrationandvisasolicitors.co.uk/tier-2-sportsperson/)route of the Points Based System is for elite sports people and coaches who are internationally established at the highest level. Applicants under this route would be expected to make a significant contribution to the development of their chosen sport in the UK. The company sponsoring you will need to issue you with a certificate of sponsorship and will need to ensure that the salary on offer and your qualifications will enable you to satisfy the immigration rules. You will be granted temporary residence in the UK and will be permitted to live and work for the duration of your employment or the time given in your certificate of sponsorship. ## Legal Advice & Successful Tier 2 Sportsperson Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: James Brokenshire Presents New Code of Practice for UK Landlords Source: https://immigrationandvisasolicitors.co.uk/new-immigration-legislation-announced-will-see-uk-landlords-face-penalties/ *This afternoon, James Brokenshire, the Minister for Security and Immigration presented a written statement before the House of Commons regarding the 'working draft' of the [Code of Practice](https://www.gov.uk/government/publications/right-to-rent-landlords-code-of-practice) on illegal migrants and rented accommodation. The Home Office announced that from October 2014  landlords of private residential property will need to check that tenants have a right to rent in the UK before letting a property to them. Part 3 Chapter 1 of the Immigration Act 2014 will launch in Birmingham,Walsall, Sandwell, Dudley and Wolverhampton from 1 December 2014 as part of the pilot scheme before it is introduced to the rest of UK.* ## James Brokenshire: Right to Rent Checks are quick and simple In a [written statement](https://www.gov.uk/government/speeches/implementation-of-the-immigration-act-2014?) today, James Brokenshire stated that landlords and agents will have to follow *‘*the right to rent checks’, which consists of obtaining documents from potential tenants such as passport or a Biometric Residence Permit: > "We are building an immigration system that is fair to British citizens and legitimate migrants and tough on those who abuse the system or flout the law. The right to rent checks are quick and simple, but will make it more difficult for immigration offenders to stay in the country when they have no right to be here. They will also act as a new line of attack against unscrupulous landlords who exploit people by renting out substandard, overcrowded and unsafe accommodation. Landlords in the West Midlands will have all the advice and support they need in advance of the checks going live on 1 December." If private landlords do not follow the new Immigration rules they could face a fine of up to £3000. The Home Office will evaluate the implementation of the rules in the [West midlands](https://www.gov.uk/government/news/west-midlands-to-be-first-landlord-right-to-rent-check-area?) in spring 2015 and is expected to continue introducing the immigration checks across the UK next year. Research conducted by the [Online Letting Agents](http://web.archive.org/web/20160403160545/http://www.propertywire.com/news/europe/uk-landlords-immigration-rules-201407249394.html) just last month found that 8 out 10 landlords in the UK feel that the Immigration legislation places too much responsibility on them. Approximately 43% of landlords are not confident that they will comply will the legislation, while 30% are said to be optimistic about the new checks. ## Who can Occupy Residential Accommodation in the UK? Under the scheme, individuals will fall into the following three broad categories depending on their immigration status: - **Unlimited Right to Rent:** This applies to British citizens, EEA, Swiss nationals and people who have the right to reside in the UK or who have been granted indefinite leave to remain or have no time limit on their stay in the UK (A landlord will not be liable for a civil penalty if they rent accommodation  by someone with an unlimited right to rent in the UK). - **Time-limited Right to Rent:** This applies to people that have have valid leave to enter or remain in the UK for a limited period of time; or they are entitled to enter or remain in the UK as a result of an enforceable right under European Union law or any provision made under section 2(2) of the European Communities Act 1972 (in order to avoid a penalty a landlord will need to conduct follow-up checks on people who come under this category). - **No Right to Rent: **This applies to people who do not have permission to be in the UK (landlords will face a hefty fine if they lease accommodation to someone who has no immigration status in the UK). ## Are you affected by the ‘Right to Rent Checks’? Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. If you have received correspondence from Capita, it is advisable that you seek immediate legal advice before enforcement action is taken against you by the Home Office. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Immigration: Treatment of International Students Debate Goes on Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-treatment-of-international-students-debate-goes-on/ *[This week](http://www.newstatesman.com/politics/2014/09/government-must-stop-treating-international-students-hostility), it has been revealed that the number of international students taking higher education courses in the UK has fallen for the first time since 1983. T**he [treatment of international students](https://www.theguardian.com/higher-education-network/blog/2012/mar/13/international-student-numbers-visa-restrictions) has been a big part of the immigration debate. Everything from removing international students from immigration figures, to the UK needing to be more welcoming and to the immigration bill being discriminatory towards students, has been debated. * ## Decline in the Number of International Students Studying in the UK For the first time in 30 years, there has been a decline in the number of international students coming to the UK. For instance, 435,005 in 2011 to 431,905 in 2012. The number of Indian students coming to the UK has sharply declined, with 20,000 students coming from India in 2012 compared to 33,000 in 2010. Earlier this year, the Lords Select Committee published a [report](https://web.archive.org/web/20171123074007/http://www.parliament.uk/business/committees/committees-a-z/lords-select/science-and-technology-committee/news/international-stem-student-report/) showcasing that an 'unwelcoming' UK has led to an unprecedented fall in international Science, Technology, Engineering and Maths (STEM) student numbers. This is a worry considering the [significant contribution](https://www.universitiesuk.ac.uk/universities-uk-international/events-and-news/uuki-news/depth-analysis-reveals-huge-contribution) international students provide to the UK economy and Universities. Nearly 20% of the output generated by universities can now be attributed to the enrolment of non-EU students (£13.9 billion of £73 billion). Money spent by international students (EU and non-EU) on fees and accommodation amounted to £4.4 billion in 2011–12;  £3.8 billion was from non-EU students alone. This expenditure, as well as that spent off-campus, has knock-on effects, generating jobs throughout the UK: of the 757,268 full-time equivalent jobs generated by the higher education sector in 2011–12, 18% of these can be attributed to the enrolment of non-EU students (136,639 jobs). ## Lord Hesltine: Students are a ‘Great Asset Financially & Educationally An [ongoing argument](http://www.telegraph.co.uk/education/educationnews/10934148/Students-must-be-stripped-out-of-immigration-figures.html) regarding international students, is they should be removed from the Government’s net migration target. The debate is that the continuation of including international students in migrant figures, the UK is risking pushing international talent to other countries. [Political leaders](https://theconversation.com/universities-lack-the-lobbying-clout-to-exempt-students-from-migration-target-30948) from the Deputy Prime Minister to Lord Heseltine have voiced their opinion to the call for international students to be removed from the immigration figures. And are frustrated that the Home Office still refuses to take action, despite the evident failure of its policies towards controlling net migration, shown recently to have risen by 68,000 in the last year. Speaking to BBC Radio 4’s Today programme, [Lord Heseltine drew a distinction](http://www.timeshighereducation.co.uk/heseltine-weighs-in-to-overseas-students-debate/2015378.article?) between overseas students and permanent immigrant groups. He said that foreign students come to the UK to study and then return home on graduation. > “[T]he government will have to recognise that there are very large numbers of students in this country – in our universities, in our business schools – who are a great asset financially and educationally.” Lord Hesltine believes that the UK universities’ inability to attract foreign students could lead to a “lack of finance”, which could be “serious for universities”. ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # Family given Wrong Immigration Advice by Government Body now Face Separation Source: https://immigrationandvisasolicitors.co.uk/family-given-wrong-immigration-advice-now-face-separation/ *A [British father](https://web.archive.org/web/20140908232920/http://www.elystandard.co.uk:80/news/family_face_being_separated_and_left_thousands_of_miles_apart_after_blunder_from_immigration_officials_1_3759329) of one has spoken out today about the 'absolute incompetence' of the UK Visa and Immigration Service. Christopher Malone and his two year old son are now facing the difficult situation of being separated from his American national wife. Christopher Malone arrived at Heathrow airport with his family to the shock of being told that his wife should not have traveled to the UK as she did not have a visa. A UK Marriage Visa or a Spouse visa allows foreign nationals who are married (or in a civil partnership) to a British citizen, or a person who has settlement status in the UK to enter or remain in the UK. If you are based outside of the UK you will need to apply for Entry Clearance in order to join your spouse/civil partner in the UK. * ## Christopher Malone: We are being Penalised for [UK Visa and Immigration International Service]  Incompetence Christopher and Christy Malone arrived in the UK earlier this year with their son Conrad in July, after being told by immigration advisers that Christy could apply for a visa once she was in the UK. When they arrived at Heathrow airport, they were stopped by Border force and Christy was told that she would have to leave the UK by the end of September as she had not obtain a visa before travelling to the UK. Christopher is a British national and their son is a dual British and American national, therefore they have the right to remain in the UK. Mr Malone has voiced his disappointment in the ill advice he received from the Government body: > "The UK Visa and Immigration International Service gave my wife and me incorrect advice – we have it in writing. We are being penalised for their absolute incompetence.” Since the families arrival in the UK, they have spent weeks trying to convince the Home Office of the unfairness to order Christy to go back to America. The couple are now facing the dim reality of paying thousands of pounds for a plane ticket and going through a lengthy visa application process. Mrs Malone has echoed her husband's sentiments: > "If we were told when we were still in California that we would have to get a visa before we could move we would have had it all done by now. We are not trying to be cheeky, we don’t like to cause waves, we just want to be treated like human beings and we want to stay together as a family. Nobody seems to want to help us." ## Qualifying criteria for UK Marriage or Spouse Visas In order to obtain a Marriage or Spouse Visa you must: - Apply for entry clearance for your spouse/civil partner before travelling to the UK; - Have met each other, be legally married to each other and plan to live together; - Meet with the  minimum income threshold requirement of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child; - Any of the above stated income can be from the applicant and sponsor’s total income; - Be able to accommodate yourself and your dependants entirely without recourse to public funds; and - Be able to communicate in English and present an English language speaking and listening qualification at a minimum A1 level or above of the Common European Framework of Reference for Languages unless you are exempt. ## What happens once you are in the UK on a UK Marriage or Spouse Visa UK Marriage Visas are granted for an initial five year period following which you can apply for Indefinite Leave to Remain in the UK (ILR) and British nationality. With a UK Marriage Visa you may bring your dependents (for example your children) with you to the UK. You must, however be able to financially support them for their entire stay. You will be able to take up employment in the UK as soon as the document is granted without the need to arrange a UK Work Permit. With a UK Marriage Visa there are no restrictions upon the type of work that can be undertaken. ## Successful UK Spouse Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a an application for entry clearance so you can join your British partner in the UK or a leave to remain in the UK application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Immigration Debate Ignores UK Businesses Requirements Source: https://immigrationandvisasolicitors.co.uk/immigration-debate-ignores-uk-businesses-requirements/ *[Today](http://www.telegraph.co.uk/finance/festival-of-business/11078784/Soapbox-The-government-must-urgently-change-its-immigration-policy-or-the-UK-will-face-an-acute-skills-shortage-says-Ed-Bussey.html), Ed Bussey has spoken out against the immigration policies and believes that the immigration debate 'completely ignores the needs of the UK's fast growing businesses'. He has said that the technology sector in particular is suffering, as they are not able to hire people due to their lack of skills. Bussey, founder of Technology company Quill, has said that his own company has a team of 20 and is currently running 17 vacancies as they continue to grow at a rate of over 100% year on year. * ## Cap of 20,700 of Tier 2 Certificate of Sponsorship Hundreds of fast growth companies like Quill, who want to bring talent to the UK from outside of the EU must apply for a specialist Tier 2 sponsor licence. Once the licence is obtained, they then must issue Certificates of Sponsorship to their non-EU employees. However as there is currently a cap of 20,700 Certificate of Sponsorship, companies are finding it difficult to employ trained individuals for their businesses. Interestingly in 2013 just 10,179 such visas were granted, well below the 20,700 cap. Bussey, has criticized what people focus on when debating immigration: > "The immigration debate at the moment seems to be a totally one-dimensional debate about Romanians and Bulgarians coming in and taking all our jobs. It is very superficial and it obscures a critical issue that exists in the digital technology sector. The digital technology sector is one of the fastest growing sectors in the UK right now, and if we want to maintain this growth then we need to be able to hire the world's best talent. I speak to all of my peers regularly about this and the single biggest problem that we all face is not a shortage of capital, it is not a shortage of a market opportunity, it is a shortage of talent." ## Ed Bussey: Not Enough Talent Here in the Home Market Bussey, has suggested simplifying the immigration process, in order to make it easier for UK businesses to  hire talented people from outside the EU: > "We have got to streamline the immigration process so that fast growth SMEs like ourselves can access the talent wherever it is. The process is currently geared up for large businesses which have got HR departments and teams of in-house lawyers." He went on to add: > "There is not enough talent here in the home market. That is a skills education issue which the coalition government is becoming much more aware of which is a really good thing and it is great to see all these initiatives around coding and so on, but that is a decade long solution and I need developers this afternoon. I haven't got 10 years to wait. So in the short term we have got to become much smarter about our immigration policy. If we want to build the best British businesses then we need to be able to hire the world's best talent." ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # International Student’s Decline due to UK Immigration Policy Source: https://immigrationandvisasolicitors.co.uk/international-students-decline-due-to-uk-immigration-policy/ *Today at the [Universities UK conference](http://www.independent.co.uk/news/education/education-news/university-chief-sir-christopher-snowden-claims-government-immigration-policy-puts-off-foreign-students-9719335.html), Professor Sir Christopher Snowden has warned the UK Government that their immigration policy puts off international students, as research shows the sharpest decline in overseas students in the UK in almost three decades. Statistics have shown that the number of international students taking undergraduate or postgraduate courses has declined in enrollments from India and Pakistan.  This news comes as Britain's Secretary of State for Business, Innovation & Skills, Vince Cable, is scheduled to visit India next month, after admitting that there is  "a lot of tension" in the Conservative Government over the drastic decline in visa applications from Indian students wanting to study in the UK.* ## Sir Christopher Snowden: need a change in Government Immigration Policy [According to research](https://web.archive.org/web/20140928230604/http://ibnlive.in.com/news/minister-lot-of-tension-in-uk-coalition-over-visa-issue/497013-2.html), the most noticeable decline is at postgraduate level where Indian enrollments are said to be 51% down, with 7,000 fewer recruits. Pakistani students has fallen by 49%, with 1,400 recruits studying at the same level. Speaking at the Universities UK conference Professor Snowdon said: > "UK degrees are recognised worldwide and right now we are education students from some of the fastest growing economies, including India, China Brazil and Nigeria. Recently, however, this positive contribution has been overshadowed by changes to the student visa and immigration regime, creating a strong adverse perception in many countries and - after a period of strong growth - the decline in numbers of international students from some parts of the world is a serious concern." He commented on the advantage of having a pro immigration policy: > "We need a change in Government immigration policy to realise the fantastic opportunity this country has in continuing to attract the brightest and the best international students and staff to our shores.” Another [ongoing argument](http://www.telegraph.co.uk/education/educationnews/10934148/Students-must-be-stripped-out-of-immigration-figures.html) regarding international students is that they be removed from the Government’s net migration target. This is because many of them do not plan to settle in the UK once they have completed their courses. By continuing to include international students in migrant figures, the UK is risking pushing international talent to other countries and therefore damaging the UK University sector, which international students contributes to. ## Vince Cable: Wants an Open, Welcoming Approach for International Students There has been a sharp decline in the number of[ Indian students](http://zeenews.india.com/news/nation/lot-of-tension-in-uk-coalition-over-visa-issue-of-indian-students-minister_1466419.html) wanting to come to the UK. Minister Vince Cable said that he wants an "open, welcoming approach" for international students. He admitted that visa restrictions on students’ right to work after finishing their courses is just one of the reasons international students are choosing to go elsewhere. Speaking at the Sarat Bose Memorial Lecture on 6 September 2014, he explained that the reason for the recent tightening of the visa regime was to stop fraudulent students from entering the UK.   > "The student visa has been tightened, but there is a perception issue in India that UK no longer welcomes students, which is not true at all." The Liberal Democrat is scheduled to visit India next month and is expected to address the drop in visas from Indian students coming to study in the UK. ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Watchdog: David Cameron Significantly Misrepresented Immigration Stats Source: https://immigrationandvisasolicitors.co.uk/watchdog-david-cameron-significantly-misrepresented-immigration-stats/ *[Today](http://www.huffingtonpost.co.uk/2014/09/10/david-cameron-immigration-new-jobs-myth_n_5795926.html), Watchdog has criticized David Cameron's claim that the Government’s Immigration policy had decreased the trend of migrants taking the majority of job roles from British nationals. **Watchdog stated* that the Prime Minister 'significantly misrepresented' official statistics. The Daily Telegraph, who featured Cameron's article has been ordered to publish a correction to highlight the inaccuracy of his claim. Last month, *Andrew Dilnot the head of the UK Statistics Authority challenged the Prime Minister's claim stating that his comments were baseless as no such statistics exist.* ## REC Chief Executive: Cameron’s Comments Unhelpful Last month, David Cameron wrote a column for the Daily Telegraph claiming that UK natives were now filling the majority of job positions in the UK created in the last 12 months. > “Progress is being made: while most new jobs used to go to foreign workers, in the past year more than three-quarters have gone to British workers.” Andrew Dilnot, UK Statistics Authority chair has slammed the claim, stating that no such statistic exists.  > “The official statistics provide estimates of net change in the number of people in employment. This is not the same as the number of people who move into employment,” he said. “From the available official statistics, it is, therefore, not possible to estimate the number of new jobs, nor the number of new jobs that are filled by UK nationals, nor the number of new jobs that are filled by non-UK nationals.” Dilnot is not the only one that was unhappy with Cameron’s claim. The Chief Executive of Recruitment and Employment Confederation (REC) [Kevin Green](https://web.archive.org/web/20150719013749/http://www.hrmagazine.co.uk/hro/news/1145723/pms-comments-overseas-recruitment-unhelpful-recs-kevin-green), has also commented that the claims have been ‘unhelpful’. He stated that recruitment agencies have to comply with legislation and codes of conduct. Therefore, Cameron's aim to ban overseas-only recruiting is in fact illegal under the Equality Act. ## PCC Orders Daily Telegraph to Publish Correction of PM's Inaccurate Comments The Press Complaints Commission (PCC), ordered the Daily Telegraph to publish a correction to clear up the inaccuracy of the Prime Minister's claim. Watchdog has approved the following correction as 'sufficient': > Our item ‘[We're building an immigration system that puts Britain first](http://www.telegraph.co.uk/news/uknews/immigration/10995875/David-Cameron-Were-building-an-immigration-system-that-puts-Britain-first.html)' (July 29), stated that while most ‘new' jobs used to go to foreign workers, in the past year more than three quarters have gone to British workers. We would like to make clear that the Office of National Statistics data on which this was based track net changes in employment, not ‘new' jobs. The data show that British nationals account for more than three quarters of the growth in employment over this period. ## Successful UK Tier 2 Visa Applications Migrants wanting to work in the UK must obtain a Tier 2 visa. Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment --- # International Students without ILR are not Eligible for Student Loans Source: https://immigrationandvisasolicitors.co.uk/international-student-without-ilr-are-not-eligible-for-student-loans/ *A new judgement from the Court of Appeal has stated that international students who do not hold indefinite leave to remain are not eligible to apply for student loans. The case, [R (on the application of Tigere) v Secretary of State for Business, Innovation and Skills [2014] EWCA Civ 1216 (31 July 2014)](https://adam1cor.files.wordpress.com/2014/09/ac0143388cacivdiv.pdf) deals with the right to education under [Article 2 of the first protocol](http://www.legislation.gov.uk/ukpga/1998/42/schedule/1/part/II) (A2P1) and [Article 14](http://www.legislation.gov.uk/ukpga/1998/42/schedule/1) of the European Convention on Human Rights. According to the Court of Appeal, the UK was not in breach of the human rights of those individuals ineligible for student loans because they did not have indefinite leave to remain in the country. * ## Background of the Case The claimant's father obtained a Tier 4 Student visa and she entered the UK as his dependent when she was 6 years old. Her father left the UK in 2003 when his visa expired and the claimant and her mother continued living in the UK, unlawfully overstaying their leave. The UKBA served the claimant and her mother with a notice stating they were liable to removal. They were granted temporary admission, and on 13 January 2012 and further granted discretionary leave to remain (DLR) in the UK until 29 January 2015. All of the claimant's education has been in the English educational system. The claimant proved to be academically successful and had a number of offers of university places. The Claimant applied for a student loan in April 2013, but she did so online via the Student Finance England website. When struggling to answer questions about her immigration status, she sought legal advice. Her solicitor confirmed that it was likely she would be refused a loan because of the immigration position. DLR does not satisfy the conditions of eligibility for student loans under the Education (Student Support) Regulations 2011. There are eight categories of persons who are eligible for student loans. Seven of these categories comprise persons having rights or a status under EU law or associated rights. The Court of Appeal was faced with the issue of whether the claimant's  leave to remain was a breach of her right of access to education A2P1 and whether it had the effect of unjustifiable discrimination against her on the ground of her immigration status under Article 14. The Claimant's grounds of appeal was based on two points: - The first is that her period of temporary admission between 2010 and 2012 should count towards lawful residence; and - The second was, that the Claimant was, between 2003 and 2012, an over stayer should not count against her because, as a child aged 6 on entry, she bore no responsibility for her later irregular immigration status. ## Court of Appeal Judgement > It is common ground that such a person, if not a British citizen, must have been granted indefinite leave to remain. It is also common ground that ordinary residence means lawful ordinary residence, though there is an issue arising on the Claimant's cross appeal on ground four of the judicial review grounds before Hayden J whether residence pursuant to the grant of temporary admission counts as lawful ordinary residence. On the face of the 2011 regulations, the Claimant does not fall within the basic category, nor, of course, any of the other seven categories. > > The point on temporary admission is bad. It is clear that a person granted temporary admission under paragraph 1 of Schedule 2 to the Immigration Act 1971 is in exactly the same position vise vie the legality of his presence in the United Kingdom as opposed to as a person detained during the period in question. Such a person could not be regarded as lawfully resident here. > > I would dismiss the cross appeal. --- # EU Commissioner: Stop Moaning, EU Migration is Good for UK Source: https://immigrationandvisasolicitors.co.uk/eu-commissioner-stop-moaning-eu-migration-good-uk/ *Today, [EU Commissioner Laszlo Andor](http://www.dailymail.co.uk/news/article-2753677/EU-tells-Britain-stop-moaning-immigrants-putting-strain-schools-housing-healthcare-start-building-places-live.html?ITO=1490&ns_mchannel=rss&ns_campaign=1490) has urged Britain to 'stop moaning' about European migrants in the UK and start facilitating their arrival, along with opening their eyes to see the benefits that Eastern Europeans bring to the UK. Laszlo, highlighted one benefit of EU migration being overseas workers have proven to pay more tax than receive benefits and as a result British workers pay less to the Treasury.  * ## EU Commissioner: do not turn away hard working EU Migrants Although, Andor was expressing the benefits of European migrant coming to Britain to work, study and live. He did admit that the UK would face some problem with a large number of people coming from EU countries. The EU commissioner stated: > "The answer to these problems is to invest in new facilities, housing and services, not to turn away people that are working hard and more than paying their share into the UK's budget. The UK authorities should listen to people where these problems arise, and be prepared to invest in new infrastructure and services to address these problems, rather than simply take advantage of the economic and financial benefits of workers coming from other EU countries." Andor concluded by insisting that EU migration is good for Britain. He acknowledged that the EU single market would result in more jobs and better working conditions for British people. Andor also went on to speak about the benefits of free movement of workers to and from other EU countries. He spoke in terms of more job opportunities, and to employers, in terms of addressing labour shortages and skills gaps. Mobile EU workers usually pay more in tax and social security contributions than they receive in benefits. As a result UK workers have to pay less tax than they would in the absence of workers from other EU countries. He added: > "Workers from other EU countries also tend to be complementary to UK workers, doing different jobs, rather than taking jobs from Brits. Outright competition for the same job is more the exception than the rule." ## EEA Migrant Workers Not to Be Blamed For Seeking Work in UK Prime Minister David Cameron has [stated](http://www.dailymail.co.uk/news/article-2478336/David-Camerons-anger-factories-staffed-foreigners.html) that foreign nationals cannot be blamed for attempting to find jobs in British factories when the error is really within UK schools and colleges for not teaching students the essential skills to do the work. Speaking to a group of apprentices at a Mini factory in Oxfordshire he explained that “poor training and school standards mean young Britons do not have the skills and qualifications to compete.” David Cameron went on to recognize the part EEA workers play in the UK and said: > “You can go to factories in our country where half the people come from Poland, Lithuania or Latvia. You can’t blame them, they want to work, they see the jobs, they come over and they do them. But as a country we ought to be saying no”. ## Successfully applying for an Work Permit & Accession Worker Card UK employers wishing to hire Bulgarian and Romanian nationals must currently apply for a work permit. If this is approved, nationals from these countries must apply for an accession worker card.  Bulgarian and Romanian nationals and their family members who are considering moving to the UK, should seek legal advice from expert UK Immigration Lawyers regulated by the Solicitors Regulation Authority to ensure that they know their options and how they can proceed to the next steps. Feel free to [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of visiting or settling in the UK. --- # UK Immigration: UK to make Visa Process easier for Chinese Tourists Source: https://immigrationandvisasolicitors.co.uk/chinese-migration-chinese-students-entrepreneur-visa-uk-high-net-worth-immigration-home-office-immigration-policy-overseas-students-uk-immigration-uk-immigration-solicitors-lawyers-uk-tier-1/ *[Last week](https://www.gov.uk/government/speeches/chancellors-speech-to-the-first-uk-china-bilateral-investment-conference), at the first UK-China Bilateral Investment Conference, Chancellor George Osborne announced plans to refund the cost of up to 25,000 visas for Chinese tourists in an attempt to attract more visits to the UK. The conference was attended by one of the architects of China’s economic programme, Vice Premier Ma Kai. Osborne said that the conference was a way to announce 'one of the most intense and substantive set of economic and financial measures ever to be agreed between our two countries'.* ## George Osborne: The more Chinese Tourists the Merrier Osborne has said that the economic plan was not just about bringing economic stability to the UK, but it is a way to ensure that Britain is better connected to the fastest merging economies in the world. [One of a series measure](http://www.bbc.co.uk/news/business-29184299) announced at the conference was for Chinese tourists visiting the UK in organised tour group. The UK Government plan to exempt approved Chinese tour groups for requiring transit visas: > "The more Chinese tourists the merrier. I think that will strengthen British aviation, strengthen British airports as hubs for direct routes to China, so that people use British airports as a jumping off point for trips around Europe. Of course one of the really exciting things we see all around is more and more Chinese tourists coming to the United Kingdom and they are very, very welcome." There are also plans to increase frequent flights between China and Britain. A reported £1.6m will be spent on marketing. ## UKCVA: 1.3 million Chinese  Tourists Visit Europe each Year In light of the conference which took place on 12 September 2014, the Home Office are expected to make an announcement in regards to allowing visas to the UK to be made as easy as to the 26 Schengen countries of the EU. [Home Secretary Theresa May](https://www.gov.uk/government/speeches/home-secretarys-speech-on-chinese-nationals-visas) said on Friday: > “We are taking steps to further align the process of applying for a UK visa with the Schengen visa process in China through the development of a “Single Visa Application Centre visit” concept. This would enable customers who visit a UK application centre to submit both UK and Schengen visa applications at the same time. Customers will then receive their decisions back by courier avoiding the need to return to the application centre.” Organisation UK China Visa Alliance (UKCVA) produced a report earlier this year which found that last year 1.4 million Schengen visas were approved compared to 292,000 UK visas: > “What is clear is that over 1.3 million Chinese people travel half way around the world to visit Europe each year but, because they do not have a UK visa, they do not then make the short trip across the Channel to visit Britain. This is a lost opportunity to the UK and its economy. British companies would like the opportunity to compete for a portion of the spending money of these 1.3 million Chinese people in addition to that of our 291,000 existing Chinese visitors.” ## Successful UK Visa Applications for Chinese Visitors Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making visa applications to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Independent Scotland will be Responsible for own Immigration Policy Source: https://immigrationandvisasolicitors.co.uk/independent-scotland-will-be-responsible-for-own-immigration-policy/ *On [18 September 2014](https://www.gov.uk/government/topical-events/scottish-independence-referendum/about), residents of Scotland will vote on the Scottish Independence Referendum. One of the major impacts from independence for Scotland will be responsibility for their own[ immigration policy](http://www.bbc.co.uk/news/uk-29180989). At present Holyrood (Scottish Parliament), has no power over citizenship or immigration policy. If Scotland does become independent, the Scottish Government plans to continue membership of the passport-free travel area with the UK. Those opposed to independence have argued that Scotland would be required to pursue a similar immigration policy to the UK if it wanted to stay in the Common Travel Area.* ## Staying in the UK, means our Economies will Grow Together If the majority vote Yes, Scotland would be entitled to decide its immigration policy. Rob McNeil, the Head of Media and Communications at the Migration Observatory at Oxford University, says much would depend on whether Scotland wanted to maintain the policy that allows movement between England, Wales, Ireland and the Channel Islands. That decision would also determine whether the 40,000 Scots estimated to cross the border daily could continue to do so. He confirmed: > “The UK could also insist border enforcement was invested in so Scotland’s borders were not used as a way in by people to the rest of the UK.” The [Scottish Government](http://www.scotland.gov.uk/Publications/2013/11/9348/11) has argued that the Immigration policy agreed at Westminster does not meet the needs of Scotland. Which has a healthy population growth and this growth is imperative for Scotland's economy. One of the main contributors to Scotland's population growth is migrants who choose to make Scotland their home. The Scottish Government believe that the Westminster Government's policy for the whole of the UK is heavily influenced by conditions in the south east of England. In [contrast](https://www.gov.uk/government/publications/what-staying-in-the-united-kingdom-means-for-scotland/what-staying-in-the-united-kingdom-means-for-scotland#by-staying-in-the-united-kingdom-our-economies-grow-together) to what the Scottish Government believe, by staying the UK the economies can grow together. Many thousands of Scottish jobs are connected to trade with the rest of the United Kingdom. For example, 200,000 Scottish jobs are supported by banking, insurance and finance, and the industry itself estimates that nine out of ten customers live in the rest of the UK. ## If the Vote is 'Yes' The Scottish Government pledge to take more refugees and and to "welcome people who want to come to work and live in Scotland". After a 'Yes' vote the Scottish Government [pledges to](http://www.bbc.co.uk/news/uk-29180989): - Allow the Scottish borders to remain open to all EU nationals, as it would be an EU member; - Open a Scottish Asylum Agency to oversee applications; - Close Dungavel Detention Centre in Lanarkshire and dawn raids would be ended; - Allow British nationals residing in Scotland automatically become Scottish nationals; - Allow Scottish citizenship  by descent, to those who has a parent or grandparent who qualifies for Scottish citizenship; - Allow dual citizenship with the UK; and - Allow UK passports to be recognised until they expire. The [significance](http://web.archive.org/web/20161025234308/http://www.migrantsrights.org.uk:80/blog/2014/09/immigration-policy-after-scottish-referendum) of the referendum for immigration policy will only become clearer during the weeks and months following the vote. What seems certain, though, is that the outcome of this Thursday could have a huge impact on the British political landscape - with implications for migrants' rights both in Scotland and for the rest of the UK.  ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Laws Restricting Businesses from Employing Skilled Workers Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-laws-restricting-businesses-from-employing-skilled-workers/ *Today, [Turkish entrepreneur Efe Cakarel](https://uk.news.yahoo.com/londons-young-techs-anti-immigrant-mood-drag-100939224--sector.html#MyQhSVd) has spoken out about the lack of skills amongst individuals needed to fill vacancies. Four years ago Cakarel chose London as the base for his video streaming company because of the city's reputation as a hub for talented people. The entrepreneur says that his company has half a dozen engineering vacancies that have not been filled for the last year. [T](http://www.migrationobservatory.ox.ac.uk/resources/reports/highly-skilled-migration-to-the-uk-2007-2013/)he Migration Observatory at the University of Oxford published a report focusing on the highly skilled migration to the UK in 2007 – 2013. According to the report the ‘best and brightest oversea workers’ are being kept out of the UK. * ## Efe Cakarel: Without the Right Workers, we can't Expand Cakarel has blamed the UK's Immigration policy for making it harder for businesses like his to recruit oversea s talent. Due to the lack of skills in the UK, Cakarel has said it has cost his 7-year-old company, MUBI, subscribers and revenue. He stated: > "We're ready to grow, but without the right workers, we just can't expand." Carakarel is just one of many companies that is experiencing this type of problem. London’s situation highlights the mounting tension between the needs of city business and the political mood in the country at large. David Cameron has said that he will [reduce net migration](http://www.theguardian.com/uk-news/2014/aug/04/reducing-immigration-slow-uk-economy-tax-rises) to “tens of thousands”* *as he believes that is what UK voters want and recently accompanied law enforcement officers on a raid on suspected illegal immigrants before holding a press conference in the suspects' home. A Government spokesperson has hit out at the criticism: > "It is nonsense to suggest our policies prevent companies appointing the skilled workers they need - the number of skilled people coming to work in the UK was up 16 percent last year. The UK is open for business to the brightest and best migrants and remains an attractive destination for global talent." In July 2014, the Migration Observatory at the University of Oxford published a report showcasing the decrease of highly skilled workers in the UK. ## Dr Carlos Vargas-Silva: Decline in the Number of Recent Migrant Workers in the UK According to the report, there has been a decline of 28% in the number of non-EEA highly skilled RMW  in the UK since 2007. However, there has been a 53% rise within the EEA, with skilled migrants coming from countries such as France, Germany and Spain. The number of non-EEA highly skilled RMW have shown to be the most effected by the Government’s policy to decrease to tens of thousands. The figures show highly skilled migration decreased by 30%, from 155,000 in 2007 to 109,000 in 2010. This number decreased by a further 39% in 2013 to 94,000, in comparison to 2007. [Dr Carlos Vargas-Silva](http://www.migrationobservatory.ox.ac.uk/about/people/dr-carlos-vargas-silva/), co-author of the report said: > “There has been a significant decline in the number of recent migrant workers in the UK who have the highest levels of education and who are in top occupations since 2007, but this decline is driven by a decrease in non-EEA migration. Since 2011 the number of these recent migrant workers who are from EEA countries has increased. Policy makers need to look at whether this has been caused by a “balloon effect” where policies designed to squeeze one sort of migration lead to another sort increasing in size.” ## Are you a Highly Skilled Migrant looking to Work in the UK? Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1, Tier 2, Tier 4 or Tier 5 application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a points based visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Promoting Greater Ties Between East and West Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-promoting-greater-ties-east-west/ *Last week, Britain hosted the first East West Forum event which saw Home Secretary Theresa May present a [speech](https://www.gov.uk/government/speeches/home-secretarys-speech-at-the-inaugural-east-west-forum?) on what the East and the West can learn from one another. The event was attended by business leaders from Germany, India, China and the UK. The Home Secretary spoke on the many improvements that the UK is making to its visas services. From an improved work and student visa offer to ensuring customer satisfaction to the changes to the UK's Chinese and Indian visa services.* ## Home Secretary: What East and West can learn from one another It is the event which took place on 12 September 2014 the Home Secretary said the importance of the event was to generate growth and promote the dialogue: what East and West can learn from one another: > "Controlling immigration doesn’t just mean reducing the numbers, it also means attracting the brightest and best. So today I want to talk about the role a well managed immigration system can play in promoting prosperity, providing educational opportunities, enabling the exchange of culture, knowledge and ideas, and encouraging greater friendship between our countries. The benefits of a well managed immigration system are deeply rooted in British values, and reflect our openness as an economy and society, our liberalism and our tolerance. And as I, and the government, appreciate, if this country is to succeed and win the competition for global talent, then we must be able to attract that talent from whatever it is to be found." She added: > "So I want to say to everyone here today: Britain is open for business and we welcome you here." ## Home Secretary: we must continue to make Improvements to our UK Visa Services The Home Secretary went on to explain the number of improvements made to the UK visa system: - **An improved work visa offer: **Closing down of Tier 1 General route, which found that a third of migrants were unemployed or in low skilled work to opening the Tier 2 route, which only applied for those looking for skilled jobs. As a result there has been a 16% increase in the number of Tier 2 Sponsorship licences to employ highly skilled migrant workers in the last year; - **Customer satisfaction: **There has been a range of enhanced visa services for valued applicants and businesses. Transforming the immigration and border system, abolishing the UK Border Agency, and establishing three new operational commands.  These changes have been made by listening to British businesses and travel companies. These improvements have been primarily directed at Chinese and Indian visitors; - **Chinese and Indian visa services: **Upgraded an entire network of twelve Visa Application Centres in China to increase capacity. In the year to June 2014, almost 390,000 visas to Chinese nationals, up 22% on the year to June 2013. Chinese nationals who apply for a British visa are very likely to get one – with 96% of Chinese visit visas approved. - Indian holds the UK’s largest visa operation in the world and more visa application centres than any other competitor country. In the last year over 400,000 visas in India and 90% of Indian customers who applied for a visa got one. Theresa May says that although she is proud of the continuing improvements being made, she admits that more can always be done: >  "I know we must continue to make improvements if we are going to stay ahead in a competitive marketplace. Importantly, we are working to make it much easier for Chinese people to visit the UK and Europe on the same trip. The changes we have put in place are ensuring that Britain remains an attractive destination, a place where people want to come to work hard, study and enjoy our tourist attractions. As I said earlier, Britain is open to the brightest and best. And I want to see Chinese, Indian, German and many other visitors from around the world coming here to and enjoying all the great things this country has to offer." ## Successful UK Student & Business Visitor Visas  Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Married Couple’s 2 Year Battle with the Home Office Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-married-couples-2-year-battle-with-the-home-office/ *Today, a Norfolk couple have expressed their relief after being granted leave to stay in the UK as a spouse of a settled person. Arlene Watty, a Filipino national entered the UK in 2009 with Tier 4 Student visa, studying health and social care. She met and fell in love with her neighbor Stephen Watty in 2010, the couple got married 2 years later. When Arlene's student visa expired she applied for leave to remain, which was subsequently refused due to Mr Watty not earning the ‘minimum income’ threshold - £18,600.* ## Stephen Watty: the Immigration Rules need to Change Mr and Mrs Watty appealed the Home Office's refusal, which was dismissed as officials explained that the couple's separation would not be  “disproportionate or unjustifiably harsh”. Mrs Watty who was sacked from her full time job at a care home in Hemsby 3 months ago because of the uncertainty of her visa status, explains the two year battle with the Home Office: > "[I] lost hope. My feet were almost on the plane" Mrs Watty explained that she had started working for her husband's fencing and patio business and on her way home she received a missed call from her solicitor. > "I saw we’d had a missed call from the solicitor. We’d just finished a delivery. I saw my mobile phone and my heart was jumping. I pulled over, put it on loud speaker and called back. Because we have been given so much bad news in the past, our first thought was that it was going to be more bad news. And then he said congratulations. We both broke down and just started hugging each other. It feels like a lead weight has been lifted off our shoulders.” Mr Watty added that he believes Home Office’s minimum income rule needs to change: > "I find it unfair that you can’t be in love with someone outside the EU if you’re poor. I thought you had the right to fall in love with anyone, from any country, of any race. The rules need to change.” ## Migrants’ Rights Network: Half of British nationals do not meet Financial Requirements The Migrants’ Rights Network revealed that almost half of British nationals who want bring their spouses to the UK to do not meet the visas maintenance requirements. Findings revealed that those earning less than £18,600 were much higher for those who live outside of London. A UK Marriage Visa or a Spouse visa allows foreign nationals who are married (or in a civil partnership) to a British citizen, or a person who has settlement status in the UK to enter or remain in the UK. If you are based outside of the UK you will need to apply for Entry Clearance in order to join your spouse/civil partner in the UK. Under the immigration rules introduced by Theresa May in 2012, the British or EU national working in the UK must make at least £18,600 a year, in order to apply for a Spouse visa or family visa. The study carried out by the Migrants’ Rights Network, showed that 47% of working British nationals do not earn the required amount to bring a spouse into the UK. The group’s policy director Ruth Grove-White, questioned the kind of society we are portraying; > “This is not just a problem in the immigration rules, it raises questions about the kind of society we want to be – one that respects the right of British citizens to live with their family or one that deems some too poor to have equal rights?” A [Home Office impact assessment](http://www.politics.co.uk/news/2014/06/09/putting-a-price-on-love-half-of-brits-banned-from-living-wit) found up to 17,800 family visas would be affected every year due to the financial requirement. As it was found that the financial threshold of £18,600 is notably higher than the national minimum wage, which is currently around £13,200 a year. ## Are you affected by the ‘Financial Requirement’? The Home Office’s rules on financial requirements affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route. The rules define the basis on which a person can enter or remain in the UK on the basis of their family or private life. If you intend to make an application as the spouse, partner, fiance(e) or proposed civil partner of a British citizen, you and your sponsor will need to meet the financial requirements. If you would like to discuss how the financial requirement may affect you, please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) today and our London immigration solicitor’s will be able to assist you by meeting with you and reviewing your case. If you have had a spouse visa refused on the grounds that you did not meet with the financial requirements, contact us so we can review your case. --- # UK Immigration: Private College’s Tier 4 Sponsorship Licence Revoked Source: https://immigrationandvisasolicitors.co.uk/private-colleges-tier-4-sponsorship-licence-revoked/ *It was reported in the news over the weekend, that an [international student](https://web.archive.org/web/20170704193851/http://www.voice-online.co.uk:80/article/jamaican-student-limbo-college-loses-licence) may be left with no choice but to return to Jamaica with no qualifications or money after her colleges Tier 4 Sponsorship licence was revoked. The student was expected to receive a Edexcel Level 5 qualification and paid the full tuition fee of more than £6000. Education providers wishing to enrol overseas students from outside the EEA are required to ‘sponsor’ them under Tier 4 of the Points Based System. Education providers will need to obtain sponsor licences from the Home Office. * ## UKCISA: our priority is to ensure little impact as possible on innocent students Jatalee Campbell, is a 20 year old Jamaican national who moved to the UK in October 2013 to do a 1 year course in health and social care management at at private institution Williams College UK. At the end of her second semester, she learned that her colleges Tier 4 sponsorship licence had been revoked by the Home Office. Her college which is based in Stratford, East London is  no longer on the official register of organisations approved to sponsor students. Campbell said that her along with other students were reassured by the college at first, but when she turned up to school on 22 June 2014, she was told that she could no longer continue with her course. However, she was told that the college had an agreement to transfer students to the English Language Adventure School (ELAS). Though, this would mean that Campbell would be forced to study a course at a lower level and would still be expected to pay a fee of £850. There was no mention of her getting a refund of the more than £6000 she paid upfront. Campbell stated: > "They told me my only options were to either take this offer or receive a letter giving me 60 days to go back home or apply to another college – meaning I would have to pay the full tuition again.” The international students were faced with a further blow when the proposed merger between ELAS and Williams College UK fell through. Campbell is now faced with the grim reality that she has to go home back to Jamaica with no qualifications and no money. This has angered a lot of people who have accused the Home Office of not protecting the rights of genuine students. Back in June 2014 Immigration and Security Minister, James Brokenshire addressed the issue: > "We are setting up a working group with Universities UK, the UK Council for International Student Affairs (UKCISA), the Higher Education Funding Council for England, the Higher Education Funding Council for Wales, the Scottish Funding Council and the National Union of Students to enable the sector to support those genuine students who may eventually need to find a sponsor." UKCISA added: > “[Our] priority is to ensure as little impact as possible on innocent students [and institutions].  We have highlighted our particular concerns that, with no fee protection scheme, students at private colleges that are entirely dependent on international students could be at most risk.” ## Tier 4 Sponsor’s Responsibilities & Affect on Tier 4 Students A [Tier 4 sponsor licence ](https://web.archive.org/web/20170116001047/http://immigrationandvisasolicitors.co.uk/tier-4-sponsor-licences-education-providers/)should be obtained by educational institutions if they want to enrol students from outside the European Economic Area (EEA). A sponsor licence is valid for four years unless revoked by the Home Office or the institution surrenders it before it expires. The four years runs from the date the licence is granted. To continue sponsoring students, the licence must be renewed after four years. If the licence is not renewed it will expire. If the license expires the educational institution will no longer be listed on the register of sponsors nor will it be allowed to continue sponsoring existing students or recruit new students. All education providers should take their obligations on immigration compliance seriously. If the institutions Tier 4 Sponsorship licence is withdrawn  all CASes or visa letters issued by it will become invalid and all outstanding visa applications will be refused. If students have already been issued visas but not yet traveled to the UK, they will not be allowed to enter the UK to start the courses. International students who are in the UK at the time their institutions licence is revoked they will have a limited period of time to apply to study at another educational institution or leave the UK. ## Legal Advice for Tier 4 Education Providers & Tier 4 Students It is imperative that Tier 4 Sponsors comply with their sponsor duties as failure to do so will lead to the Home Office revoking your sponsorship licence, suspend your licence pending further investigation or reduce the number of CAS you are allowed to assign. If the Home Office has issued you with any of the above penalties, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with expert legal advice on how to proceed. --- # UK Immigration: Labour Plan to Scrap Net Migration Target Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-labour-plan-scrap-net-migration-target/ *It has been reported in the [news today](http://www.theguardian.com/uk-news/2014/sep/23/labour-vows-scrap-net-migration-target-yvette-cooper), that Labour plan to scrap David Cameron's target to reduce net migration to below 100,000. Yvette Cooper, the shadow secretary has spoken out on the target set by the Conservative party, explaining that she believes it completely misleads the Government's immigration policy and has affected the number of international students and family migration to the UK. * ## Yvette Cooper: International University Students should be taken out of the Net Migration Target Cooper has defended international students studying in the UK, stating that there is currently no distinction between the different kind of migrants. For instance, overseas students, low-skilled migrants and people seeking asylum are counted for as the same. If Labour are elected next year,  have vowed to replace the Government's net migration target with a much more strictly defined series of targets and controls which would not include overseas students. The Shadow Secretary: > "We would not have a net migration target because choosing net migration to focus on is the wrong thing. We think immediately what should happen is that students, international university students, should be taken out of the net migration target straight away. What you should instead have is a series of different controls and targets for different kinds of immigration.” The removal of international students from the Government’s net migration target is an [ongoing argument](http://www.telegraph.co.uk/education/educationnews/10934148/Students-must-be-stripped-out-of-immigration-figures.html). The debate is that the continuation of including international students in migrant figures will result in the UK pushing international talent to other countries. ## Decline in the Number of International Students Studying in the UK For the first time in 30 years, there has been a decline in the number of international students coming to the UK. For instance, 435,005 in 2011 to 431,905 in 2012. The number of Indian students coming to the UK has sharply declined, with 20,000 students coming from India in 2012 compared to 33,000 in 2010. Earlier this year, the Lords Select Committee published a [report](https://web.archive.org/web/20171123074007/http://www.parliament.uk/business/committees/committees-a-z/lords-select/science-and-technology-committee/news/international-stem-student-report/) showcasing that an ‘unwelcoming’ UK has led to an unprecedented fall in international Science, Technology, Engineering and Maths (STEM) student numbers. This is a worry considering the [significant contribution](https://www.universitiesuk.ac.uk/universities-uk-international/events-and-news/uuki-news/depth-analysis-reveals-huge-contribution) international students provide to the UK economy and Universities. Nearly 20% of the output generated by universities can now be attributed to the enrolment of non-EU students (£13.9 billion of £73 billion). Money spent by international students (EU and non-EU) on fees and accommodation amounted to £4.4 billion in 2011–12;  £3.8 billion was from non-EU students alone. This expenditure, as well as that spent off-campus, has knock-on effects, generating jobs throughout the UK: of the 757,268 full-time equivalent jobs generated by the higher education sector in 2011–12, 18% of these can be attributed to the enrolment of non-EU students (136,639 jobs). ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # Immigration Act 2014: Reforms to Obtaining British Citizenship Source: https://immigrationandvisasolicitors.co.uk/immigration-act-2014-reforms-to-obtaining-british-citizenship-2/ *In[ May 2014](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/680293/Registration-as-British-citizen-children-of-British-parents-v2.0EXT.pdf), the Immigration Bill received Royal Assent allowing a series of reforms to ensure the UK Immigration System is fairer to British citizens and legitimate migrants and tougher on illegal migrants. One the reforms was a proposal from [Lord Avebury](https://web.archive.org/web/20171119195821/http://www.parliament.uk:80/biographies/lords/lord-avebury/1665)‘s who suggested allowing anyone born before 1983 and whose parents were unmarried at the time of birth to register as a British citizen. Here we will discuss the previous legislation and the amendments to the Immigration Act.* ## Background Information of Previously Acquiring British Citizenship Previously, children born outside the UK to British fathers who are not married to their non-British mothers have not been able to inherit their father’s British citizenship.  Since 1983, this also applies to those born in the UK to such fathers and to a mother who was not British nor settled in the UK. Only the child’s father could pass on a right of citizenship to his child, provided he was married to the child’s mother. Before 1983, a child born in the UK was automatically born a British citizen. The Home Office amended regulations section 9 of the Nationality, [Immigration and Asylum Act 2002, inserting section 4C into the British Nationality Act 1981](http://www.legislation.gov.uk/ukpga/2002/41). This allowed women to confer their British citizenship to their children who were born out side the UK. This regulation came into force on 1 July 2006 and applied only if: - The father was named on the birth certificate and as long as the birth certificate was issued within one year of the child’s birth; or - The father could provide evidence to the Home Secretary that he is the biological father of the child. Such as taking a DNA test or providing other relevant evidence. This proved to be a disadvantage for those born before 1 January 1983 and whose parents were not married at the time of their birth. This was due to the limited avenues to obtaining British citizenship. ## New Law Acquiring British Citizenship When the new Immigration Act 2014 was going through its readings at Parliament, Lord Avebury proposed an amendment to the legislation. His proposal was to allow anyone born before 1983 and whose parents were not married to have the right to register as a British citizen. The UK Government accepted the proposal and the Act received [Royal Assent in May 2014](https://www.gov.uk/government/news/immigration-bill-becomes-law). [Section 65 of the 2014 Act](http://www.legislation.gov.uk/ukpga/2014/22/section/65/enacted) will insert new registration provisions (sections 4E to 4J) into the British Nationality Act 1981 for persons born before 1 July 2006. This includes a registration route for: - Those who would have become British citizens automatically under the 1981 Act had their parents been married. - Those who would currently have an entitlement to registration under the 1981 Act but for the fact that their parents are not married. The 2014 Act is being implemented in phases and a commencement date for section 65 has yet to be announced. Once commencement details have been finalised we will publish them. ## Successful UK Naturalisation/British Citizenship Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a naturalisation/British citizenship application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Deportation of Filipino National with British Family Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-deportation-of-filipino-national-with-british-family/ *[Today](http://www.dailymail.co.uk/news/article-2768284/Barman-worked-UK-12-years-British-parents-sisters-deported-native-Philippines-visa-ran-out.html) in the news, it has been reported that a Filipino national who is the son of British parents and has British siblings has been deported to the Philippines, a country that he has not been back to since he was 4 years old. An increasing number of foreign nationals living in the UK are being subjected to deportation orders. A deportation order requires a person(s) to leave the United Kingdom and authorise his or her detention until he or she are removed by a ‘notice for deportation’. It also prohibits that person from re-entering the country for as long as it is in force and invalidates any leave to enter or remain in the United Kingdom.* ## Ann Widdecombe: Home Office have a Moral Duty to Waive Immigration Rules in Genuine Cases Fredel Buenavista, 32, entered the UK 12 years ago on a student visa. He later applied for a work permit, which the Home Office stated was never granted. Mr Buenavista was detained after failing to appeal the Home Office's decision. Mr Buenavista, who studied here in the UK, got a degree and worked as a barman of the oldest pub in Maidstone appealed the deportation order to no avail. He spent a week in a cell in Dover before being allowed home temporarily, due to his father being taken ill and going to the hospital. > "It’s not right, it’s not fair. They are getting rid of someone who is working and supporting the community. 'It’s starting from scratch. I feel lonely and depressed, I have never lived alone before. I’m trying not to see people to make it easy on myself to leave. I must have done something right in life and been raised well for this many people to care." Mr Buenavista immigration matter has caused outrage amongst his community as 3,000 people had signed a petition to prevent his deportation. It should be noted that Mr Buenavista voluntarily left the UK and will have to wait 12 months before he can re-enter the UK. [ Ann Widdecombe](https://www.express.co.uk/news/uk/515146/Fred-Buenavista-Philippines-immigration-deportation), who was Fred's MP until she retired from Parliament in 2010, angrily stated: > "The treatment of Fred is crazy, iniquitous and brutal. Theoretically the law is right because Fred wasn't born here but after 14 years of being a model citizen he deserved better than to be dumped back in a country he left when he was a small child. The problem for Fred is that he was an easy target. The Home Office knew where he lived and he reported for his interviews with them every fortnight. That made it very simple for them to arrest him and tick the box that said they had cleared up another case." She added: > "I believe the Prime Minister and the Home Secretary have a moral duty to waive the rules in genuine cases like Fred's. Instead of having to spend 12 months in a foreign country Fred should be allowed to apply for a new visa today so he can come back right away to the country which is his real home." ## How Can You Challenge A UK Deportation Order? The process of deportation is justified on the basis that it is for the public good and that this should outweigh the interest of the individual in question – unless the deportation breaches that individuals rights under the Human Rights Act 1998. Deportation can be challenged if it is contrary to the United Kingdom’s obligations under the Refugee Convention or ECHR.  Regard may also be had to other relevant factors which constitute exceptional circumstances. There are two fundamental rights which could be breached when a deportation order is granted are the following Article 3 Human Rights Act 1998 which states that no one shall be subjected to torture or to inhuman or degrading treatment or punishment and/or article 8 Human Rights Act 1998 which states the following everyone has the right to respect for his private and family life, his home and his correspondence and no public authority can interfere with the exercise of that right. ## Legal Advice for Illegal Migrants Contacted by Capita in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. If you have received correspondence from Capita, it is advisable that you seek immediate legal advice before enforcement action is taken against you by the Home Office. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Immigration Case: Detained Fast-Track (DFT) System is Unlawful Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-detained-fast-track-dft-system-is-unlawful/ *Today, a new case came out from the High Court of Justice [Detention Action v Secretary of State for the Home Department [2014] EWHC 2245 (Admin)](file:///C:/Users/LEXUSER/Downloads/14-07-09-Detention-Action-v-SSHD-2014-EWHC-2245-Admin%20(2).pdf). This case challenges the lawfulness of the policy and practice applied by the Secretary of State for the Home Department (SSHD), in the operation of what is known as the Detained Fast Track (DFT). * ## Ms McGahey: Court should be very cautious before making Generalisations of the DFT System DFT is the system for the detention of some asylum seekers, while their asylum claims are determined first by the SSHD, and then while they appeal if the claim is refused. They are detained on the basis that their claim and any appeal can be determined quickly. In summary, Detention Action contends that the DFT system as now operated is so unfair as to be unlawful, and it is unlawful at both common law and as a breach of Article 5 (1)(f) ECHR. This was a general claim, and not one which relates directly to any specific detainee. There was no individual Claimant in this case. Ms McGahey for the SSHD stated that although there might be individual occasions when the DFT was operated unlawfully, contrary to its terms, the Court should be very cautious before making any general findings that the system was unlawful. Ms Lieven QC for the Claimant submitted that the system as it operated created an unacceptable risk of unfairness for asylum seekers, and that detention in the DFT was unlawful on the more general basis that detention in it was unreasonable, arbitrary and disproportionate. There was a high degree of overlap between the factors supporting the two grounds, factors which she said had changed from those accepted as lawful in earlier decisions. The EHRC supported these submissions, contending that the policy no longer eliminated “all risk of arbitrariness”, and that the policy was no longer compatible with Article 5 ECHR. ## Judge: Some Enter the DFT who should be not have Entered it or should be Removed The Judge found that the Detained Fast-Track system is unlawful as it is currently being operated, because lawyers are not involved at an early enough stage. In paragraph 195 of the[ judgement](file:///C:/Users/LEXUSER/Downloads/14-07-08-summary-of-judgment_Detention-Action-case%20(1).pdf) it is stated: > "I have accepted that the basic criterion for entry to the DFT, namely the suitability of the case for a quick and fair decision has not been changed, but the focus on the basic criterion and the lesser focus on specific types of claim, has meant a greater prospect that some enter the DFT who should be not have entered it or should be removed as more of their claim becomes known. As I have gone through the various stages of the DFT process, I have commented on what appear to me to be remediable deficiencies which together fall short of showing that the detention is unlawful or that the process contains so high a risk of an unfair decision that it is inherently unlawful. At each stage, however, it has been the prospective use of lawyers, independent, giving advice, taking instructions having gained the client’s confidence, which has seemed to me to be the crucial safeguard, the crucial ingredient for a fair hearing, whilst maintaining the speed of the process, but which can protect against failings elsewhere, and avoid an unacceptably high risk of an unfair process. I also appreciate that in the RLC case, the Court of Appeal accepted that three days between entry and substantive interview was not inherently unfair." ## Legal Advice for Illegal Migrants Contacted by Capita in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. If you have received correspondence from Capita, it is advisable that you seek immediate legal advice before enforcement action is taken against you by the Home Office. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Immigration Policy holding back UK Economic Recovery Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-policy-holding-back-uk-economic-recovery/ *[Today](http://www.ft.com/cms/s/0/362361ea-4322-11e4-9a58-00144feabdc0.html#axzz3EgrQEvLo), it has been reported that Liberal Democrat Business Secretary Vince Cable has written to Theresa May, warning her that restrictions on workers from outside the EU are beginning to damage the UK's recovery. Cable has called on his Conservative coalition colleagues to scrap their cap on skilled worker visas. Last week, Alistair Cox, chief executive of recruitment group Hays, also issued warnings over immigration fears damaging Britain's economic growth. * ## Katja Hall: These Migrants have Skills that we have a Shortage of in the UK Table has been known to repeatedly clash with the Home Secretary over the immigration policy. He has warned her that if businesses cannot hire the staff with the skill set they require, positions will remain vacant at a "crucial time" for the UK economy. The Liberal Democrat member has suggested that if ministers cannot drop the cap altogether, the Home Office should allow unused allocations from previous years. For example, a total of 6,780 visas were not taken up in the last financial year. Katja Hall, deputy director-general of the CBI, the employers’ organisation has agreed with Cable stating that the limit should be more flexible. > “[These migrants] have skills that we have a shortage of in the UK . . . so these people are essential to our recovery. High quality global journalism requires investment. A lot of the sectors that we rely on to make sure the recovery is strong demand those skills and we cannot find them here in the UK, so we have to make sure our migration system does not act as a break on growth. We want companies to come and invest here in the UK but in order to be able to do that they need to know they can get the people they need." ## Alistair Cox: If we want to build World-Class Businesses in a World-Class Economy we need World-Class Talent [Alistair Cox](http://www.telegraph.co.uk/finance/jobs/11119852/Fear-of-immigration-holding-back-UKs-economic-recovery.html), boss of the white-collar recruiter Hays, has echoed Cable's sentiment for the Government to abandon its net migration target. Describing the cap as 'meaningless' and 'uncontrollable'. He added that the companies he deals with are experiencing problems finding people to fill skilled roles in engineering, manufacturing, energy, construction and IT, potentially putting plans for projects such as HS2 or increased new airport capacity at risk. > "There are high-level jobs being created today in this country which we simply cannot fill. That situation is unlikely to get any easier as the economy continues to recover. We have a straightforward choice: we can keep complaining about it and let our economic growth be less than it would otherwise… or we can say 'No, we don’t want to accept that’ but the answers are not easy. There are a number of things we have to do and some people won’t like it but we have to do it." He added: > "If we want to build world-class businesses in a world-class economy we need world-class talent and we should be 'passport blind’ to that at a highly skilled level." According to statistics released by the Office for National Statistics, in 2013-2014 net migration into the UK rose by almost 39% to 243,000.  In the year to March a total of 560,000 immigrants arrived in the UK, while an estimated 316,000 people left the country. ## Are you a Highly Skilled Migrant looking to Work in the UK? Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1, Tier 2, Tier 4 or Tier 5 application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a points based visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: UK Firms Rely on Migrant Workers to Grow Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-uk-firms-rely-on-migrant-workers-to-grow/ *[Today](http://www.ibtimes.co.uk/uk-immigration-firms-eu-workers-are-more-likely-report-growth-1467712), the Chartered Institute of Personnel & Development (CIPD) have published findings from a survey they conducted which involved 1,000 employers participating. The study found that the majority of employers rely on migrants to fill vacancies due to the experience and commitment migrants show. As a result young British workers are struggling to compete with oversea workers.* ## CIPD: Fast growing Businesses in the UK prefer to Recruit EU Workers and older UK Workers According to [CIPD](http://www.theguardian.com/business/2014/sep/30/uk-firms-turn-to-eu-graduates-cipd), who interviewed 1,000 employers over half of them (51%) have admitted that their businesses have grown due to the hiring of EU migrants. In contrast, only 39% of firms who do not hire migrants have said that their businesses have grown over the last two years. The survey also found: - Fast growing businesses in the UK have suggested that they prefer to recruit migrants from across the EU and older UK workers over hiring individuals under the age of 25 years old; - 60% of migrants, predominately from Latvia and Poland who are in low skilled jobs are graduates; - An estimated 20% of Britain born workers are in low skilled jobs; and - Only 12% of employers admitted to employing migrants because they have lower expectations about pay and employment conditions. Peter Cheese, Chief Executive of the CIPD commented on the findings: > "This is a highly charged political issue, but our research shows that many of the negative assumptions about immigration are untrue. Employers are making rational decisions to employ more experienced and qualified workers from overseas over less experienced UK workers, or are hiring migrants because there are simply not enough applicants in the local labour market. What the vast majority of employers are not doing is hiring migrants to lower the wage bill or offset the need to train the workforce." Mr Cheese also stated that employers recruiting migrant workers are more likely to invest in work experience, internships and apprenticeships. He added: > "The question therefore is not whether ambitious employers who are recruiting migrant workers should be restricted in their efforts to grow their businesses and contribute to the UK economy. It is a broader issue about how do we increase the number of firms looking to grow the capabilities of their workforces and provide more opportunities for job progression. We need to rebalance our jobs economy, to reduce the large proportion of low-skilled jobs, and to invest in a broader skilled more competitive workforce." ## EU Commissioner: Workers from EU are Complementary to UK Workers Earlier this month,  [EU Commissioner Laszlo Andor](http://www.dailymail.co.uk/news/article-2753677/EU-tells-Britain-stop-moaning-immigrants-putting-strain-schools-housing-healthcare-start-building-places-live.html?ITO=1490&ns_mchannel=rss&ns_campaign=1490) urged Britain to ‘stop moaning’ about European migrants in the UK and start facilitating their arrival, along with opening their eyes to see the benefits that Eastern Europeans bring to the UK. He acknowledged that the EU single market would result in more jobs and better working conditions for British people. Andor also went on to speak about the benefits of free movement of workers to and from other EU countries. He spoke in terms of more job opportunities, and to employers, in terms of addressing labour shortages and skills gaps. Mobile EU workers usually pay more in tax and social security contributions than they receive in benefits. As a result UK workers have to pay less tax than they would in the absence of workers from other EU countries. He stated: > “Workers from other EU countries also tend to be complementary to UK workers, doing different jobs, rather than taking jobs from Brits. Outright competition for the same job is more the exception than the rule.” ## Successfully applying for an Work Permit & Accession Worker Card UK employers wishing to hire Bulgarian and Romanian nationals must currently apply for a work permit. If this is approved, nationals from these countries must apply for an accession worker card.  Bulgarian and Romanian nationals and their family members who are considering moving to the UK, should seek legal advice from expert UK Immigration Lawyers regulated by the Solicitors Regulation Authority to ensure that they know their options and how they can proceed to the next steps. Feel free to [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of visiting or settling in the UK. --- # CEO of UK urges Government to ease Visa Restrictions for International Students Source: https://immigrationandvisasolicitors.co.uk/ceo-of-uuk-urges-government-to-ease-visa-restrictions-for-international-students/ *[This week](https://web.archive.org/web/20220528075636/https://www.expatbriefing.com/expat-news/UK-Urged-To-Allow-International-Students-Residency-65976.html), the Conservative Party Conference took place in which the CEO of Universities UK (UUK), Nicola Dandridge attended and participated in "Making the UK the HQ for Global Talent." Ms Dandridge urged the UK Government to ease visa restrictions for international students and make it easier for them to stay and work in the UK once they have graduated. This comes as a new report has revealed that the number of Indian students enrolling in UK Universities continues to fall.* ## UUK Nicola Dandridge: we need an Immigration System that Attracts Skilled People Ms Dandridge explained at the event that countries such as Australia and Canada are seeing an increase in the number of international students attending universities in their countries. She put this down to their 'progressive immigration policies', which allows students to live and work in the country after they have graduated and obtained a degree. Ms Dandridge stated: > "If we attract skilled and talented individuals from around the globe then in turn we will also attract major businesses seeking to employ them. An immigration system that attracts skilled people to our country can be part of a virtuous circle benefiting all of society." ## Number of Indian Students Enrolling Continue to fall As Ms Dandridge aims to convince the Government to ease visa restrictions for international students a new report shows a [decrease](http://www.timeshighereducation.co.uk/news/indian-enrolment-continues-to-fall/2015964.article) in the number of international students from India, Pakistan and Saudia Arabia. 100 institutions in the UK who participated in the survey showed that although there is a growth in the overall  overseas recruitment in the latest academic year, there appears to be a drop in enrollment from certain countries. Data from the Higher Education Statistics Agency show: - The number of Indian students enrolling in their first year in 2012-13 fell from 23,985 to 12,280; - During the same period students from Pakistan and Saudi Arabia also fell by 38% and 35%; - Despite decreases of students from the above there was an increase over the last two years from China, Hong Kong and Malaysia. Making the overall decline in the number of first-year students from overseas from 174,225 to 171,910. The survey also showed that there was a 10% drop in the number of students enrolling in science, engineering, technology and maths courses over the two years. Which are thought to be courses that are popular amoungst students from the Indian subcontinent. On 29 September 2014, at the Conservative Party Conference Ms Dandridge emphasised: > “We do not want to lose our leading position as a destination for the increasing numbers of students who want a higher education overseas.” ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: PM Promises to Restrict EU Freedom of Movement Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-pm-promises-to-restrict-eu-freedom-of-movement/ *Yesterday, [David Cameron](http://www.huffingtonpost.co.uk/2014/10/01/david-cameron-conference-speech_n_5912460.html) delivered a speech at the Conservative Party conference in Birmingham where he stated that he would restrict EU freedom of movement. Mr Cameron has vowed that he plans to negotiate with Brussels in order to give the UK a more detached relationship with the UK.  Earlier this year the Office for National Statistics (ONS) published their [Migration Statistics Quarterly Report (May 2014)](http://www.ons.gov.uk/ons/dcp171778_362934.pdf) which revealed a rise in the arrival of EU citizens to the UK.* ## David Cameron: EU not Working Properly for us at the Moment During the Conservative Party conference which took place on 1 October 2014 in Birminham Mr Cameron expressed that he would not be disappointed if Britain left the EU. When asked how it would of compared to Scotland leaving the union he simply said he felt "about a thousand times more strongly about our UK" than the EU. Mr Cameron went onto say that he will  go to Brussels to negotiate a change in the rules for new members joining the union: > "We will be wanting to make certain at a European as well as a national level that the right of people to work or retire around Europe does not become a right to travel around in order to collect social security benefits or commit crime." [He added](http://www.telegraph.co.uk/news/politics/conservative/11129802/Conservative-Party-Conference-as-it-happened.html): > "What is best for our UK. How do we get the best deal for Britain. That is what I feel strongly about. If I didn't think it was in Britain's interests to be in the EU, I would not argue for it. Let's be frank. It is not working properly for us at the moment." Since the delivery of the speech Mr Cameron has faced a backlash of criticism. The Confederation of British Industry (CBI) described the freedom of movement as 'an essential part of the single market' that should be protected. The director-general of CBI added: > "The EU is the biggest single market in the world and access to it is vital for firms, small and large.” ## Rise in EU Migration to UK Earlier this year ONS revealed there has been a rise in the arrival of EU citizens to the UK. In particular the number of National Insurance numbers issued to overseas workers rose 7% to 603,000 in the year ending March 2014. It seems that of those, there were significant rises in registrations by workers from four EU countries: - Polish registrations were up by 11,000 to 102,000; - Italian registrations rose by 9,000 to 42,000; - Bulgarian registrations climbed by 7,000 to 18,000; and - And Romanian registrations increased by 29,000 to 47,000. Last month, EU Commissioner Laszlo Andor expressed the benefits of European migrants coming to Britain to work, study and live. He acknowledged that the EU single market would result in more jobs and better working conditions for British people. Andor also went on to speak about the benefits of free movement of workers to and from other EU countries. He spoke in terms of more job opportunities, and to employers, in terms of addressing labour shortages and skills gaps. Mobile EU workers usually pay more in tax and social security contributions than they receive in benefits. As a result UK workers have to pay less tax than they would in the absence of workers from other EU countries. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: South African Dad facing Deportation Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-south-african-dad-facing-deportation/ *Yesterday, it was a reported that a South Yorkshire dad is facing deportation despite both his parents being British nationals. Calvin Warring, is a 30 year old South African national who moved to the UK 8 years ago with his parents. An increasing number of foreign nationals living in the UK are being subjected to deportation orders. Just last month [we reported](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/uk-immigration-deportation-of-filipino-national-with-british-family/) a Filipino national was deported despite both his parents and siblings being British.* ## His Parents & Siblings are British Nationals Mr Warring who resides in Bolton with his 3 year old daughter and parents is facing the grim reality of being separated from his family and friends. He had previously submitted two indefinite leave to remain applications, both of which were refused and appeals were dismissed. As a last attempt a third application has now been submitted. Mr Warring spoke out about the stress of being issued with a removal order: > "I can't sleep or eat properly anymore because of this. I worry if I'm deported from the UK, it is my understanding that I will not be allowed to return for 10 years. This would mean that my daughter would be 13-years-old the next time I see her. I dread the thought of me not being there while she grows up." One of Mr Warring's friends has started an online petition to try and keep him in the UK. The petition has drawn more than 400 signatures. The South African national has worked since entering the UK and has never had access to public funds. However, he recently lost his job as a mechanic due to the court order. Mr Warring and his family have reportedly spent over £5000 in an attempt to keep him in the UK. Mr Warring's mother stated: > "Time after time his application has been turned down without any reason as to why. I am a British citizen and so is his father and sister. Even his great grandparents were from here." ## The Process of UK Deportation Where the Secretary of State decides that it would be appropriate to deport a member of a family as such, the decision, and the right of appeal, will be notified and it will at the same time be explained that it is open to the member of the family to leave the country voluntarily if he does not wish to appeal or if he appeals and his appeal is dismissed. When a decision to make a deportation order has been taken (otherwise than on the recommendation of a court) a notice will be given to the person concerned informing him of the decision and of his right of appeal. ## How Can You Challenge A UK Deportation Order? The process of deportation is justified on the basis that it is for the public good and that this should outweigh the interest of the individual in question – unless the deportation breaches that individuals rights under the Human Rights Act 1998. Deportation can be challenged if it is contrary to the United Kingdom’s obligations under the Refugee Convention or ECHR.  Regard may also be had to other relevant factors which constitute exceptional circumstances. There are two fundamental rights which could be breached when a deportation order is granted are the following Article 3 Human Rights Act 1998 which states that no one shall be subjected to torture or to inhuman or degrading treatment or punishment and/or article 8 Human Rights Act 1998 which states the following everyone has the right to respect for his private and family life, his home and his correspondence and no public authority can interfere with the exercise of that right. ## Legal Advice for Illegal Migrants Contacted by Capita in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. If you have received correspondence from Capita, it is advisable that you seek immediate legal advice before enforcement action is taken against you by the Home Office. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # British-Irish Visa Scheme expected to Boost UK Tourism Source: https://immigrationandvisasolicitors.co.uk/british-irish-visa-scheme-expected-to-boost-tourism/ *[Today](http://www.irishexaminer.com/breakingnews/ireland/ireland-and-the-uk-to-announce-new-visa-scheme-644278.html), the British and Irish Government are going to sign a historic visa agreement that will allow international visitors to apply for one travel permit to visit both countries. The new scheme has been created to replace Ireland’s short-stay waiver introduced in July 2011, which allowed visitors on a UK visa to enter Ireland for a short period. The scheme is expected to boost tourism and business visits.* ## Minister for Justice: for the first time Non-EU Visitors will be able to visit both the UK and Ireland The signing of the visa agreement will take place at the Irish Embassy in London by Minister for Justice Frances Fitzgerald and Home Secretary Theresa May. The scheme will come into fruition at the end of the month for Chinese visitors and then at a later date for Indian nationals. Mr Fitzgerald pointed out that the visa scheme will  first be available for Chinese visa, but will eventually apply for visitors from fast-growing non EU markets. [He stated](http://www.irishtimes.com/news/social-affairs/visa-deal-with-uk-to-boost-visitor-numbers-1.1952934) that visitors from these countries: > "will be able, for the first time, to visit both the UK and Ireland, including moving freely between north and south of the island of Ireland on a single visa.” The British-Irish visa scheme will also see the sharing of immigration data between Ireland and Britain. Indian and Chinese can travel to the UK and Ireland if they are applying for the following [UK Visitor](https://www.gov.uk/government/publications/british-irish-visa-scheme/british-irish-visa-scheme) visas: - General visitor visa - Business visitor visa - Child visitor visa - Student visitor visa - Family visitor visa - Entertainer visitor visa - Private medical treatment visitor visa - Sports visitor visa - Parent of a child at school - Approved destination scheme - Student visitors - Prospective entrepreneurs - Visitors undertaking permitted paid employment ## Chinese Tourism Rise due to simplification of the Visa Application Process Earlier this year, the[ Barclays’ Tourist Dynamics report 2014 ](https://web.archive.org/web/20160324082105/https://www.barclayscorporate.com/insight-and-research/research-and-reports/uk-tourism-dynamics.html)was published. According to the report, tourists will spend over £27 billion in the UK in 2017, an increase of 34% on 2013. The report found that in particular Chinese tourism in the UK is expected to grow by 84%, with visitors spending up to £1bn a year in the UK by 2017. The UK is expected to see a strong growth in Chinese tourism spending thanks to the simplification of the visa application process. Richard Lowe commented: > “As George Osborne said, there should be no limit to the number of Chinese tourists who can visit. There’s a number of plans being put in place to allow that to happen and it’s important that those are followed through and as many Chinese visas who want visas do get them and can come and support the UK economy” By 2017, China’s tourists (1.01bn) will be fifth on the list of countries that spend the most in the UK, behind the US (£2.92bn), France (1.79bn), Germany (1.66bn) and Australia (1.35bn). ## Successful UK Visitor Visas Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: PM David Cameron Vows to Scrap Human Rights Act Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-pm-david-cameron-vows-to-scrap-human-rights-act/ *Last week, on the final day of the Conservative Party's four day conference David Cameron announced his [plans](http://www.theguardian.com/politics/interactive/2014/oct/03/conservatives-human-rights-act-full-document) to abolish the Human Rights Act and replace it with a British bill of rights if the Conservatives are re-elected in the 2015 general elections. Mr Cameron did not specify whether the party would withdraw from the European Convention of Human Rights. During the same conference the Prime Minister also announced plans to restrict the EU's free movement.* ## Amnesty International: Human Rights Act has done so much good To the surprise of a lot of people Mr Cameron has vowed to scrap the Human Rights Act and limit the number of European migrants allowed to live and work in the UK. During the 4 day Conservative party conference which took place in Birmingham Mr Cameron announced the Conservative's plans to restore sovereignty to Westminster. According to the 8 page document setting out the plans the present position under the European Court of Human Rights and the Human Rights Act 'is not acceptable'. The fundamental changes put forward by Conservatives with the intention to 'restore common sense and put Britain first' are: - The European Court of Human Rights is no longer binding over the UK Supreme court; - The European Court of Human Rights is no longer able to order a change in UK law and becomes an advisory body only; - There is a balance between rights and responsibilities in UK law; - There is no formal requirement for our courts to treat the Strasbourg Court as creating legal precedent for the UK; and - In all matter related to our international commitments, Parliament is Sovereign. The Conservative's plans have drawn a lot of [criticism](http://rt.com/uk/192264-human-rights-scrap-cameron/).  Kate Allen, head of Amnesty International has expressed: > "It’s disappointing to hear the PM vowing to scrap the Human Rights Act when it has done so much good. We should be defending it." Tim Hancock campaigns director at Amnesty UK added: > "It’s exasperating to hear the Prime Minister vow to tear up the Human Rights Act again - so he can draft ‘his own. Human rights are not in the gift of politicians to give and must not be made a political plaything to be bestowed or scrapped on a whim." ## David Cameron: EU not Working Properly for us at the Moment During the same conference the Prime Minister promised to limit immigration from Europe. Mr Cameron expressed that he would not be disappointed if Britain left the EU. He went onto say that he will  go to Brussels to negotiate a change in the rules for new members joining the union: > “We will be wanting to make certain at a European as well as a national level that the right of people to work or retire around Europe does not become a right to travel around in order to collect social security benefits or commit crime.” [He added](http://www.telegraph.co.uk/news/politics/conservative/11129802/Conservative-Party-Conference-as-it-happened.html): > “What is best for our UK. How do we get the best deal for Britain. That is what I feel strongly about. If I didn’t think it was in Britain’s interests to be in the EU, I would not argue for it. Let’s be frank. It is not working properly for us at the moment.” ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Oxford Vice Chancellor: UK Immigration Visa System ‘Hostile’ towards Students Source: https://immigrationandvisasolicitors.co.uk/oxford-vice-chancellor-uk-immigration-visa-system-hostile-towards-students/ *Yesterday, [Andrew Hamilton](http://www.oxfordtimes.co.uk/news/11519993.UK_immigration_policy_is_harming_country_s_interests__says_Oxford_University_vice_chancellor/), the head of the University of Oxford has said that the current UK Immigration policy is deterring international students from coming to the UK. According to Mr Hamilton the Immigration policy has had  an impact on students particularly from India.  One of the changes in the policy in the most recent years is the closure of the Post-Study Work (PSW) route by the Home Office in April 2012. This has been debated as having an impact on the number of students coming to the UK. * ## Andrew Hamilton 'baffled' by UK Immigration Policy Speaking at his annual Oration, Mr Hamilton expressed his confusion on the treatment of international students who want to come to the UK: > "Wherever I travel in the world, particularly in China and India, one question persists. Why has the UK adopted a visa system so hostile to student entry? I do my best to answer but, frankly, the question baffles me as well. For the first time in decades, the number of international students at our universities has dropped, most markedly from India. Why are we doing this to them and to ourselves?” Mr Hamilton added that research conducted by Oxford University's [Migration Observatory](https://web.archive.org/web/20160716070929/http://www.migrationobservatory.ox.ac.uk:80/reports/thinking-behind-numbers-understanding-public-opinion-immigration-britain) found that the British public are least likely to think of international students when the issue of immigration comes up. He explained: > "Study is the least frequent answer given when the public are asked what they consider the motives for migration to be. Student migration simply isn't an issue for them and there are few votes in restricting overseas student numbers. There are signs that this reality is beginning to dawn across the political spectrum - something to be welcomed and encouraged ahead of the election." ## Impact of Tier 1 PSW Route Closure Tier 1 PSW migrants scheme officially ended on 5 April 2012 and for the first time in 30 years the number of international students coming to the UK has declined. The number of first year students from India coming to the UK has dropped by 25%, meaning in the last two years the number of first year students from India in the UK has sharply declined by 49%. According to HESA’s student data, 39,090 Indian students were enrolled in British universities in 2010-11 for a postgraduate degree but this number fell to 29,900 in 2011-12. Number of Pakistani students fell by 13.4% while those from Saudi Arabia fell by 4%. [Ranjan Mathai, India’s High Commissioner](http://www.hillingdontimes.co.uk/news/asianspotlight/spotlight/10978016._/), has stated that visa restrictions on students’ right to work after finishing their courses is just one of the reasons international students are choosing to go elsewhere. > “Many of the students who I’ve had an interaction with feel that if they’d had a chance to pay their way by staying on for a year – which the system before allowed – then it would make their taking loans and coming to the UK for education more worthwhile, more possible. That’s one reason the numbers have gone down.” Despite the decline of students coming from India and Pakistan, there are are number of [nationalities that have seen an increase](http://www.ons.gov.uk/ons/dcp171778_362934.pdf). In the year ending March 2014, the number of student visas issued to Chinese students was 4,720. ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # GMC Report: More Doctors Coming from the EU to work in the UK Source: https://immigrationandvisasolicitors.co.uk/gmc-report-more-doctors-coming-from-the-eu-to-work-in-the-uk/ *Today, the [Annual General Medical Council](https://web.archive.org/web/20170712023419/http://www.gmc-uk.org:80/publications/25452.asp) (GMC) report revealed that "more doctors than ever" are coming to the UK from Europe. According to the report the number of doctors coming from Europe to work in the UK has increased by 8%. The figure has gone from 5,204 in 2008 to 5,619 in 2013. Making Southern Europe the main source of providing the UK with doctors, overtaking South Asia. This news comes as David Cameron has suggested that he wants to restrict EU's freedom of movement.* ## GMC: 33% of doctors in the UK come from Southern Europe According to the GMC's annual report the number of doctors coming from South Asia and Southern Europe have switched. For instance, in 2008 out of the 5,204 18% were from Southern Europe and 28% were from South Asia. The percentages changed in the year 2013, with 33% of doctors in the UK coming from Southern Europe and 20% from South Asia. The GMC's report [stated](http://www.bbc.co.uk/news/health-29525247): > "Once, the main source of non-UK graduates was south Asia, particularly India, and to some extent the Middle East and Africa. Now, a third of the increase in non-UK graduates are from southern European countries. We do not know all the reasons for these changes but some are already clear - after changes to immigration rules in 2010 it became harder for international medical graduates to secure training and employment here. It also said the economic downturn in Europe and the increased opportunity for European Economic Area graduates to work in the UK following changes in 2004 and 2007 were behind the rise." This news of an increase of European doctors in the UK comes after David Cameron announced last week at the [Conservative Party conference](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/uk-immigration-pm-promises-to-restrict-eu-freedom-of-movement/) he wanted to restrict EU freedom of movement and planned to go to Brussels to negotiate a change in the rules for new members joining the union. ## European Commission suggests new Immigration Restrictions Today, it has been revealed that Mr Cameron has achieved what he wanted in [Brussels](http://www.telegraph.co.uk/news/politics/11150390/David-Cameron-secures-tougher-immigration-restrictions-on-new-EU-numbers.html) as the European Commission has suggested that new immigration restrictions will be imposed on countries that join the EU. According to the European Commission report: > "The possible need for and nature of transitional measures and/or a safeguard mechanism on the free movement of workers will be addressed in the course of accession negotiations on future enlargement. Our strategy takes into account the lessons we have learned with previous enlargements." The new restrictions could potentially last up to 10 years and are said to be a way of avoiding a repeat of allowing 1.5 million migrants from Poland and Eastern Europe into the UK in 2004. The restrictions would apply to new members of the European Union such as Southern European countries like Turkey, Albania, Macedonia, Serbia and Bosnia. ## Legal Advice for EU Nationals & Successful Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Entrepreneur criticises demanding UK Immigration Policy Source: https://immigrationandvisasolicitors.co.uk/entrepreneur-criticizes-demanding-uk-immigration-policy/ *Yesterday, Quill founder Ed Bussey published an article in[ New Statesman](http://www.newstatesman.com/politics/2014/10/immigration-policy-holding-back-uks-tech-boom) arguing that UK businesses need international talent in order to excel in their fields. Bussey, founder of Technology company Quill, has said that his own company has a team of 26 and is currently trying to fill 17 vacancies as they continue to grow at a rate of over 100% year on year. He has blamed the UK education system for not equipping young people with the right skills desperately needed in the tech sector. * ## Quill founder Ed Bussey: Immigration Policies are hitting Small Businesses particularly hard Hundreds of fast growth companies like Quill, who want to bring talent to the UK from outside of the EU must apply for a specialist Tier 2 sponsor licence. Once the licence is obtained, they then must issue Certificates of Sponsorship to their non-EU employees. However as there is currently a cap of 20,700 Certificate of Sponsorship, companies are finding it difficult to employ trained individuals for their businesses. Interestingly in 2013 just 10,179 such visas were granted, well below the 20,700 cap. Since 2003 Europe has produced $30bn technology startups, 11 of them were created here in the UK. The UK tech sector is becoming increasingly popular and in London alone 27% of all new jobs are created by technology-focused businesses. Mr Bussey has warned that the British tech sector in danger of being short staffed due to the lack of skills present in the UK. Mr Bussey did commend the UK Government on the [introduction ](http://www.newstatesman.com/politics/2014/10/immigration-policy-holding-back-uks-tech-boom)of computer science, digital skills and IT into the national curriculum for UK students between the ages of five and 16. But insisted whilst this was a good long term plan for the UK economy it does not provide a solution for the short-term problem at hand. Mr Bussey commented on the opportunity that the UK has: > “There is a game-changing opportunity at hand for Britain, if we can tune the immigration system to the needs of our entrepreneurs and fast-growth businesses: we can become a hub for the international technology and digital talent that other competing economies are turning away.” A report published by Centre for Entrepreneurs and business information experts DueDil, showed that migrant entrepreneurs set up one in seven UK companies. Totaling 14.5% of all UK businesses and employ 1.16 million people in the UK. ## Science and Technology Committee call for simpler Immigration Policy Earlier this year the House of Lords [science and technology committee](https://web.archive.org/web/20220210052449/https://publications.parliament.uk/pa/ld201314/ldselect/ldsctech/162/162.pdf) also called for a simpler UK immigration policy. The committee published a report which revealed that an "unwelcoming UK” has seen a drop of more than 10% in the past two years, in the number of international students studying science, technology, engineering and maths (STEM). Between 2010/11 and 2011/12 the numbers of new international students taking postgraduate taught courses in STEM subjects fell by 13%. The select committee has said that the UK government’s immigration policy is contradictory, as they are committed to reducing net migration, simultaneously they want to increase the numbers of international students (15–20% over the next five years). They stated that the solution to this is for the government to remove students from the net migration figures. In 2012/13  the number of new undergraduates enrolling on STEM courses fell by 5% and then 4% over the same two years. Lord Krebs, Chair of the Committee, said: > “When we really need to send the message that international STEM students will get a warm welcome in the UK, they’re getting the cold shoulder and heading elsewhere. We’ve seen over the last few years how international student numbers have fallen dramatically, in particular from India.  As a result we’re missing out on the talent, the economic and cultural contribution that international students bring when they come here to study, and our competitors are reaping the rewards.” ## Successful UK Points Based Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1, Tier 2, Tier 4 or Tier 5 application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a points based visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Raid: 3 Migrant Workers Allegedly Working Illegally Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-raid-three-migrant-workers-taken-into-cutsody/ *Today, it has been reported that three men had been taken into custody after Immigration Officers raided the Chinese restaurant they were employed by. Two of the Chinese men have been detained for over 6 weeks after background checks on them suggested that they were working illegally. ** Since the Immigration Bill received the [Royal Assent on 14 May 2014](https://www.gov.uk/government/news/immigration-bill-becomes-law) the civil penalty for employing illegal workers has doubled from £10,000 to £20,000. In addition, employers face a fine of £20,000 for paying below the national minimum wage, this is sharp rise from the previous fine of £5,000. These changes is the government’s solution to curb illegal working and warn employers to take the issue more seriously.* ## Employers have a Responsibility to Prevent Illegal Working in the UK The Water Lily Chinese restaurant was subject to an immigration raid on 28 August 2014. Three of the staff members were taken into custody after background checks on them suggested that they were working in the UK illegally. Two of the men have been allegedly accused of overstaying their visa and are currently still in detention. Whilst the third man has allegedly been working in breach of his visa conditions. However, he has been granted temporary release whilst the investigation progresses. The restaurant based in Cavendish Street, Barrow, has been served with a notice warning. This states that the employer faces a fine of up to £20,000 per illegal worker arrested if they fail to prove that the correct right-to-work checks were carried out, such as seeing a Home Office document or passport. As an employer, you have a responsibility to prevent illegal working in the UK by ensuring that your employees have the right to work in the UK. The illegal working provisions of the Immigration, Asylum and Nationality Act 2006 (‘the Act’) came into force on 29 February 2008. Under Section 15 of the Act, the Secretary of State is allowed serve employers with a notice requiring the payment of a penalty of a specified amount where they employ a person aged 16 or over who is subject to immigration control. ## UK Businesses Need to Carry out Thorough Immigration Checks Statistics show that 1,822 civil penalty notices were issued to British employers between January and December 2013 which represents a 50% increase on the previous 12 months, when 1,216 penalties were imposed. The value of penalties issued – £14,107,750 – was up 31% on the £10,775,500 recouped by the Home Office in 2012. Speaking on the data, Derek Kelly, managing director of Parasol stated: > “These findings illustrate the heightened level of scrutiny that employers are now under when it comes to illegal working. More than ever, it’s vital that companies carry out thorough checks and follow the correct procedures when hiring foreign nationals.” To prevent illegal working which could have significant consequences and damaging effects on a business, it is important for employers to check that the documents provided as proof of authorization to work in the UK, have the following: - All documents provided by the employee should be valid; - Employers must ensure that any documents which have photos, are indeed photos of the employee; - Employers must check that the date of birth on documents is consistent with the employee’s appearance; - Employers must ensure that visas obtained by the employee covers the type of work they will be doing, this includes the number of hours they can work; and - If documents provided by the employee have different names, they should be able to give good reasons for this, for example marriage or divorce. ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business and have been affected by the Home Office’s raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Immigration: NLA remind Landlords of upcoming Immigration Checks Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-nla-remind-landlords-of-upcoming-immigration-checks/ *This week, the [National Landlords Association](https://www.nrla.org.uk/) (NLA) has sent out a reminder to landlords about the new requirements of conducting immigration checks on their tenants. From the 1 October 2014 the pilot scheme, which is stated under Part 3 Chapter 1 of the Immigration Act 2014 will be introduced to the West Midlands where landlords will be required to carry out the 'right to rent checks'. This is to ensure that the potential tenant has the  right to reside in the UK.* ## NLA: the Immigration Act will place a Legal Responsibility on Landlords If landlords in the West Midlands fail to comply with the new Immigration Rules they could face a fine of up to £3,000.  The new rules will apply to the rest of the UK in 2015. NLA chairman Carolyn Uphill ensured the organisations support for landlords unsure about the new rules: > "In some areas as early as this December, the Immigration Act will place a legal responsibility on landlords to help prevent illegal immigrants from accessing private rented accommodation. It has always been best practice to conduct a thorough check on prospective tenants, but if landlords don’t do their due diligence on tenants they could be in line for a hefty penalty. The NLA exists to support all landlords to make a success of their lettings business and to ensure they comply with the law." The Home Office has yet to publish specific instructions as to what documents provided by tenants would be considered sufficient. But the following documents are likely to be accepted: - British passport holders will only need to show their current passports. Alternatively, birth certificates, National Insurance number, driving licence, naturalisation certificate or a right of abode certificate would be sufficient documents to prove right to live in the UK. - Citizens from the EU are expected to show as evidence a passport and national identity card or evidence of receipt of UK benefits. - Non-EU citizens should be able to show either a Biometric Residence Permit which states their leave to stay or if they are in the UK for less than 6 months they will have to show their passport which holds a UK Immigration stamp with a valid time limit. ## Mark Harper: We are not asking Landlords to become Immigration Experts Research conducted by the [Online Letting Agents](http://web.archive.org/web/20160403160545/http://www.propertywire.com/news/europe/uk-landlords-immigration-rules-201407249394.html) found that 8 out 10 landlords in the UK feel that the Immigration legislation places too much responsibility on them. Approximately 43% of landlords are not confident that they will comply will the legislation, while 30% are said to be optimistic about the new checks. Former Immigration Minister, Mark Harper stated earlier this year that checks on new tenants are important to ensure that they are entitled to be in the UK. Landlords and agents who fail to make the required checks will be subject to a civil penalty. The Government have published a code of practice for Landlords to ensure that they are complying with the requirements. The [code of practice](https://www.gov.uk/government/publications/right-to-rent-landlords-code-of-practice) includes the civil penalty regime. The Government has insisted that this guidance is not catch out ‘well-intentioned landlords for small mistakes’, but for landlords who knowingly break the rules and provide accommodation to illegal migrants. Mark Harper compared the checks that landlords are expected to make as the same as UK employers are making: > “We are not asking landlords to become immigration experts.  The new regime simply mirrors the existing checks employers are obliged to make which have successfully targeted those employing immigration offenders without a disproportionate burden.” ##  Are you affected by the ‘Immigration Checks’? Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. If you have received correspondence from Capita, it is advisable that you seek immediate legal advice before enforcement action is taken against you by the Home Office. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UKVI Update: UK Visa Applications Processed in Reasonable Time Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-uk-visa-application-processing-times/ *Over the last year we have found that the UK Visas & Immigration have been processing our applications in reasonable time. We have prepared a number of Spouse entry clearance applications which have been granted as well as Tier 2 (general) visas and Tier 1 Investor visas. * For instance, we were instructed in an entry clearance spousal application. Our Immigration Team duly prepared our client’s application with the requisite supporting documents and made detailed representation in preparation for the client to make his visa application in New York, USA. He submitted the application at the end of July 2014 and was granted his visa at the  beginning of September 2014. we've also had clients who have had Tier 1 investor visa applications approved within 2 working days which they have attributed to our efficient preparation of their application. ## Home Office Statistics for Visa Processing Times The Home Office has published a number of statistics covering 2012, 2013 and the beginning on 2014. Please see below: **Indefinite Leave to Remain applications processed between January and March 2014:** - Tier 2 General Migrant switch to ILR took an average of 99.44 days; - Tier 2 Intra Company Transfer Migrant switch to ILR took an average of 63.5 days; - Tier 2 Ministry of Religion Migrant switch to ILR took an average of 122.36 days; - Tier 2 Sportsperson Migrant switch to ILR took an average of 115.5 days; **Naturalisation as a British citizen applications processed from January 2013 to September 2013:** - Between Jan 2013 to Sept 2013 the Home Office received 109150 Naturalisation applications. 104225 of these applications were successful and the average time they took to process was 48.23 days. **SET (O) Long Residency applications processed between August 2013 and September 2013:** - In August 2013: 925 SET(O) applications were received and 635 of these were granted; - In September 2013: 1190 applications were received and 85 of these were successful; - The average processing time for SET(O) Long Residency applications received since 1 August 2013 is 105.36 days. **Biometric Residence Permit applications processed in January 2013 to September 2013:** - During these 9 months 4,990 BRP applications were processed; - 300 applications took over 120 days to receive a decision; - 375 applications took between 91-120 days; - 1,180 applications took 61-90 days; - 1,125 applications took 41-60 days; - 1,110 applications took 16-40 days; - 115 applications took 11-15 days; and - 70 applications took 6-10 days to process. From our own experience our immigration team was instructed in an entry clearance Tier 1 Investor visa application. We duly prepared our client’s application with the requisite supporting documents and made detailed representations in preparation for the client to make her visa application in Canada. Our client submitted her application during the last week of September 2014, she received news that she had been granted her visa during the second week of October 2014. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. ## --- # EU Case Law on Respect of Family Life: Jeunesse v. The Netherlands (2014) Source: https://immigrationandvisasolicitors.co.uk/eu-case-law-respect-family-life-jeunesse-v-netherlands-2014/ *On 3 October 2014, the European Court of Human Rights (ECHR) sitting as a Grand Chamber, ruled against Dutch authorities in a human rights dispute involving a Surinamese mother of three children. The ECHR were considering a refusal to allow a woman to settle in the Netherlands with her family, namely, her husband and three children.* In the case of[ *Jeunesse v. The Netherlands*](http://www.bailii.org/eu/cases/ECHR/2014/1036.html) (Application no. [12738/10](http://www.bailii.org/eu/cases/ECHR/2014/1036.html)), the ECHR declared that the Netherlands decision to refuse a residence permit to the Surinamese mother of three children born in the country, breached their right to respect for their family life. ## Jeunesse v. The Netherlands: Facts of the Case The Applicant, Ms Meriam Margriet Jeunesse, is a Surinamese national, who was born in 1967 and is currently living in The Hague. In March 1987, she met and started a relationship with her now husband, who like the Applicant was born and had always lived in Suriname. The couple had acquired nationality in 1975 when Suriname gained its independence. On 19 October 1991, the Applicant’s husband travelled to Netherlands where in 1993, he was granted Netherlands nationality. The Applicant then unsuccessfully applied for visas to settle in the Netherlands six times until she obtained entry in 1997. The ECHR’s judgement explains that these requests were rejected because “her sponsor was insufficiently solvent, had failed to sign the required affidavit of support or had failed to supply sufficient information required for the assessment of the visa request.” In 1999, the couple married and their first child was born in 2000. The Applicant then applied for a grant of a residence permit, based on grounds of special and individual circumstances, four times but each application was rejected due to non-compliance with the immigration process. During her time in the Netherlands, the Applicant gave birth to three children, all of whom are Dutch nationals. ## Jeunesse v. The Netherlands: ECHR Judgement On 3 October 2014, the ECHR held by a majority that there had been “a violation of Article 8 (right to respect for family life) of the European Convention on Human Rights. The court took into consideration the following: - Apart from the Applicant, all members of her family were Dutch nationals entitled to enjoy family life with each other in the Netherlands; - The Applicant had been living in the Netherlands for more than 16 years (and the Netherlands authorities had been aware of this); - That the Applicant had no criminal record and that settling in Suriname would entail a degree of hardship for the family. The court further considered that the Netherlands authorities had not paid enough attention to the impact on Jeunesse’s children of the authorities’ decision to refuse her request for a residence permit. In paragraph 119 of the judgement, the ECHR stated: “Noting that the applicant takes care of the children on a daily basis, it is obvious that their interests are best served by not disrupting their present circumstances by a forced relocation of their mother from the Netherlands to Suriname or by a rupturing of their relationship with her as a result of future separation. In this connection, the Court observes that the applicant’s husband provides for the family by working full-time in a job that includes shift work. He is, consequently, absent from the home on some evenings. The applicant – being the mother and homemaker – is the primary and constant carer of the children who are deeply rooted in the Netherlands of which country – like their father – they are nationals. The materials in the case file do not disclose a direct link between the applicant’s children and Suriname, a country where they have never been.” ## Contact us for successful Human Rights applications If you believe that you should be granted leave to remain based on your human rights or you are a non EEA family member such as a parent or partner, contact our team for a case assessment. It is clear from the above case that what is required is an in depth analysis of all relevant factors in the case, both for and against an Applicant. Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529. --- # UK Visas Update: Changes to Tier 1 Investor Visa Source: https://immigrationandvisasolicitors.co.uk/uk-visas-update-changes-to-tier-1-investor-visa/ *Yesterday, the UK Government published the ['Statement of Changes in Immigration Rules'](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364371/hc-693.pdf). From 6 November 2014, the minimum investment threshold for the Tier 1 Investor visa is being increased to £2 million. Applicants will have to invest the full amount in order to be eligible for this visa route. Currently the minimum is £1 million and there is a 75:25 split of the investment funds. The changes that will come into force on 6 November 2014  will only apply to applications made on or after that date.* ## Immigration Minister: Tier 1 Investor Threshold will be Raised to £2 million The changes comes as a disappointment, especially due to the short notice of the implementation dates. Implementation dates 20 October 2014, 6 November 2014, 1 December 2014 and 1 January 2015. The Minister of State for Immigration and Security, James Brokenshire laid his [written statement](https://www.gov.uk/government/speeches/immigration-act-commencement-and-statement-of-changes-in-immigration-rules) before the House of Commons on 16 October 2014. According to Mr Brokenshire: > "The Tier 1 (Investor) route is being reformed following recommendations from the Migration Advisory Committee. The minimum investment threshold will be raised from £1m to £2m. The government will also consult further on what sort of investment the route should encourage in order to deliver real economic benefits, and other improvements to the route. A consultation document will be published in due course." ## UK Government Listen to MAC Recommendations In April this year, The Migration Advisory Committee (MAC) published a report on the Tier 1 Investor visa route in which it outlined several options for reform of the investor’s route. These included raising the minimum investment threshold from £1 million to £2 million, widening the investment options to encourage alternatives to gilts and removing the ability of the investment funds to be raised by way of a loan. It seems that the UK government has taken some of these recommendations on board but will be looking into this again in the future. ## Successful UK Tier 1 Investor Visa Applications The changes will come into force on 6 November 2014 and will only apply to  applications made on or after that date. Applicants who currently hold this visa, need not worry as they will only need to invest £1m but will remain subject to the current rules including the topping up rule and the 75:25 split. Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1 Investor visa application (and applications for your dependants) step by step and limit the possibility of failure by complying with the strict letter of law. If you wish to make a £1m investment, you should do so quickly and submit your applications before 6 November 2014 when the new rules are implemented. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Increase of non-EEA Engineers Coming to UK Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-increase-non-eea-engineers-coming-uk/ *Last week, the newspaper for the engineering industry, [reported](https://web.archive.org/web/20151008220903/http://www.theengineer.co.uk/blog/engineering-immigration-shoots-up-to-meet-infrastructure-demand/1019334.article) that Home Office figures showed that 1,171 engineers from non-EU countries entered the UK in 2013/14, up from 859 in 2012/13. It seems that the UK is having to import skilled engineers and figures show that the number of on-EU engineers coming to the Britain has risen by 36% over the past year.* ## Non-EU Engineers Filling UK Roles Statistics revealed by the Home Office refer to work permits (i.e. Tier 2 Visas) issued to non-EU engineers filling roles on the Home Office’s Shortage of Occupation List. The list is used for career information to labour market entrants, job matching by employment agencies and the development of government labour market policies. SJD Accountancy, a contractor services provider to the engineering sector, stated that candidates sponsored by employers on the National Shortage Occupation list can “obtain a work permit under a fast track scheme and occupations include civil, mechanical and electrical engineers.” SJD further state that many more engineers are “being sourced overseas than those sponsored for jobs on the UK National Shortage Occupation list, which itself is ‘a statistically important measure of demand for engineering skills across the board, as well as for specific areas of high priority’.” ## Tier 2 Skilled Migrant Workers Boost UK Economy We commented last month, on a report published by the [Centre for Economics and Business Research](http://www.cebr.com/) (CEBR) in which they found that skilled foreign workers are responsible for an increase of £21obn a year generated by the UK economy. The report revealed that over the last 10 years the total number of non-UK-born individuals in employment had increased from 2.6 million in the first quarter of 2004 to 4.6 million in the first quarter of 2014.  This led to Jamsheed Poncha, head of client services at Lloyds Bank putting forward his opinion: > "The findings of the research clearly demonstrate the strength of the UK economy and its ability to attract a highly qualified professional workforce from around the world. The contribution inward talent can make to key industries is impressive as it ultimately helps the economy to prosper even more." ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Visas Update: Changes to Tier 1 Visa Categories Source: https://immigrationandvisasolicitors.co.uk/uk-visas-update-changes-tier-1-visa-categories/ *Last week, we reported that the Home Office had published the [statement of changes](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364371/hc-693.pdf) to a number of UK visa routes. We focused on the changes to the Tier 1 Investor visa which will see the minimum investment threshold increase to £2 million from 6 November 2014. There are currently 4 categories that makes up Tier 1 of the Points-based system: Tier 1 (Exceptional Talent), Tier 1 (Entrepreneur), Tier 1 (Investor) and Tier 1 (Graduate Entrepreneur). * ## Changes to the Tier 1 (Exceptional Talent) Category The Tier 1 (Exceptional Talent) category applies to those who are seen to have a promising future or are well established in the fields of science, humanities, engineering and the arts. The applicant must be sponsored by a designated competent body. The following changes to this category are: - Applicants will be granted 5 years leave in the UK (previously 3 years); and - The English language requirement will not apply to those applying for an extension. Changes are also being made to the criteria applied to the sponsor of the applicant. This includes the documentary requirements to show  “exceptional talent” and “exceptional promise”, in order for both standards to be assessed in a single application. ## Changes to the Tier 1 (Entrepreneur) Category The Tier 1 (Entrepreneur) category applies for business persons who would like to establish a business in the UK or join and invest into an existing business. The following changes to this category are: - Applicants submitting in-country have to show that they have funds intended to be invested in the business must be in the UK. This is to show that the funds are genuine; - Applicants who have already obtained a Tier 1 (Entrepreneur) visa and wish to apply for Indefinite Leave to Remain have to show they have invested their funds. This only applies to those who have not been required to this in their previous applications; - There will also be a number of technical clarifications in terms of documentation relating to funds being held in joint accounts, multiple bank accounts, or another business; and - There will also be clarifications made to the documentation required for applicants who already have a business established in the UK, to the job creation requirements for indefinite leave to remain, and to the definitions of “Venture Capital firms”, “new businesses” and “property development or property management”. ## Changes to the Tier 1 (General) Category The Tier 1 (General) category was closed in April 2011 but remains open for those currently on the visa to apply for extension until April 2015 and indefinite leave to remain applications until April 2018. The following change to this category is: - Applicants who obtained a Tier 1 (General) visa before the category was closed in 2011 can apply for an extension. The grant period is currently 3 years but could be adjusted to 5 years. The Home Office will assess this once the extension applications have been processed after April 2015. ## Successful Tier 1 Visa Applications Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Investor Visa application](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/), [Tier 1 Entrepreneur Visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) or[Tier 1 Exceptional Talent Visa application](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) step by step and limit the possibility of failure by complying with the strict letter of the law. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # Tier 2 Migrants to Boost UK Economy by £210bn & Changes to Tier 2 Visa Route Source: https://immigrationandvisasolicitors.co.uk/tier-2-migrants-to-boost-uk-economy-by-210bn-changes-to-the-tier-2-visa-route/ *Last month, the  [Centre for Economics and Business Research](http://www.cebr.com/) (CEBR) published a report on behalf of Lloyds bank and revealed that skilled foreign workers are responsible for an increase of £21obn a year generated by the UK economy. The report also revealed that the number of Tier 2 skilled migrant workers in the UK has grown from 2.6m in 2004 to 4.6m in 2014. As we have been reporting over the last week about the [Statement of changes](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364371/hc-693.pdf). There  have been changes relating to Tier 2 of the point based system.* ## Tier 2 Skilled Migrant Workers Estimated £210bn to UK Economy The report published by CEBR proves that skilled migrant workers are proven to be the [driving force](http://www.ibtimes.co.uk/uk-immigration-skilled-foreign-workers-give-uk-economy-210bn-boost-1463480) in the UK economy. Showing that migrant workers are providing an estimated [£210bn boost to the UK economy](http://www.telegraph.co.uk/finance/economics/11066508/Skilled-foreign-workers-boost-British-growth-by-210bn-a-year.html) annually and driving 15% of all output. Jamsheed Poncha, head of client services at Lloyds Bank put forward his opinion of the findings of the report: > “The findings of the research clearly demonstrate the strength of the UK economy and its ability to attract a highly qualified professional workforce from around the world. The contribution inward talent can make to key industries is impressive as it ultimately helps the economy to prosper even more.” According to the report American nationals working in the UK are the most qualified and are working in positions such as engineering or IT. Just last week, website ['The Engineer'](https://web.archive.org/web/20151008220903/http://www.theengineer.co.uk/blog/engineering-immigration-shoots-up-to-meet-infrastructure-demand/1019334.article) published findings from the SJD Accountancy, a contractor services provider to the engineering sector. They showed that the number of engineers from non-EU countries in the UK has risen by 36% over the last year. In 2012/2013 Home Office figures show that 859 non-EU engineers entered the UK and in 2013/2014 this figure rose to 1,171. ## Changes relating to Tier 2 of the Points-Based System Tier 2 route of the Point-based system applies to non-EU migrant workers who have been offered a skilled job position from a licensed employer. Tier 2 is made up of four categories: Intra-company Transfer (ICT), General, Minister of Religion and Sportsperson. The following change to Tier 2 are the following: - Tier 2 (Intra-Company Transfer) and Tier 2 (General):** **An assessment has been added to these two categories in order to analysis the genuineness of the vacancy being offered to the applicant. This has been created to ensure that the sponsor does not exaggerate the job description to meet the Tier 2 skills threshold or to ensure that Tier 2 general applications are given reasonable grounds to believe that the applicant is not qualified for the job. - An already existing requirement in the  guidance for Sponsors is that Tier 2 Migrants is: *they* *cannot be sponsored to fill a position, undertake an ongoing routine role or to provide an ongoing routine service for a third party who is not the sponsor. *This will be replicated in the Immigration Rules for transparency and completeness. - Provisions relating to overseas nurses and midwives will reflect the changes made in the practice by the Nursing and Midwifery Council (NMC). - Applicants applying for an extension under Tier 2 (General) continuing to work with the same employer will be exempt from  from the Resident Labour Market Test. - The NHS are temporarily exempt from the requirement to advertise NHS jobs  via Jobcentre Plus (or Jobcentre Online in Northern Ireland) until 6 April 2015. - The conditions of leave for Tier 2 (Sportsperson) migrants are being amended for applicants to take on additional employment such as sports broadcaster. This is in line with the conditions for migrants in the Creative and Sporting sub-category of the Tier 5 (Temporary Worker) category. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Boarding Schools: Tier 4 Students are Treated like Illegal Migrants Source: https://immigrationandvisasolicitors.co.uk/uk-boarding-schools-tier-4-students-are-treated-like-illegal-migrants/ *[This week](https://web.archive.org/web/20200929162813/https://www.hmc.org.uk/blog/foreign-pupils-treated-like-illegal-immigrants-boarding-schools-warn/), boarding schools across the UK have spoken out about their concern of the treatment of non-EU students. Headteachers have claimed that not only are pupils being treated "like illegal immigrants", recent Immigration Rule changes have seen schools take on the huge administrative burden of overseeing applications from international students. Today we were privileged to attend the Home Affairs Select Committee and Regent’s University joint seminar on Tier 4 student visas. * ## James Brokenshire: International Students not part of Net Migration John Newton, the headteacher of Taunton School which educates students from 35 different countries was present at the school has echoed the feelings of many educators: > "Why is this country treating highly respectable people from around the world like second-class citizens? Why is the government not intelligent enough to ensure that the children who come to me as students are not part of the ludicrous immigration targets it has set itself? Why are we treating them with such disrespect and dishonour when they come to my town? They come and spend money in the shops, they fund the jobs of the employees in this school and we treat them as though they should not be here. It’s pandering to this immigration terror we have that is so backward and so arrogant. We should limit who comes to our country but these students are fuelling universities with great minds, they are fuelling our schools and communities. We are doing a universal good here and we are being penalised for what we do." Despite the ongoing debate that international students should be removed from the immigration figures, James Brokenshire, Minister for Immigration and Security stated at the Tier 4 conference that overseas students are not included in the migration net target. Currently in the UK there are approximately 24,000 international students studying at UK boarding schools. According to the [Independent Schools Council](http://www.isc.co.uk/), with more than 11,000 students coming from Hong Kong, China and Russia. ## Changes to Tier 4 of the Points Based System The Tier 4 Student and Child categories under the points based system are for those international students who wish to come to the UK to study and experience life and culture in the UK. The following changes are being made to the category: - Tier 4 (General) Students applying for a visa or an extension of stay who want to undertake a course at a Higher Education Institution in a discipline set out in Appendix 6 of the Rules are required to hold a valid Academic Technology Approval Scheme (ATAS) certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office. This is stated under Paragraphs 245ZV(da) and 245ZX(ea) of the Immigration Rules. - The Immigration Rules are being amended to clarify  that a new ATAS certificate must be obtained if the course content changes, the course end date is postponed significantly, or if the student wants to start a new course that requires ATAS clearance. ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # ‘Harsh’ UK Immigration Policy Holding Back Tech Entrepreneurs Source: https://immigrationandvisasolicitors.co.uk/harsh-uk-immigration-policy-holding-back-tech-entrepreneurs/ *This week, [TechCrunch’s Disrupt European annual conference](https://web.archive.org/web/20141027070242/http://www.spearswms.com:80/blog/despite-techcrunch-vote-of-confidence-uk-getting-less-hospitable-to-tech-entrepreneurs/) was held in London for the first time. This event saw the coming together of the brightest and best tech gurus hoping to be the next best thing. Despite the international talent available in the UK, it seems that the UK’s harsh immigration policy is holding back the technology sector and as a result of the UK government’s unwelcoming attitude, Canada, Australia and others are racing to attract tech entrepreneurs.* ## UK “Outstripped” by Countries with More Welcoming Visa Systems In April this year, a survey by Tech London Advocates, revealed that the people making up the coalition believe that the tech talent shortage is the single biggest impediment to the future of the sector in London – with 43% pointing to the talent gap and 10% to immigration legislation as the key threats to London technology’s continued growth. Speaking after the conference, Jospéhine Goube, spokesperson for Migreat, an immigration research company stated: > ‘What we see on the ground is that start-up entrepreneurs are struggling with immigration bureaucracy. When you look at how Canada, Australia and other countries like Germany are offering smoother immigration processes for these guys, what we fear is that start-up entrepreneurs are going to move there instead of London.' ## Changes to the Tier 1 (Entrepreneur) Category To add to this, as we reported last week, the Home Office had published the [statement of changes](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364371/hc-693.pdf) to a number of UK visa routes including the Tier 1 Entrepreneur visa route. The following is a summary of some of the changes to this category: - Applicants submitting in-country have to show that they have funds intended to be invested in the business must be in the UK. This is to show that the funds are genuine; - Applicants who have already obtained a Tier 1 (Entrepreneur) visa and wish to apply for Indefinite Leave to Remain have to show they have invested their funds. This only applies to those who have not been required to this in their previous applications; - There will also be a number of technical clarifications in terms of documentation relating to funds being held in joint accounts, multiple bank accounts, or another business; and There will also be clarifications made to the documentation required for applicants who already have a business established in the UK, to the job creation requirements for indefinite leave to remain, and to the definitions of “Venture Capital firms”, “new businesses” and “property development or property management”. ## Successful Tier 1 Entrepreneur Visa Applications & Appeals Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Entrepreneur visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration Visa Update: Select Business Scheme UK Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-visa-update-select-business-scheme-uk/ *Last week, the Home Office announced the ‘[Select Business Scheme UK](https://web.archive.org/web/20141104135341/http://www.prnewswire.co.uk:80/news-releases/uk-visas--immigration-launches-select-business-scheme-uk-to-simplify-visa-applications-for-chinese-partners-of-china-britain-business-council-members-280291732.html?)’, which will be available to members of the China-Britain Business Council (CBBC) and the British Chamber of Commerce in China. The new scheme is a way of simplifying the process  of inviting colleagues from Chinese companies to the UK. * ## Dominique Hardy: the Scheme demonstrates a Further Strengthening of the Relationship between the UK & China The [reduction of the number of documents](https://www.gov.uk/government/world-location-news/uk-visas-and-immigration-launches-select-business-scheme-uk) required under the 'Select Business Scheme' means that representatives of the Chinese businesses will only have to provide an application form, an invitation letter and a letter of employment to support their visa application. Furthermore, under the new scheme UK Visas & Immigration (UKVI) will provide members of CBBC with a welcome pack and will be allocated a single point of contact within UKVI for support. The Regional Manager of China and DPRK, UK Visas and Immigration, Dominique Hardy commented on the new scheme: > "The introduction of the scheme demonstrates a further strengthening of the relationship between UK Visas and Immigration, the China-Britain Business Council and the British Chamber of Commerce in China." The chairmen of CBBC added: > "I wholeheartedly welcome the Select Business Scheme UK, which will streamline the process for companies, and I very much hope that CBBC’s members will take advantage of the service to strengthen links between Chinese and British companies." ## Changes relating to Business Visitors The business visitor category is for people who want to come and do business in the UK for a short time. Business visitors coming to the UK may include academic visitors, visiting professors, teachers accompanying students, film crews and representatives of overseas news media.* *We reported last week that the Home Office had published the [statement of changes](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364371/hc-693.pdf) to a number of UK visa routes. Changes relating to Business visitors are the following: - Allowing scientists and researchers to share knowledge, expertise and advice on an international project which is being led by the UK, Page 6 of 18 provided the visitor is not carrying out research that should be undertaken on a Tier 5 (temporary worker) or Tier 2 (skilled work) visa; - Creating a provision for overseas lawyers, who are employees of international law firms which have offices in the UK, to provide direct advice to clients in the UK on litigation or international transactions provided they remain paid and employed overseas; - Allowing graduates of an overseas nursing school to be admitted as a Business Visitor in order to the sit the Objective Structured Clinical Examination (OSCE) which is required before any overseas nurse can work in the UK under the Tier 2 route. This provision has been included in Part 3 of the Immigration Rules where similar provisions exist for medical graduates taking the Professional and Linguistic Assessments Board (PLAB) Test who are processed as Business Visitors. ## Successful UK Business Visitor Visas Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: 47% of Spouses do not meet the Financial Requirement Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-47-of-spouses-do-not-meet-financial-requirement/ *Earlier this month, [Labour MP Katy Clark](http://www.africanvoiceonline.co.uk/politics/families-kept-apart-by-marriage-visa-rules-says-mp/) called for the financial requirement for spouse visas to be re-evaluated. Ms Clark criticised the current threshold of £18,600 after being contacted by two families who are being forced to live apart after failing to meet the current financial threshold.  According to the UK charity BritCits, an estimated 47% of people working in the UK do not meet the financial requirement. * ## MP Katy Clark calls for Financial Requirement for Spouses to be Re-evaluated In July 2012, the UK government increased the salary requirement for a British person bringing a non-EU spouse into the UK to £18,600. If the couple have children, the amount rises to £22,400, with an extra £2,400 for every child thereafter*. * Ms Clark who is MP for North Ayrshire has taken her concerns to Parliament and asked for the current Immigration Rules to be reviewed. However, she has admitted to lacking confidence in her own beliefs due to the current anti-immigration climate and the Labour party opposing such changes when they debated the issue in Parliament back in 2012. Ms Clark is relying on the stories of two families from her local constituency in hope of strengthening her argument. For example, one of the families are Phillip, a British national and Kyoto Malloy. The couple met in Mrs Malloy's home country of Japan where Mr Malloy was teaching English. They fell in love, got married and returned to the UK. The couple welcomed their first child and Mrs Malloy's visa expired in September 2013. She was forced to return to Japan with their young son, as the couple did not meet the financial requirement for a spouse visa. Mr Malloy is currently looking for a job in order to the satisfy the Immigration Rules and rarely sees his wife and son due to the expense of travelling. ## Changes to the Immigration Rules relating to family and private life There are minor [changes](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364371/hc-693.pdf) and clarifications being made to the Immigration Rules relating to family and private life. In respect of the minimum income threshold requirement under Appendix FM and Appendix FM-SE, the changes are: - Allowing funds to be transferred from a type of investment account which does not count under the rules as an eligible account for cash savings (e.g. because the funds cannot be accessed immediately) to an eligible bank account within the period of 6 months prior to application. - Allowing an academic stipend or grant to be counted as income where it is paid for at least one full academic year, as well as for a 12-month period. - Clarifying that a sponsor or applicant living in the UK can, in calculating their employment or self-employment income, include work undertaken overseas. - Ensuring that where an application relies on the income from employment in the UK of the sponsor and applicant, this must be calculated on the same basis for both parties for the purpose of the income threshold rules. - Allowing an equity partner, e.g. in a law firm, to evidence their partnership income through a letter from an accountant, solicitor or business manager acting for the partnership. - Clarifying how cash savings can be used in meeting a requirement for ‘adequate’ maintenance, where the applicant is exempt from the income threshold requirement. This change also applies to applicants under Part 8 (excluding an applicant who is a family member of a Relevant Points Based System Migrant). - Clarifying that the official documentation to be provided by a person in receipt of a specified disability-related benefit or Carer’s Allowance must relate to that person’s current entitlement to it. ## Are you affected by the ‘Financial Requirement’? The Home Office has responded to the judgment by publishing a [statement](http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/87-min-income-threshold) and has stated that they have paused decision-making on some spouse/partner and child settlement visa and leave to remain applications to enable them to consider the implications of the judgment. If you would like to discuss how the financial requirement may affect you, please call us today and our london immigration solicitor’s will be able to assist you by meeting with you and reviewing your case. --- # UK Immigration: 29,000 Asylum Cases Unresolved Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-29000-asylum-cases-unresolved/ *[Today](http://www.bbc.co.uk/news/uk-politics-29805830), the Public Accounts Committee published its [report](https://web.archive.org/web/20220705140333/https://publications.parliament.uk/pa/cm201415/cmselect/cmpubacc/584/584.pdf) into the UK border and Immigration system. According to the report the UK Visas and Immigration (UKVI) has failed to get a grip on the long-standing problem of asylum backlogs with older cases remaining unresolved and the number of newer cases awaiting a decision increasing. An estimated 29,000 asylum applications dating back to 2007 have not been resolved.* ## Margaret Hodge: UKBA's Performance in dealing with Backlog Cases was not good enough According to the Public Accounts Committee report: - 11,000 asylum applicants have not received an initial decision on their immigration status in the UK; - The Home Office has lost contact with 50,000 people have been refused the right to stay in the UK; and - The Home Office received 16,273 new applications in the first 3 months of 2014. MP Margaret Hodge, Chair of the Committee of Public Accounts, today said: > "The Home Office scrapped the UK Border Agency in March 2013 partly because its performance in dealing with backlog cases was not good enough. However, the Department has also failed to get a grip on the long-standing problem of asylum backlogs, with some 29,000 applications dating back to at least 2007 remaining unresolved. In 11,000 of these cases people have not even received an initial decision on their asylum claim. To make matters worse, the Department is also failing to meet its targets for dealing with newer claims, so it is now creating another backlog for itself. The number of claims awaiting an initial decision was up 70% to 16,273 in the first three months of 2014 compared to the same period last year." She added: > "At the end of 2013-14 there were over 175,000 people whose application to stay in the UK had been rejected, and they are placed into a migration refusal pool to await removal. The number of such cases has not been reduced over time. Some may have left the UK voluntarily, but without exit checks it is almost impossible to know. It is particularly disturbing to find that, when the Department asked Capita to check over 250,000 case records in 2012 and 2013, Capita had been unable to contact over 50,000 people listed. The Department admitted that they did not know where these 50,000 people were." ## Statement of Changes to Appeals & Deportations From 20 October 2014 the foreign criminals and their family members will no longer have the right to appeal against deportation, nor will there be an Administrative review. However, they can make an application for leave to remain based on a protection or human rights claim for which there will continue to a right of appeal if such a claim is refused. There are consequential amendments to the Immigration Rules which delete or amend references to appeals. ## Legal Advice for Illegal Migrants Contacted by Capita in the UK Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. If you have received correspondence from Capita, it is advisable that you seek immediate legal advice before enforcement action is taken against you by the Home Office. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Immigration Update: Tier 4 Student Applications have no Right of Appeal Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-update-tier-4-student-applications-have-no-right-of-appeal/ *Last month, the Home Office announced that from 20 October 2014 there will be no right of appeal for any Tier 4 Student applications or Tier 4 dependent applications. Instead applications made under the Tier 4 points based system will be subject to administrative review if refused. This is part of the new [statement of changes in the Immigration Rules](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364371/hc-693.pdf) published on 16 October 2014.* ## Refusal of Tier 4 Student Applications Subject to Administrative Review Tier 4 Student visa applications made on or after the 20 October 2014 will have no right to appeal. Any Tier 4 applications made before 20 October 2014 will still have the right to appeal even if the application is refused after 20 October 2014. Administrative review will be only be available for applicants where an eligible decision has been made on the following Tier 4 Points based applications: - Leave to remain as a Tier 4 Migrant under the Points Based System; - Leave to remain as the partner of a Tier 4 Migrant under paragraph 319C of the Immigration Rules; or - Leave to remain as the child of a Tier 4 Migrant under paragraph 319H of the Immigration Rules. The Administrative review process will also be available for applicants who have been refused leave to remain, where they do not have the right to appeal. The review aims to tackle case-working errors in a more efficient way then the current appeal process. ## Further Changes to Tier 4 of the Points Based System The Tier 4 Student and Child categories under the points based system are for those international students who wish to come to the UK to study and experience life and culture in the UK. The following changes are being made to the category: - Tier 4 (General) Students applying for a visa or an extension of stay who want to undertake a course at a Higher Education Institution in a discipline set out in Appendix 6 of the Rules are required to hold a valid Academic Technology Approval Scheme (ATAS) certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office. This is stated under Paragraphs 245ZV(da) and 245ZX(ea) of the Immigration Rules. - The Immigration Rules are being amended to clarify  that a new ATAS certificate must be obtained if the course content changes, the course end date is postponed significantly, or if the student wants to start a new course that requires ATAS clearance. ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: European migrants have contributed £20bn to the UK economy Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-european-migrants-have-contributed-20bn-to-the-uk-economy/ *Today, a report published by the [University College London (UCL)](https://www.ucl.ac.uk/news/news-articles/1114/051114-economic-impact-EU-immigration/) found that European migrants have contributed £20bn to the UK economy between 2001 to 2011. This comes one month after David Cameron has very publicly said he would not hesitate to restrict the EU freedom of movement. * ## UK Born Workers were found to have made a Negative Contribution of £591bn to the UK Economy According to the report between 1995 and 2011 European migrants made a 'positive financial' contribution of £4.4bn to the UK economy. During the same period UK born workers were found to have made a negative contribution of £591bn to the economy and migrants from outside the EEA also made a negative contribution of £118bn. The report also showed: - 60 percent of western European migrants who come to the UK have a university degree, compared to 25 percent of eastern Europeans. - Only 24 percent of the British workforce have completed a university degree. - Two-thirds of the £20bn were contributed by  by citizens of original EU countries, such as Germany, France and Italy, while the additional £5 billion was contributed to the UK by residents of eastern European countries. Professor [Christian Dustmann](https://web.archive.org/web/20150925162642/http://www.independent.co.uk/news/uk/home-news/european-union-migrants-add-20bn-to-the-british-economy-in-just-a-decade-9839890.html), co-author of the study, commented on the misconception of migration in the UK and the positives of migration: > "A key concern in the public debate on migration is whether immigrants contribute their fair share to the tax and welfare systems. European immigrants, particularly, both from the new accession countries and the rest of the European Union, make the most substantial contributions. This is mainly down to their higher average labour market participation compared with natives and their lower receipt of welfare benefits." ## David Cameron: EU not Working Properly for us at the Moment During the Conservative Party conference which took place on 1 October 2014 in Birminham Mr Cameron expressed that he would not be disappointed if Britain left the EU. When asked how it would of compared to Scotland leaving the union he simply said he felt “about a thousand times more strongly about our UK” than the EU. Mr Cameron went onto say that he will  go to Brussels to negotiate a change in the rules for new members joining the union: > “We will be wanting to make certain at a European as well as a national level that the right of people to work or retire around Europe does not become a right to travel around in order to collect social security benefits or commit crime.” [He added](http://www.telegraph.co.uk/news/politics/conservative/11129802/Conservative-Party-Conference-as-it-happened.html): > “What is best for our UK. How do we get the best deal for Britain. That is what I feel strongly about. If I didn’t think it was in Britain’s interests to be in the EU, I would not argue for it. Let’s be frank. It is not working properly for us at the moment.” ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Immigration Cap Damaging UK’s Creative Industries Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-immigration-cap-damaging-uk-creative-industries/ *Yesterday, [Neely Reyes,](http://www.huffingtonpost.co.uk/neely-reyes/immigration-cap_b_6107060.html?) the founder and director of Sapphires Model Management wrote a blog for Huffington Post explaining that the immigration cap would damage the UK's creative industries. Earlier this year[ we reported](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/increase-chinese-students-moving-london-study-art-schools/) that a record number of international students were moving to the UK, in particular London to study fashion, design, music and film.* ## UK’s Creative Industries Generating £71.4 billion per year In January 2014, the[ Home Office published statistics ](https://www.gov.uk/government/news/creative-industries-worth-8million-an-hour-to-uk-economy)showing that the UK’s creative industries are now worth £71.4 billion per year to the UK economy. The Home Office's key findings are: - Since 2008 the Gross Value Added (GVA) of the UK's Creative Industries has risen by 15.6 per cent , compared with an increase of 5.4 per cent for the UK Economy as a whole. - Between 2011 and 2012 the GVA increased by by 9.4 per cent. This was higher than any other of the main UK industry sectors. - UK's Creative Industries made up 1.68 million jobs in 2012, accounting for 5.6 per cent of the total number of jobs in the UK. - In 2011 and 2012, the creative industry has the highest rate of employment in comparison to any other industry in the UK. -  In 2011, the value of services exported by the Creative Industries was £15.5 billion (8.0 per cent of total UK service exports). Secretary of State for Culture, Media and Sport, Maria Miller commented on  the statistics: > "These incredible statistics are confirmation that the Creative Industries consistently punch well above their weight, outperforming all the other main industry sectors, and are a powerhouse within the UK economy. We are committed to ensuring that the energy, innovation, skills and talent existing in this dynamic sector continues to translate into economic success, and provide a remarkable platform from which, we can showcase Britain to the world." ## Neely Reyes: Immigration Cap Restrict the Flow of Highly Talented Young People Neely Reyes, the founder and director of Sapphires Model Management has spoken out about the Immigration cap and Rules. Ms Neely has stated that facts such as the statistics above need to be paid more attention to and not ignored. Her involvement in the modelling industry has allowed her to work with boys and girls from all over the world, which has prompted her to defend migrants who choose the UK to work and live. She stated: > "This fact seems to be ignored in the anti-immigration argument and the problem with some kind of blanket cap or applying a points based system to immigration is that it would completely restrict the flow of highly talented but young and unqualified creatives coming into the country to, at the end of the day, help grow our economy in an industry that is becoming more and more important." The statistics have consistently proven that the creative industries in the UK outperform all the other main industries present in the UK. Earlier this year we reported that a* *record numbers of Chinese students were moving to London to study fashion, design, music and film with many of them then going on to setting up their own brand labels or working for some of the world’s best known fashion houses including Vivienne Westwood, John Galliano, Alexander McQueen, Swarovski and Dior. There are now more than 12,000 Chinese students in London, making up the biggest group of international students in London, followed by those from America and India. The University of the Arts London, which includes the Central St Martins School of Arts and Design, London college of Fashion, Chelsea College of Arts and Camberwell College of Arts have been the major inheritors, seeing 100 per cent increase in the number of Chinese students in the past five years. ## Successful UK Points Based Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1, Tier 2, Tier 4 or Tier 5 application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a points based visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: UK is “Magnet” for Highly Educated EU Migrants Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-uk-magnet-highly-educated-eu-migrants/ *Last week, we reported that recent [research by University College](http://www.ibtimes.co.uk/inconvenient-truth-ucl-migration-study-says-nothing-about-uk-immigration-low-pay-1473326) of London revealed that recent migrants pay more in taxes than they receive in benefits. The authors of the report, Professor Christian Dustmann and Dr Tommaso Frattini calculated that the positive fiscal contribution to of EU migrants amounted to £20bn in the decade to 2011. Here, we explore the report in detail and consider the impact migrants have on the UK’s economy.* ## Immigration Study: The Fiscal Effects of Immigration Professor Christian Dustmann and Dr Tommaso Frattini investigated the fiscal impact of immigration on the UK economy with a focus on the period since 1995. The authors of the report indicated that when considering the resident immigrant population in each year from 1995 to 2011, it seemed that: - immigrants from the European Economic Area (EEA) made a positive fiscal contribution even during periods when the UK was running budget deficits; - contributions from immigrants from EEA countries since 2000 have been positive throughout; and - there was strong positive contribution made by immigrants from countries that joined the EU in 2004. Thus, Professor Christian Dustmann and Dr Tommaso Frattini concluded: >  “With respect to the recently arrived immigrant populations, those who came to the UK after 1999, our analysis suggests that – rather than being a drain on the UK’s fiscal system – they have made substantial net contributions to its public finances, a reality that contrasts starkly with the view often maintained in public debate.” ## EU Migrants ‘Highly Educated’  It seems from the report that, 62% of Migrants from Western Europe  (i.e. France, Italy and Spain) who come to the UK each year, have a university degree compared with 24% of the British labour force. For the UK, this is good news as it now attracts the highest number of university educated migrants of any country in the European Union.  This has led to the Shadow immigration minister David Hanson stating: > "This report shows that immigration since 2001 has contributed to the public finances as well as to the economy. However, the impact of different kinds of immigration varies and the system needs to be fair - so we need stronger border controls to tackle illegal immigration and stronger action against employers who use immigration to undercut local wages and jobs, but we should welcome international university students who bring in billions." It is fair to say that the coalition are in agreement, that those who can make a positive contribution to the UK's economy should be welcomed. It is also true to say that the harsh immigration policy may still be deterring those who are capable of making such contributions. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Theresa May Downplays PM’s Net Migration Target Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-theresa-may-downplays-pms-net-migration-target/ *On Monday, [Home Secretary Theresa](http://www.newstatesman.com/politics/2014/11/strong-business-support-immigration-causes-more-trouble-tory-target) May played down the Tories now infamous net migration target announced in 2011 by simply brushing it off as a 'comment'. This came on the same day David Cameron attended the annual CBI (Confederation of British Industry) conference rejecting claims that an EU referendum would damage the UK economy. Furthermore, stating that he is determined to toughen migration controls, despite the concerns of UK businesses.* ## CBI President, Mike Rake: 63% of Members believe Migration is Beneficial to their businesses The Prime Minister, David Cameron's [net migration target](http://www.theguardian.com/uk-news/2014/nov/10/theresa-may-downgrades-cameron-pledge-reduce-net-migration) seems to be getting more and more unrealistic. The PM's vow to reduce migration to below 100,00 seems to have been dismissed by Theresa May as just a 'comment' and the PM's spokesperson describing it as an 'objective'. Whilst speaking to BBC Radio 4, Theresa May stated: > “When we made that comment, when we said … we would be aiming to bring the net migration down to the tens of thousands and we wanted to do that within this parliament – yes we were very clear that was what we wanted to do.” Those who were confused by May's comment decided to go straight to No.10 to get clarification on whether the migration target was just a comment or a promise made by the PM. It was Mr Cameron's official spokesperson who simply stated that 'there is no change', further explaining that the target is an objective that the PM and others are currently working on. A further blow to Mr Cameron's plan to reducing migration is the strong support shown by UK businesses. CBI represents over 190,000 businesses and [Mike Rake](http://www.newstatesman.com/politics/2014/11/strong-business-support-immigration-causes-more-trouble-tory-target) the President of the confederation has made it clear that supporting migration into the UK is a priority for businesses: > "63 per cent of CBI members say that it has been beneficial to their businesses; only 1 per cent say it has been negative. And it cuts both ways: approaching 2m Britons live elsewhere in Europe.The economic evidence shows that immigration is of net benefit. EU migrants pay taxes, collect less benefits than British citizens, and many do not settle in the UK permanently.Immigration has been and is part of the solution to the skills shortages faced by the UK." ## PM David Cameron Insists he want to Stay within a Reformed EU On 10 November 2014, PM David Cameron presented a speech at the [CBI conference](http://www.bbc.co.uk/news/uk-politics-29985949) and made it clear that he does not believe that an EU referendum will destabilize the UK economy. Mr Cameron reminded business leaders in attendance of the time the UK was securing more inward investment than the whole of Europe. Despite his efforts of defending his views on the EU, he insisted that he wanted the UK to stay within a reformed EU that consisted on a common market and co-operation, not an ever-closer union. Deputy Prime Minister, Nick Clegg chose to focus on the positive of the UK being part of the EU. He stated: > "We have always been a great trading nation and an open society... there is simply no future for you all, your country if we turn our backs on the world and try and pull up the drawbridge, if we try and wish away the world around us." Labour leader Ed Miliband was also in attendance and unsurprisingly disagreed with Mr Cameron's views, explaining that he believes the more we contemplate leaving the UK the closer we are coming to exiting the EU. Further stating that the future Labour Government will have a  "pro-business agenda", meaning that they would act in the interest of UK's business leaders. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: GCSE High-Scoring Migrant Students Responsible for London Schools Success Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-gcse-high-scoring-migrant-students-responsible-for-london-schools-success/ *Today, Professor Simon Burgess, of the Centre for Market and Public Organisation at Bristol published a [report](https://web.archive.org/web/20141119091624/http://www.bristol.ac.uk/cmpo/publications/papers/2014/wp333.pdf) which revealed that London's diverse ethnic population explains the success of its schools. Furthermore, the report has claimed that it may not necessarily be down to ethnicity as it is more to do with  recent migration in the UK. as the two do not always go hand in hand. * ## Professor Simon Burgess: London Effect is its Attraction to Migrants and those Aspiring to a Better Life The Study [focused on London](http://www.independent.co.uk/news/education/education-news/hardworking-ethnic-minority-pupils-lifting-schools-results-as-london-effect-takes-hold-9854789.html) and the reasoning behind schools in the Capital outperforming the rest of the UK. Typically, Urban areas are often associated with poor educational standards. But the report has revealed that the ‘London Effect’ is strongest for considerably poor students living in deprived areas. The 'London Effect' has shown that students in London schools score about eight GCSE grade points higher than those in the rest of England. For example, this means achieving eight Cs rather than eight Ds, or eight As rather than eight Bs. [The study](http://www.telegraph.co.uk/education/educationnews/11223747/Schools-with-large-migrant-intake-get-better-GCSE-results.html) looked at 10  ten Census ethnic groups: Bangladeshi, Indian, Pakistani, Black African, Black Caribbean, Chinese, Mixed, White British, Other White, and Other. It found: - White British pupils have the lowest progress measure in both London and the rest of England; - Chinese students and Black African students have the highest progress in the rest of England; - Bangladeshi, Indian and Pakistani students also have the highest progression rate. Mr Burgess stated: > "London simply has a higher fraction of high-scoring pupils. This is not by chance of course; a key part of the London effect is its attraction to migrants and those aspiring to a better life. More speculatively, because of a more integrated school system and because of a larger population of non-White British pupils, more white British pupils have the opportunity for interactions in school with higher-scoring ethnic minority pupils than those outside the capital do. This potential for peer effect spill-overs may cause higher pupil progress." ## Decline in the Number of Higher Education International Students cost the UK Economy £725m Despite the success of GCSE migrant students, there is a decline in the number of international students coming to the UK for a higher education. For instance, the number of Indian students coming to the UK to study declined by 15%. This decline has caused the Universities Minister Greg Clark to travel to India with the aim of selling the UK as a desirable destination to study. According to the Home Office statistics: - In the year ending March 2014, Non-EU long-term immigration for study fell by six per cent to 124,000; - During the same period Tier 4 Student visas granted to Pakistani national fell by 35% (2,511) and for Indian nationals it fell by 12% (1,711). The reason for the decline in the number on non-EU students choosing the UK to study is down to the restrictions of the Immigration Rules. According  to the [Department of Business Innovation and Skills](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/340600/bis-13-1081-international-education-global-growth-and-prosperity-revised.pdf) international students contribute over £7.9 billion per year to the UK economy and education sector. A drop in the number of international student in the UK last year from 239, 000 to 197,000 was estimated to have cost the UK economy £725m. ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # Strict UK Visa Rules to Blame for Fall in International Students Source: https://immigrationandvisasolicitors.co.uk/strict-uk-visa-rules-blame-fall-international-students/ *Last week, the[ findings of a survey](https://web.archive.org/web/20150217130646/http://www.timeshighereducation.co.uk:80/news/foreign-students-sidetracked-by-job-search-and-internships/2016783.article) of current and recent students of the London School of Economics (LSE) revealed that following the removal of the Tier 1 Post Study Work (PSW) visa route, international students were being distracted by the need to obtain work experience or apply for jobs during their course.* Following this, Sir David Eastwood, the University of Birmingham vice-chancellor, stated that post study work visas were an issue that needed to be addressed by the government and stated that we needed to “move towards a more permissive position there”. ## Indian Students Felt “Most Aggrieved” LSE’s study revealed that that 77% of the 1,336 respondents agreed that learners were less likely to come to the UK from overseas as a result of immigration reforms. 68% of Indian students at LSE strongly agreed with this statement compared to 55% of Chinese students. Just under half (49%) of students expressed that they planned to work in the UK upon completion of their studies. Simeon Underwood, the LSE’s academic registrar and director of academic services, told *Times Higher Education* that visa restrictions were “tantamount to closing off opportunities for post-study work altogether” for many students. ## Universities Attempt to Boost Student Recruitment from India It seems that due to concerns that the UK government’s harsh immigration policy may be deterring international students from studying in the UK, senior representatives from the UK higher education sector will [travel to India](https://web.archive.org/web/20150112094609/http://www.independent.co.uk/news/education/education-news/minister-greg-clark-to-address-foreign-students-concerns-over-unwelcoming-uk-9850195.html) next week to encourage students to pursue university education in the UK. Lord Bilimoria and Universities Minister Greg Clark are among the delegates who hope to recruit students from India and also support research, teaching and business collaborations. Professor Sir David said: > “The University of Birmingham is extremely proud of its close and longstanding engagement with India. For more than a century, Indian students have enriched our campus community while our office in Delhi enhances research and teaching collaboration. The appointment of Lord Bilimoria as our Chancellor further underlines this commitment.” ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # VIDEO: Our Immigration Solicitor Interviewed by RT NEWS Channel discussing Visa Hurdles for UK Businesses Source: https://immigrationandvisasolicitors.co.uk/lexlaws-uk-immigration-visa-solicitor-discusses-visa-problems-businesses/ *LEXLAW ImmigrationTeam Solicitor, Aisha Choudhry is featured on international television channel [RT News](http://rt.com) in a news item discussing UK Business Immigration. Aisha discussed the Immigration Rules restricting businesses in the UK from employing overseas skilled workers.* [ ](http://youtu.be/qDudfjPRpec) ## UK's Tech Industry Held Back by Sluggish Visa Process Aisha opined that Home Secretary Theresa May MP is dangerously and indiscriminately massing all migrants into one category. She believes that there is too much focus (and intended political publicity) on sham marriages and Tier 4 Students who are abusing the UK immigration system, as oppose to those migrants (that the UK economy needs) who want to invest a significant amount of money into the UK such as Tier 1 Investors and Entrepreneurs. Despite the international talent available, it seems that the UK’s harsh immigration policy is holding back the technology sector (as well as other parts of industry and commerce) as a result of the UK government’s unwelcoming attitude which is led by a poll-sensitive rather than economic and societal sentiment. In addition to this, it seems that the UK government’s harsh immigration policy is also deterring international students from studying in the UK and those exceptionally talented students who are already in the UK cannot take advantage of the Tier 1 Post Study Work route which was closed to new applicants on 5 April 2012. ## Successful UK Sponsorship Licence Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a sponsorship licence and associated visa application step by step and thereby limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and assist with Judicial Reviews of refused Tier 2 and Tier 4 sponsorship licence applications. We have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a licence or visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UKVI Update: Fast Track British Visa Service for Tourists & Businessmen Source: https://immigrationandvisasolicitors.co.uk/ukvi-update-fast-track-british-visa-service-tourists-businessman/ *Last week, UK Prime Minister, [David Cameron announced](http://www.independent.co.uk/news/world/politics/superfast-visa-service-to-attract-rich-tourists-9857210.html) that the UK will expand its fast track 24 hour visa service to include New York City, United Arab Emirates and Paris. It seems that the Government is looking to attract rich tourists and business executives to boost the UK economy. Currently the scheme is only available in India and China, but will now be extended to seven other countries.* ## Super Priority UK Visa Service Last year, the UK government introduced the super-priority service in India which then became available in China. Now, in a move to attract wealthy foreign tourists and business people, the government will be extending the scheme to include South Africa, United Arab Emirates, Thailand, Philippines, New York City and Paris. The 24 hour service is aimed at business leaders, investors and wealthy tourists who need to travel urgently and is part of the government’s efforts to attract more tourism and investment in Britain. The visa service which will cost £600  to use, will mean that applicants can get a decision on their application on the same day. ## Drive to Boost Investment in UK Figures released by David Cameron’s office show that about 40% of visa applications in New York already use the priority visa service, which turns applications around in 3 to 5 days. This indicates that there certainly seems to be a demand for processing applications in a prompt manner. [Speaking on the new scheme](http://www.telegraph.co.uk/news/uknews/immigration/11227191/Wealthy-foreign-tourists-and-business-people-to-be-given-fast-track-British-visa.html), David Cameron said: >  "As part of our long-term economic plan, we are determined to do everything we can to back business, support investment and create jobs. > > > “We are already taking action on that front including cutting corporation tax to the lowest rate in the G7 but we’ve got to keep listening to business about what more we can do to support them. And this new 24 hour service is another way we can help – it will persuade more business travellers, investors and tourists to visit Britain, to trade with Britain and to expand in Britain. > > > “This is good news for British business and tourism, helping us to build a more resilient economy and secure a brighter future for Britain." ## Successful Business / Tourist Visa Applications Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a successful visa application step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # UK Immigration Law: Can Home Office Deny Julien Blanc a Visa? Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-law-can-home-office-deny-julien-blanc-visa/ *Following the controversy surrounding Julien Blanc’s intentions to visit the UK, LEXLAW ImmigrationTeam Solicitor, Aisha Choudhry  was interviewed by Lianna Brinded from International Business Times (IBTimes). Aisha Choudhry answered the pertinent questions over immigration law in the UK and whether the Home Office can deny Julien Blanc a visa. The full article can be read [here](http://www.ibtimes.co.uk/julien-blanc-how-racist-sexist-pick-artist-can-be-banned-without-committing-crime-1475402).* Julien Blanc, a controversial ‘pick up’ artist, has been criticised over seminars in which he is said to teach men sexually abusive and racist methods to attract women. In a recent interview with [The Guardian](http://www.theguardian.com/politics/2014/nov/14/home-office-minister-julien-blanc-visa), Home Office minister Lynne Featherstone spoke out publicly to say that she was lobbying Theresa May to examine the grounds for denying Julien Blanc a visa. ## UK Immigration Rules: General Grounds for Refusal The UK Immigration Rules include provision for an application to be refused under the "general grounds for refusal". The Home Office has detailed internal guidance on the general grounds for refusing an application with separate guidance for applications for entry clearance or applications for leave to Remain. Speaking to the IBTimes, our immigration solicitor Aisha Choudhry explains that: > “The Home Office can generally refuse most applications if they feel that the application or the applicant falls under the 'general grounds of refusal', which are set out in paragraph 320 of the Immigration Rules. > > > This can be done at the stage of the applicant's initial entry clearance application or in some situations after their visa has been granted. > > > If the Secretary of State wishes to do so, she can curtail or vary an applicant's leave even after they have entered the UK.” ## Paragraph 320 of Immigration Rules In Julien Blanc's case, as he will be making an entry clearance application, the Home Office case worker would consider paragraph 320 of the Immigration Rules. In so considering this rule, the Entry Clearance Officer may refuse an application if they deem that the exclusion of the person from the UK is conducive to the public good. The [Home Office case worker](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/348118/GGFR_Sec5v18_0_EXT.pdf) would check the following regarding the applicant: - adverse behaviour; - non-conduciveness, adverse character, conduct or associations (criminal history, travel ban, non conduciveness to public good, a threat to national security); - adverse immigration history; and - adverse medical health. It has been reported that Julien Blanc visited the UK before the online petition was launched; he is scheduled to tour London on 27 November and will return to London again in March and April 2015. ## Legal Advice for Visitors Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a successful visa application step by step and limit the possibility of failure by complying with the strict letter of the law. If you are concerned that your application may be refused under consideration of paragraph 320 of the Immigration Rules, contact our team who will be happy to consider your matter in detail and explore your options. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa application refused, contact us to discuss your case so that we can provide you with a case assessment. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # UK Migration: Increase in Migrants Acquiring British Citizenship Source: https://immigrationandvisasolicitors.co.uk/uk-migration-increase-migrants-acquiring-british-citizenship/ *Figures [released by Brussels](http://www.mirror.co.uk/news/uk-news/more-migrants-granted-citizenship-uk-4654077) yesterday, revealed that Britain had granted more migrants citizenship in 2012 than any other country in the European Union. The figures show that 193,900 migrants were granted British passports over the year accounting for nearly a quarter of the EU total. Those granted British citizenship will have unrestricted entry to the UK and will be free to work within the UK with no restrictions.* ## Brussels: Increase in UK Citizenship It seems that most of those who were granted citizenship were from India (14.6%), followed by Pakistan (9.5%), Nigeria (4.6%) and Philippines (4.2%). On a whole, records show that Britain topped the list of those EU member states granting citizenship, with 23.7%, followed by Germany on 14%, France on 11.7%, Spain on 11.5%, Italy on 8% and Sweden on 6.1%. Speaking on the latest figures, Carlos Vargas-Silva, deputy director of the Migration Observatory at Oxford University commented: > "The UK is the leader in terms of people acquiring citizenship in the EU and one of the reasons this is happening is because of migration from the Commonwealth. They come to join established networks and families so they want to acquire citizenship." An interesting fact to note is that the average age of new EU citizens was 31 and more than a third were under 25. ## British Citizenship is a “Privilege” Those wishing to apply for British citizenship by naturalisation may be able to do so if: - they are 18 or over; - they are of good character; - they will continue to live in the UK; and - they have met the knowledge of English and Life in the UK requirements. The Home Office recognises that British citizenship is a privilege and expects those wishing to settle in the UK to demonstrate they are ready and able to integrate into society. A Home Office spokesman states: > "This government has made the acquisition of citizenship harder and all applicants are required to pass both the new, revised Life in the UK test and have the relevant English language speaking and listening qualification.” ## Successful UK Naturalisation/British Citizenship Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a naturalisation/British citizenship application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Does UK Visa Financial Requirement Discriminate Against Families? Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-does-financial-requirement-discriminate-against-families/ *In 2012, the UK government introduced a new minimum income threshold requirement (financial requirement) for family migration from outside the European Economic Area (EEA). British nationals who wish to sponsor a non-EEA spouse must demonstrate a minimum annual income of £18,600; should the British national wish to bring a child to the UK in addition to the spouse, the minimum income requirement increases.* Recently, The Migration Observatory at the University of Oxford considered the new financial requirement and highlighted migrants rights groups concerns that the immigration policy discriminates against lower income individuals. ## What is the current Home Office Financial Requirement? The Immigration Rules were amended on 9 July 2012 to introduce a financial requirement to be met by a person applying for leave to enter, leave to remain and indefinite leave to remain in the UK on the basis of their family life with a person who is: - British Citizen; or - present and settled in the UK; or - in the UK with refugee leave or humanitarian protection. The rules specify that a sponsor must be earning £18,600 per annum before they can sponsor their spouse, unmarried partner or same sex partner to enter or remain in the UK. Although there are provisions for combining the earnings of the sponsor and the applicant; this has proved to be problematic for many individuals. ## Statistics: British Citizens who do not meet the Financial Requirement According to a [Labour Force Survey](http://migrationobservatory.ox.ac.uk/commentary/love-and-money-how-immigration-policy-discriminates-between-families) this year, 28% of British males are not eligible to sponsor a partner, 38% are not eligible to sponsor a partner plus one child and 44% are not eligible to sponsor a partner plus two children. It seems that 57% of British females are not eligible to sponsor a partner, 67% are not eligible to sponsor a partner plus one child and 72% are not eligible to sponsor a partner plus two children. Interestingly, 43% of White British nationals are not eligible to sponsor a partner compared to 51% of Non-White British nationals. Sadly, 60% of British citizens aged between 20-29 years old are not eligible to sponsor a partner as their gross annual income is lower than £18,600. ## Are you affected by the 'Financial Requirement'? The Home Office's rules on financial requirements affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route. The rules define the basis on which a person can enter or remain in the UK on the basis of their family or private life. If you intend to make an application as the spouse, partner, fiance(e) or proposed civil partner of a British citizen, you and your sponsor will need to meet the financial requirements. If you would like to discuss how the financial requirement may affect you, please  [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) today and our London immigration solicitor's will be able to assist you by meeting with you and reviewing your case. --- # UK Startups Suffering from “Strict” Immigration Policies Source: https://immigrationandvisasolicitors.co.uk/uk-startups-suffering-strict-immigration-policies/ *This month, some of the world’s most talented innovators attended the [Innovate UK event](https://www.gov.uk/government/news/innovate-uk-2014-bigger-and-better-than-ever) which took place in London. The event which took place over two days was attended by 2000 people from 30 countries. Vince Cable, the Business Secretary a speaker at the event, spoke out against the UK’s harsh immigration policy and said it was difficult to comment on the policy without being disloyal to his colleagues at the Home Office.* ## UK Immigration Policy “Politically Toxic” The Business Secretary for the UK, Vince Cable, told the attendees that UK’s current immigration policy was “politically toxic.” He stated that one newspaper may report an immigration story in a positive light, while another newspaper on the other side of the political spectrum would write the story negatively. Vince Cable stated: > “Immigration is a very, very tricky issue…we’re trying to argue an economically rational case for certain categories of people - highly skilled entrepreneurs and overseas students – who can come in with the minimum of impediments. But you do need to understand the awkward political situation we’re operating in.” ## UK “Outstripped” by Countries with More Welcoming Visa Systems In April this year, a survey by Tech London Advocates, revealed that the people making up the coalition believe that the tech talent shortage is the single biggest impediment to the future of the sector in London – with 43% pointing to the talent gap and 10% to immigration legislation as the key threats to London technology’s continued growth. Speaking after the conference, Jospéhine Goube, spokesperson for Migreat, an immigration research company stated: > ‘What we see on the ground is that start-up entrepreneurs are struggling with immigration bureaucracy. When you look at how Canada, Australia and other countries like Germany are offering smoother immigration processes for these guys, what we fear is that start-up entrepreneurs are going to move there instead of London.' ## Successful Tier 1 Entrepreneur Visa Applications & Appeals Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Entrepreneur visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration & Security Minister Speaks out on ‘Right to Rent Checks’ Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-immigration-security-minister-speaks-right-rent-checks/ *Today, the Immigration and Security Minister James Brokenshire has spoken out on his opinion of the new Immigration Rules **requiring landlords to check tenants' right to be in the UK. Back in October 2014 the Home Office announced that landlords of private residential property will need to check that tenants have a right to rent in the UK before letting a property to them. From 1 December 2014 Part 3 Chapter 1 of the Immigration Act 2014 will launch in Birmingham,Walsall, Sandwell, Dudley and Wolverhampton. * ## James Brokenshire: Law Abiding Landlords and Home Owners should welcome these New Powers According to the Immigration Minister despite [concerns](http://web.archive.org/web/20160403160545/http://www.propertywire.com/news/europe/uk-landlords-immigration-rules-201407249394.html) of landlords in the UK, Immigration Rules are implemented in order to have a fair but controlled hold on immigration. The Minister also believes that by introducing such Acts the UK is more likely to become a less attractive place to illegal migrants. There is an estimated 85% of illegal migrants living in private rented properties. If landlords in the West Midlands fail to comply with the new Immigration Rules they could face a fine of up to £3,000.  The new rules will apply to the rest of the UK in 2015. In an article written by the Minister for the website 24dash.com, he stated with regards to the immigration checks: > "The checks should only take a few minutes, and if a tenant has sent their documents to the Home Office, landlords can use our free online checking service to find out their eligibility within two days. The rules will not just apply to the named tenant, but all residents over 18 living in a property. However, to protect vulnerable groups and avoid double regulation, hostels, refuges, local authority housing and student accommodation provided by an education institution are exempt from the changes. Cracking down on illegal immigration and targeting those who profit from it are vital in their own right, but there are further benefits. Law abiding landlords and home owners should welcome these new powers. They will improve the system for everyone." ## Who can Occupy Residential Accommodation in the UK? Under the scheme, individuals will fall into the following three broad categories depending on their immigration status: - **Unlimited Right to Rent:** This applies to British citizens, EEA, Swiss nationals and people who have the right to reside in the UK or who have been granted indefinite leave to remain or have no time limit on their stay in the UK (A landlord will not be liable for a civil penalty if they rent accommodation  by someone with an unlimited right to rent in the UK). - **Time-limited Right to Rent:** This applies to people that have valid leave to enter or remain in the UK for a limited period of time; or they are entitled to enter or remain in the UK as a result of an enforceable right under European Union law or any provision made under section 2(2) of the European Communities Act 1972 (in order to avoid a penalty a landlord will need to conduct follow-up checks on people who come under this category). - **No Right to Rent: **This applies to people who do not have permission to be in the UK (landlords will face a hefty fine if they lease accommodation to someone who has no immigration status in the UK). ## Are you affected by the ‘Right to Rent Checks’? Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. If you have received correspondence from Capita, it is advisable that you seek immediate legal advice before enforcement action is taken against you by the Home Office. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Home Office Announces Plans to Tackle Sham Marriages Source: https://immigrationandvisasolicitors.co.uk/home-office-announcement-plans-tackle-sham-marriages/ *Today, UK Immigration and Security Minister James Brokenshire [announced](https://www.gov.uk/government/news/new-powers-to-tackle-sham-marriage-announced?) new powers to tackle sham marriages. Under the new rules all marriages involving non-EEA nationals who have limited leave in the UK or who have no immigration status will be subject to referrals by the registrars to the Home Office if suspected to be in a relationship of convenience.* ## James Brokenshire: UK Immigration Act to root out those abusing Marriage Laws From 2 March 2015 under part 4 of the Immigration Act 2014 a new referral and investigation scheme will be implemented and introduced across the UK. This means that any marriages and civil partnerships taking place in the UK involving a non-EEA national are allowed to be investigated by the Home Office. This is to ensure the validity of the relationship. The Home Office currently has up to 28 days to investigate a suspected sham marriage, but under the new rules will be able to extend this period to 70 days. Couples who do not satisfy the Home Office's investigation will not be able to marry on the UK. Today, James Brokenshire published a written statement: > "The new Immigration Act enables us to take tougher action to crack down on those who try to cheat our immigration system by abusing marriage laws. In 2013-14, we intervened in more than 1,300 sham marriages – more than double that of the previous year. Our reforms have already seen around a 60% rise in arrests in just three months since widening the duty on registrars to inform the Home Office of suspected sham marriages and strengthening our joint working with them. We will not tolerate those who seek to abuse marriage as a means of cheating their way into staying in the UK. The Immigration Act will help us root out this abuse and ensure those involved face the consequences." Yesterday, [Enfield Borough Council](http://www.enfieldindependent.co.uk/news/11621315.Sham_marriages_exposed/) revealed that in the last 5 months they have prevented 12 marriages from going forward due to the lack of credibility of the relationships. Councillor Andrew Stafford, Enfield Council’s cabinet member for finance credited the Council's close relationship with the Home Office in the success of preventing sham marriages in the UK. ## Changes relating to Marriage/Civil Partnership Visitors According to the [Statement of Changes in the Immigration Rules](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364371/hc-693.pdf) which was published 16 October 2014 the following change is being made to Marriage/Civil Partnership Visitors: - Individuals who wish to come to the UK to get married or form a civil partnerships must have an entry clearance visa for this purpose. This applies to all applicants regardless of their nationality and is being implemented in order to prevent anyone from entering into a sham marriage or sham civil partnership purposely. ## Legal Advice & Successful UK Marriage/Civil Partnership Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Business Immigration Changes Implemented in November 2014 Source: https://immigrationandvisasolicitors.co.uk/uk-business-immigration-changes-implemented-november-2014/ *This month, a number of immigration changes have come into force which employers in the UK should be aware of if they want to employ migrants. These [statement of changes](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364371/hc-693.pdf) in the Immigration Rules were published by the Home Office on 16 October 2014. The following changes regarding businesses in the UK were put into practice on 6 November 2014. * ## Changes relating to Tier 2 of the Points-Based System Tier 2 route of the Point-based system applies to non-EU migrant workers who have been offered a skilled job position from a licensed employer. Tier 2 is made up of four categories: Intra-company Transfer (ICT), General, Minister of Religion and Sportsperson. The following change to Tier 2 are the following: - Tier 2 (Intra-Company Transfer) and Tier 2 (General):** **An assessment has been added to these two categories in order to analysis the genuineness of the vacancy being offered to the applicant. This has been created to ensure that the sponsor does not exaggerate the job description to meet the Tier 2 skills threshold or to ensure that Tier 2 general applications are given reasonable grounds to believe that the applicant is not qualified for the job. - Applicants applying for an extension under Tier 2 (General) continuing to work with the same employer will be exempt from the Resident Labour Market Test as long as the application is made within 28 days of the expiry date of their visa. ## Changes to Tier 5 Youth Mobility Scheme The Tier 5 Youth Mobility Scheme applies to young people from Australia, Canada, Japan, New Zealand, Monaco, Taiwan and Republic of Korea. With this visa applicants can experience living and working in the UK for up to 2 years. The following changes have been made: - The  annual allocations for countries on the scheme are being set for 2015. Allocations in New Zealand has increase by 16% after it attracted a larger number of young Brits in 2013 under reciprocal scheme. - Two work experience schemes are being added. - Four Mandarin Teacher’s schemes are being removed. ## Changes relating to Business Visitors The business visitor category is for people who want to come and do business in the UK for a short time. Business visitors coming to the UK may include academic visitors, visiting professors, teachers accompanying students, film crews and representatives of overseas news media.* *Changes being implemented to business visas have been broaden to include the following categories of business visitors: - Allowing scientists and researchers to share knowledge, expertise and advice on an international project which is being led by the UK, the guidance provided the visitor is not carrying out research that should be undertaken on a Tier 5 (temporary worker) or Tier 2 (skilled work) visa; - Creating a provision for overseas lawyers, who are employees of international law firms which have offices in the UK, to provide direct advice to clients in the UK on litigation or international transactions provided they remain paid and employed overseas; ## Changes to the Tier 1 of the Points-Based System The Tier 1 (Exceptional Talent) category applies to those who are seen to have a promising future or are well established in the fields of science, humanities, engineering and the arts. The applicant must be sponsored by a designated competent body. The following changes to this category are: - Applicants will be granted 5 years leave in the UK (previously 3 years); and - The English language requirement will not apply to those applying for an extension. The Tier 1 (Investor) category is open to migrants who wish to make a substantial financial investment in the UK. The following changes have been made: - The minimum investment threshold for the Tier 1 Investor visa has been increased to £2 million. Applicants will have to invest the full amount in order to be eligible for this visa route. Currently the minimum is £1 million and there is a 75:25 split of the investment funds. ## Successful UK Business Visas Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Graduate Entrepreneurs would not choose UK to Start Businesses Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-graduate-entrepreneurs-choose-uk-start-businesses/ *[Today](http://www.cityam.com/1417024546/migrant-entrepreneurs-are-shunning-uk-we-only-have-ourselves-blame), a new study has revealed that international graduate entrepreneurs would not choose the UK to start their business as a result of the “impossible visa restrictions”. The new report titled Made in the UK: Unlocking the Door to International Entrepreneurs found that countries such as the US and Australia are attracting international Entrepreneurs over the UK.* ## International Students’ Officer: Research which shows that many International Students feel unwelcome in the UK The report was done in partnership with the Entrepreneurs Network thinktank and found that opportunities for graduate employment in have become more limited. This is due to the closure of the post-study work visa in 2012. The study found: - 42% of 16,000 international graduates in the UK wanted to start their own businesses. Only 33% of this figure wanted to start their business in the UK. - 1/3 of student believed that UK Immigration Rules are stricter than other country. - Only 2% of graduate students who said they wanted to start their own business actually applied for UK Tier 1 Graduate Entrepreneur Visa. An estimated 2/3 claimed they did not consider going through this visa route due to the UK immigration policy. Shreya Paudel, international students’ officer at the NUS expressed her disappointment in the findings of the study: > "It’s once again saddening to see more research which shows that many international students feel unwelcome in the UK as a result of the government’s hostile and overzealous policies. The should be celebrating international graduates with entrepreneurial spirit who want to contribute to this country. Instead, many graduates are put off from starting businesses here because of impossible visa restrictions that place them in Catch-22 situations." This study has been released as it has emerged that net migration to the UK rose to 260,000 in the year to June - an increase of 78,000 on the previous year. No where near the UK Government's target which David Cameron announced plans to reduce migration to the “tens of thousands” by May 2015. Philip Salter, director of The Entrepreneurs Network has explained that the current ## Tier 1 Graduate Entrepreneur Visa Route You can apply for a Tier 1 (Graduate Entrepreneur) visa if you: - Are a graduate who has been officially endorsed as having a genuine and credible business idea - Are from outside the European Economic Area (EEA) and Switzerland Additionally there are a number of other Home Office requirements for this visa route. Your eligibility requirements for this visa depends on who is endorsing you such as endorsement by a UK higher education institution (HEI) or endorsement by UK Trade and Investment (UKTI). You can stay in the UK for 1 year on a Tier 1 (Graduate Entrepreneur) visa and extend this visa for up to another year. If your business is considered successful you may be able switch to Tier 1 (Entrepreneur) visa. ## Successful Tier 1 Graduate Entrepreneur Visa Applications & Appeals Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Entrepreneur visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # OECD Statistics: EU Migrants ‘Prefer’ Germany to UK Source: https://immigrationandvisasolicitors.co.uk/oecd-under-eu-free-movement-30-of-migrants-choose-germany-over-the-uk/ *Today, it has been reported  by the [Organisation for Economic Co-Operation and Development ](https://www.oecd.org/unitedkingdom/)(OECD) that approximately 30% of  migrants traveled to Germany under the free movement rules compared to 7% who traveled to the UK. This news comes just after MP David Cameron delivered a speech in which he announced a number of reforms to the Immigration Rules in hope of limiting the number of migrants coming to the UK.* ## David Cameron to Toughen Immigration System In 28 November 2014, Mr Cameron [announced](http://www.telegraph.co.uk/news/uknews/immigration/11259900/David-Cameron-Britains-future-in-EU-at-stake-over-immigration.html) his ambitious plan to reduce the number of migrants coming to the UK. This included making EU migrants wait 4 years before being able to receive welfare or access to council houses. Mr Cameron also stated that he wanted to ban EU migrants who come to the UK to work from claiming jobseekers allowance and make them subject to deportation if they have not found work within 6 months of arriving in the UK. > "We will continue with our welfare and education reforms making sure that it always pays to work, training more British workers right across the country, but especially in local areas that are heavily reliant on migrant labour and supporting those communities with a new fund to help meet the additional demands on local services." The Prime Minister aims to put the toughest system on welfare for EU migrants. This is in order to avoid an influx of EU migrants coming to the UK to abuse the UK's economy. Furthermore, Mr Cameron has said that new member states shouldn't be given the same freedom of movement rights until their GDP reaches a certain level. Countries such as Albania, Turkey and Bosnia-Herzegovina are all currently attempting to join the EU. ## OECD Immigration Statistics on EU Free Movement Despite Mr Cameron's plans to reduce EU migration in the UK according to research gathered by the OECD, in 2012 30% of migrants within the EU traveled to Germany compared to 7% of EU free mobility migrants that traveled to the UK. The [research also found](http://www.telegraph.co.uk/news/uknews/immigration/11264679/Migrants-prefer-Germany-to-Britain-report-finds.html): - In 2013, the number of foreign nationals living in the UK rose to 4.9% or 7.9% of the total UK population. - The ten Eastern European countries that joined the EU in 2004 and so on makes up 25.8% of  all migrants residing in the UK. The majority of this percentage are Polish nationals. - Despite an increase of migration in the UK being close to 2%, the research has found that migrants settling in the UK permanently remains 15% below pre-crisis levels 2007. - Migrants moving to the UK to work has fallen by 1%. - In 2012, 4.5 million University students enrolled outside their country of residence with 12% of these students enrolled in the UK. - 46% of migrants in the UK are considered to be highly educated in comparison to 33% of UK born natives. The annual International Migration Outlook has suggested an increase in free movement migration to the UK this year. However, Germany still continues to be the main destination of free movement mobility within the 28 country bloc. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Business Immigration: Tier 2 Genuine Vacancy Test Source: https://immigrationandvisasolicitors.co.uk/uk-business-immigration-tier-2-genuine-vacancy-test/ *On 16 October 2014, the Home Office published the [Statement of Changes in Immigration Rules](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364371/hc-693.pdf). We have reported on everything from the changes to business visitors to changes relating to the Points-based system. One of the substantial changes to the Tier 2 category is the 'genuine vacancy' test which applies to Tier 2  (Intra-Company Transfer) and Tier 2 (General) migrants from 6 November 2014.* ## The Tier 2 Genuine Vacancy Test Then UK employers and companies are applying for sponsorship licences they must be able to show that they can offer [genuine vacancy](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/260121/wpukguidanceestablishinggen1.pdf) that meets the Tier 2 requirements on skill level and appropriate rate. The Home Office has now introduced requests for additional information to ensure the genuineness of the vacancy being advertised. Your application will be refused  for the following: - The job described in the CoS does not genuinely exist - The job role has been exaggerated to meet the Tier 2 category threshold requirement - The job advertisement has been tailored to exclude worker from the UK - The applicant is not qualified for the job The additional requests generally occur after a sponsor has applied for a restricted Certificate of Sponsorship. Migrants who apply for entry clearance or leave to remain in the Tier 2 category must pass the 'genuineness vacancy' test. This means that the Home Office must be satisfied that you are in the UK with the intention to start or are capable of undertaking a job role for which the Certificate of Sponsorship states. ## Changes to the Home Office Tier 2 Guidance In November 2014, changes have been made to the Tier 2 & Tier 5 of the Points-based system guidance for sponsors. Some of the changes are the following: - The Home Office may use information sponsors submitted with their application throughout the process or during the period the sponsorship licence is valid. - Checks on employees and other individuals involved with your company may be carried to validate your suitability  for sponsorship. - The Home Office will not accept a reduction in salary due to the economic downturn. This has been replaced with an explanation of salary for nurses undertaking OSCE. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Universities Increasing Recruitment of International Students Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-universities-increasing-recruitment-of-international-students/ *[Recently it was announced](http://www.telegraph.co.uk/education/universityeducation/11246750/Half-of-places-at-top-university-to-go-to-foreign-students.html) that Edinburgh University has made the decision that 50% of places at the institution will go to international students. This news comes **as a number of research has proven that UK Universities have come to rely on international student's tuition fees. Studies have shown that not only do international students contribute to the diversity of campus life but have contributed an estimated  £3.5 billion in fee income from non-EU students in 2012-13. * ## International Students to cover 50% of Edinburgh University If Edinburgh University follow through with their plan of allowing international students to cover half of their placements, it will make the University the second biggest international recruiter amongst the mainstream universities in the UK. The Beaveronline published an article stating that the London School of Economics are the number one university to sponsor international students. Sir Timothy O'Shea, Edinburgh’s vice-chancellor, has made it clear that recruiting 50% of international students is a long-term plan and not a target. In the Edinburgh's University's  Strategic plan for 2012/12 it states that it wants to: > "Increase our headcount of non-EU international students by at least 2,000”. Back in April 2014, Universities UK published figures which showed the substantial contribution international students in the  higher education sector has to the UK economy. Mike Boxall, a higher education expert from PA Consulting, has stated that international students are attractive to UK Universities because they can be charged unlimited tuition fees. According to the Higher Education Statistics Agency the number of international students in the UK has 'boomed' in the last 30 years. [Statistics have shown](https://www.hesa.ac.uk/): - In the early 80s fewer than 50,000 students attending Universities in the UK were international. By 2013 the number of international students in the UK was 425,000. This figure made up 18% of the total student population in the UK. - 41% of Edinburgh's 28,000 students were international in the year 2012/13. - The London School of Economics (LSE) holds the highest proportion of international students with 67% of their student population being international. ## Tier 4 of the Points Based System: the Changes The Tier 4 Student and Child categories under the points based system are for those international students who wish to come to the UK to study and experience life and culture in the UK. The following changes are being made to the category: - Tier 4 (General) Students applying for a visa or an extension of stay who want to undertake a course at a Higher Education Institution in a discipline set out in Appendix 6 of the Rules are required to hold a valid Academic Technology Approval Scheme (ATAS) certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office. This is stated under Paragraphs 245ZV(da) and 245ZX(ea) of the Immigration Rules. - The Immigration Rules are being amended to clarify  that a new ATAS certificate must be obtained if the course content changes, the course end date is postponed significantly, or if the student wants to start a new course that requires ATAS clearance. ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers based in London will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: Sham Marriage Trial Collapses Source: https://immigrationandvisasolicitors.co.uk/uk-immigrationhome-office-immigration-officers-blamed-collapse-sham-marriage-trial/ *Today, it has been [reported](http://www.dailymail.co.uk/news/article-2860623/Three-immigration-officers-face-police-probe-collapsed-trial.html) that three Home Office Immigration Officers have been accused of lying in a case against Rev Nathan Ntege leading to the collapse of a £1million sham marriages trial. The reverend was being trailed after it was claimed that he married up to 500 fake couples in a bid to keep them in the country. In October 2014, Judge Nic Madge  stated that he believes that the Immigration Officers lied under oath and withheld evidence throughout the trial against the Rev Ntege. * ## Judge Nic Madge: Home Office Official Immigration Officers left me with no option Before the collapse of the case, Rev Ntege was being painted as running a ‘matrimonial conveyor belt’ in a church in Thornton Heath, South East London. It was claimed that the number of couples being married at his church went from 6 a year to 9 a day. Furthermore, the jury was told that brides did not appear to know their grooms and would go to the bathrooms to share their wedding dresses with other brides. Rev Ntege, a Ugandan national entered the UK in 2002 after claiming asylum. All charges against him have now been dropped as Judge Nic Madge has accused three Home Office Official Immigration Officers of perjury and perverting the course of justice. Defence lawyers of the Reverend have claimed that the immigration officers interfered and damaged evidence concerning the case. The Immigration Officers have also been accused of withholding evidence such as photographs, video footage and diary logs for 5 months only to reappear at the last moment. Judge Nic Madge said in his decision to drop the case against the Reverend was due to: > "both bad faith and serious misconduct on the part of the prosecution. I am satisfied that officers at the heart of this prosecution have deliberately concealed important evidence and lied on oath. In my judgment, it has tainted the whole case. The misconduct of the prosecution, and in particular the officer in the case and the disclosure officer, is so serious that these officers have left me with no option other than to exercise my discretion to stay this prosecution." The Independent Police Complaints Commission (IPCC) has launched an investigation against the Home Office's Immigration Officers in order to examine how they handled the evidence. This will involve the IPCC going through more than 100 boxes of material and trial transcripts. Furthermore, it will examine the relevant Home Office policies. ## Changes relating to Marriage/Civil Partnership Visitors One of the Home Office's requirements with regards to applicants who want to obtain a marriage visa to the UK have be able to provide evidence that show they are in a 'Genuine Subsisting Relationship'. In order to prove the genuineness of the relationship some of the evidence required by the Home Office are: - Testimonial from your partner (sponsor) confirming your relationship - Evidence of communication - Any other documents that show you are in a 'Genuine Subsisting Relationship'. According to the [Statement of Changes in the Immigration Rules](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364371/hc-693.pdf) which was published 16 October 2014 the following change is being made to Marriage/Civil Partnership Visitors: - Individuals who wish to come to the UK to get married or form a civil partnerships must have an entry clearance visa for this purpose. This applies to all applicants regardless of their nationality and is being implemented in order to prevent anyone from entering into a sham marriage or sham civil partnership purposely. ## Legal Advice & Successful UK Marriage/Civil Partnership Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Rise of Migration Reduces the Strain on UK Economy Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-rise-migration-reduce-strain-uk-economy/ *This week, it has been reported that the rise of migration in the UK could reduce the strain that the ageing population has on the UK economy. In 2013 the Office for Budget Responsibility stated that the '[UK needs millions of migrants](http://www.telegraph.co.uk/news/uknews/immigration/10185342/Britain-needs-millions-more-immigrants-to-reduce-strain-of-ageing-population.html)' over the next 50 years in order to reduce the "unsustainable" pressure that the ageing population is putting on the UK economy.* ## Rise of Migrant Workers help the UK The rise of migrant workers in the UK has helped the UK economy grow in a way that sets it apart from other European countries. For instance, Moroccan-born comedian Gad Elmaleh and Belgian singer Stromae are not household names in the UK and yet they are able to sell out top venues in London. This shows the diversity of cultures in London and the UK as a whole. Clementine Bunel, a French national who is a concert promoter residing in London stated, “for some artists, London is like playing the big cities in France." The borders between the UK and the rest of the world seem to be blurring and yet the UK Prime Minister David Cameron seems determined to reduce migration from Europe. According to the EU’s statistics office Eurostat, in 2080 the UK population is set to hit 85 million therefore overtaking Germany as the biggest economy. Furthermore, the ratio of people aged 65 or over to those aged 15-64 will increase steadily in the UK and as a result will help to cope with the cost of caring for the elderly. With the General Elections approaching Mr Cameron announced last week that he wanted to restrict welfare payments and tax breaks for new arrivals from the EU. The Labour party seem to have a similar stance. If the UK Government achieved their net migration target of below 100,000 a year there is a risk that the UK economy would suffer and be 11% smaller by 2060. ## UK Political Parties Risk 'Shooting' themselves in the foot According to the Office for Budget Responsibility, if net migration does fall below 100,000: - Healthcare spending is expected to increase from 7% of GDP to 8.8% of GDP; - Long-term social care costs are set to rise from 1.3% of GDP to 2.4% of GDP. Nielsen, UniCredit’s chief economist stated his concerns of UK political parties plans to reduce migration: > "They do risk shooting themselves in the foot. All the studies show that the effect [of immigration] on growth and on the fiscal side has been significantly positive. I don’t see why this will change." ## Legal Advice & Successful UK Visa Applications for Workers Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Case Study: Successful Adult Dependent Relative Visa Appeal Source: https://immigrationandvisasolicitors.co.uk/case-study-successful-adult-dependent-relative-visa-appeal/ *Our expert immigration lawyers were recently instructed to represent a client ("the Appellant"), who wished to appeal against the Home Office's decision to refuse her entry clearance to the UK, as an Adult Dependent Relative under Appendix FM of the Immigration Rules. The Appellant is an elderly national of a non-EEA country who has been residing in an EU country for some time, away from her family who are present and settled in the UK. After receiving the Appellant's instructions in an initial consultation with our expert immigration lawyer, we were instructed to appeal against the Entry Clearance Officer's decision with the First Tier Tribunal.* During our retainer, our immigration team worked closely with Counsel to ensure that the Appellant's case was prepared to the highest standards. Last week, in a determination from an immigration Judge at the First Tier Tribunal, we received news that the Appellant's appeal was allowed on human rights grounds (Article 8 of the European Convention on Human Rights). Our client now hopes to travel to the UK where she will be reunited with her family and spend her formative years with them. ## Facts of Case For many years, the Appellant had lived in the UK with her husband, a British national and their children. After her divorce, she left the UK and when she remarried, she began residing in an EU country. Following her husband's death, her family continued to visit her and they tried to maintain a difficult long distance relationship. Unfortunately, the Appellant, who lived alone, had a long history of suffering from physical ailments and as she grew older, her condition worsened. The Appellant, who was financially independent was often visited by carers but did not receive the level of personal care expected by her family in the UK and after some discussion they expressed their wishes to sponsor her to reside with them so they could take care of her day to day needs and give her the emotional support she needed. This led to the Appellant making an application for entry clearance to the UK as an Adult Dependent Relative which was refused and subsequently appealed. ## First-tier Tribunal Immigration Judge's Determination The immigration Judge in the First Tier Tribunal held that this matter fell beyond the scope of the prescribed immigration rules and it was clear that the Appellant did not meet the same. However, the immigration Judge, following persuasive submissions from Counsel, found that the Appellant's Article 8 rights had been engaged. Taking into consideration the relevant case law, the learned Judge allowed the Appellant's appeal. ## Expert Immigration Appeal Solicitors If you have had a visa application refused and you have been given the right to appeal, contact our expert immigration team for legal advice. Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through your appeal process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # UK Immigration Rules deter Non-EU MBA Students Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-rules-deter-non-eu-mba-students/ *[Today](http://www.businessbecause.com/news/mba-uk/2971/non-eu-mba-students-struggle-to-find-jobs-in-uk-after-visa-curbs), Melissa McCrindle of Strathclyde Business School has spoken out about the current 'tough' UK Immigration Rules. Ms Mcrindle, a recruitment officer at the rising business school has stated that the new changes in UK Immigration Rules is one of the many reasons there has been a decline in non-EU MBA students. One of the recent changes is the closure of the Tier 1 Post Study Work (PSW) visa route in April 2013. * ## 50% of Students choose where to Study based on where they want to Work In estimated 50% of MBA students base their choice of where to study on the location where they would like to work after completing their education. The removal of the Tier 1 PSW visa route in April 2013 has arguably shut the door on those that wish to work in the UK after obtaining a degree. Instead business schools in  the Asia Pacific region and in North America are becoming increasingly attractive to international students. As a result business schools in the UK are concerned that the lack of job opportunities for their international students will put off talented and bright students from even considering the UK as a choice of location to study. Bradford University of School Management has seen a sharp decline in the number of non-EU MBA students going from 25 in 2013 to 9 in 2014. Jon Reast, the Dean at the university has stated: > "Many good quality business schools, including ourselves, have seen reducing full time MBA numbers in recent years." He further stated that Bradford along with other business Schools in the UK had a  few successful years before the removal of the Tier 1 PSW visa route. During this time MBA students were entitled to a visa to work for a further two years in the UK after completing their studies. According to the Graduate Management Admissions Council in 2014 there was a decrease  in the number of applications full-time one-year MBA programs it is likely that the closure  of Tier 1 PSW visa route was the reason for the decline. ## Further Changes to Tier 4 of the Points Based System The Tier 4 Student and Child categories under the points based system are for those international students who wish to come to the UK to study and experience life and culture in the UK. The following changes were proposed recently: - Tier 4 (General) Students applying for a visa or an extension of stay who want to undertake a course at a Higher Education Institution in a discipline set out in Appendix 6 of the Rules are required to hold a valid Academic Technology Approval Scheme (ATAS) certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office. This is stated under Paragraphs 245ZV(da) and 245ZX(ea) of the Immigration Rules. - The Immigration Rules are being amended to clarify  that a new ATAS certificate must be obtained if the course content changes, the course end date is postponed significantly, or if the student wants to start a new course that requires ATAS clearance. ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: Over 12,000 NHS Consultants are UK Migrants Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-12000-nhs-consultants-uk-migrants/ *In news reports today, Stephen Nickell top economist on the board of the Office of Budget Responsibility has stated that the UK National Health Service (NHS) would be [‘in dire strait’](http://www.bbc.co.uk/news/uk-politics-30417950) without skilled migrant workers, claiming  that 35% of workers in the NHS are migrants. Furthermore, Mr Nickell’s claim is supported by the **statistics from the Health and Social Care Information Centre (HSCIC), which revealed that the NHS and community health services employ migrants from more than 200 countries. * ## Cuts to Migration vs Need for Highly Skilled Workers Prime Minister, David Cameron's, continual assertion that migration to the UK  be cut by ‘tens of thousands’ and his plans to limit free movement of EU nationals to the UK, has met mass amount of criticism. However, Mr Nickell has highlighted the needs of the NHS of in hiring highly skilled migrants, he stated: “It's quite plain that, if they weren't there, the health service would be in absolutely dire straits. That's a special point." According to [figures obtained by the Guardian](http://www.theguardian.com/society/2014/jan/26/nhs-foreign-nationals-immigration-health-service) last year, the NHS employs staff from more than 200 different countries, including Azerbaijan, Zambia, Indonesia, Poland, and American Samoa, according to official figures. ## Codes of Practice for Skilled Workers UK employers, including the NHS, who want to employ overseas workers under the Tier 2 visa route must ensure that they have a UK sponsor licence to enable them to employ migrants from outside the EU. Employers are unable to employ workers whose intended salary in below £20,500. Furthermore, there is a [Shortage of Occupation list](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list#table-1---united-kingdom-shortage-occupation-list), compiled by the Migration Advisory Committee (MAC) which sets out a list of occupations where there is a shortage in the UK. This includes various medical practitioners including specialist nurses, medical practitioners and radiographers. This list is reviewed quarterly by MAC. The Shortage of Occupation list demonstrates that even under this Government's "anti immigration" stance, there is recognition for the fact there some industries require migrant workers. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Changes to the UK Overseas Domestic Worker Visa Category Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-changes-uk-overseas-domestic-worker-visa-category/ *Recent [changes to the Overseas Domestic Worker visa route](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364371/hc-693.pdf) (also known as T**ied Domestic Worker visa) have been made to prevent abuse of migrant domestic workers by their employers who are visiting the UK. The changes have stated that domestic workers will only come to the UK with their employer for a period of up to 6 months per year. This is in order to prevent overseas domestic workers from being exploited and abused whilst they are in the UK or abusing the category to stay in the UK for a longer period. * ## UK Domestic Workers Dependent on their Employers In 10 December 2014 the UK's Migrant Domestic Workers (MDWs), took to the streets of Westminster, calling for the UK Government to reinstate the original Domestic Worker visa route which was abolished in 2012. The rules prior to 2012 included a longer period of stay for migrant domestic workers in the UK, being allowed to change their employer (under certain circumstances) and being eligible for indefinite leave to remain after a lengthy period. Under the new rules of the Overseas Domestic Workers visa route they do not have the right to change employers once they arrive in the UK. [Independent crossbench peer Baroness Cox](http://www.standard.co.uk/news/politics/government-urged-to-change-visa-laws-to-tackle-uk-slaves-9916615.html) has supported the call for the reinstatement pre-2012 Overseas Domestic Worker visa route: > “They are currently bonded by immigration laws to their employer. In most cases the employer's name is written on the worker's visa. The worker is totally dependent on their employer for their employment, accommodation and employment status.” [The modern slavery bill](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/372794/OverseasDomesticWorkers.pdf), which is deemed to protect the rights of domestic workers is currently being prepared by the Home Office as it has just had it final days at the Committee stage this week. The bill is intended to protect domestic workers from abuse and mistreatment from their employers. ## Changes to the Overseas Domestic Worker in a Private Household Route The Overseas Domestic Worker route exists to allow employers resident overseas to be accompanied by their household staff on visits to the UK. Employers who want to bring their overseas domestic worker with them have to meet a number of requirements to show they are genuinely bringing an employee during their stay in the UK. Individuals on this visa can only stay in the UK for 6 months and cannot extend their stay, unless their initial visa was valid for less than 6 months. The new changes aim to address the issues raised in the modern slavery bill as well as ensuring that the route is not being exploited by employers who may be forcing their Domestic employees to work for them though successive entries into the UK. ## Legal Advice & Successful UK Overseas Domestic Worker Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Case Study: Legal Representations Ensure Speedy Tier 1 Investor Visa Application Source: https://immigrationandvisasolicitors.co.uk/case-study-successful-tier-1-investor-visa-application/ *Our London immigration lawyers were instructed on an urgent entry clearance Tier 1 Investor visa application. The client was a non-EEA national from North America who wanted to make a substantial financial investment in the UK as a Tier 1 Investor Migrant. Our client regularly visited and had a long history of association with the UK. As a result of our immigration lawyers' legal representations and careful preparation of our client’s application and supporting documents, he was granted entry to the UK within two weeks of us submitting his application.* ## Submitting a Successful UK Investor Visa Application Our UK immigration solicitors worked closely with the client in order to ensure that he met the [Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system) and submitted an appropriate bundle of documents. We were able to show that the client had money of his own, which was under his own control, held in a regulated financial institution and disposable in the UK amounting to no less than £1 million. Our client’s funds were held at various institutions around the world, some of which were held using complex financial instruments. However, our City of London immigration lawyers were able to demonstrate to the Entry Clearance Officer that our client met the relevant Immigration Rules and guidance by producing lengthy and persuasive legal representations. Our client also had substantial ties to the UK, including being a student and obtaining a degree and owning a property in the UK. Our immigration lawyers prepared our client’s application with the requisite supporting documents and submitted detailed representations in support of the application. Our meticulous preparation of the application and detailed representations ensured that our client was successfully granted leave to enter the UK as a Tier 1 Investor within two weeks of us submitting his application. [[It should be noted that the Tier 1 Investor visa application were submitted before changes in the Immigration Rules were implemented on 6 November 2014.](https://immigrationandvisasolicitors.co.uk/uk-visas-update-changes-to-tier-1-investor-visa/)] ## Changes to Tier 1 Investor Visa Route As we reported on 17 October 2014, Tier 1 Investor visa applications made from now have to meet a different requirement as per the statement of changes in the Immigration Rules published on 16 October 2014. The following [main changes to the Tier 1 Investor visa route](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364371/hc-693.pdf) are: - You must have a minimum of £2 million to invest in the UK. The money must be your own and must be held in a regulated UK financial institution. The money must also be disposable in the UK; - You must invest the full amount in prescribed forms such as share or loan capital in active and trading UK companies, or UK Government bonds. ## Making a UK Tier 1 Investor Visa Application The changes have now been implemented and will only apply to Tier 1 Investor applications made on or after the 6 November 2014. Applicants who currently hold this a Tier 1 Investor visa, need not worry as they will only need to invest £1m but will remain subject to the current rules including the "topping up rule" and the 75:25 split. Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1 Investor visa application (and applications for your dependents) step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Policy Deterring Graduate Entrepreneurs Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-policy-deterring-graduate-entrepreneurs/ *This month, the [International Business Times (IBT) recently highlighted the importance of involving Non-EEA students in debates on the UK's immigration policy](http://www.ibtimes.co.uk/david-cameron-ukip-must-stop-turning-away-next-generation-international-entrepreneurs-1477491). According to QS World University Rankings, the highest ranking European universities are all in the UK - the University of Cambridge, Imperial College London and the University of Oxford which means that there is scope for attracting some of the world's brightest and talented students. However, UK immigration policy deters these students from remaining in and contributing to the UK economy. * Worryingly, recent [research by  National Union of Students (NUS)](http://www.adamsmith.org/wp-content/uploads/2014/11/Made-in-UK_Final1.pdf) and [The Entrepreneurs Network (TEN)](http://tenentrepreneurs.org/) reveals that out of the 42% of international students studying here, only a third go on to start businesses in the UK. In this article, we discuss the research and explore how restrictive the current immigration policy is. ## NUS Study: Students Lack Knowledge of UK Visa & Immigration Options The UK has managed to attract some of the brightest and talented students across the globe. However, there are concerns that due to the current restrictive immigration policy, international students who come to the UK to obtain degrees, skills, knowledge and ideas of what kind of businesses they want to start, find that after graduation they have to go elsewhere to put their ideas into fruition. The National Union of Students (NUS), along with The Entrepreneurs Network (TEN), has attempted to understand the view of international students on entrepreneurship. The aim of ‘Made in the UK: Unlocking the Door to International Entrepreneurs’ study, is to encourage a change in the current immigration system, in order to make the process easier for international graduate students to become entrepreneurs in the UK. The study focused on the [Tier 1 (Graduate Entrepreneur) visa route](https://www.gov.uk/tier-1-graduate-entrepreneur-visa) and found that out of the international students who participated in the survey: - Only 2% of students who want to start a business after graduation applied for a Tier 1 (Graduate Entrepreneur) visa; - 62% of students did not consider applying for a Tier 1 (Graduate Entrepreneur) visa; - Only 32% of students believe that the UK provides the worst post-study processes; and - Only 17% of students who want to start a business believe that their university offered sufficient guidance about entrepreneurship. A further finding of the study was that the enthusiasm for entrepreneurship declines as study progresses. The study recommends universities to give their international students specific business mentorship and guidance to develop student business ideas within their programme of study. ## Entrepreneur Visas: Keep Hold of Business Talent The findings above show that more has to be done in order to keep international graduate entrepreneurs in the UK. The restrictions placed on international students after they have graduated and the disappointment of the UK Graduate Entrepreneur Visa route means that the nation is losing valuable talent they have helped train. [Tim Farron, the President of the Liberal Democrats stated](http://www.huffingtonpost.co.uk/tim-farron/ukip-uk-immigration_b_6327002.html): > "It's no wonder really. Judging by Conservative rhetoric, you'd be forgiven for thinking that the UK isn't open to the talents of anyone from anywhere outside the UK, regardless of the economic benefits they might bring. The Government has tried to make provision for entrepreneurs who want to stay and generate businesses and jobs here, creating a new visa - the Graduate Entrepreneur Visa - to allow business-minded graduates a limited time to start their business here. But take up is pitiful." He further stated: > "Every business was started by someone with a good idea and the passion, vision and resources to carry it out. We train up some of the best international brains. Six of the world's top universities are in London - more than any other city in the world. Britain is a university superpower, second only to the US, and yet we don't think strategically about keeping hold of the business talent we're training. The Lib Dems want a Britain that is open for business - and that includes giving the students we've trained the chance to give back by creating businesses here, rather than in a competitor country." ## Successful Tier 1 Graduate Entrepreneur Visa Applications & Appeals Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Graduate Entrepreneur visa](https://immigrationandvisasolicitors.co.uk/graduate-entrepreneur/) [application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration Statistics: Increase in Migrant Workers Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-statistics-increase-migrant-workers/ *This week, the Migration Observatory at the University of Oxford published a briefing which examines the causes of migration to the UK. The Migration Observatory regularly provides commentary on UK immigration and public policy. According to the latest briefing, ‘work was the most common reason given for migration to the UK in 2013’.* ## Migration Observatory Releases Statistics on Work Visas (Work Permits) The brief found that 47.1% of total migrant (248,000) arriving in the UK in 2013 were non-EU nationals*. *According to the Migration Observatory who used the [Office for National Statistics (ONS) as their primary source](http://www.ons.gov.uk/ons/index.html): - The number of migrants moving to the UK on work visas (work permits) made it the largest and fastest growing immigration category. - Dependents of non-EU migrants have steadily begun to increase. - Applicants seeking asylum has been increasing since 2010 onwards. The Migration Observatory found that the most common reason for migrants coming to the UK is because they have been offered a job or because they are looking for work in the UK. Statistics reveal that in 2007, migrants who came to the UK on work visas decreased from 242,000 to 180,000. However, in 2013 migrant workers in the UK increased to 214,000. Thereby, supporting the assertion that migrants are coming to the UK for the purpose of employment. There are a number of options for non- EU workers to work in the UK. This includes the [Tier 2 (General) work visa route](https://web.archive.org/web/20170115234629/http://immigrationandvisasolicitors.co.uk/tier-2-work-permit/). which requires migrant workers to be [sponsored by their UK employer](https://web.archive.org/web/20170116004656/http://immigrationandvisasolicitors.co.uk/tier-2-visa-skilled-workers-work-visa/). However many are also taking advantage of the Sole Representative and the UK Ancestry categories which allows individuals to work in the UK. ## CBI: UK Employers having 'hard time' finding & Sponsoring Skilled Workers The consensus in the UK running up to the general election next year is that migration needs to be controlled and limited. However, [the Confederation of British Industry (CBI) ](https://web.archive.org/web/20160808210200/http://news.cbi.org.uk:80/)has found that skills shortage in the UK is holding back the nation’s economy. [A spokesperson for CBI stated](http://www.bbc.co.uk/news/business-30224320): > “Our most recent survey shows that skills shortages are becoming more acute, and risk acting as a break on our economic recovery. This is particularly true for high-level skills in sectors like engineering, technology, digital, manufacturing and construction.” The CBI found that approximately 40% of UK employers have a hard time finding staff with the required skills needed; in particular workers who are experienced in stem subjects (science, technology, engineering and maths). Furthermore, this means that despite figures from the Migration Observatory and ONS showing an increase in the number of migrant workers in the UK, there are still vacancies that need to be filled. ## Successful UK Tier 2 Work Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of [making a work related visa application ](https://web.archive.org/web/20170116004656/http://immigrationandvisasolicitors.co.uk/tier-2-visa-skilled-workers-work-visa/)step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Business Immigration: More Indian Nationals Apply for UK Business Visas Source: https://immigrationandvisasolicitors.co.uk/uk-business-immigration-indian-nationals-apply-uk-business-visas/ *This week, [British Deputy High Commissioner for India, Bharat Joshi revealed that the number of Indian nationals applying for UK Business visas has increased by 12%](http://economictimes.indiatimes.com/nri/visa-and-immigration/12-per-cent-rise-in-business-visas-to-uk-envoy/articleshow/45547633.cms) over the last year. Due to the high volume of Indian nationals applying for visas to come to the UK, a number of new Visa Application Centres (VAC) have opened in India with improved visa services. * ## Bid to Attract More Indian Nationals to the UK Iritish Deputy High Commissioner, Bharat Joshi revealed that the number of Indian nationals applying for Business visas has increased by 12% between October 2013 to September 2014. Whilst at the [Great British festival in Kerala, India,](http://www.business-standard.com/article/international/great-british-festival-in-india-will-foster-trade-relations-uk-envoy-114031500421_1.html) which is organised to strengthen relations between the UK and India Mr Joshi stated: > "Great supports the U.K's goal of being India's partner of choice, including by doubling trade between our two countries, by 2015.We're on track: last year, UK exports to India were up 14% and India's exports to the U.K. were up two%. The U.K. is the biggest European Union investor in India, and India invests more in the U.K. than it does to the rest of the EU put together." Another [positive step in improving the relationship between the UK and India](http://economictimes.indiatimes.com/nri/visa-and-immigration/12-per-cent-rise-in-business-visas-to-uk-envoy/articleshow/45547633.cms) is the educational scholarships provided by UK Universities to Indian students has increased by 50% during 2014-15 amounting to £1.5 million. ## Visa Application Centres in India Improve Visa Services Earlier this year the [UK government highlighted the opening of new Visa Application Centre’s (VAC’s) in Mumbai and Kolkata](https://www.gov.uk/government/world-location-news/uk-opens-new-visa-application-centres-in-mumbai), which they hoped signal their intentions to improve visa services provided to Indians wishing to come to the UK. The new visa centres offer upgraded services with “state of the art facilities”. In respect of the visa centre in Kolkata, the British Deputy High Commissioner to eastern India, [Scott Furssedonn-Wood, commented that there was a need for improved services due to the fact that applications for UK visas had increased](http://www.business-standard.com/article/pti-stories/new-uk-visa-application-centre-opened-in-kolkata-114031900553_1.html). Last year, in a bid to attract rich tourists and business executives to the UK, Prime Minister David Cameron introduced the super priority service in India. The super priority visa service is a 24 hour service aimed at those who need to travel urgently and is part of the UK Government's efforts to attract more tourism and investment in Britain. The  super priority visa service is available to applicants who: - Are applying for a 6 month or 2 year multiple entry visitor visa (excluding student visit visas); - Have travelled without difficulty in the last 5 years to one of the following countries: UK, USA, Australia, New Zealand, Canada or a Schengen country; - Are employees of companies that are members of the Business Express Programme (managed by UK Trade and Investment in India) and are travelling as an official business visitor. ## Successful UK Business Visa Applications & Appeals for Indian Migrants If you wish to come to the UK to visit, study, work or settle, our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # ECJ Ruling: British Government cannot stop ‘Family Members’ of EEA Nationals Entering the UK Source: https://immigrationandvisasolicitors.co.uk/ecj-ruling-british-government-cannot-stop-family-members-eea-nationals-entering-uk/ *This week, a [landmark ruling which took place at the European Court of Justice (ECJ)](http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-12/cp140182en.pdf) held that non-EU nationals who hold EEA Residence cards from other countries cannot be denied entry into the UK. Under the current UK Immigration Rules, non-EU nationals who is a ‘family member’ of an EEA national is advised to obtain an EEA Family Permit in order to enter the UK. * ## EU Nationals 'Family Member' can Enter the UK without Visa Helena Patricia McCarthy Rodriguez, is a [Colombian national who is married to dual British and Irish national](http://www.bbc.co.uk/news/uk-30528189) Sean Ambrose McCarthy. The couple who have a daughter together have resided in Spain since 2010 and Ms McCarthy holds an EEA Residence Card issued by the Spanish authorities. The family of three regularly visit the UK where they own a home and under the UK Immigration Rules Ms McCarthy is required to apply for an EEA Family Permit which is valid for 6 months, in order to enter the UK. In 2012, the McCarthys decided to take action against the UK Government infringing their rights under the EU’s freedom of movement. Ms McCarthy argued that she should not have to obtain a UK visa every 6 months to travel to the UK as she has been issued a Residence Card by the Spanish authorities. The ECJ ruled in favour of the McCarthys stating that the UK cannot demand a non-EU national, who is a resident in the EU and ‘family member’ of an EEA national to obtain an EEA Family Permit to enter the UK. ## EEA Family Permits & EEA Residence Cards It is not clear how the case will be interpreted by UK Visa and Immigration and it is reported that a related case in the UK High Court is currently pending due to the Judges awaiting for the decision in McCarthy. As a result of the ruling of the ECJ it is not clear as to whether individuals from outside the EU who are ‘family members’ of an EEA national are still required to obtain an EEA Family Permit. Currently non-EU national 'family member' must demonstrate the following: - The EEA national is living in the UK; - The EEA national is travelling and residing in the UK within 6 months of submitting the application; - The 'family member' will be traveling with the EEA national to the UK or joining the EEA national in the UK. Furthermore, non-EU family members of EEA or Swiss nationals can apply for a Residence Card which confirms their right of residence under European law. ## Contact us for a Successful EEA Residence Cards & Family Permits Applications: Our team of experienced and professionally qualified solicitors and barristers (regulated by the Solicitor’s Regulation Authority) will be able to guide you through the application process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529. --- # Case Study: UK Entry Clearance Spouse Visa Application Source: https://immigrationandvisasolicitors.co.uk/case-study-uk-entry-clearance-spouse-visa-application/ *Our London immigration lawyers were recently instructed by a client ("the Applicant") who wished to obtain entry clearance to the UK as the spouse of a British citizen, who was present and settled in the UK. The Applicant who was a non-EEA national, had married her British partner at the beginning of the year and wished to join him in the UK so they could begin a family life together. * Upon instruction, our expert immigration team prepared a visa application with accordance to [Part 8 of the UK Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-8-family-members) and set out detailed legal representations which substantiated the Applicant’s right to be granted entry clearance as the spouse of a British citizen. This month, our immigration solicitors informed the Applicant that her  visa had been granted within one month of submitting her application. This enabled her to travel to the UK so she could spend her first Christmas with her husband. ## Submitting a Successful UK Spouse Visa Application Once our immigration solicitors had determined the Applicant met the relevant Immigration Rules to make such an application, they worked closely with her and her husband ("the Sponsor") to ensure that they provided the necessary documents to submit with her visa application. Once the Applicant and Sponsor gathered their documentation, our immigration team were able to prepare detailed legal representations highlighting, amongst other requirements, that the couple were in a genuine subsisting marriage and that they met the [minimum financial threshold which is stated in Annex FM Section FM.1.7](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf). Our meticulous preparation of the application and detailed representations ensured that the Applicant's visa application was successfully granted and that she was able to enter the UK. ## Home Office's Complex Financial Requirements In this case, the Sponsor's finances were not straightforward and there were concerns that a Home Office case worker may not be able to identify whether the Applicant met the financial requirements. It should be mentioned that the Home Office's guidance on the financial requirements is fairly complex and for the lay person it may be difficult to understand and apply to their situation. The Home Office are particular about the documentation they receive and regularly refuse applications due to there being either insufficient documents or the fact that they are not in the correct format. However, our experienced team who are regularly instructed in such cases were able to simplify the Sponsor's finances in their legal representations. The Home Office's quick decision may have been the result of clear legal representations highlighting exactly how the Sponsor met the relevant requirements. It is therefore important to instruct an expert team of lawyers who are regularly instructed to deal with situations such as these to ensure a successful result. ##  Successful UK Spouse Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a an application for entry clearance so you can join your British partner in the UK or a leave to remain in the UK application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Increase of UK Investor Visas Granted to Wealthy Russians Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-increase-uk-investor-visas-granted-wealthy-russians/ *Latest figures released by the UK Home Office this week, reveal that a growing number of multimillionaire Russians have been granted Investor Visas to the UK. The Tier 1 Investor visa, which is granted to those investing at least £2m in the UK, enables the holder to fast track their residency in the UK. The Home Office have revealed that a total of 169 Tier 1 Investor visas were granted to Russian nationals between January and September 2014 - up from 96 in the same period last year.* ## Fast-Track Visas for Wealthy Russian Nationals Increase The number of[ high net worth immigration](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) migrants from Russia has increased since the first round of sanctions were imposed on Russia in March 2014 – preventing Russian and Crimean officials and politicians from travelling to Canada, America and Europe. Japan also followed suit by placing sanctions against Russia. This included the suspension of talks regarding military matters, space, investment, and visa requirements Russian nationals are interested in the [UK Investor Visa](https://www.gov.uk/tier-1-investor/extend-your-visa) as they can apply for permanent residency in the UK after 5 years if they invest £2 million, 3 years if they invest a total of £5 million. Furthermore they can apply to settle in the UK after 2 years if they invest £10 million. According to the Home Office, the [number of fast track visas issued to Russian nationals in 2014 was 69% higher](https://web.archive.org/web/20150610003322/http://uk.businessinsider.com/russias-rich-gain-record-visas-to-uk-2014-12) than in 2013. UK visas under the Tier 1 category take the Home Office approximately 30 days to process. Alternatively, applicants who are making their applications within the UK can have their visa application processed within 24 hours. ## UK Investor Visa Requirements The Tier 1 Investor Visa route is for non-EEA nationals who want to make a substantial financial investment in the UK*. *On 6 November 2014[ changes to the Tier 1 Investor Visa route were enforced](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364371/hc-693.pdf). The following changes have been implemented: - You must have a minimum of £2 million to invest in the UK. The money must be your own and must be held in a regulated UK financial institution. The money must also be disposable in the UK; - You must invest the full amount in prescribed forms such as share or loan capital in active and trading UK companies, or UK Government bonds. ## Successful Tier 1 Visa Applications Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Investor Visa application](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) step by step and limit the possibility of failure by complying with the strict requirements of UK Immigration Applications. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # UK Immigration: Further Work Restrictions for Foreign UK Graduates Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-work-restrictions-foreign-uk-graduates/ *Home Secretary, [Theresa May, has this week backed proposals to force students from non-EEA countries to leave the UK after they have completed their studies](http://www.independent.co.uk/news/uk/politics/foreign-students-could-be-sent-home-before-applying-for-work-visas-to-cut-immigration-9938145.html) and to apply for new visas to the UK from abroad. Theresa May hopes that the policy will be included in next year’s Conservative general election manifesto but this has already provoked anger and condemnation from those who believe that this may deter highly skilled graduates.* ## Theresa May Plans to Expel Foreign Graduates Theresa May hopes that her new policy would ensure that migrants leave the UK at the end of their visa which she believes [“is as important a part of running a fair and efficient immigration system as controlling who comes here in the first place.”](http://www.bbc.co.uk/news/science-environment-30575204) Currently, those with student visas in the UK are able to switch into certain categories which will enable them to either start a business in the UK or work for a UK employer. One argument against Theresa May’s policy is if students are required to return to their home countries upon completion of their studies, they may not return to the UK thereby depriving the UK of skilled workers. The Home Secretary has repeatedly clashed with Business Secretary Vince Cable on this topic as he believes that a restrictive immigration policy would discourage students from coming to the UK. ## Current UK Visa Routes for Foreign Graduates In 2012 the post-study work visa, which allowed graduates to work in the UK for 2 years  was scrapped. This caused concerns at the time that the UK immigration policy had become restrictive for foreign graduates trying to find work in the UK. However, students are still able to switch into other categories which enable them to work in the UK after they have graduated. The following are some visa routes: - [**Tier 1 Graduate Entrepreneur: **](https://immigrationandvisasolicitors.co.uk/graduate-entrepreneur/)this visa route allows graduates to extend their stay in the UK, after graduation, so they can establish businesses. The government have placed a limit on the number of Graduate Entrepreneur Visa applications which is currently capped at 1,000 per year and equally divided amongst participating institutions. - [**Tier 2 General Visa:**](https://web.archive.org/web/20170116004656/http://immigrationandvisasolicitors.co.uk/tier-2-visa-skilled-workers-work-visa/) this visa route allows graduates (in certain circumstances)  to stay and work in the UK for up to 5 years. Under this route, dependents or ‘family members’ as they are known,  of Tier 2 visa holders are able to apply to live in the UK with the Tier 2 visa holder. A dependent is classed as a husband, wife, partner or child under 18. ## Successful UK Work Visa Applications & Appeals If you are currently in the UK as a student and wish to explore your options of working here or setting up your own business, contact our expert immigration lawyers who will be happy to advise you. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 visa application or a Tier 1 Graduate Entrepreneur visa step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a [successful track record](https://immigrationandvisasolicitors.co.uk/success/) of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # Case Study: Successful Tier 2 Sponsor Licence for UK Business Source: https://immigrationandvisasolicitors.co.uk/case-study-successful-tier-2-sponsor-licence-for-uk-business/ *Our expert immigration lawyers were recently instructed to assist in the preparation and submission of a Tier 2 Sponsor Licence application for a UK start-up company. The UK company, which had been operating in the UK for less than 6 months on the date of the application, wished to acquire the services of a highly skilled worker from outside of the European Economic Area (EEA).* Within a month of submitting the online Sponsor Licence application and sending the Home Office detailed legal representations accompanied with the relevant supporting documents, our business immigration solicitors received news that the company had been successfully listed on the Home Office’s Tier 2 Sponsor Register. ## UK Sponsor Licence for Employers The Tier 2 Sponsor Licence allows UK businesses to employ non migrant workers within their organisation. Obtaining a Sponsor Licence is far from a straightforward process and involves referencing not only the current UK immigration laws but also the Home Office’s supplementary guidance notes which can be quite complex. [Statistics released by the Home Office in July this year](https://www.gov.uk/government/publications/immigration-statistics-april-to-june-2014/immigration-statistics-april-to-june-2014), revealed that altogether there were 28,302 employers on the sponsor register on 30 June 2014 which was 6% more than on 1 July 2013 (26,627). This means that there is a steady increase of organisations being granted permission to hire non-EU migrants. ## Obtaining a UK Business Sponsor Licence In this case, our client, was a UK based start-up company which had been operating for less than 18 months at the time they approached our immigration lawyers for advice. Despite being registered with Companies House for a short while, the Home Office still required certain documentation from the company to show that they were suitable and eligible to become a sponsor. In situations such as these, the Home Office understands that start-up companies may not be able to provide certain documents that more established businesses are able to but they still require the necessary documents so they can carry out their checks. Our immigration lawyers who are regularly instructed by UK companies, were quick to advise the company on what documentation needed to accompany the application and in doing so were able to ensure a successful result. ## Contact us for successful Tier 2 UK Sponsorship Licence applications [Our team of experienced and professionally qualified solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment.** --- # UK Immigration: Romanian & Bulgarian Migration to UK Remains Steady Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-romanian-bulgarian-migration-uk-remains-steady/ *This week, the [Migration Observatory at Oxford University, published research which demonstrated that Romanian and Bulgarian migration to Britain had remained steady](http://migrationobservatory.ox.ac.uk/commentary/romanians-and-bulgarians-coming-uk-2014-influx-or-exaggeration) over the past few years. The Migration Observatory’s research contradicts fears that the lifting of transitional controls on 1 January 2015 would bring a surge of migrants into the UK.* ## Romanian & Bulgarian: No Visa Restrictions In 1 January 2007, Romania and Bulgaria became member states of the European Union giving their nationals the right to not only enter and remain in the UK without a visa but also to work freely, providing they had an accession worker card. At the beginning of this year, EU restrictions were removed and now Romanian and Bulgarians have the same rights as people from other EU member states. At the time, this had given rise to the question of whether there will be a sudden influx of Bulgarian and Romanian nationals arriving in the UK for the purposes of living and working. ## Migration Observatory: Steady Growth of Romanian & Bulgarian Population in UK The Migration Observatory’s research shows that the overall population of Romanians and Bulgarians in the UK rose from 205,000 in September 2013 to 252,000 in September 2014, an increase of 47,000. This followed a similar rise of 45,000 in the corresponding period in 2012-13. [Madeleine Sumption, the Migration Observatory director, stated:](http://www.theguardian.com/uk-news/2014/dec/30/no-surge-romanian-bulgarian-migrants-controls-lifted) > “The growth in the Romanian and Bulgarian population of the UK has been steady for the last seven years, despite transitional controls that limited their access to the labour market and welfare state in the UK. The end of these controls do not seem to have had a very significant effect.” ## Contact us for a successful Naturalisation application Those who are currently in UK as Romanian and Bulgarian nationals and have have completed five years of lawful residence in the UK and have held [Indefinite Leave to Remain](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) (ILR) for at least one year, should contact our immigration experts to discuss the possibility of applying for naturalisation. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our **[**legal case assessment form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment.** --- # UK Home Office Announces Annual Allocation of Youth Mobility Visas Source: https://immigrationandvisasolicitors.co.uk/uk-home-office-announces-annual-allocation-youth-mobility-visas/ *Yesterday, the [UK Home Office published a policy paper containing information on the countries and territories who are able to participate in the Tier 5 Youth Mobility Scheme](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-g-youth-mobility-scheme) as well as the annual allocation of places available for migrants. The Youth Mobility Scheme which applies to young people from countries such as Australia, Canada, Japan and New Zealand allows nationals from these countries to experience living and working in the UK for up to two years.* ## What is the Tier 5 Youth Mobility Scheme? In 27 November 2008,  the Tier 5 Youth Mobility Scheme replaced a number of different schemes, including the Working Holidaymakers scheme for Commonwealth citizens. The Tier 5 Youth Mobility Scheme is available to nationals of Australia, Canada, Hong Kong, Japan, Monaco, New Zealand, Republic of Korea and Taiwan, and to British Overseas Citizens, British Overseas Territories Citizens and British Nationals (Overseas). Those who wish to apply for this visa to work in the UK temporarily, must apply for entry clearance and can only stay in the UK for the period of validity of their entry clearance and cannot obtain an extension to stay. However, if the migrant is undertaking a role which cannot be filled by a settled worker and the employer has a Sponsor Licence, after the employer has completed the Resident Labour Market Test (RLMT), they may assign a Certificate of Sponsorship to the Applicant who can then make an application for entry clearance as a [Tier 2 General migrant](https://web.archive.org/web/20170115234629/https://immigrationandvisasolicitors.co.uk/tier-2-work-permit/). ## Appendix G Immigration Rules: Annual Allocation for 2015 In their [policy paper published yesterday](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-g-youth-mobility-scheme), the Home Office announced the following places are available for use by Countries and Territories with Deemed Sponsorship Status: - Australia: 38,000 places; - Canada: 5,000 places; - Japan: 1,000 places; - New Zealand: 11,000 places; and - Monaco: 1,000. In addition to these places, the following are places available for use by Countries and Territories without Deemed Sponsorship Status: - Taiwan: 1,000 places; - South Korea: 1,000 places; and - Hong Kong; 1,000 places. ## Contact us for Successful Tier 5 Youth Mobility & Tier 2 General Visa Applications If you are a national of one of the countries mentioned above and wish to explore your options of living and working in the UK for 2 years under the Tier 5 Youth Mobility Scheme, contact our expert team of immigration lawyers. If you are currently a Tier 5 visa holder and wish to explore your options of continuing to work with your current employer, our expert team will be happy to discuss the visa options available to you. Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our **[**legal case assessment form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment.** --- # Home Secretary Theresa May Criticised for UK Student Immigration Policy Source: https://immigrationandvisasolicitors.co.uk/home-secretary-theresa-may-criticised-uk-student-immigration-policy/ *Yesterday, in an [article published in The Guardian, Sir James Dyson, spoke out against Theresa May’s plans to expel international students from the UK on graduation](http://www.theguardian.com/commentisfree/2015/jan/04/theresa-may-foreign-postgraduates-students-qualification-vote-dyson). Sir James Dyson, one of UK’s most prominent inventors and business leaders stated that the Home Secretary’s proposals are “a short-term vote winner that leads to long-term economic decline”. * This is not the first time Dyson has criticised the government’s immigration policies; in November 2012, he [called on the government to ease restrictions](http://www.telegraph.co.uk/education/universityeducation/9712526/Sir-James-Dyson-warns-over-graduate-engineer-shortage.html) on the number of overseas students remaining in the country after their courses had ended. At the time, Dyson insisted that “bright foreigners were needed to develop technology for export and relieve our skills shortage”. ## Theresa May Plans to Expel Foreign Graduates Under [Theresa May’s controversial plans](http://www.independent.co.uk/news/uk/politics/foreign-students-could-be-sent-home-before-applying-for-work-visas-to-cut-immigration-9938145.html), international students will be forced to leave the UK after they have completed their studies and should they wish to return, they must apply for new visas from abroad. Currently those with student visas in the UK are able to switch into certain categories which will enable them to either start a business in the UK or work for a UK employer. One argument against Theresa May’s policy is if students are required to return to their home countries upon completion of their studies, they may not return to the UK thereby depriving the UK of skilled workers. ## Sir James Dyson: Border’s Must Stay Open to World’s Best Writing for The Guardian, Sir James Dyson considered the implications of Theresa May’s proposals and echoed criticism from the academic and scientific communities, who believe that it will make a shortage of scientists and engineers worse. Sir James Dyson wrote: > “Bright sparks are drawn to the UK for good reason – our universities are among the best in the world. Particularly for science and engineering. Yet the Home Office wants to say cheerio to these sharp minds as soon as their mortarboards land on college lawns. The moment research is finished students are forced back to their homelands, from where the home secretary is happy to allow them to apply for jobs in Britain. Not exactly motivating. Not exactly practical. This is an abrupt departure from an equally unworkable idea that after their research they have two months to be employed, otherwise they are ejected. No wonder fewer than 10% bother to try to stay.” ## Current UK Visa Routes for Foreign Graduates In 2012 the post-study work visa, which allowed graduates to work in the UK for 2 years  was scrapped. This caused concerns at the time that the UK immigration policy had become restrictive for foreign graduates trying to find work in the UK. However, students are still able to switch into other categories which enable them to work in the UK after they have graduated. The following are some visa routes: - [**Tier 1 Graduate Entrepreneur: **](https://immigrationandvisasolicitors.co.uk/graduate-entrepreneur/)this visa route allows graduates to extend their stay in the UK, after graduation, so they can establish businesses. The government have placed a limit on the number of Graduate Entrepreneur Visa applications which is currently capped at 1,000 per year and equally divided amongst participating institutions. - [**Tier 2 General Visa:**](https://web.archive.org/web/20170116004656/http://immigrationandvisasolicitors.co.uk/tier-2-visa-skilled-workers-work-visa/) this visa route allows graduates (in certain circumstances)  to stay and work in the UK for up to 5 years. Under this route, dependents or ‘family members’ as they are known,  of Tier 2 visa holders are able to apply to live in the UK with the Tier 2 visa holder. A dependent is classed as a husband, wife, partner or child under 18. ## Successful UK Work Visa Applications & Appeals If you are currently in the UK as a student and wish to explore your options of working here or setting up your own business, contact our expert immigration lawyers who will be happy to advise you. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 visa application or a Tier 1 Graduate Entrepreneur visa step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a [successful track record](https://immigrationandvisasolicitors.co.uk/success/) of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Home Office Deports 300 Following New Powers Under Immigration Act 2014 Source: https://immigrationandvisasolicitors.co.uk/uk-home-office-deports-300-following-new-powers-immigration-act-2014/ *This afternoon, [James Brokenshire, the Immigration and Security Minister for the UK, has revealed that powers introduced in the Immigration Act 2014 are “cracking down on the appeals conveyor belt used by criminals to delay their removal from the UK.”](https://www.gov.uk/government/news/deport-first-appeal-later-measures-start-to-bite?)* Under the Immigration Act 2014, the Home Secretary has the power to certify deportation appeals so as to permit them only to be brought from outside the UK. The Home Office have today revealed that so far this has resulted in more than 300 people being removed from the UK with nearly 500 more currently going through the appeal system. ## Immigration Act 2014: Appeal Rights Under [Section 17 of the Immigration Act 2014](http://www.legislation.gov.uk/ukpga/2014/22/section/17/enacted), an Appellant can remain in the UK to bring or continue his appeal if his initial claim was made whilst he was in the UK. If however, the Secretary of State has certified the appeal as ‘clearly unfounded’ or a person can be removed to a safe third country, the appeal can only take place once the person has left the UK. In the case of someone liable to deportation who raises a human rights claim, the default is to remove them from the UK by certifying the appeal on the basis that they would not face, before the appeals process is exhausted ‘a real risk of serious irreversible harm if removed to [that] country or territory’.  The right of appeal is then exercised from abroad. ## Home Office Powers Stop Criminals from Making “Spurious Claims” The Home Office have stated that these powers mean that they are able to deport criminals before they have the opportunity to launch “spurious claims” under the Human Rights Act or “falsely” claim asylum. By their own admission, the Home Office have explained that the new powers have resulted in a number of criminals being deported despite having family members in the UK which reinforces the UK government’s stance that the right to a family life should not override the rights of wider society. James Brokenshire goes on to say that “non-suspensive appeals are allowing us to kick out foreign criminals more quickly and more efficiently than ever before and I want to see them used as often as possible.” ## Contact us for successful outcome to your Appeal [Our team](https://www.gov.uk/government/collections/immigration-rules) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # UK Immigration: Home Office Suspends Youth Charity’s Sponsor Licence Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-home-office-suspends-youth-charitys-sponsor-licence/ *This week, [it was reported that the Home Office have suspended youth charity, Youth With a Mission’s (YWAM) Sponsor Licence](http://www.christianitytoday.com/gleanings/2015/january/350-ywam-missionaries-fear-forced-exit-from-united-kingdom.html?paging=off). Following an inspection in September last year, the Home Office reviewed the youth charity’s status as a Home Office Sponsor and which led to them suspending their licence. Those international migrants who were working for the charity are now required to return to their home countries along with their families who are in the UK on dependant visas.* ## Home Office: Suspension of Sponsor Licence [YWAM are an international Christian charity](http://www.ywamengland.org/) with offices around the world, including in England and Wales. In order to employ workers from outside the EEA countries, the charity applied for and obtained a Sponsor Licence so they could be registered on the Home Office’s Register of Sponsors’. In September 2014, the Home Office carried out an audit and after reviewing the charity’s status as a Sponsor, they informed YWAM that their licence would be suspended unless outstanding issues were addressed. They found that YWAM had erred in two out of seven issues; the charity state that they “immediately” set about correcting these issues but in December 2014, YWAM were informed that their license had been suspended for 20 working days. There is now a concern that if these issues are not addressed by 20 January 2015, YWAM will lose their sponsor licence and 350 international workers employed by them, will have to return to their home countries, along with their families. ## Sponsor Licence: Duties & Compliance A UK business sponsor must ensure that they have the appropriate checks in place, can demonstrate that they will be able to meet their sponsor duties and have the appropriate records for their skilled workers. The Home Office carry out spontaneous checks on organisations on a regular basis and sometimes without sufficient notice to ensure that sponsors are adhering to their duties. If sponsors are found to be in breach of their duties, their sponsor licence could be downgraded or revoked. Employers, who also employ illegal migrants, or those without the appropriate permission to work in the UK, may be heavily fined for doing so. ## Immigration Compliance Solicitors Our advice for UK businesses/employers (corporate clients) and education providers encompasses the following: - Ongoing compliance with UK immigration laws and sponsorship duties for Tier 2, Tier 4 and Tier 5 Sponsor; - Advice on Prevention of illegal working; - Assistance with Home Office Audits; - Advising on appropriate record keeping and monitoring processes; - Training for businesses and educational institutions, including training on compliance procedures and recruiting international staff and students; and - Keeping you updated with the changes in [UK Immigration Law](https://www.gov.uk/government/collections/immigration-rules). [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers are ready to provide you with effective solutions to your business immigration needs. Our expert immigration solicitors based in London, provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # UK Home Office Refuses Family of Andrea Gada UK Visitor Visas Source: https://immigrationandvisasolicitors.co.uk/uk-home-office-refuses-family-andrea-gada-uk-visitor-visas/ *Stephen Lloyd, the Liberal Democrat MP for Eastbourne and Willingdon, yesterday accused the Home Office of “callousness”, [following their decision to refuse visitor visas for the family of a five year old girl who died](http://www.bbc.co.uk/news/uk-england-sussex-30707113) after being hit by a car in the UK. The Home Office’s decision to refuse Andrea Gada’s grandparents and aunt visas, has resulted in the funeral being postponed.* ## UK Home Office's Refusal of Family’s Visitor's Visa In 16 December 2014, five year old Andrea Gada was hit by a car in Eastbourne in East Sussex as she walked home from school with her father and stepped out into the road. Following her tragic death, the local community raised £5000 to support her parents and pay for her grandparents and aunt to fly to the UK from Zimbabwe for the funeral. The Home Office have now refused Andrea Gada’s family visitor visas; the family have stated that the Home Office’s had said that it was "not satisfied that [they had] demonstrated that this will be a simple visit of three months or that [their] intentions are genuine in wishing to travel to the United Kingdom". ## UK Home Office’s Visa Decision “Lacks Compassion” Eastbourne MP Stephen Lloyd, criticised the Home Office’s decision: > “I am extremely angry at the callousness shown by the Home Office. To me this is an immigration decision which lacks compassion and basic decency; attributes which I know are front and centre with the vast majority of British people. I have written a further urgent letter to the Immigration Minister, James Brokenshire MP, asking that he intervene and reconsider his officials’ decision. A young girl has died tragically.” MP Stephen Lloyd has now requested James Brokenshire to grant the Zimbabwean family temporary visas to allow them to pay their respect to Andrea Gada. ## Contact us for successful UK Visit Visa application If you have been refused a visitor's visa, your appeal rights are limited; please contact our expert immigration team to explore your options in light of the Home Office's refusal decision. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our **[**legal case assessment form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment.** --- # Theresa May’s UK Immigration Policy for International Students Scrapped Source: https://immigrationandvisasolicitors.co.uk/theresa-mays-uk-immigration-policy-international-students-scrapped/ *This week, [we reported that Sir James Dyson had criticised Home Secretary Theresa May’s proposals](https://immigrationandvisasolicitors.co.uk/home-secretary-theresa-may-criticised-uk-student-immigration-policy/) to force international students to leave the UK upon completion of their studies and apply for new visas from abroad. Following sharp criticism from the business community and former universities minister David Willetts, the [Home Secretary has been forced to back down](https://web.archive.org/web/20150917033310/http://www.ft.com:80/cms/s/0/717e72b6-95ac-11e4-b3a6-00144feabdc0.html). However, critics claim that  the UK’s “disastrous” student immigration policy is still far from resolved.* ## Tougher Controls on International Migrants Scrapped Theresa May had wanted the Conservatives to include tougher student immigration measures in their election manifesto, arguing that tougher controls were needed on non-EU students. However, Chancellor George Osborne has quashed the proposals amid warnings that they would damage British universities and business. Further, a Conservatives official has maintained that: > “We have a policy that international students can stay when they graduate if they find a graduate-level job paying £24,000 a year. That remains the policy.” However, despite this non-EU graduates only have four months to obtain a job worth £24,000 a year and apply for a work visa. [The Guardian reports that following these rules, the number of graduates who were granted extended visas dropped by 84% in one year.](http://www.theguardian.com/higher-education-network/2015/jan/07/student-visa-u-turn-the-battle-is-far-from-over?CMP=share_btn_tw) ## Current UK Visa Routes for Foreign Graduates In 2012 the post-study work visa, which allowed graduates to work in the UK for 2 years  was scrapped. This caused concerns at the time that the UK immigration policy had become restrictive for foreign graduates trying to find work in the UK. However, students are still able to switch into other categories which enable them to work in the UK after they have graduated. The following are some visa routes: - [**Tier 1 Graduate Entrepreneur: **](https://immigrationandvisasolicitors.co.uk/graduate-entrepreneur/)this visa route allows graduates to extend their stay in the UK, after graduation, so they can establish businesses. The government have placed a limit on the number of Graduate Entrepreneur Visa applications which is currently capped at 1,000 per year and equally divided amongst participating institutions. - [**Tier 2 General Visa:**](https://web.archive.org/web/20170116004656/http://immigrationandvisasolicitors.co.uk/tier-2-visa-skilled-workers-work-visa/) this visa route allows graduates (in certain circumstances)  to stay and work in the UK for up to 5 years. Under this route, dependents or ‘family members’ as they are known,  of Tier 2 visa holders are able to apply to live in the UK with the Tier 2 visa holder. A dependent is classed as a husband, wife, partner or child under 18. ## Successful UK Work Visa Applications & Appeals If you are currently in the UK as a student and wish to explore your options of working here or setting up your own business, contact our expert immigration lawyers who will be happy to advise you. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 visa application or a Tier 1 Graduate Entrepreneur visa step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a [successful track record](https://immigrationandvisasolicitors.co.uk/success/) of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: Engineering Report Reveals Skills Shortage in UK Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-engineering-report-reveals-skills-shortage-uk/ *[Engineering UK, a not for profit organisation, has today released a report](http://web.archive.org/web/20170201165708/http://www.engineeringuk.com/View/?con_id=490), in which they have highlighted how there is a massive shortage of skills in the area and UK companies will need 182,000 workers a year, with engineering skills in the decade to 2022 to generate £27 billion a year for the UK economy from 2022. Currently there is an annual shortfall of 55,000. This news will come of interest to international migrants who wish to study or pursue a career in engineering in the UK.* ## Engineering UK: Skills Shortage Engineering UK, which promotes the industry are of the opinion that to meet the projected employer demand, the number of engineering apprentices and graduates entering the industry will need to double. The organisation admit that the UK  will need to expand it's horizons in order to ensure that it has the pool of future engineering talent it needs. [Vince Cable, the Business Secretary for the UK is willing to invest in this area and believes that](http://www.manchestereveningnews.co.uk/business/shortage-of-engineering-apprentices-8425618): > "A strong British engineering sector is vital to the long term sustainability of our economic recovery, and increasing the supply of engineers is at the heart of this." We reported in October 2014 last year that Home Office figures showed that 1,171 engineers from non-EU countries entered the UK in 2013/14, up from 859 in 2012/13. Due to the skills shortage in the UK, UK businesses were looking abroad and were having to import skilled engineers. Figures revealed that the number of non-EU engineers coming to the Britain had risen by 36% over the 2013. ## Non-EU Engineers Filling UK Roles Statistics revealed by the Home Office refer to work permits (i.e. Tier 2 Visas) issued to non-EU engineers filling roles on the Home Office’s Shortage of Occupation List. The list is used for career information to labour market entrants, job matching by employment agencies and the development of government labour market policies. [**Tier 2 General Visa:**](https://web.archive.org/web/20170116004656/http://immigrationandvisasolicitors.co.uk/tier-2-visa-skilled-workers-work-visa/) this visa route allows graduates (in certain circumstances)  to stay and work in the UK for up to 5 years. Under this route, dependents or ‘family members’ as they are known,  of Tier 2 visa holders are able to apply to live in the UK with the Tier 2 visa holder. A dependent is classed as a husband, wife, partner or child under 18. ## Successful UK Student / Work Visa Applications & Appeals [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 visa application or a Tier 4 Student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a [successful track record](https://immigrationandvisasolicitors.co.uk/success/) of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # British Husband Speaks Out Against Complex Spouse Visa Requirements Source: https://immigrationandvisasolicitors.co.uk/british-husband-speaks-complex-spouse-visa-requirements/ *[A Sunderland father has today spoken out against the UK Home Office’s complex financial requirements](https://web.archive.org/web/20150814220622/http://www.sunderlandecho.com/news/watch-sunderland-dad-in-visa-battle-to-keep-his-family-together-1-7046135) for spouse visas which have resulted in his wife’s visa being refused and his family being “torn apart.” * John Dennis, a British citizen, is married to Ana Maria, a Panamanian national with whom he has a four year old daughter. In April 2014, Ana Maria made an application for leave to remain in the UK which has now been refused. The couple believe that Ana Maria’s visa application was refused because John Dennis did not provide the requisite evidence to demonstrate he could maintain Ana Maria. ## Visa Refusal: Insufficient Evidence of Self Employment [MailOnline reports that John Dennis is a self-employed business consultant](http://www.dailymail.co.uk/news/article-2908228/Family-face-torn-apart-visa-wrangle-British-father-doesn-t-earn-enough.html) earning £36,000 – above the minimum threshold income required (£18,600). Despite this, the Home Office were not satisfied that the couple had submitted the evidence required to demonstrate that Ana Maria met the financial requirements. Speaking to MailOnline, John Dennis said: > “You have to earn £18,600 a year as a minimum. I'm self-employed but I do earn that, I earn about £3,000 a month and I sent bank statements and everything I could think of to prove it. > > > “But they refused the visa saying that I don’t meet the financial requirements. They said I didn't send the necessary evidence but didn't say what I had to send. > > > “We had 28 days to appeal it but you have to be in your home country to do that so she would have had to go straight back to Panama so we could appeal it.” ## Home Office’s Complex Financial Requirements The lawfulness of the minimum income threshold under the financial requirement was upheld by the Court of Appeal in its 11 July 2014 judgment in [MM & Others [2014] EWCA Civ 985](http://www.bailii.org/ew/cases/EWCA/Civ/2014/985.html). Those who are applying for entry clearance to, leave to remain in and indefinite leave to remain in the UK as the non-EEA national partner or dependent child of a person who is a British citizen, present and settled in the UK or in the UK with refuges leave or humanitarian protection must meet the financial requirements. We are regularly instructed by self-employed Sponsors who earn over the £18,600 and wish for their partner to reside in the UK with them. We have ample experience in preparing such applications and ensuring that applicant’s submit their application with all the requisite documentation. ## Are you affected by the ‘Financial Requirement’? The Home Office’s rules on financial requirements affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route. The rules define the basis on which a person can enter or remain in the UK on the basis of their family or private life. If you intend to make an application as the spouse, partner, fiance(e) or proposed civil partner of a British citizen, you and your sponsor will need to meet the financial requirements. If you would like to discuss how the financial requirement may affect you, please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) today and our London immigration solicitor’s will be able to assist you by meeting with you and reviewing your case. If you have had a spouse visa refused on the grounds that you did not meet with the financial requirements, contact us so we can review your case. --- # UK Immigration: London is Hub for International Talent & Investments Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-london-hub-international-talent-investments/ *This week, [a report commissioned by London Mayor Boris Johnson](https://lep.london/sites/default/files/documents/publication/London%202036%20%28reduced%29.pdf) confirmed that London is the leading global hub for business talent, financial and business services as well as international visitors. London First report titled 'London 2036, an agenda for jobs and growth' reveals that London attracts "more overnight international visitors, more international students, more FDI projects and more large international subsidiaries than any other major city in the world". * Below we discuss the business lobby group London First's findings and explore the options available to migrants who wish to come to the UK. ## London Attracts more International Students & Investments than any other City According to the report London has a number of inherent advantages already as a hub for business and talent. The report found that [London is the first for](https://web.archive.org/web/20160705162920/http://londonfirst.co.uk:80/wp-content/uploads/2015/01/The-Global-Hub.pdf): - Global business: attracting more foreign investments than any other city; - Global talent: attracting 100,000 international students from 200 countries, garnering an estimated £2,500,000,000 for the London economy; - Global visitors: tourism to London is growing rapidly, creating 200,000 jobs and adding £9 billion to the UK economy; Furthermore 50% of those that visit London travel to other parts of the UK; The report further found that Londoners are a lot more enthusiastic about immigration than the rest of the UK, with 54% of Londoners believing that migration has a positive impact on the UK economy, in contrast to 28% of the rest of the UK. In contrast to the above [figure the report also found](https://web.archive.org/web/20150319063342/http://londonfirst.co.uk/wp-content/uploads/2015/01/The-Creative-Engine.pdf): - London if falling behind in their relationship with Asia. With Chinese tourists 5 times more likely to visit Paris; - Singapore has overtaken London as the largest centre for offshore renminbi trading; - 80% of Tech City UK businesses say there is a shortage of skilled tech workers; - Only 20% of London start-ups go on to get later stage funding; - Unemployment is decreasing in London but it is still higher than the UK average. ##  Nation's Capital needs 'Stay open for Business' The latter figures are the ones that the report focuses on in order to pinpoint the challenges the capital faces and need to  succumb. According to the report London should: - Stay open for business: strengthen London’s voice on national policies that could put London’s status as the global hub for business and finance at risk: particularly immigration and the UK’s relationship with Europe. - Increase focus on emerging markets: develop new approaches and radically step up promotion to win emerging market investment, business, visitors, talent and students, starting with Asia. - Improve global access: accelerate the creation of aviation capacity in the South East and improve the visa system for international visitors. Harvey McGrath, Deputy Chair of the London Enterprise Panel is [backing the report and stated](https://web.archive.org/web/20170214051535/http://londonfirst.co.uk/uks-first-business-led-plan-for-london-sets-out-priorities-to-drive-jobs-and-growth-in-the-capital/): > "London’s future economic fortunes cannot be taken for granted. London also needs to manage the pressures that come with success – particularly around quality of life and cost of living – that could otherwise threaten London’s attractiveness to investors, talented individuals and even to Londoners themselves. And while London’s historic success has been largely organic and unplanned, there are specific areas where targeted actions will undoubtedly deliver better outcomes for London, and with it the rest of the UK." ## Visa Routes Available for International Migrants Those wishing to come to the UK may wish to consider the following options: [Tier 4 Student Visa](https://immigrationandvisasolicitors.co.uk/tier-4-student-visa/): The Tier 4 Student and Child categories under the points based system are for those international students who wish to come to the UK to study and experience life and culture in the UK. You must have a secured place at a UK-based institution which is registered with the Home Office for full-time study. [Business Visas:](https://web.archive.org/web/20170116010840/https://immigrationandvisasolicitors.co.uk/business-visit-visas/) The business visitor category is for people who want to come and do business in the UK for a short time. Business visitors coming to the UK may include academic visitors, visiting professors, teachers accompanying students, film crews and representatives of overseas news media. You can apply for UK Business Visa if you wish to come to the UK for business purposes. [Tier 2 General Visa:](https://web.archive.org/web/20170116004656/http://immigrationandvisasolicitors.co.uk/tier-2-visa-skilled-workers-work-visa/) this visa route allows graduates (in certain circumstances)  to stay and work in the UK for up to 5 years. Under this route, dependents or ‘family members’ as they are known,  of Tier 2 visa holders are able to apply to live in the UK with the Tier 2 visa holder. A dependent is classed as a husband, wife, partner or child under 18. ## Successful UK Student / Work Visa Applications & Appeals [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 visa application or a Tier 4 Student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a [successful track record](https://immigrationandvisasolicitors.co.uk/success/) of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Investor Visas Granted to Chinese Citizens Doubles Source: https://immigrationandvisasolicitors.co.uk/uk-investor-visas-granted-chinese-citizens-doubles/ *It has been reported today, that there has been [a sharp increase in the number of Chinese nationals being granted UK investor visas](http://www.managementtoday.co.uk/news/1329224/chinese-investors-buying-britain/). According to the Financial Times, 357 Tier 1 Investor visas issued to Chinese nationals in the year ending September 2014, showing that the number of investor visas granted have doubled since 2013.* ## Majority of Tier 1 Investor Visas Granted to Chinese & Russian Nationals The Financial Times reported Chinese High Net Worth Individuals (HNWIs) accounted for 43% of UK Investor visas issued during the year ending September 2014. In contrast, 5 years ago Chinese nationals made up just 10% of the total number of UK Investor visas granted. 178 Tier 1 Investor visas were granted to Chinese nationals in 2013, showing that the number of UK visas granted to potential investors has doubled in a year. Chinese annual investments in the UK is set to rise to £30 billion a year in 2025. Furthermore, the [figures shows that Russia is the second largest group investing in the UK.](https://web.archive.org/web/20150802095303/http://gantdaily.com/2014/12/22/rich-russians-buy-u-k-investor-visas-in-record-numbers/) In the first nine months of 2014, 162 Russian nationals were granted Tier 1 Investor visas, which is more than the number of Investor visas granted in total in 2013. It should be noted that these UK Investor visa applications were made before the [statement of changes in the Immigration Rules](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364371/hc-693.pdf) were published in October 2014 and implemented on 6 November 2014. The minimum investment threshold has increased from £1 million to £2 million. ## High Net Worth Chinese Nationals want Residency in the UK The UK is not the only country benefiting from wealthy Chinese investors, America, Australia and Portugal have become popular destinations. According to a [Financial times article Chinese national's motivations](http://www.ft.com/cms/s/0/986bd08a-9b10-11e4-882d-00144feabdc0.html#axzz3OoyEAa29) for wanting to invest in the UK is because of a number of reasons including the increasingly bad pollution, poor education systems, and the rising of political repression. For this reason the rise in the investment threshold is unlikely to deter Chinese investors who want to gain residency and citizenship in the UK. There are[ three different routes to applying for indefinite leave to remain](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) and we can advise you which one best suits your individual circumstances. - **Investment of £2 Million**. As an investor you will qualify for Indefinite Leave to Remain (ILR) after five years, provided that you have invested £2,000,000 in the UK. - **Investment of £5 million**. If you invest £5,000,000 you will be able to apply for ILR after the investment has been in place for three years. - **Investment of £10 million**. If you invest £10,000,000 you will be able to apply for ILR after the investment has been in place for at least two years. ## Making a UK Tier 1 Investor Visa Application The changes have now been implemented and will only apply to Tier 1 Investor applications made after the 6 November 2014. Applicants who currently hold this a Tier 1 Investor visa, need not worry as they will only need to invest £1m but will remain subject to the current rules including the “topping up rule” and the 75:25 split. Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1 Investor visa application (and applications for your dependents) step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Overseas Visitors Spent over £20bn in 2014 Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-overseas-visitors-spent-20bn-2014/ *This week, the [Office of National Statistics (ONS) released figures](http://www.ons.gov.uk/ons/index.html) highlighting the rise of tourism in the UK. According to ONS, 2.6 million visitors came to the UK in November 2014, a 7% increase from November 2013. Over the last five years [tourism has become the fastest growing industry](https://web.archive.org/web/20150429143321/http://www.westernmorningnews.co.uk:80/Tourism-growth-outstrips-rival-sectors/story-25803431-detail/story.html) than any other rival industry in the UK. * ##  35.1 Million Overseas Visitors expected in the UK in 2015 During the [first 11 months of 2014 there were 32.4 million international visitors](https://web.archive.org/web/20200807184831/https://www.hotelowner.co.uk/2949-record-year-uk-visits-inbound-tourism-hits-32-4-million/) to the UK, spending over £20bn during this period. The city of London is already popular for attracting business visitors and  now has become increasingly popular for general visitors looking to holiday in the UK. [Tourism agency, VisitBritain](http://www.visitbritain.com/) commented on the ONS figures stating that it surpasses their predictions. [Patricia Yates, director of strategy and communications at VisitBritain ](https://web.archive.org/web/20150823170046/http://www.traveldailymedia.com:80/217084/inbound-uk-tourism-numbers-beat-targets/)stated: > "Inbound tourism continues to be the fastest growing sector of the tourism industry and one of Britain’s most successful export industries, generating jobs and growth across Britain. We are delighted to have played our part in delivering this success." ONS figures have shown that during the period of January 2014 to November 2014, 13 million visitors chose the UK as their holiday destination, 300,000 more than the previous year. Tourism agency VisitBritain have predicted that 2015 will be a record breaking year for oversea visitors in the UK. They have suggested that there will be a further 2.5% increase in the amount of international visitors in the UK, meaning there will be 35.1 million visitors in the UK generating approximately £22.2bn. ## Visa Routes for Visitors to the UK There are a number of visitor visa routes for non-EU nationals who wish to come to the UK for different purposes: - **[General Visit Visa](https://immigrationandvisasolicitors.co.uk/wp-admin/post.php?post=18447&action=edit): **You can apply for a General Visit Visa if you wish to come to the UK to see friends or family or as a tourist. It is possible for family members settled in the UK to sponsor your visit. - **[Business Visit Visa](https://web.archive.org/web/20170116010840/https://immigrationandvisasolicitors.co.uk/business-visit-visas/): **The business visitor category is for people who want to come and do business in the UK for a short time. Business visitors coming to the UK may include academic visitors, visiting professors, teachers accompanying students, film crews and representatives of overseas news media. You can apply for UK Business Visa if you wish to come to the UK for business purposes. - **[Student Visit Visa](https://web.archive.org/web/20170116042048/https://immigrationandvisasolicitors.co.uk/student-visit-visa/): **The Student Visitor category is for nationals of countries outside the European Economic Area (EEA) and Switzerland. If you are a short-term student and wish to come to the UK to study you must have been accepted on a course of study in the UK. In order to obtain a Tier 4 Student Visit Visa you must satisfy a certain criteria. In addition to visiting the UK as a general visitor, student visitor or a business visitor, there are other options available for those who wish to visit the UK short term for a specific purpose. This includes[ family visitors, medical visitors and prospective entrepreneurs](https://immigrationandvisasolicitors.co.uk/uk-immigration-overseas-visitors-spent-20bn-2014/). ## Contact us for successful UK Visit Visa application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. --- # UK Case Study: Entry Clearance Spouse Visa Success Source: https://immigrationandvisasolicitors.co.uk/uk-case-study-entry-clearance-spouse-visa-success/ *Our Immigration Solicitors were recently instructed by a client who wished to obtain entry clearance to the UK  to join her British national husband. Our client was a South Asian national who had recently graduated and embarked on a world wind romance, solemnizing her marriage to her British partner at the beginning of 2014 and planned to join him in the UK.* Our UK Immigration Solicitors worked closely with the client in order to ensure that she met the [Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system) by submitting a duly completed online visa application form, [Appendix 2 (VAF 4A Financial Requirement Form)](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/270484/VAF4A-Appendix2.pdf), detailed legal representations, accompanied with supporting documents which substantiated our client’s right to be granted entry clearance as the spouse of a British citizen.  Our expert Immigration Team were recently informed by the Home Office  that the client was granted an entry clearance Spouse visa and therefore able to go ahead with her plans of having a further wedding ceremony with her family and friends present in the UK. ## Lexvisa Immigration Team  have 100% Success Rate in Relation based Applications The expert [Immigration Solicitors at Lexvisa have a 100% success rate](https://immigrationandvisasolicitors.co.uk/success/) when it comes to UK Spouse visa applications and provide a detailed assessment of individual cases in order to ensure firstly, that you are eligible to make a Spouse visa application and secondly, if we find that you are eligible we ensure the bundle of documents submitted with the visa application meets the Home Office’s requirements. There have been a number of immigration cases in the UK regarding British nationals attempting to bring their non-EU partners to the UK and failing. There are a number of reasons why UK Spouse visa applications are refused by the Home Office, including failure to provide documents showcasing a genuine substantial relationship and failure to meet the English requirement. However, the majority of Spouse visa applications refusals are due to the increased financial requirement implemented in July 2012. According to [BritCits, a human rights organisation](http://britcits.blogspot.co.uk/), 47% of the nation’s citizen would not be eligible to meet the UK’s Immigration Rules financial requirement which is a worrying figure. Last year, the [Guardian did a number of case studies](http://www.theguardian.com/education/2014/jun/23/students-married-couple-separated-immigration-laws) which proved the UK Immigration financial requirement were having a severe impact on couples reuniting in the UK. ## Meeting the Home Office's Financial Requirement The Home Office's [financial requirement must be met by a person applying for leave to enter](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf), leave to remain and indefinite leave to remain in the UK on the basis of their family life with a person who is: - British Citizen; or - present and settled in the UK; or - in the UK with refugee leave or humanitarian protection. The rules specify that a sponsor must be earning £18,600 per annum before they can sponsor their spouse, unmarried partner or same sex partner to enter or remain in the UK. Although there are provisions for combining the earnings of the sponsor and the applicant; this has proved to be problematic for many individuals. ## Are you Eligible for a UK Spouse Visa under the Immigration Rules? Our team of experienced and professionally qualified immigration solicitors and barristers will be able to go through the Home Office's requirements with you. As well as, the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Home Office Release Statistics on British Citizenship Applications Source: https://immigrationandvisasolicitors.co.uk/uk-home-office-release-statistics-british-citizenship-applications/ *Today, the Home Office published statistics showing the number of visa applications made for British citizenship since 2002, which have either been processed or are pending decision. The statistics show how there are an increasing number of applications being made by those who wish to make the UK their permanent home and wish to obtain a British passport.* Below, we will discuss these statistics and we will explain the services our expert legal immigration team in London can assist applicants in submitting a successful application for British citizenship. ## Eligibility for British Citizenship Those wishing to apply for British Citizenship, must have completed five years of lawful residence in the UK and must have held [Indefinite Leave to Remain](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) (ILR) for at least one year. They then may be able apply for naturalisation as a British Citizen. ## Home Office Stats on British Citizenship Applications The statistics have been distinguished into two categories - 'Adults' & 'Children'. Children are considered to be aged less than 18 years old at the time of submitting the naturalisation application and adults are considered to be aged 18 years old and over at the time of submitting the visa application. According [to the statistics, in the last 5 years covering the period of January 2010 to June 2014](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/396448/FOI_33561.pdf): - 687,885 Adults have made visa applications to obtain British citizenship; and - 211160 Children have made visa applications to obtain British citizenship. So the total number of applicants trying to obtain British citizenship in the UK during this period was 899,045. This begs the question - why do so many people want to settle in the UK? Immigration is a constant topic of conversation in politics and with the general elections coming up in May 2015 it is unlikely to stop any time soon. The UK has become a desirable destination for students, entrepreneurs, investors and family members of those settled in the UK.  For instance, entrepreneur migrants qualify for Indefinite Leave to Remain (ILR) if they create 10 jobs or turn over £5 million in a three year period. The same applies to overseas investors, if they invest £5 million they will be able to apply for ILR. In order to make an application for naturalisation you must have had Indefinite Leave to Remain for at least 12 months. ## Our Expert Immigration Services for British Citizenship Applications We can help with your naturalisation application and queries. Our expert team of lawyers can assist you with the preparation of your application and ensure that you are eligible under the relevant [Immigration Rules](https://www.gov.uk/government/collections/immigration-rules). Our city of London Solicitors will have a detailed consultation with you in order to understand your immigration matter, as well as ensuring that you know what is involved in the visa application process. Applicants who decide to instruct the immigration team at LexLaw will be provided with a detailed document list tailored to their circumstances, detailed legal representations and preparing the application on your behalf before submission to the Home Office. In order to qualify for British citizenship you must be: - Minimum age of 18; - Sound mind; - Intention of having your home in the UK; - Sufficient knowledge of English Language; - Sufficient knowledge of life in the UK; - Good character; - Residence requirements; and - References. ## Want to make an Application for Naturalisation? Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Syrian Artist’s Business Visitor Visa Refused Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-syrian-artists-business-visitor-visa-refused/ *This week it was reported that [one of Syria's most renowned artists was refused entry into the UK](http://news.artnet.com/in-brief/syrian-artist-denied-visa-to-attend-london-exhibition-225783). Thaier Helal's application for a  business visitor visa was refused on the basis that the Home Office were “not satisfied he [was] genuinely seeking entry to the United Kingdom as a business visitor." Mr Helal has now lodged an appeal against the Home Office's decision and is awaiting a decision.* ## Home Office Refuses Syrian Artist's Business Visa [Mr Helal is based in the Emirates of Sharjah](http://www.independent.co.uk/arts-entertainment/art/news/barred-from-his-own-uk-exhibition-syrian-artist-denied-visa-9990118.html), where he is a lecturer at the [University of Sharjah](http://www.aus.edu/) and was due to come to the UK for his first art exhibition in London, which was meant to take place today. The 47 year old Syrian national submitted his Business Visitor visa application enclosing references, bank statements and a letter from the university in accordance with the Immigration Rules, but was informed last week that his visa application was refused. The Home Office were not satisfied that Mr Helal was seeking entry into the UK as a business visitor, furthermore they did not believe that he intended to leave the UK before the expiry of his business visa. Mr Helal has been granted a number of Schengen visas, allowing him to travel all over Europe for the purpose of exhibiting his work. Mr Helal is not the only artist from the Middle East who has had trouble entering the UK. In 2013, Ali Abukhattab and Samah al-Sheikh who are writers from Gaza were due to present their work at the Institute of Contemporary Arts (ICA) , but their UK visa applications were refused and believe that it is because they are from the Middle East. Khaled Samawi, the founder of the Ayyam Gallery commented on the [UK Home Office's continuous refusal of Middle Eastern artists](http://rt.com/uk/224475-syrian-artist-banned-uk/): > "We are facing enormous problems sending our Syrian artists for exhibitions and arts related events abroad at the moment, it is such a great shame as this is a highly tumultuous time for our country and I believe that it is so important for their message to be heard by international audiences." ## Eligibility for UK Business Visit Visas & Appeals The Business visitor visa is for people those coming to the UK who wish to carry out "permitted activities" as specified by the Immigration Rules. To meet the requirements of UK Business Visit Visa: - You intend to visit the UK for the purpose of conducting business on behalf of your overseas employers. - You must plan to visit the UK for a maximum of 6 months and demonstrate an intention to leave at the end of that period. - You will need to demonstrate that you are able to maintain and accommodate yourself and any dependants without seeking recourse to public funding. Our expert immigration Solicitors undertake a great deal of appeal work before the [Immigration and Asylum Tribunal](http://www.justice.gov.uk/tribunals/immigration-asylum) and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. Our expert team of lawyers can assist you with the preparation and submission of your immigration appeal as we understand that this can be a stressful time and a lengthy process. Our city of London of lawyers will analyse and review your application, as well as suggest documents that will strengthen your appeal to the tribunal after examining the Home Office's refusal letter. Furthermore, we will prepare and submit your appeal and get one of our legal experts to represent you at your appeal hearing. ## Successful UK Business Visitor Visas Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: British Speedway’s Sponsorship Licence Revoked Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-british-speedways-sponsorship-licence-revoked/ *This week it has been reported that [British Speedway Promoters' Association (BSPA)](http://www.speedwaygb.co/) have had their Tier 5 sponsorship licence revoked. This means that a number of non-EU riders could be missing the 2015 British speedway season due to start on 26 March 2015. The BSPA need to apply for a new Tier 5 Sponsorship Licence, allowing their non-EU riders to apply for visas and enter the UK. * ## Non-EU Riders Refused Entry into the UK due to Visa Issues According to a number of reports, numerous teams due to take part in the new season will now be affected by the UK Visas and Immigration's (UKVI) decision to revoke the BSPA sponsorship licence. It is believed that the BSPA's Tier 5 Sponsorship Licence was revoked because they have been accused of 'doubling-up and guesting rules' which are not compliant the UK Immigration Rules. In a statement published on 22 January 2015, [BSPA played down the controversy](http://www.swindonadvertiser.co.uk/sport/11742664.UPDATED__Robins_hopeful_over_riders__visa_issues/) which is said to be affecting a number of non-EU riders: > "A number of speedway clubs who employ migrant riders (non-EU) were asked to attend a meeting with UKVI this week. This meeting was a result of a number of regular compliance visits to individual clubs as the employers. There are administrative issues which all parties are keen to resolve before the start of the 2015 British speedway season. The UKVI have offered to hold an operational workshop for club officials to assist them in this complex process. In the meantime, the BSPA and UKVI remain committed to work towards a satisfactory outcome." The BSPA is hoping to resolve their sponsorship licence issues before the new riding season starts in March 2015. One of [Swindon Robins's top rider Troy Batchelor](http://www.swindonadvertiser.co.uk/sport/11744364.Robins_are_fighting_for_Troy/), an Australian national could be one of the riders who misses out this year, however fellow countryman,  Nick Morris and Matthew Wethers will not be affected as Nick holds a British passport and Matthew has leave to remain in the UK. ## Applying & Obtaining a Tier 5 Sponsorship Licence Our UK Immigration Solicitors are in the process of obtaining a Tier 5 Sponsorship Licence for a very well known basketball organisation and are confident in their ability of preparing a successful UK Sponsorship Licence application. In order to apply and obtain a Tier 5 Sponsorship Licence to sponsor a sportsperson you must be a  sporting body, sports club, events organiser or other organiser operating, or intending to work in the sporting sector. Before applying for a Sponsorship Licence must make sure you have an endorsement from the governing body for your sport which is recognised by the UK Home Office as a genuine organisation. The list of governing bodies currently recognised by the Home Office is in [Appendix M of the UK Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-m-sports-governing-bodies). [To assist you in obtaining a Sponsor Licence](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/), we would arrange for you to meet with our expert immigration solicitors at our London offices to explore your matter in detail in order to measure the eligibility of your company. Once instructed in your immigration matter, there are a number of stages to the UK Sponsor Licence application process that we would assist you through in order to ensure you comply with the UK Home Office’s requirements and provide you with a bespoke supporting documents list tailored to the type of licence you are applying for depending on the type of worker you want to employ. ## Successful UK Tier 5 Sponsorship Licence Application Obtaining a [UK Sponsorship licence](https://www.gov.uk/uk-visa-sponsorship-employers/overview) is far from a straightforward process involving referencing not only the immigration rules but also supplementary guidance notes. Together with this issue is ensuring that the bundle of supporting documents meets the Home Office’s stringent requirements and properly evidences the application. For this reason it is usual for a professional employer to instruct expert immigration sponsorship solicitors to manage this process. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your eligibility in obtaining a UK Sponsorship Licence and to find out more about your [duties once you are a Sponsor](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/ukba-uk-sponsor-licence-sponsorship-home-office-duties-work-permits/). --- # UK Immigration Raids: Chinese Restaurant Faces Fine of Up to £140,000 Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-raids-chinese-restaurant-faces-fine-140000/ *This afternoon, [the Hertfordshire Mercury reported that seven “illegal” workers had been arrested during a raid carried out by the Home Office’s Immigration Enforcement unit](https://web.archive.org/web/20150802210358/http://www.hertfordshiremercury.co.uk/Illegal-immigrants-arrested-raid-China-Star/story-25924013-detail/story.html). Last week, The China Star in Turners Hill, was visited by immigration officers who suspected that the business may have been employing workers with no valid visas.* The Chinese restaurant now faces fines of up to £20,000 for each of the workers unless the owners can prove they carried out the necessary checks. ## Home Office Raids Chinese Restaurant Immigration officers from the Home Office’s Immigration Enforcement unit are regularly deployed to track immigration offenders by working with partners such as the police to regulate migration in line with government policy. In this case, immigration officers raided The China Star after they suspected the business of employing illegal workers. Their initial checks found that most of the workers, who were from Chinese and Malaysian backgrounds, had either overstayed their visas or were failed asylum seekers with no valid leave to remain in the UK. The Hertfordshire Mercury reports that five of the workers have now been detained and two have been released on immigration bail. ## UK Business Now Faces £140,000 for Employing Illegal Workers Following the raid last week, the business now faces a potential fine of up to £140,000 for employing the illegal workers. If the Home Office find that the employers failed to carry out their necessary checks, they can be fined £20,000 for each illegal worker. All employers (not just licensed sponsors) must make sure that their employees are entitled to work for them. The Home Office will impose a range of penalties on those employing people illegally. In some cases, the Home Office’s compliance officer’s may refer cases of illegal working for prosecution or the issue of a civil penalty. If you are issued with a civil penalty for employing illegal workers your licence may be revoked. ## UK Immigration Compliance Solicitors A UK business sponsor must ensure that they have the appropriate checks in place, can demonstrate that they will be able to meet their sponsor duties and have the appropriate records for their skilled workers. The Home Office carry out spontaneous checks on organisations on a regular basis and on such visits will expect to examine those areas of Human Resources and procedures which are outlined in their guidance. They will also verify the information provided by sponsor’s on their application for obtaining the sponsorship licence. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers are ready to provide you with advice and are on hand to help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # UK Immigration: Syrian Refugees Scheme heavily criticised Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-syrian-refugees-scheme-heavily-criticised/ *This week it was reported that [a number of British celebrities](http://ewn.co.za/2015/01/26/UK-stars-call-on-PM-to-help-Syrian-refugees) including Grammy winning singer Sting, Oscar winner Emma Thompson and fashion designer Dame Vivienne Westwood have criticised the UK's Prime Minister in an open letter for 'failing to do more to safely relocate Syrian refugees to Britain'.* ## Amnesty International UK: Number of Refugees in the UK is Shocking In early 2014 the ['Syrian Vulnerable Persons Relocation Scheme'](https://www.whatdotheyknow.com/request/199845/response/498649/attach/6/VPRS%20Overview.pdf) was created to highlight the Government's intention to relocate 'some of the most vulnerable Syrian refugees' to the UK. According to the overview of the scheme, in the next 2-3 years the UK would take in approximately 500 people and 150 of those refugees would be accepted during the first year of the scheme coming into fruition. In reality it has been revealed that only 90 refugees have arrived in the UK. Kate Allen the director of Amnesty International UK stated her disappointment in the [UK's Government failure to take in Syrian refugees](http://www.telegraph.co.uk/news/celebritynews/11368968/Celebrities-write-open-letter-to-PM-urging-him-to-do-more-to-help-Syrian-refugees.html): > "The UK often prides itself on its history of offering sanctuary to refugees but this government can't hold its head high when it comes to the most vulnerable refugees from the conflict in Syria. Millions are living in extremely precarious conditions in neighbouring countries. Given the numbers, it is shocking that the UK has only taken in 90 refugees since it agreed to a resettlement programme a year ago." Tomorrow will mark the 1 year anniversary of the scheme to accept the most vulnerable Syrian refugees into the UK. During this period an increasing number of refugees have been displaced from their homes, the figure is estimated to be over 1 million ## Eligibility for Seeking Asylum Asylum protection is given under the [1951 United Nations Convention](https://web.archive.org/web/20230523182805/https://www.unhcr.org/uk/about-unhcr/who-we-are/1951-refugee-convention) relating to the status of refugees when an individual has left their country and is unable to go back because they have a well-founded fear of persecution. Reasons for fear of persecution because of your race; religion; nationality; political opinion; or membership of particular social group. Our expert team of London Solicitors will be able to advise you on how to make a claim for asylum in the UK and correspond with the Home Office on your behalf. A qualified member of the immigration team will accompany  you to the Home Office for your screening interview. ## Contact us for a successful UK Asylum application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. --- # UK Case Study: Successful Indefinite Leave to Remain Application Source: https://immigrationandvisasolicitors.co.uk/uk-case-study-successful-indefinite-leave-remain-application/ *Our expert team of immigration lawyers were recently instructed to assist in the preparation and submission of an Indefinite Leave to Remain application for an Applicant who had spent a continuous period of 5 years lawfully in the UK as a Tier 2 migrant.* The Applicant opted to apply in person at a premium service centre as he wanted a decision on the same day. Our team of solicitors duly prepared the settlement application which was accompanied with concise but detailed legal representations and the requisite supporting documentation. Following the Applicant's appointment at the visa centre, he received news a few hours after submission that his application had been successful and he had been granted Indefinite Leave to Remain. The Applicant will now be looking to apply for naturalisation in a years time. ## Applying for Settlement in the UK Those who wish to apply for Indefinite Leave to Remain (“ILR”) in the UK can do so once they have completed the requisite length of continuous stay in the UK under eligible categories. For example, holders of a UK work permit, HSMP, Tier 1 General and Tier 2 visa can apply for ILR after 5 years of continuous residency in the UK. 5 years for this purpose can be a combination of these and some related visa categories (but not other visas such as an Ancestry visa). Some of the other requirements applicants must meet are: - providing evidence that they have knowledge of language and life in the UK (must sit a Home Office approved English test and pass a Life in the UK test); and - applicants must not fall for refusal under the general grounds for refusal and must not be an illegal entrant. ##  Same Day Appointments at UK Visa Centre Some visa applications can be made in person at a premium service centre. This may be of interest to those who want a quick decision when they apply to extend their visa or settle in the UK. Not all applications can be submitted in this manner; those interested in this service should first consider the list of applications when you cannot use this service. This list can be found [here](https://www.gov.uk/ukvi-premium-service-centres/when-you-cant-use-the-service). Our expert immigration team of lawyers are able to assist you on the day; please do get in touch for more information of the services we provide. ## Contact us for a successful Settlement / Indefinite Leave to Remain application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02071830529 for a free telephone assessment and free case assessment. --- # UK Immigration: Indefinite Leave to Remain Revoked? Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-indefinite-leave-remain-revoked/ *There have recently been a number of cases regarding individuals who have been granted ['indefinite leave to remain'](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) (ILR) only to have their indefinite leave to remain revoked. Migrants who have legally lived in the UK can apply for settlement after a certain period of time, depending on the type of visa they hold in the UK. Indefinite leave to remain enables individuals to stay in the UK permanently, however, in certain circumstances their indefinite leave to remain can be revoked.* ## Home Office: Reasons to Revoke Indefinite Leave to Remain Under [Section 76 of the Nationality, Immigration and Asylum Act 2002](http://www.legislation.gov.uk/ukpga/2002/41/section/76) the Secretary of State for the Home Office has the power to revoke an applicant's indefinite leave to remain or enter in the UK if the individual: - **Is liable for deportation:** The UK Secretary of State may find a person liable to deportation if they decide that the   individual is conducive to the public good. - **Has obtained leave or entered the UK by deception: **A person's indefinite leave to remain or indefinite leave to enter can be revoked if the Secretary of State believes that the person has used deception to obtain their stay or entered the UK by 'making false representations or submitting false documents (whether or not material to the application), or failing to disclose material facts'. - **Ceases their refugee status as a result of their actions: **This is applicable in instances where a person is 'voluntarily establishing themselves in a country in respect of which they were a refugee', 'voluntarily re-acquiring a lost nationality', 'acquiring the nationality of a country other than the United Kingdom and availing himself of its protection', or  is 'voluntarily establishing himself in a country in respect of which he was a refugee'. The UK Home Office has set out a number of reasons for revoking indefinite leave to remain in their ['Asylum Policy Instruction'](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/257396/revocationofindefiniteleave.pdf) which expands on section 76 of the above mentioned acts. ## How can we assist if your ILR is revoked If your indefinite leave to remain in the UK is subject to revocation and you have been given the right to appeal our expert Immigration Solicitors can prepare and represent you at your appeal hearing. Our immigration team will ensure that all the relevant points of refusal are challenged to stop your leave being revoked. If you have not been given the right to appeal you may be able to challenge the HOme Office's decision by considering a claim for Judicial Review. If your indefinite leave is revoked we can assess your matter in more detail to determine whether or not you qualify for leave in the UK in another immigration category. This may be under 'discretionary leave' or 'restricted leave'. Alternatively, a person may be subject to 'temporary leave. ## Contact us for a successful Settlement / Indefinite Leave to Remain application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # UK Immigration: Fall in Australian Migration as a Result of Visa Restrictions Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-fall-australian-migration-result-visa-restrictions/ *According to a report conducted by** **[think tank Commonwealth Exchange](http://www.commonwealth-exchange.org/blog/) the number of Australian migrants coming to the UK has drastically fallen in recent years. The figures show that Australian migration to the UK has gone from 40,000 in 1999 to just 26,000 in 2011. The findings of the report sparked a debate in UK's Parliament as a number of MPs are pushing to ease visa restrictions placed on Australian nationals.* ## UK Immigration Policies Discriminative against Commonwealth Countries In 29 January 2015 a heated debate took place in Parliament which questioned whether countries should still have the Queen as a Head of State, if they do not hold the same immigration privileges given to EU nationals. A number of MPs in Parliament were arguing that the current UK immigration policies were 'discriminating against Commonwealth citizens, notably Australians, New Zealanders and Canadians'. Conservative MP, Andrew Rosindell believes that the UK should introduce an [immigration policy that shows preference to countries](http://www.9news.com.au/world/2015/01/30/04/46/westminster-mps-debate-easing-visa-restrictions-for-aussies) that have shared cultural and historical links, such as language and have the Queen as Head of State. > "Being a subject from one of Her Majesty’s realms or being from a Commonwealth nation should count for something when looking to visit, work, study or live in the United Kingdom, at the moment it appears to count for little. As a result over the past 13 years immigration from Australia and New Zealand -two nations with which we have a shared history and culture like no other, expect perhaps for Canada — has almost halved, whereas immigration from EU continues to rise at a rapid pace." In defense of the UK Government, [Undersecretary of State Karen Bradley stated ](https://web.archive.org/web/20151113191746/http://www.news.com.au:80/national/easing-australian-visa-restrictions-to-the-uk-has-become-a-hot-topic-among-westminster-mps/story-fncynjr2-1227201214796)that there are a number of visa routes for Australian nationals to come to the UK. Furthermore, First Secretary of State William Hague added that although migration restrictions against Australians is recognised it was not stopping them from visiting the UK. ## UK Visa Routes for Australian Nationals **General Visitor visa: **You can apply for a General [Visit Visa ](https://www.gov.uk/standard-visitor-visa/overview)if you wish to come to the UK to see friends or family or as a tourist. If you have family members settled in the UK they can sponsor your visit.* * **UK Ancestry visa: **The [UK Ancestry visa route](https://www.gov.uk/ancestry-visa/overview) is for Commonwealth citizens who have a grandparent who was born in the UK, Channel Islands or the Isle of Man prior to 31 March 1922 and who wishes to migrate to the UK with the freedom to live and work. **Tier 5 Youth Mobility Scheme:**** **[This scheme](https://www.gov.uk/tier-5-youth-mobility/overview) is for young people aged between 18 - 31 years old who want to live and work in the UK. Every year the government allocates a number of places on the scheme for each country and territory. The countries currently participating in the scheme are Australia, Canada, Japan, New Zealand, Monaco, Taiwan and Republic of Korea. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide all Australians through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Pregnant Spouse Forced Apart from British Husband Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-pregnant-spouse-forced-apart-british-husband/ *Last week, it was reported that a [Filipino national who is 7 months pregnant with her British husband may be forced apart](http://www.standard.co.uk/news/uk/pregnant-wife-blocked-from-living-with-british-husband-due-to-uk-visa-rules-10010168.html), resulting in her husband missing the birth of their first child. The Filipino national had applied for Entry Clearance as a spouse of a British National, however, the application was refused on the basis that the couple did not meet the Home Office's complex financial maintenance requirements. * ## British National Fails to Meet Financial Requirement Ian Wooton is a football coach based in Bromley and is expecting his first child with Filipino national, Sunshine. Sunshine, who is due to give birth in a couple of months, already has an 18 month old son from a previous relationship and was looking to join her husband in the UK. As Sunshine has one dependent child, Mr Wooton is required to show that he earns £22,400 annually or has savings of £72,000, under the Immigration Rules. Mr Wooton expressed that he meets other requirements such as owning the property which he plans to reside in with his wife and children. Furthermore, he stated that he has £20,000 in savings. Therefore, Mr Wooton is adamant that he and his young family would have no recourse to public funds. [He stated](http://www.dailymail.co.uk/news/article-2931462/Newlywed-couple-set-separated-birth-child-UK-visa-rules.html): > "I never ask for help financially; I always pay my bills. Yes, I am on a low income, but I do not have credit card debts and I work in a job which brings benefit to the community. Yet, you could have someone who is earning more than me who is not financially stable, who would not be subject to these same rules. I mean, what ordinary person just has £72,000 in their savings? It's impossible." The Home Office refuses to comment on individual cases but assured that the UK Immigration Rules are in place so that 'migration does not become a burden on the rest of the public'. It is understandable that the UK Home Office has tax payer's best interest in mind when deciding immigration cases. However, it is disappointing when families are kept apart when they clearly demonstrate that they are in a genuine subsisting relationship and are able to maintain themselves but fail to meet the stringent UK Immigration Rules. ## Immigration Advice for UK Entry Clearance Spouse Visa The UK Spouse visa is for non-EEA nationals who want to join their partner in the UK who is a British citizen or a person who is settled in the UK. If you are based outside the UK you are required to make an entry clearance application, which our expert immigration Solicitors have a 100% success rate in. The Home Office has set out the requirements for family members in [Appendix FM](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members). In order to be eligible for entry clearance in the UK as a spouse, you must meet three mandatory requirements (relationship, English language and financial requirement). If you want advise on whether you meet the above requirements we can arrange for you to have a consultation with our city of London Solicitors. During the consultation the UK Solicitors will carry out a detailed assessment of your immigration history and current circumstances in order to declare if you are eligible for an entry clearance Spouse visa. Furthermore, if you do not meet the requirements of the Home Office we will look at other visa routes that are better suited to you. ## Are you Eligible for a UK Spouse Visa under the Immigration Rules? Our team of experienced and professionally qualified immigration solicitors and barristers will be able to go through the Home Office’s requirements with you. As well as, the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: International Students Choosing UK to Study Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-international-students-choosing-uk-study/ *According to the [Home Office's current immigration statistics](https://www.gov.uk/government/publications/immigration-statistics-april-to-june-2014/immigration-statistics-april-to-june-2014#study-1) the number of international students being granted 'study-related visas' has increased by 13,885 in the year ending June 2014.  This figure shows that universities across the UK continue to attract students from overseas, estimating that they make up 81% of the student population in the UK in 2014. * ## UK Second most Population Destination for International Students The increase of 13,885 international students in the UK in 2014 was made up of Chinese, Brazilian, Malaysian and Libyan nationals. Therefore showing that the increase of students in the UK is coming from outside the EU. The number of EU students studying in the UK has stayed consistent going from 125,290 to 125,300 in 2014. Furthermore, Chinese nationals made up more first year students in the UK's higher education than the total number of EU students. The [UK is said to be the second most popular destination for international students](https://web.archive.org/web/20210115175323/https://discoversociety.org/2015/02/01/policy-briefing-immigration-and-higher-education-a-uk-perspective/) after the United States of America. The UK continues to be a popular location for students wanting to study outside their country of origin, as the English language is still viewed as the “global language”. However, there are fears that the current UK Immigration Rules may threaten the prospects of new international students coming to the UK. The treatment of international students in the UK has been a hot topic of debate in politics running up to the May 2015 elections. Universities UK are campaigning for the future UK Government to make the following changes: - Create an 'international student growth strategy' with investment to support 'international marketing, mobility and partnerships' - Following through with the on-going argument of removing international students from the net migration target - Make international students and staff more welcome - Provide more opportunities for international graduates to work and contribute to the UK economy. ## UK Immigration Advice for Tier 4 Students The Tier 4 Student visa category is for those international students who wish to come to the UK to study and experience life and culture in the UK. Our expert UK Solicitors can help with your Tier 4 Student Visa applications and queries. Our expert team of lawyers can assist you with the preparation of your application and ensure that you meet with all the requirements of the relevant Immigration Rules, we will ensure that all key points are substantiated with documentary evidence thereby leading to a successful visa application and avoiding unnecessary expense of re submitting your application to the Home Office. ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: UK is the Top European Country for International Investors Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-uk-top-european-country-international-investors/ *In 2014, the UK was one of the most popular destinations for attracting Foreign Direct Investment (FDI), coming only second to the United States of America for inward investment. According to the [UK Trade & Investment (UKTI) inward investment report 2014](https://www.gov.uk/government/publications/ukti-inward-investment-report-2013-2014/ukti-inward-investment-report-2013-2014--2#strong-global-investment-figures), the United States of America is the largest source of FDI projects for the UK, producing 501 projects in 2014. * ## UKTI Report: Number of Countries Investing in the UK According to the UKTI report, the UK has remained the top European country for FDI investments. As stated above the US is the largest source of investments into the country, however, there are a number of other countries that are showing an interest in the UK. For instance Canada's investment increased by 41% in 2014 creating 89 projects. The two largest European countries contributing to the UK are France and Germany. Advanced manufacturing industry groups such as automotive, aerospace and advanced engineering have produced the highest number of investment projects and jobs in the UK. Individual sectors such as software and computer services contributed to the largest number of investment projects in a single sector creating 229 projects. Financial services have also performed well in 2014, creating 159 projects and business and consumer services (128 projects). The increase in the number of investments in the UK in 2014 in these sectors have created an estimated 52,922 jobs. It has been predicted that the increase in the FDI's in the UK could reach an estimated £1.5tn by the year 2020, with China announcing they are going to invest £125bn into the UK by 2025. Furthermore, as a number of countries are looking to invest in the UK there are a number of individuals being granted [Tier 1 Investor visas granted in the UK](https://www.gov.uk/government/publications/immigration-statistics-april-to-june-2014/immigration-statistics-april-to-june-2014#study-1) in 2014, increasing to 484. The Financial Times reported [Chinese High Net Worth Individuals (HNWIs) accounted for 43%](http://www.managementtoday.co.uk/news/1329224/chinese-investors-buying-britain/) of UK Investor visas issued during the year ending September 2014. ## Tier 1 Investor Visa Route The Tier 1 Investor Visa category of the Points Based System is for open to individuals who wish to make a substantial financial investment in the UK*. *It is no surprise that international investors are attracted to the UK as it has on numerous occasions been dubbed a global financial and technology hub. Additionally, if you invest a certain amount in the required number of years you will be eligible for settlement in the UK. - **Investment of £2 Million**. As an investor you will qualify for Indefinite Leave to Remain (ILR) after five years, provided that you have invested £2,000,000 in the UK. - **Investment of £5 million**. If you invest £5,000,000 you will be able to apply for ILR after the investment has been in place for three years. - **Investment of £10 million**. If you invest £10,000,000 you will be able to apply for ILR after the investment has been in place for at least two years. Our city of London Solicitors will be able to guide you through the process of applying for a Tier 1 Investor visa. ## Making a UK Tier 1 Investor Visa Application The changes have now been implemented and will only apply to Tier 1 Investor applications made after the 6 November 2014. Applicants who currently hold this a Tier 1 Investor visa, need not worry as they will only need to invest £1m but will remain subject to the current rules including the “topping up rule” and the 75:25 split. Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1 Investor visa application (and applications for your dependents) step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Benefits of Skilled Migrant Workers to UK Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-benefits-skilled-migrant-workers-uk/ *In the run up to the May 2015 general elections, UK immigration has been at the forefront of political debates. So far, the major focus has been on **how the Government can control or reduce migration in the UK. However, those who are pro-migration believe that the real question should be what are the [benefits of migration to the UK](http://www.theguardian.com/sustainable-business/2015/feb/05/general-election-honest-debate-immigration)? Statistics show that the nation should not easily dismiss the contribution migrants make to the UK economy. * According to the UCL Centre for Research and Analysis of Migration (CReAM), between 2001 to 2011, European [migrant workers contributed more than £20bn](http://www.ucl.ac.uk/news/news-articles/1114/051114-economic-impact-EU-immigration) to the UK economy. Below, we will discuss the contribution made by non-EU migrant workers. ## Increase in Work-Related Visas Granted European migrant workers are not the only ones contributing to the UK economy. According to the Home Office's official immigration statistics in the year ending June 2014 there was an increase in the number of work visas granted to non-EU migrants. Increasing by 14,799 in 2014 to 159,302. The majority of this figure was for skilled workers being granted Tier 2 visas. We have reported a number of stories that prove work-forces in the UK rely heavily on migrant worker. Employers from the [NHS](https://immigrationandvisasolicitors.co.uk/uk-immigration-filipino-nhs-worker-defends-migrants-in-the-uk/) to construction firms are employing migrant workers, simply for the reason that UK employers believe that migrant workers are “more flexible, mobile and reliable workforce”. Furthermore, UK employers state that skilled migrant workers are filling roles that UK natives simply do not have the skills for. In contrast, overqualified migrant workers are even found to be more willing to [take on low skilled jobs](https://immigrationandvisasolicitors.co.uk/mac-report-growth-eu-non-eu-labour-low-skilled-jobs/) in comparison to UK born nationals. Despite the positive contribution of migrant workers, the current [UK Immigration Rules are making it harder for UK employers](https://immigrationandvisasolicitors.co.uk/uk-immigration-laws-restricting-businesses-from-employing-skilled-workers/) to hire skilled migrant workers and so the debate on the treatment of migrants in the UK continues. ## Are you a Migrant Worker looking to Work in the UK? The Tier 2 (General) category of the Points Based System (PBS) is for non-European migrants who have been offered a highly skilled job  by a UK employer to fill a gap in the workforce that cannot be filled by a settled worker. Under this category, you must have a job offer in the UK and a Certificate of Sponsorship (CoS) from an organisation that is a licenced sponsor in the UK. According the Home Office statistics, in the year ending June 2014 there were 50,619 skilled worker Tier 2 sponsored visa applications granted. Our city of London Solicitors can help you through the process of applying for a [Tier 2 General visa](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) or a [Tier 2 Sponsorship Licence](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) if you are looking to employ a non-EU migrant worker. Our team of lawyers can assist you with the preparation of your visa application and carry out a detailed consultation to assess your matter in accordance to the relevant [Immigration Rules](https://www.gov.uk/government/collections/immigration-rules). We will highlight all key points in the documentary evidence required and suggested by us with the visa application to ensure a strong application is submitted and avoid unnecessary expense of re submitting your application to the Home Office. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Case Study: Entry Clearance Tier 5 Youth Mobility Visa Success Source: https://immigrationandvisasolicitors.co.uk/uk-case-study-entry-clearance-tier-5-youth-mobility-visa-success/ *Our Immigration Solicitors were recently instructed by a client who wished to obtain entry clearance to the UK under the Tier 5 Youth Mobility Scheme. Our client is a Canadian national who had initially entered the UK on a Tier 4 Student visa to study English Language and Literature. After completing her three year course and undertaking a couple of internships, she returned to Canada before the expiry of her Tier 4 Student visa. * Our Immigration team at LexLaw worked closely with the client to assist her with the Tier 5 Youth Mobility Scheme procedure and submitted a completed visa application form, appendix form and all the supporting documents as required by the [Tier 5 (Youth Mobility Scheme) policy guidance notes](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/300096/Tier_5__YW__guidance_04-14.pdf). Furthermore, the Immigration Solicitors accompanied the visa application and supporting documents with detailed legal representations. We were extremely happy that our client's Tier 5 Youth Mobility visa was granted within a week of submitting the UK visa application. ## High Volume of Tier 5 Youth Mobility Visas Granted According to the [Home Office's statistics](https://www.gov.uk/government/publications/immigration-statistics-april-to-june-2014/immigration-statistics-april-to-june-2014#study-1), in the year ending June 2014 the number of work-related visas increased by 14,799. A high volume of this figure was accounted for by Youth mobility and temporary workers under the Tier 5 visa category. The Tier 5 Youth Mobility Scheme is for young people aged between 18 to 31 years old, who are eager to experience living in the UK for up to two years. For the duration of these 2 years there are no restrictions on working, however you may not set up your own business, work in professional sports or work as a trainee doctor. Every year the government allocates a number of places on the scheme for each country and territory. The countries currently participating in the scheme are listed in [Appendix G of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-g-youth-mobility-scheme). ## UK Immigration Advice for Tier 5 Visa Applicants Our expert Immigration Solicitors can help applicants who want the opportunity to experience life and culture in the UK whilst being permitted to work. The process of applying for a Tier 5 Youth Mobility visa starts with a detailed consultation with our city of London Solicitors. During the initial consultation we will go through your immigration history and provide you with every possible visa route that you are eligible for.  If you do meet the requirements of a Tier 5 Youth Mobility visa in accordance with the policy guidance, we will provide you with a bespoke documents list tailored to your circumstances. Our expert Immigration Solicitors will write up detailed legal representations,  prepare the visa application and assort the bundle of documents with hope of getting a speedy decision for you. ## Successful Tier 5 Visa Applications Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 5 Youth Mobility Visa](https://immigrationandvisasolicitors.co.uk/tier-5-temporary-workers-yms/) or [Tier 5 Temporary visa](https://immigrationandvisasolicitors.co.uk/tier-5-temporary-workers-yms/) step by step and limit the possibility of failure by complying with the strict letter of the law. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # UK Immigration: Home Office Refuse Spouse Visa for Submitting Wrong English Test Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-home-office-refuse-spouse-visa-submitting-wrong-english-test/ *Today, it has been reported that a married couple of 6 years are facing being separated after the UK Home Office refused their application for a spouse visa extension. The Home Office's reason for refusal was due to the fact that the applicant had submitted an English language test which was not recognised by the Home Office. * ## English Language Test not Recognised by the Home Office Jirapon is a Thai national who has resided in the UK with her British husband, Phil Doidge since 2008. The couple married in Thailand and Jirapon applied for and successfully obtained a UK Spouse visa in 2008. Since her arrival in the UK, Jirapon has worked full time, pays her taxes and frequently donates to UK charities. In 2013, Jirapon applied for a Spouse visa extension which was refused due to the wrong English language test being submitted with the visa application. The couple lodged a number of appeals at the First-tier Tribunal and Upper Tribunal in light of the Home Office's decision which have been repeatedly dismissed. Jirapon also took a 'City & Guilds International Speaking and Listening' test in October 2014, which is on the Home Office's [approved list](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/618323/2017-06-01_-_Approved_Secure_English_Language_Tests_and_Test_Centres.pdf) of Secure English Language Tests. Despite this the Home Office refused to change their initial decision and Jirapon is due to leave the UK on 13 February 2015, a day before valentine's day. Mr Doide stated that he and his wife have been so distraught with the Home Office's decision that they decided to raise the issue with Labour leader Ed Miliband at a question and answer session in Plymouth. A member of the Labour leader's staff told the couple that Mr Milliband would be in touch with the Immigration Minister after hearing their story. If Jirapon and Phil do not resolve their immigration matter by next week, Jirapon will have no choice but to make an entry clearance Spouse visa application from Thailand in order to join her husband in the UK. ## Meeting the Home Office's English Language Requirement Currently, an applicant can meet the [Home Office’s English language requirement](https://www.gov.uk/english-language) in one of the following ways: - By passing an acceptable test at a minimum level A1 of the Common European Framework of Reference for Languages (CEFR) with an approved provider, or - By being a national of a majority English speaking country, or - By having an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelors/Master’s degree or PHD in the UK which was taught in English. The UKBA provides an exemption for those aged 65 or over, those who have a mental or physical disability or those who have exceptional circumstances which prevent them from meeting the requirement. ## Do you meet the Home Office's Requirements for a UK Spouse Visa? Our team of experienced and professionally qualified immigration solicitors and barristers will be able to go through the Home Office’s requirements with you. As well as, the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Minister Agrees Spouse Visa Requirements are ‘Unacceptable’ Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-minister-agrees-spouse-visa-requirements-unacceptable/ *This week, [Security and Immigration Minister James Brokenshire](http://www.bbc.co.uk/news/uk-politics-31377750) has agreed with many British citizens who argue that UK Immigration Rules are tough on spouses. British nationals who wish to bring their non-EU spouses to the UK must meet a number of requirements, however, it is the financial requirement threshold of £18,600 that the majority of British nationals fail to meet.* ## UK Immigration Rules 'Unfair' on Non-EU Spouses In July 2012 Theresa May implemented a new maintenance funds requirement, which was introduced for British nationals who want to bring their non-EU spouses to the UK.  We have [reported a number of stories](https://immigrationandvisasolicitors.co.uk/?s=financial+requirement) highlighting issues families face due to the fact that their British counter-parts fall short of the financial requirement. Home Affairs Committee chairman, Keith Vaz has admitted the current Immigration Rules are 'unfair' towards non-EU spouses. This is partly due to the fact that the financial and English language requirements do not apply to spouses of EU nationals under the same circumstances. > "Two people living in identical houses next to each other - one who happens to be British born or a person with indefinite leave tried to bring someone from India, they have got to show their £18,600. However, the next door neighbour who comes from Slovakia, who has settled in Leicester, and who wants to bring her spouse in, doesn't have to show that income. That's unfair isn't it?" Immigration Minister, Mr Brokenshire agreed with Mr Vaz, stating that it is "something that needs to be addressed." The [Home Office official statistics](https://www.gov.uk/government/publications/immigration-statistics-april-to-june-2014/immigration-statistics-april-to-june-2014#family-1) also reflect the difficulty of obtaining a UK Spouse visa. In the year ending June 2014, the number of Spouse visas granted fell from 20,491 to 17,717. ## Immigration Advice for UK Spouse Visa Our expert Solicitors at LexLaw has a 100% success rate in UK Spouse visa applications and treats each case individually, providing detailed assessments to our clients. Our detailed consultations are to ensure that you are eligible to make a Spouse visa application. If you are found not to be eligible, our Immigration Lawyers will explore your other visa options. As noted above, in order to bring your non-EU spouse to the UK you must earn an annual income of [£18,600 or have the specified savings as shown in Appendix FM](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members). Furthermore, if you have one child dependent you have to show an additional  £3,800  and an extra  £2,400 for each additional child after that. Our city of London solicitors will guide you through the financial, language and relationship requirements in accordance with the UK Immigration Rules. Making the process as easy as possible and working hard to get a successful result. ## Are you Eligible for a UK Spouse Visa under the Immigration Rules? Our team of experienced and professionally qualified immigration solicitors and barristers will be able to go through the Home Office’s requirements with you. As well as, the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Home Secretary Plans to Make Visa Process Easier for Visitors Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-home-secretary-plans-make-visa-process-easier-visitors/ *This week, [Home Secretary Theresa May announced plans to make the immigration process easier ](http://www.telegraph.co.uk/news/uknews/immigration/11404368/Visa-red-tape-will-be-cut-to-help-businesses-Theresa-May-announces.html)for international performing artists and business individuals to come to the UK. The changes which are expected to be implemented in April 2015, will see the abolishment of 15 different visa categories and be replaced with four types of visas for those seeking to visit the UK for a limited period. * ## Britain Remains Open for Business & Visitors Under the new changes individuals will be able to use one visa to holiday in the UK and attend business meetings, currently they would be required to obtain two separate visas. The reforms will also see a reduction in the visa processing times and Theresa May is hoping the changes to the UK visa system will make the UK a more attractive destination for businesses. > "Fine-tuning the immigration system will help ensure we are demonstrating to the rest of the world that Britain remains open for business and that visitors are always welcome in the UK, whether they come for leisure or work. In a global marketplace we must make sure we stay ahead of our competitors as we work to carry on attracting the business and leisure travellers who will help our economy grow further still." In recent months business leaders and professionals in the arts have argued the current UK Immigration Rules are affecting the UK economy and making it difficult for talented overseas artists to come to the UK. Just last month we reported that [one of Syria's most renowned artists was refused a UK Business Visitor](https://immigrationandvisasolicitors.co.uk/uk-immigration-syrian-artists-business-visitor-visa-refused/) visa due to the fact that the Home Office was not satisfied that he would return to Syria. This is just one story that has highlighted the difficulties of talent that has been refused entry into the UK. The Home Secretary believes that cutting down the number of visa categories will make it easier for individuals who want to work and enjoy the UK for a limited period of time. ## 4 New Visa Categories for Applicants Visiting the UK The [new four visa categories](http://www.standard.co.uk/news/politics/theresa-may-announces-sweeping-reform-to-visa-system-10035988.html) which will be introduced in April 2015 will include the following (have not officially been named): - A standard visa, which will apply to general tourists. - A visa which for individuals 'waiting to undertake paid engagements such as appearing in concerts, theater or other performance arts'. - A visa for individuals who want to come to the UK to get married or enter a civil partnership. - Transit visa, which is for individuals who are just passing through the UK. ## Successful UK Visitor Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Rules Forces Thousands of Spouses Apart on Valentine’s Day Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-rules-forces-thousands-spouses-apart-valentines-day/ *This week, it has been reported that thousands of couples in the UK will be separated this Valentine's day. This is due to British sponsors who are in relationships with non-EU nationals not being able to meet the UK Immigration Rules. Earlier this week we reported on a married couple of 6 years who were being separated due to the non-EU spouse submitting the wrong English language test. Passing an English language test is just one of the requirements for individuals who want to join their British partners in the UK. Another fundamental requirement under the Immigration Rules is the financial requirement, where British nationals must be able to show they earn at least £18,600.* ## 25% of Family Related Visa Applications were Refused in 2014 According to the [Home Office's most recent official statistics*, *25% of family related visa applications were refused](https://www.gov.uk/government/publications/immigration-statistics-april-to-june-2014/immigration-statistics-april-to-june-2014#family-1) in 2014. The Home Office has a stringent criteria which you will need to meet in order to make a successful visa application. There is an extensive amount of documentary evidence applicants and their sponsors need to provide to demonstrate that they are in a genuine relationship and that they meet the financial requirements as set by the UK government. Most applications are refused because applicants have not been able to fully substantiate this. ## Immigration Advice for UK Spouse Visa Our expert Solicitors at LexLaw have a 100% success rate in UK relationship based applications and treats each case individually, providing detailed assessments to our clients. Our detailed consultations are to ensure that you are eligible to make a Spouse visa application. If you decide to instruct us we will provide you with a bespoke documents list tailored to your circumstances. As noted above, in order to bring your non-EU spouse to the UK you must earn an annual income of[£18,600 or have the specified savings as shown in Appendix FM](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members). Furthermore, if you have one child dependent you have to show an additional  £3,800  and an extra  £2,400 for each additional child after that. Our city of London solicitors will guide you through the financial, language and relationship requirements in accordance with the UK Immigration Rules. Making the process as easy as possible and working hard to get a successful result. ## Are you Eligible for a UK Spouse Visa under the Immigration Rules? Our team of experienced and professionally qualified immigration solicitors and barristers will be able to go through the Home Office’s requirements with you. As well as, the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Case Study: Tier 5 Sponsorship Licence Success Source: https://immigrationandvisasolicitors.co.uk/uk-case-study-tier-5-sponsorship-licence-success/ *Recently our expert Immigration Solicitors were instructed by a well known basketball organisation in relation to an application for a Tier 5 Sponsor Licence. The organisation is a start-up company as it has been trading in the UK for less than 18 months. Our Solicitors at Lexvisa provided the basketball organisation with a detailed documents list tailored to their company in order to be able to prove that they are a genuine organisation and a basketball team which is operating legally in the UK. Furthermore, our expert Immigration Solicitors wrote comprehensive legal representations and prepared the application for the client. * We submitted the application with confidence that the organisation met the eligibility and suitability criteria required for this application as required in the Home Office's Tier 2 and Tier 5 of the points based system - guidance for sponsors.* *Our Solicitors received news from UK Visas & Immigration that our client has obtained an 'A' rated Tier 5 Sponsorship Licence and is now able to sponsor basketball players from outside the EU to play basketball professionally in the UK. ## Sponsorship Licence for Employers According to the [Home Office's official immigration Statistics](https://www.gov.uk/government/publications/immigration-statistics-april-to-june-2014/immigration-statistics-april-to-june-2014#family-1) the total number of employers registered to employ Tier 5 and Tier 2 employees was 28,302 in the year ending June 2014. This figure is 6% higher than the previous year. If an organisation is established in the UK and wants to sponsor individuals who want to play sports, they must obtain a Sponsorship Licence. As an employer wishing to obtain a Sponsor Licence, we would arrange for you to meet with our Immigration Solicitors at our London offices to explore your matter in detail in order to measure the eligibility of your company. Before applying for a Sponsorship Licence you must make sure you have an endorsement from the governing body for your sport which is recognised by the UK Home Office as a genuine organisation. The list of governing bodies currently recognised by the Home Office is in [Appendix M of the UK Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-m-sports-governing-bodies). If you are a start-up company, the checks by the Home Office will be different to the checks carried out on more established businesses in the UK. As a start up company, you should provide documents such as evidence that you have a current, corporate bank account with a bank registered by the Financial Conduct Authority in the UK. The Home Office have set out documents that are mandatory to submit with a sponsorship licence application in Appendix A. We would review the documents that you have collated in order to ensure that your sponsorship licence application meets the Home Office’s mandatory requirements and provide you with feedback. ## Tier 5 Sporting & Creative Visa The Tier 5 Sporting & Creative visa is a sub category of the Tier 5 Temporary Workers visa route. The Tier 5 Sporting & Creative visa is for those coming to the UK to work or perform as sports people, entertainers or creative artists for up to 12 months. Entertainers and creative artists may apply to extend their stay to a maximum of 12 months if they continue to work or perform for the same sponsor. If you are a sportsperson, you must be internationally established at the highest level in your sport and/or your employment must make a significant contribution to the development and running of sport at the highest level in the UK. If you are a coach, you must also be suitably qualified to do the job. ## Successful UK Tier 5 Sponsorship Licence Application Obtaining a UK Sponsorship licence is far from a straightforward process involving referencing not only the immigration rules but also supplementary guidance notes. Together with this issue is ensuring that the bundle of supporting documents meets the Home Office’s stringent requirements and properly evidences the application. For this reason it is usual for a professional employer to instruct expert immigration sponsorship solicitors to manage this process. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your eligibility in obtaining a UK Sponsorship Licence and to find out more about your [duties once you are a Sponsor](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/ukba-uk-sponsor-licence-sponsorship-home-office-duties-work-permits/). --- # Home Office Introduces ‘Change of Name’ Policy on Official Documents Source: https://immigrationandvisasolicitors.co.uk/home-office-introduces-change-name-policy-official-documents/ *James Brokenshire, the Minister for Immigration and Security, today revealed [new guidance for Home Office case workers](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/404748/Align_Change_of_Name_Guidance_-_v1_0.pdf) which shows that the Government is cracking down on criminals who change their names to avoid detection. [James Brokenshire hopes that the new guidance will ensure that there is a consistent approach](https://www.gov.uk/government/news/crackdown-on-criminals-who-change-their-names-to-avoid-detection) to handling change of name applications for official documents such as the British passport, Home Office travel documents and Biometric Resident Permits (“BRP”).* ## Rationale Behind Home Office’s Policy Guidance The Home Office’s guidance states that the policy “aims to make it more difficult for people to change their identities to support criminality and to ensure there is a consistent approach to handling applications to change names contained on official documents.” This policy applies to applications to changes of names and identities to the following documents: - British Passport, including Emergency travel documents and emergency passports; - Home Office Travel Documents; - Biometric residence permits; - Visas; - Right of Abode and certificates of entitlement; and - Residence Documents issued to EEA nationals and their family members, including derivative categories. Where a person is seeking to change an identity on one of the Home Office documents listed above, the person is required to provide supporting evidence that they intend using that identity for all purposes of their life. ## BRPs required for all Entry Clearance Visas for 6 months & above In addition to the above policy, the Home Office recently announced that individuals from overseas who apply for a visa for more than six months will be required to obtain a Biometric Residence Permit (BRP) following their arrival in the UK. The Biometric regulations will be rolled out for a four-month period beginning in March 2015 and will apply to all overseas nationals by 31 July 2015. The initiative will be rolled out in phases over a four-month period, which is expected to commence in March 2015 starting with nationals form Pakistan. The new process will then apply to all overseas nationals by 31 July 2015. ## Contact our expert legal immigration team for advice on your visa application Foreign nationals who apply to become British citizens may be registered or naturalised in their married name, however they must first change their name on their passports and travel documents to reflect their married name before submitting an application. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # UK Immigration Report: Home Office Highlights Tier 2 Migrant’s Journey Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-report-home-office-highlights-tier-2-migrants-journey/ *Today, the Home Office published statistics highlighting the ['Migrant Journey'](https://www.gov.uk/government/publications/migrant-journey-fifth-report/migrant-journey-fifth-report#key-facts) in the UK. The immigration report is based on UK Visas and Immigration (UKVI) data for migrants granted UK visas in the main six entry clearance visa routes: family, skilled workers, temporary workers, students, visitors and **dependents. The aim of the report is to understand the process that non-EU migrants go through, from their initial entry into the UK to switching to another visa or settling in the UK. Here we will focus on Tier 2 skilled migrant workers who entered the UK with the potential path to settlement. * ## 20% of Skilled Workers Granted Settlement in 2013 According to the report, 18,359 of Tier 2 work visas issued to migrants in 2008 led to them being granted settlement in the UK 5 years later. A further 6,912 still had valid leave to remain in the UK, this may be due to individuals extending their visa or switching to another visa category. Indian nationals formed the largest group of skilled workers in the UK, totaling 39% of all Tier 2 work visas issued in 2008. The 4 other nationalities who entered the UK on a Tier 2 work visa in 2008 were American, Australian, South African and Chinese. Out of the 5 nationalities of migrants on Tier 2 visas, Chinese nationals were most likely to obtain settlement in the UK after 5 years, coming only second to American skilled workers. However, a lower number of Americans, along with Australians applied for and were granted settlement in the UK. Furthermore, 71% of Tier 2 visas granted in 2008 were for the main applicants and the remaining 29% were for their dependents. Between 2004 and 2008 the amount of Tier 2 Skilled Migrants being granted settlement in the UK has decreased. ## Skilled Workers Eligible for ILR The Tier 2 (General) category of the Points Based System (PBS) is for non-European migrants who have been offered a highly skilled job  by a UK employer to fill a gap in the workforce that cannot be filled by a settled worker. If you wish to apply for a Tier 2 General Visa we can help you with your application and queries. Our expert team of lawyers can assist you with the preparation of your visa application and assess your eligibility in accordance with the Home Office requirements. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding unnecessary expense of re submitting your application to the Home Office. If you have been in the UK on a Tier 2 General visa for a minimum of 5 years, our expert Immigration Solicitors can assist you in applying for Indefinite Leave to Remain (ILR) in the UK. Once you have obtained ILR our city of London Solicitors can help you, along with your dependents to apply for settlement in the UK. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: Business Visitors & Tourists in UK Increase Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-business-visitors-tourists-uk-increase/ *Today, it has been reported that leading up to Christmas in the UK in 2014 the [number of overseas tourists and business visitors](https://web.archive.org/web/20150814041736/http://www.yorkshireeveningpost.co.uk/news/latest-news/top-stories/bumper-christmas-sees-seven-year-high-in-leeds-hotel-bookings-1-7113693) increased. According to figures released by marketing agency 'Leeds and Partners', the city's hotels saw the highest occupancy level in the last seven years.  Hotels, along with the First Direct Arena and the Trinity Leeds shopping centre have also seen a rise in their revenues due to visitors in the UK. * ## Global Companies Choosing UK to do Business According to 'Leeds and Partners', the number of business visitors and tourists occupying hotel rooms peaked in November 2014 at 88%, this is 8% higher than any other month in 2014. In Leeds alone visitors have spent more than £26 million in the last 7 years. The chair of Leeds Hotels and Venues Association, Gordon Jackson believes the increase in hotel bookings in the city is due to the number of business visitors the UK attracts. Hotels in Leeds have accommodated a number of corporate sector bookings, conferences, day events and business clients. Jacquie Hanson, the general manager of The Queen in Leeds agreed with Mr Jackson, confirming conference room bookings in her hotel and accommodating international business visitors and clients were getting stronger. She stated: > "As global companies are choosing Leeds for their offices, they are bringing more and more business here." ## Activities Permitted for UK Business Visitors Individuals in the UK on a Business Visitor visa can only stay in the UK for up to 6 months, which may explain the increase in the number hotels rooms being occupied in the UK. Those who wish to come to the UK for business purposes can apply for a long-term visit visa which can last from 1 year to 10 years, but you can only stay in the UK for a maximum of 6 months at a time. There is normally confusion as to what individuals on a UK Business Visitor visas can and cannot do during their duration in the country. Our expert Immigration Solicitors will be able to guide you through the process to ensure you obtain the right visa to permit you to carry out the activities you are required to do on behalf of the business you are associated with. If you are on a Business Visitor visa **you are only permitted to**: - Carry out activities related to the job you are employed by; and - Study for up to 30 days, as long as it not the main reason you are in the UK. If you are on a Business Visitor visa **you cannot**: - Take paid or unpaid work that is not related to your employment; - Live in the UK for long periods of time through frequent visits; - Get married or enter a civil partnership; - Receive private medical care; - Receive public funds. ## Successful UK Business Visitor Visas Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Home Secretary Plans New Restrictive Policy for Students, Workers & Businesses Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-home-secretary-plans-new-restrictive-policy-students-workers-businesses/ *Today, the Financial Times have revealed Theresa May's plans for overseas workers, students and business individuals to take a ['British values' test in order to obtain a visa](http://www.ft.com/cms/s/0/0881d7c0-b85d-11e4-a2fb-00144feab7de.html#axzz3SIUVXlgA) to enter the UK. Ms May has attempted to justify the introduction of this new requirement for international visitors in the UK to counter extremism and seek out those who come to the country to promote terrorism. This is just another requirement on a long list that migrants are facing if they want to work, study or visit the UK.* ## Students, Business Individuals & Workers to Demonstrate 'British Values' We have reported over the last year the number of universities and businesses across the UK complaining about the restrictive immigration policies stifling the economy and talent into the UK. From Oxford University’s Migration Observatory describing the [UK visa system as 'hostile' towards international students](https://immigrationandvisasolicitors.co.uk/oxford-vice-chancellor-uk-immigration-visa-system-hostile-towards-students/) to [China’s ambassador, Premier Li Keqiang](https://immigrationandvisasolicitors.co.uk/uk-preparing-chinese-premier-li-keqiang-three-day-trip/) suggesting visa restrictions put on tourists and businessman will effect the UK's economic position. The draft report which has only been seen by the Financial Times [apparently states](http://www.huffingtonpost.co.uk/2015/02/20/uk-visa-application_n_6719332.html): > "We want to make clear to those seeking to visit, work or study in the UK, and those granted protection, that they need to abide by and respect British values throughout their stay in this country.We will make British values an integral part of applying for a visa." The stringent Immigration Rules have reflected in the Home Office's figures which states that in 2014 one out of every two Tier 1 Entrepreneur visa application submitted were refused. Consequently, talented entrepreneurs who are being refused are setting up their businesses in their home countries or elsewhere.  It is yet to be seen if the Home Secretary's plans will actually come into fruition, as she has yet to make any announcements. ## UK Immigration Advice for Individuals Coming to UK Whether you want to come to the UK to study, work, visit or for business purposes our expert Immigration Solicitors based in the heart of London will be able to assist you with your visa application. Detailed assessments will be made of your current situation and you will be provided with options that are best suited to your circumstances. Our Solicitors have had a successful run of the following visa applications under the Points-based system: - **Tier 1 UK Entrepreneur Visa category:** is for business persons who would like to establish a business in the UK or join and invest into an existing business. - **Tier 2 (General) category:** is for non-European migrants who have been offered a highly skilled job  by a UK employer to fill a gap in the workforce that cannot be filled by a settled worker. - **Tier 4 Student category:** are for international students who wish to come to the UK to study and experience life and culture in the UK. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Report: Post Study Work Opportunities for Graduates Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-report-post-study-work-opportunities-graduates/ *Today, the All-Party Parliamentary Group on Migration published their report on the UK's post study work opportunities for international students. According to the report the closure of the Tier 1 Post Study Work (PSW) visa route in April 2012, there has been a significant decline in the number of skilled international graduates remaining in the UK after they have studied in UK universities. * ## UK's Post Study Work Opportunities Need to Improve According to the report, after the closure of the Tier 1 PSW visa route in 2012, there was a decrease in the number of international students choosing the UK as their destination to study in 2012/2013. However, provisional data from the Higher Education Statistics Authority showed that there was a slight increase in 2013/2014 in the number of international students in the UK, but with the fluctuation in statistics the future of international students in the UK is uncertain. After the closure of the PSW visa route the UK Government relied on other points-based visa routes such as the Tier 2 (General) to fill the gap. This proved to not have the same effect as the Tier 1 PSW visa route, as 34,895 international students in the UK were granted Tier 1 PSW visas in 2012 after they had graduated in comparison to the 4,175 Tier 2 (General) visas which were issued to international graduate students in 2013. Worryingly these statistics show that there was a sharp drop of 88% in the number of highly skilled graduates remaining in the UK for employment. Nearly 50% higher than the UK Government were predicting. The report suggests the following to improve the current UK post study work opportunities for international graduates in the UK: - 'Maximising the attractiveness of UK higher education', in order for the UK to be able to compete with the international marketplace; - 'Continuing to serve the interests of UK employers', in particular UK based companies who need skilled worker in the areas such as Science, Technology, Engineering and Mathematics (STEM); and - Send the message to international markets that the UK  ‘open for business’. ## Current UK Post Study Work Routes for International Graduates Following the closure of the Tier 1 PSW visa route there are a number of other visa routes that individuals who wish to work in the UK can apply for with the assistance of our expert Immigration Solicitors: - **The Tier 2 (General) Visa:** Is for non-European migrants who have been offered a highly skilled job  by a UK employer to fill a gap in the workforce that cannot be filled by a settled worker. Under this category, you must have a job offer in the UK and a Certificate of Sponsorship (CoS) from an organisation that is a [licenced sponsor](https://www.gov.uk/government/publications/register-of-licensed-sponsors-workers) in the UK. If the organisation wishing to sponsor you is not a licenced sponsor, they will need to apply for a sponsorship licence before they can assign a CoS to you. - **The Tier 1 Graduate Entrepreneur Visa:**** **Allows graduates to extend their stay in the UK, after graduation, so they can establish businesses. The UK Government has placed a limit on the number of Graduate Entrepreneur Visa applications which is currently capped at 1,000 per year and equally divided amongst participating institutions. You can only apply for this visa if you are currently in the UK. - **Tier 4 (Doctorate Extension Scheme):** This route came into force in April 2013, allowing students an additional 12 months in the UK if they are coming to an end of their PhD or other doctorate qualification. - **Tier 5 Temporary Worker (Government Authorised Exchange visa):** Allows individuals to come to the UK for a short time for work experience or do training, an Overseas Government Language Programme, research or a fellowship through an [approved government authorised exchange scheme](https://www.gov.uk/government/publications/tier-5-government-authorised-exchange-schemes) ## Successful UK Points Based Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1, Tier 2, Tier 4 or Tier 5 application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a points based visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Report: Contribution & Impact of Migrant Workers Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-report-contribution-impact-migrant-workers/ *This week the Department for Business, Innovation and Skills published a report showcasing the the [contribution and impact of migrant workers](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/406760/bis-15-153-impacts-of-migrant-workers-on-uk-business.pdf) on 80 UK based companies. According to the research conducted, migrant workers benefit their UK counter-parts immensely by boosting productivity in the office and are responsible for the expansion of companies. * ## Business Secretary: Foreign Workers Stimulate Growth for British Businesses According to the report, employers who were interviewed as part of the research, explained that they valued the diversity and the skills that migrant workers brought to the work force and environment. Some of the key findings from the report were: - Skills upheld by migrant workers in the UK workforce allowed businesses to expand, by fulfilling existing contracts and taking on more work. For example, the manager of Aerospace, Bristol, a company in which 5-10% of the workforce consists of migrant workers stated, "The people that we need are not available in the UK.There is not the capability within the UK any longer to meet our aspirations.” - Migrant workers allow UK businesses access to a wider talent pool. - Migrant workers have 'significant innovation effects' on UK businesses. For example, skilled worker's ideas created new business opportunities. In particular those who are part of creative industries and where highly technical or scientific products were being developed. As a result more jobs were created and when these migrants returned to their country of origin they created a network which allowed companies to expand abroad. - UK colleagues benefit from working with migrant workers, by learning and picking up new skills such as IT techniques. Business Secretary Vince Cable commented on the report and his understanding that migrant workers are highly beneficial to UK work-forces and companies: > "Many British businesses rely on the skills of people from Europe and beyond to fill roles that are not being met by British workers. This research demonstrates that foreign workers not only stimulate growth for British business by introducing new ideas and innovations, but bring their unique overseas networks and cultural knowledge to drive expansion for their company abroad. This report will provide an important contribution to the debate around how foreign workers have a positive impact on UK businesses." ## Skilled Migrant Workers wanting to Work in UK The Tier 2 (General) category of the Points Based System (PBS) is for non-European migrants who have been offered a highly skilled job  by a UK employer to fill a gap in the workforce that cannot be filled by a settled worker. Under this category, you must have a job offer in the UK and a Certificate of Sponsorship (CoS) from an organisation that is a licensed sponsor in the UK. According the Home Office statistics, in the year ending June 2014 there were 50,619 skilled worker Tier 2 sponsored visa applications granted. Our city of London Solicitors can help you through the process of applying for a [Tier 2 General visa](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) or a [Tier 2 Sponsorship Licence](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) if you are looking to employ a non-EU migrant worker. Our team of lawyers can assist you with the preparation of your visa application and carry out a detailed consultation to assess your matter in accordance to the relevant [Immigration Rules](https://www.gov.uk/government/collections/immigration-rules). We will highlight all key points in the documentary evidence required and suggested by us with the visa application to ensure a strong application is submitted and avoid unnecessary expense of re submitting your application to the Home Office. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: MAC’s Review of Shortage Occupation Lists for UK Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-macs-review-shortage-occupation-lists-uk/ *Today, the Migration Advisory Committee (MAC) published a report on a [partial review of the Shortage Occupations List](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/406775/Partial_review_of_the_SOL_for_UK_and_Scotland_Report.pdf) (SOL) for the UK and Scotland. This report follows MAC's last review of  all occupations and job titles on the shortage occupation list in 2012/2013. As a result of this report the UK Government became aware that  a small number of occupations and job titles may need to be included or removed from the SOL. * ## Brief of Migration Advisory Committee Report Last year in September, MAC were contacted by the Minister of immigration to conduct a 'partial review'  of the Tier 2 shortage occupation list. The Government's commission stated the reason for requesting the review: > “Following the MAC’s comprehensive review of the SOL, published in February 2013, the Government has been made aware of a small number of occupations where there may be a case for inclusion on or removal from the SOL." The occupations they are alluding to include: - Graduate occupations within the health sector including consultant roles, nurses and training grades - Graduate occupations in the digital technology sector - Linesworkers in the energy industry ## UK Employers to Recruit Graduates with Digital Skills Since Inclusion in SOL According to the report, since the addition of graduate occupations in the digital technology sector to the SOL, employers in the UK have had an easier time recruiting international graduates with digital skills. As part of MAC accumulating evidence, TechUK, a tech sector trade association carried out a survey amongst it's members they had a shortage in three specific areas: senior developers, big data specialists and cyber security specialists. The deputy CEO of TechUK, Anthony Walker stated the importance of the report recognising the shortage of occupations in the UK tech industries: > "Fast-growing tech scale-ups are competing for the best tech talent with companies around the world. We now look to the government to adopt the recommendations and add these important tech roles to the Shortage Occupation List, helping tech and digital startups and scale-ups grow more quickly, in turn creating more jobs and growth for the UK. These key roles are job multipliers – they enable companies to grow and create more jobs for people right across the UK." ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Changes to Tier 1 Visa Route April 2015 Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-changes-tier-1-visa-route-april-2015/ *This week, the [Statement of Changes in the Immigration Rules](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/407476/HC_1025_Immigration_Rules.pdf) were published by the Home Office. A number of changes to visa routes for individuals such as visitors, asylum seekers and individuals who want to come to the UK for work/business under the Points-based System will have a new set of immigration requirements to follow. Below we will focus on the changes to the Tier 1 visa route under the Points-based System, which will be implemented on 6 April 2015.* ## Tier 1 (Exceptional Talent) Visa Route This is the Home Office’s visa route for exceptionally talented migrants in the fields of science, humanities, engineering and the arts, who wish to work in the UK. These individuals are those who are already internationally recognised at the highest level as world leaders in their particular field or who have already demonstrated exceptional promise in the fields of science, humanities and engineering and are likely to become world leaders in their particular area. - Under the UK Immigration Rules individuals are able to decide the duration of their stay in the UK (maximum is 5 years or 5 years & 4 months for entry clearance applications). Furthermore, individuals who choose to  stay in the UK for a shorter period of time will not need to pay the 'maximum leave period surcharge payment'. ## Tier 1 (Entrepreneur) The Tier 1 UK Entrepreneur Visa category is for business persons who would like to establish a business in the UK or join and invest into an existing business. The following number of changes are being made to the Tier 1 Entrepreneur visa route: - Individuals who are relying on business funding from a UK or Devolved Government Department are told that its has to be clear that financial support by an intermediary public body may be accepted, if the body 'confirms that the funds were made available by a UK or Devolved Government Department for the specific purpose of establishing or expanding a UK business.' - Individuals under this route are now required to take a 'genuineness' test, if they are applying for an extension or Indefinite Leave to Remain. - There will be restrictions for individuals who want to switch from Tier 1 (General) to Tier 1 (Entrepreneur). These restrictions will not apply to individuals who have established a UK business before 6 April 2015 or 'have funding from a government department or endorsed seed funding competition'. - Rules in relation to how investment funds are to be spent and the appropriate engagements in businesses, in particular with 'with property development or property management' are being clarified. - Individuals who hold and are relying on their own funds, are required to 'provide evidence of the third party source of those funds, if they have held the funds for less than 90 days before making an initial application.' - First time applicants must provide a business plan with their application. ## Tier 1 (Graduate Entrepreneur) The Tier 1 Graduate Entrepreneur route allows graduates to extend their stay in the UK, after graduation, to enable them to set up a business in the UK. The government have placed a limit on the number of Graduate Entrepreneur Visa applications which is currently capped at 1,000 per year and equally divided amongst participating institutions. You can only apply for this visa if you are currently in the UK. - Individuals cannot engage in businesses principally concerned with property development or property management. ## Tier 1 (Investor) The Tier 1 Investor Visa category of the Points Based System is for open to those migrants who wish to make a substantial financial investment in the UK. This route is attractive due to the fact that individuals do not need to show evidence of maintenance nor demonstrate that they meet the English language requirements. This route demonstrates the UK government’s desire to attract high net worth individuals to make substantial investments in the UK. - Individuals are required to 'open a UK-regulated investment account', before making their application. - The age requirement is being increased from 16 years old to 18 years old. - Applicants will no longer need to invest additional capital if they sell part of their investments at a loss, but they will be required to maintain all their capital within their investment portfolios. ## Successful Tier 1 Visa Applications Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the [process of making a Tier 1 application](https://immigrationandvisasolicitors.co.uk/) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: Increase in number of Entrepreneurs Coming to UK Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-increase-number-entrepreneurs-coming-uk/ *This week, it has been reported that there will be an increase in the number of entrepreneurs coming to the UK in the future. Entrepreneurs are individuals who would like to establish a business in the UK or join and invest into an existing business. According to the Telegraph, the increase of start-up companies by migrants could see the 2020s as one of the best decades for the UK economy. * ## UK Government wants Entrepreneurs Migrants in the UK are more likely to start their own businesses, due to the fact that they find it difficult to find employment in their home country. As Centre for Entrepreneurs and business information experts DueDil reported last year, migrant entrepreneurs have set up one in seven UK companies, with people born abroad almost twice as likely to start a business in the UK. Last year the UK saw a record number of 581,000 businesses registered with Companies House. This is an increase from the previous years, where in 2013 there were 526,000 start-up companies and 484,000 in 2012. The UK Government has taken notice of this and want to attract more overseas entrepreneurs to the UK. From start-up companies to well established businesses, in particular from the the [UAE and Arabian Gulf](https://web.archive.org/web/20170429183722/http://www.thenational.ae:80/business/economy/uk-aims-to-win-over-smes-based-in-arabian-gulf). Edward Hobart, the UK Consul General in Dubai stated the reason why the UK wants to bring over more entrepreneurs and their businesses: > "We are looking for indigenous companies that have grown up here and have the prospects to grow out of the Gulf into new markets in Europe and the UK is the gateway. Eventually these entrepreneurs create jobs and economic opportunities, and that’s the whole point and this is welcome." ## Immigration Advice for Tier 1 Entrepreneurs According to the [Home Office's official statistics](https://www.gov.uk/government/publications/immigration-statistics-april-to-june-2014/immigration-statistics-april-to-june-2014#family-1), in the year ending June 2014 there was an increase of 836 Tier 1 Entrepreneur visas granted. Our expert Immigration Solicitors can guide you through the process of applying for a Tier 1 Entrepreneur visa. The Solicitors will carry out a detailed assessment of your case to ensure that you meet the Home Office's requirements. If you are found not to be eligible we will go through other visa options that you may have. It is important to note that there will be new rules implemented on 6 April 2015 regarding the Tier 1 Entrepreneur route. For instance: - Rules in relation to how investment funds are to be spent and the appropriate engagements in businesses, in particular with ‘with property development or property management’ are being clarified. - Individuals who hold and are relying on their own funds, are required to ‘provide evidence of the third party source of those funds, if they have held the funds for less than 90 days before making an initial application.’ - First time applicants must provide a business plan with their application. After a detailed consultation, you will be provided with a bespoke documents list tailored to your circumstances. As well as following the Home Office's requirements, our Solicitors will suggest documents that they believe will strengthen your case which has proven to be successful with the UK Home Office. ## Successful Tier 1 Entrepreneur Visa Applications Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the [process of making a Tier 1 Entrepreneur application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration Report: Migration in UK Construction Industry Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-report-migration-uk-construction-industry/ *This week, the [Chartered Institute of Building (CIOB) published a report](http://www.ciob.org/sites/default/files/CIOB%20research%20-%20Analysis%20on%20Migration%20in%20the%20Construction%20Sector_1.pdf) warning the UK Government that the current stringent immigration rules will damage the construction industry in the UK. The report notes that although the Government is aiming to cut migration to "tens of thousands"  from inside and outside of Europe,  the building sector needs more migrant workers in order to function. * ## UK Construction Has Always Relied on Migration The industry has always been reliant on migrant workers, strengthening the link between construction and international migration. For this reason the report acknowledges the industry's failure to train British nationals to work on construction sites. The chief executive of the CIOB, Chris Blythe stated: > "Globally, construction has always relied on migration to fill in gaps in the labour market – simply cutting off the supply of migrant workers risks seriously damaging the UK’s economic prospects both at home and abroad. But of more importance is the need to address the fact that the industry simply does not train its own people in sufficient numbers. There can be no excuses for construction not to provide more training opportunities for young UK nationals." Due to the lack of training the [skill shortages](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list#table-1---united-kingdom-shortage-occupation-list) in construction has been worsening. The Construction Industry Training Board (CITB) noted that the sector will need to find almost 224,000 new recruits between 2015 and 2019. ## Main Points of CIOB Report The main points of the CIOB reports are the following: - Migration is essential to  the construction industry, in hindsight the current Immigration Rules will only damage the industry in the UK. - Limiting freedom of movement from Europe will 'greatly weaken the UK’s prospects of expanding its positive balance in construction-related trade'. - As the industry emerges from the recession construction firms will become more reliant on migrant workers. - In order to reduce migration it is inevitable for the construction industry to ' invest heavily in training, mentoring and developing young UK citizens'. This will also be the solution to the reduction of youth unemployment. - The industry must find a way to retain their older employees, in order to reduce skill shortages. - In order to reduce the stresses on the community created by migration, investment in construction must rise. - The latest ONS data for 2013 shows a positive trade balance for construction services of £1.5 billion. The architectural, engineering and other technical services sector, which includes a large element of construction-related work, had a positive trade balance of £7.8 billion. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: British National’s Spouse Forced Apart By Immigration Rules Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-british-nationals-spouse-forced-apart-immigration-rules/ *Today, it was reported that [a retired married couple of 45 years have been forced apart](http://www.ludlowadvertiser.co.uk/news/regional/11835412.Immigration_red_tape_leaves_retired_couple_thousands_of_miles_apart/?ref=twtrec) after failing to meet the 'relationship requirements' of the UK Immigration Rules. David Summers, a British national and his wife Maria Summers, a Canadian national were split apart last Spring after their spousal visa was refused. There are many requirements that must be met when making an entry clearance Spouse visa application including demonstrating evidence of the relationship, financials requirements and the English language requirement.* ## Married Couple's UK Spouse Visa Application Refused Mrs Summers is a frequent visitor to the UK as her husband and son are both British passport holders. Previously she had never had a problem entering the UK until last year. Mrs Summers obtained a Tourist visa and arrived in the UK in September 2013, her return ticket was dated for July 2014 but was told that she could only stay for a maximum of 6 months. At the beginning of 2014, Mr and Mrs Summers took a short break in Malta and when they returned to the UK Mrs Summers was stopped by an Immigration Official and questioned for 5 hours. After being interrogated, Mrs Summers was told that she had to return to Canada immediately. Without any confrontation, Mrs Summers traveled back to Canada and decided to apply for visa as the spouse of a British national on the basis of her 45 year marriage to Mr Summers. This visa application was refused on the grounds that the couple did not prove they are in a 'genuine subsisting relationship'. Understandably, the couple are completely baffled by the UK Home Offices decision as they have been together since 1966 and originally lived together Canada before making plans to relocate to the UK. Mr Summers has not seen his wife since last Spring: > "How can somebody sitting in an office make that decision? They have put our lives in turmoil then they have the nerve to say that – after 45 years of being together." Mr Summers is looking for help from his local Hereford MP, Jesse Norman who agrees that the couple have been mistreated. Mr Norman along with the Hereford Times believe that Mr and Mrs Summers have fallen victim to the immigration red tape. The current UK Government cannot control the increasing migration from Europe and so they have focused their attention on non-EU migration. Mrs Summers plans to make another UK visa application this month in hope of joining her husband in the UK for his 70th birthday. ## The purpose of an UK Spouse Visa A Spouse visa allows foreign nationals who are married (or in a civil partnership) to a British citizen, or a person who has settlement status in the UK to enter or remain in the UK. If you are based outside of the UK you will need to apply for Entry Clearance in order to join your spouse/civil partner in the UK. The visa will initially be granted for two years and 6 months after which time you can apply for further leave to remain. In order to prove that you meet the Home Office's requirements our expert Immigration Solicitors will provide you with a bespoke documents list tailored to your circumstances. This is in order to make the process of making a UK visa application easier and avoid any delays and errors. Furthermore, they will talk you through the requirements and once instructed will prepare the application, along with the bundle of documents and provide detailed legal representations to submit with the visa application. ## Successful UK Spouse Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a an application for entry clearance so you can join your British partner in the UK or a leave to remain in the UK application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Update: English Language Tests Change From 6 April 2015 Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-update-english-language-tests-change-6-april-2015/ *Today, [UK Visas and Immigration announced](https://www.gov.uk/government/world-location-news/changes-to-secure-english-language-test-providers-for-uk-visas) (UKVI) changes to the Secure English Language Tests (SELT) for individuals obtaining a visa to come to the UK. If you are coming to the UK as a student, a spouse or to work, you are required to have a minimum level of A1 or B1 of the Common European Framework of Reference (CEFR) in speaking and listening for a UKVI approved centre. * ## Home Office Approves IELTS & Trinity College English Tests From 6 April 2015, City & Guilds IESOL, ESOL and ISESOL qualifications and Pearson Test of English Academic will not be amongst the approved English language tests by the Home Office. Instead the new test providers are: - Trinity College London, for individuals applying for a visa in the UK. - IELTS SELT Consortia, for a individuals making visa application in or outside the UK. It should be noted that individuals that take one of the current approved English language tests before 5 April 2015, will be valid until November 2015. Any of these English tests taken after this date will be deemed invalid. One of the reasons for the change in English language tests is due to [BBC Panorama](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/uk-immigration-bbc-panorama-exposes-fraud-uk-student-visa-system/) broadcasting a programme highlighting the  fraudulent measures that visa applicants take when sitting [Educational Testing Services](http://www.ndtv.com/article/india/ets-to-no-longer-provide-english-tests-for-uk-visa-518127) TOEIC English language tests. For this reason the Home Office decided not to renew the ETS licence after the expiry of their licence was made public in April 2014. Trinity College of London's Chief Executive, [Sarah Kemp, commented on the Home Office's changes](http://thepienews.com/news/ielts-trinity-to-be-only-approved-exams-for-uk-visas/): > "The Home Office have done an extensive piece of work, and not just the bid process – there was a very extensive due diligence aspect to it as well. The Home Office has gone through a huge level of detail not only concerning what the tests themselves contain but how the tests are delivered, the kind of security arrangements that are in place." ## Meeting the Home Office's English Language Requirement If you are applying for a UK visa that requires you to prove your level of English, our expert Immigration Solicitors will be able to guide you. You can prove your knowledge of English by either: - Passing an approved English language test at the required level (varies depending on the visa) in reading, writing, speaking and listening; or - Having an academic qualification that has been taught in English and is recognised as being equivalent to a UK bachelor’s degree. Furthermore, you may be exempt or are able to show to meet the English language requirement in other ways. Find out more by booking a consultation with our Solicitors who are based in central London. A detailed consultation will ensure that you leave with a greater understanding of what is required of you to make a successful visa application. ## Are you affected by the Home Office’s ‘English Language Requirement’? If you would like to discuss how the English language requirement may affect you, call one of our immigration solicitors in London who will be able to assist you by meeting with you and reviewing your case. There are many providers but many have had their visas refused for taking tests with rogue providers. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/)/instruct us so we can review your case and ensure you have the correct documentary evidence in place in this regard. --- # UK Immigration Case: Successful Long Residency Visa Application Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-successful-long-residency-visa-application/ *Recently, o**ur expert team of Immigration Solicitors were instructed by a client ("the Applicant") in relation to her visa application for Indefinite Leave to Remain ("ILR"). The application was made on the basis of the Applicant's ten years lawful and continuous residence in the UK. Our client had not been in breach of the UK Immigration Rules during her 10 year residency in the UK and she had always complied with the visa restrictions whilst in the UK.* ![Thank you Gifts to ImmigrationTeam LEXLAW Solicitors Barristers, Middle Temple Lane, London EC4Y 9AA - High Net Worth UK Visa Immigration Lawyers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2015/03/Thank-you-Gifts-to-ImmigrationTeam-LEXLAW-Solicitors-Barristers-Middle-Temple-Lane-London-EC4Y-9AA-High-Net-Worth-UK-Visa-Immigration-Lawyers-219x300.png) ## Summary of ILR Immigration Case The Applicant entered the UK on a Tier 4 Student visa in the last quarter of 2004; since this time, she has been residing lawfully in the UK. The Applicant obtained leave to remain in various visa categories during the last 10 years and decided that she wanted to regularise her immigration status in the UK by applying for ILR. During the Applicant's 10 years in the UK, she pursued higher education, attending college and subsequently obtained a foundation diploma in University. The Applicant then went on to complete a 3-year undergraduate degree. Upon the completion of her degree, she decided to work in the UK and obtained a Tier 1 Post-study Work (PSW) visa. When her Tier 1 PSW visa expired she became a dependant on her husband's visa for nearly 4 years.  In 2014, the Applicant pursued and completed her Masters. Our team of Immigration Solicitors duly prepared the Settlement application which was accompanied with concise but detailed legal representations and the requisite supporting documentation demonstrating the above. Last week, our team were delighted with the news that the Applicant had been granted ILR  based on her 10-year long residency in the UK. ## Qualifying for Settlement/Indefinite Leave to Remain in UK If you have lived legally in the UK for a certain length of time, you may be able to apply for permission to settle in the UK. Settlement is also known as ‘Indefinite Leave to Remain’.  Our client mentioned above, met the 10 year long residence requirements set out in [paragraph 276A and 276B of the Immigration Rules](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364734/Long_Residence_v12.0_EXT.pdf). She was able to clearly demonstrate that she has been residing lawfully in the UK for the last 10 years and has substantial connections to the UK including a husband who has ILR. In order to be eligible for Settlement/Indefinite Leave to Remain you must: - Spend a number of years in the UK, depending on your immigration status, before you can apply for permanent residency. - Show that you will continue to meet the requirements of your current visa to be eligible for ILR. - Have stayed in the UK for most of the time that you have held your Visa. - Plan to remain present and settled in the UK. - Pass the ‘Life in the UK’ test and have a speaking and listening qualification in English. If you wish to apply for settlement (Indefinite Leave to Remain) our city of London Solicitors can help you with your visa application and queries. Our expert team of lawyers can assist you with the preparation of your visa application and ensure that all key points are substantiated with documentary evidence thereby leading to a successful application. ## Contact us for a Successful Settlement / Indefinite Leave to Remain Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # UK Immigration: Business Visitor Visa Permitted Activities Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-business-visitor-visa-permitted-activities/ *Next month, the UK Governments further changes to the Immigration Rules will come into place. This will include providing visitors with a [full list of 'permitted activities'](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/407476/HC_1025_Immigration_Rules.pdf) and UK businesses in particular should consult the list when inviting business visitors to the UK. * ## Business Visitor Visa's General Activities The business visitor category is for people who want to come and do business in the UK for a short time. Business visitors coming to the UK may include academic visitors, visiting professors, teachers accompanying students, film crews and representatives of overseas news media. These visitors may: - Attend meetings, conferences, seminars, interviews; - Present one-off or short series of talks and speeches, as long as these are not organised as commercial events and will not make a profit for the organiser; - Negotiate and sign contracts; - May attend trade fairs but are not allowed to sell; - Carry out inspections and visits work sites; - Carry out and obtain information for their employers overseas; and - Study for up to 30 days, as long as it not the main reason you are in the UK. ## Corporate Business Activities Intra-corporate companies who transfer their employers to other countries where their offices are based are allowed to: - Advise and consult; - Provide their peers with training; - Share their knowledge and skills with their peers; However,  when it comes to a specific internal project with UK employees of the same company, overseas employees are not allowed to carry out work that directly involves clients. Prospective Entrepreneurs can come to the UK to secure funding from one of the following  sources, which they intend to join, set up or take over in the UK. - One or more registered venture capitalist firms regulated by the financial conduct authority; or - One or more UK entrepreneurial seed funding competitions which is listed on the [Government website](https://www.gov.uk/government/publications/entrepreneurs-setting-up-in-the-uk/entrepreneurs-setting-up-in-the-uk); or - One or more UK Government Departments There are a number of the activities permitted for 'Business Visitors' , who may be manufacturing and supplying goods to the UK or are clients of UK export companies. Our expert Immigration Solicitors will be able to provide you with assistance and legal advice if you are looking to coming to the UK for business purposes. Whether your immigration business matter relates to the above or you are employed in a specific sector, we will ensure that you understand the conditions of your UK Business Visitor visa. ## Successful UK Business Visitor Visas Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Super Priority Visa Service Available in New York Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-super-priority-visa-service-available-new-york/ *This month, the British Consulate-General in New York adopted the Super Priority Visa Service (SPVS). The visa service is already available in India and China for applicants and their dependents making visa applications under the Points-based system and individuals who want to visit the UK.* ## SPVS Aims for Applicants to Receive Decision Within 24 Hours The aim of SPVS is to allow applicants to receive a decision on their visa application within 24 hours of submission. The visa service was implemented at the British Consulate-General in New York on 6 March 2015. Applicants including non-US nationals and their dependents who are considered eligible for the SPVS are those who are applying for the following: - Visitor visas (tourist and short stay); or - Tier 2 visas (applicants who have permission to live in the United States); or - Tier 5 visas (applicants who have permission to live in the United States or applicants who are on a Temporary worker visa - Creative and Sporting in the US and want to come to the UK to pursue similar activities); or - Tier 4 Student visas (applicants who are residents in the US). However, applicants who have a complicated immigration history are advised not to purchase the visa service. As they may prove not possible to be decided in 24 hours. Other visa applications which may take longer to decide and are recommended not suitable for the SPVS are: - UK visa applications which have previously been refused or refused leave to enter the UK; - Applicants who have been deported, removed or required to leave the UK; - Applicants who have not complied with their UK visa conditions and overstayed their leave; - Applicants who have previously been refused a visa for Australia, Canada, New Zealand, United States of America or the Schengen countries; - Applicants who have been convicted of a criminal offence, regardless of where and when it happened; - Applicants who fail to submit all the relevant documents required for their application. ## Making the Visa Application Process Easier for Clients The SPVS fee is $936 (approx. £600) and is available to applicants who are in New York or are able to get to New York. Prior to individuals in America booking an appointment on the VFS website we recommend having a detailed Skype consultation with our expert Immigration Solicitors. The detailed consultation will provide you with a greater understanding of whether or not you should pursue the Super Priority Visa Service. If you decide that you want to move forward with the visa service, we will provide you with a bespoke documents list tailored to your circumstances. This is in order to avoid any delay when submitting all the required documents when attending your appointment at the British Consulate-General in New York. Furthermore, we will complete the online application and financial requirement form for you, so all you will have to do is sign, date and print them. Finally, our city of London Lawyers will provide concise but detailed legal representations to submit with the visa application. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: University’s Tier 4 Sponsorship Licence Suspended Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-universitys-tier-4-sponsorship-licence-suspended/ *This week, it was announced that the [Buckinghamshire New University's Tier 4 Sponsorship Licence](https://web.archive.org/web/20150819070916/https://www.timeshighereducation.co.uk/news/bucks-new-universitys-visa-licence-suspended/2019051.article) has been suspended. The reason for the Sponsorship Licence suspension is due to the number of international Student's Tier 4 Student visa applications being refused. From November 2014, the UK Government announced that UK Universities would lose their Tier 4 Sponsorship Licence if [10% of the non-EU students](http://www.timeshighereducation.co.uk/news/student-visa-rules-tightened-by-government/2014823.article) they offered a place to are refused a Tier 4 Student visa. * ## University Exceeded the Accepted Visa Refusal Rate Buckinghamshire New University made an application to renew their Tier 4 Sponsorship Licence in October 2014. This application was refused when the University exceeded the accepted visa refusal rate by just three students. The University has 20 days to appeal the Home Office's decision. The University's Vice Chancellor commented on the suspension of the University's Tier 4 Sponsorship Licence: > "We are continually working, as are all other UK universities, to improve our systems and processes in order to meet a challenging set of sponsorship rules and our senior management team will be cooperating fully with UKVI." The UK Home Office has [published a guidance for international students and workers](https://www.gov.uk/government/publications/buckinghamshire-new-university-sponsor-licence-suspension/buckinghamshire-new-university-sponsor-licence-suspension#what-this-means-for-students-and-workers) currently at the University or due to join the University. The Home Office notes that international students who have received a Certificate of Sponsorship (CAS) from the University and are in the process of applying for a visa, will have their visa applications put 'on hold', until the matter is resolved. International Students who have had their Tier 4 Student Visas granted, but are not yet in the UK have been told not to travel to the UK. ## Immigration Rules on Obtaining Sponsorship Licences are Complicated Education providers wishing to enrol overseas students from outside the EU are required to ‘sponsor’ them under Tier 4 of the Points Based System. Education providers will need to obtain a Tier 4 Sponsorship Licence from the Home Office. The rules on obtaining Sponsorship Licences can be complicated and our expert Immigration Solicitors are on hand to assist you with obtaining a licence. The concept of sponsorship in relation to Tier 4 is that it provides evidence that the student will study for an approved qualification and places duties on education providers that it must abide by. UK Universities who want to recruit students from outside the EU must meet the standards set out in the Home Office's Highly Trusted Sponsors (HTS) guidance. Once a University has obtained a Tier 4 Sponsorship Licence they will appear on the register as an A-rated sponsor and Highly Trusted Sponsors. For further information and understanding of the terms and conditions of applying for a Tier 4 Sponsorship Licence or Tier 4 Student visa, our City of London Lawyers will provide you with the details. ## Legal Advice for Tier 4 Education Providers & Tier 4 Students It is imperative that Tier 4 Sponsors comply with their sponsor duties as failure to do so will lead to the Home Office revoking your sponsorship licence, suspend your licence pending further investigation or reduce the number of CAS you are allowed to assign. If the Home Office has issued you with any of the above penalties, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with expert legal advice on how to proceed. --- # UK Immigration Update: Increased Earnings For Tier 2 Workers Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-update-increased-earnings-for-tier-2-workers/ *As we have reported, the [Statement of Changes in the Immigration Rules](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/407476/HC_1025_Immigration_Rules.pdf) are coming into force on 6 April 2015. We will now look at the changes that will affect UK employers who want to recruit individuals from outside the EU. The most notable change is the increase in salary rates for employees coming to the UK under the Tier 2 visa category under the Points-Based System (PBS). * ## New Minimum Salary Rates for Tier 2 Workers The Home Office plans to increase the salary rate for Tier 2 employees. Please see below the new minimum salary thresholds in comparison to the current threshold for jobs under Tier 2 visa category: - Tier 2 General jobs: The current threshold for jobs that qualify under the Tier 2 General category is £20,500. From 6 April 2015 this will be raised by £300 to £20,800. - Jobs under the same visa category but are exempt from being advertised - current threshold is £71,600 will be raised by £900 to £72,500. - Jobs under the same sub visa category but are exempt from the Resident Market Test and the 'cooling off period', current salary threshold is £153,500 will be raised by £1,800 to 155,300. - Tier 2 Intra-Company Transfer jobs: These jobs are considered for short-term staff, skills transfer or graduate trainee categories (6 months to 1 year) current salary threshold is £24,500 is raised by £300 to £24,800. - Under the same category, jobs for long term staff (maximum 5 years) current salary threshold is £41,000 is being raised by £500 to £41,500. - Tier 2 General & Tier 2 Sportsperson: Earnings for individuals applying for Indefinite Leave to Remain (ILR) at the they are making their visa application current salary threshold is £35,800. This will be raised by £400 to £36,200 (individuals working at a P.H.D level or on the shortage Occupation list are exempt). ## Home Office Stats: Increase in Tier 2 Visas Granted in 2014 According to the [Home Office's official immigration statistics](http://www.ons.gov.uk/ons/rel/migration1/migration-statistics-quarterly-report/february-2015/stb-msqr-feb-2015.html), 271,000 individuals migrated to the UK for work in the year ending September 2014. This is a statistically significant increase of 54,000 compared with a year earlier. Furthermore, during the same period, work-related visas granted to main applicants rose by 8,833 to 115,680, largely reflecting a 6,142 increase for Tier 2 skilled workers. The Tier 2 category of the PBS is for non-European migrants who have been offered a highly skilled job  by a UK employer to fill a gap in the workforce that cannot be filled by a settled worker. If you wish to apply for a Tier 2 General Visa our City of London Lawyers can help you with your Tier 2 visa application and queries. Our expert Immigration Team of Lawyers can assist you with the preparation of your visa application and assess your eligibility in accordance with the Home Office requirements. We will ensure that all key points are substantiated with documentary evidence, as we will provide you with a bespoke supporting documents list tailored to your circumstances. Therefore leading to a successful application and avoiding unnecessary expense of re submitting your application to the Home Office. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. * * --- # UK Immigration News: Commonwealth Students Should be Favoured Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-news-commonwealth-students-should-be-favoured/ *This month, Conservative Lord Howell of Guildford argued that adjustments to the UK visa process should be made for [students from Commonwealth countries](http://www.heraldsun.com.au/news/breaking-news/uk-visa-plea-for-commonwealth-students/story-fni0xqll-1227257776617). This is to encourage overseas students to come to the UK to pursue their education. Lord Howell went onto suggest that Commonwealth students should be given "a special immigration lane at UK airports to foster closer ties".* ## Lord Howell: Make It Less Difficult For Genuine Commonwealth Students The Tier 4 Student and Child categories under the Points Based System are for those international students who wish to come to the UK to study and experience life and culture in the UK. This does not apply to EEA nationals but it does to non-EEA nationals regardless of whether they are from a Commonwealth country or not. Lord Howell is not happy with the current UK Immigration Rules and accused the UK Government of not understanding the importance of the 53-nation Commonwealth, for both trade and the development of relationships the UK has with other countries. [Lord Howell stated his disappointment](https://web.archive.org/web/20150311031909/http://www.news.com.au/world/breaking-news/uk-visa-plea-for-commonwealth-students/story-e6frfkui-1227257776617) and what a difference a change in the Immigration Rules would have for the UK: > "I can't for the life of me see why we shouldn't at least try to have a Commonwealth business and tourist visa concession and make things less difficult for genuine Commonwealth students. And perhaps we could even have a proper gateway at our airports for realms of her majesty's 140 million subjects when they visit us. I think our attractiveness would be vastly enhanced if we were able to make those sorts of improvements." This is not the first time the treatment of  nationals from commonwealth countries have come into question. As we [reported back in January](https://immigrationandvisasolicitors.co.uk/uk-immigration-fall-australian-migration-result-visa-restrictions/), a heated debate took place in Parliament which questioned whether countries should still have the Queen as a Head of State, if they do not hold the same immigration privileges given to EU nationals. A number of MPs in Parliament were arguing that the current UK immigration policies were ‘discriminating against Commonwealth citizens, notably Australians, New Zealanders and Canadians’. It is yet to be seen as whether any changes or talks of changes will be encouraged for the visa process for Commonwealth countries. ## Eligibility for Tier 4 Student visas In order to be eligible for a Tier 4 student visa you must: - Have been offered a place on a course - Can speak, read, write and understand English - Have enough money to support yourself and and pay for your course - this will vary depending on your circumstances - Are from a country that’s not in the European Economic Area (EEA) or Switzerland To understand these Home Office's requirements in more detail we would recommend having a consultation with our expert Immigration Solicitors based in the City of London. ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration Appeal: Complexity surrounding the Immigration Rules Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-appeal-complexity-surrounding-the-immigration-rules/ *This month, Hossain & Ors v Secretary of State for the Home Department [[2015] EWCA Civ 207](http://www.bailii.org/ew/cases/EWCA/Civ/2015/207.html) took place in the Court of Appeal. The immigration case concerns an appeal against the Upper Tribunal regarding a decision about the Tier 1 (Post-Study Work) Migrant visa category of the Points Based System (PBS). The Court of Appeal were highly critical of the complex Immigration Rules in this case. * ## Facts of the Immigration Case Mr Talukder Hossain ("the Appellant"), a Bangladeshi national, had been in the UK lawfully as a student since June 2006. Before the abolishment of the Tier 1 (Post-Study Work) visa the Appellant applied for the visa on 3 April 2012. He then went onto complete a course at the Birmingham Graduate School for an MBA degree to be validated and awarded by the University of Wales. On 28 March 2012 Mr Hossain sent a letter provided by  Birmingham Graduate School with his application. The letter stated that he had completed the course and and "all his academic requirements" and "is expected to receive his certificate from the University of Wales shortly". Mr Hossain's visa application was refused on 20 December 2012 due to the fact that Mr Hossain had not obtained his MBA qualification prior to making his application as required by the Immigration Rules. Mr Hossain appealed the Home Office's decision which was allowed by the First-tier Tribunal (FtT)on the basis of the decision of the Upper Tribunal in *Khatel*'s case. On 8 August 2013 the decision was overruled and the Upper Tribunal allowed an appeal by the Secretary of State. The case finally ended in the Court of Appeal. Where Lord Justice Beatson acknowledged the complexity of the Points Based System: > "The detail, the number of documents that have to be consulted, the number of changes in rules and policy guidance, and the difficulty advisers face in ascertaining which previous version of the rule or guidance applies and obtaining it are real obstacles to achieving predictable consistency and restoring public trust in the system, particularly in an area of law that lay people and people whose first language is not English need to understand." Despite recognising the complexity and misunderstanding that many applicants have when making a Points Based application the appeal was dismissed. The Court of Appeal have on previous occasions been highly critical of the structure and complexity surrounding the Immigration Rules. In *Pokhriyal v Secretary of State for the Home Department *[[2013] EWCA Civ 1568](http://www.bailii.org/ew/cases/EWCA/Civ/2013/1568.html), Jackson LJ stated that the: > “provisions have now achieved a degree of complexity which even the Byzantine emperors would have envied” ## Premature Visa Applications Submitted Due to Confusing Immigration Requirements The removal of the Tier 1 (Post-Study Work) category led to many premature applications by students before they had been formally awarded their degree. There are currently 40 other immigration cases awaiting decisions on their appeals. If you have made an application which has been refused as a result of the complex immigration rules then our expert Immigration Solicitors will be able to advise you. Once instructed our team of lawyers will prepare, file and provide you with a representative at your appeal hearing. ## Legal Advice on UK Visa Application Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Case Study: Successful Retained Rights of Residency for Non-EEA National Source: https://immigrationandvisasolicitors.co.uk/uk-case-study-successful-retained-rights-of-residency-for-non-eea-national/ *Recently, o**ur expert team of Immigration Solicitors were instructed by a client (“the Applicant”) in relation to his visa application for an EEA permanent Residence Card. on the basis of his retained rights of residency. The Applicant who was a non-EEA national was married to an EEA national. Unfortunately their marriage ended and following the divorce the Applicant sought our advice. * Our expert Immigration Solicitors at Lexvisa duly prepared the Applicant’s application with the requisite supporting documents and made detailed representations to submit with the visa application. The visa application was made in accordance with the Immigration (European Economic Area) Regulations 2006 (“Regulations”) and the Free Movement of Person’s Directive 2004/38/EC (“Directive”). We were happy to receive a letter from the Home Office this week confirming that the Applicant was granted an EEA Residence Card. ## Retaining the Right of Residency in the UK Following Divorce There are a number of ways in which a non-EEA national family member of an EEA national may retain their right of residence in the UK. These are set out in regulation 10 of the [Immigration (European Economic Area) Regulations 2006.](http://www.legislation.gov.uk/uksi/2006/1003/pdfs/uksi_20061003_en.pdf) In relation to our successful immigration case, the Applicant made an application for retained rights on the basis of his previous marriage to an EEA national. If a non-EEA national’s marriage to an EEA national comes to an end, they will be able to retain their right of residency if: - The marriage has lasted for at three years before the proceedings for divorce; and - Both parties have lived in the UK for at least one year during the duration of the marriage; or - They have child(ren) and the non-EEA has custody or right of access to the children. The Applicant mentioned above, prior to the initiation of the proceedings for the termination of the marriage, the marriage had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration. Therefore, the Applicant was eligible to apply for an EEA Residence Card and was successful in his visa application. ## Contact us for a successful EEA Residence applications: Our team of experienced and professionally qualified solicitors and barristers (regulated by the Solicitor’s Regulation Authority) will be able to guide you through the application process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529. --- # Home Office Refuses Japanese Academic Expert Indefinite Leave to Remain Source: https://immigrationandvisasolicitors.co.uk/home-office-refuses-japanese-academic-expert-indefinite-leave-to-remain/ *Today, it has been reported that ['a high-flying academic expert on China'](http://www.timeshighereducation.co.uk/news/visa-refusal-for-china-expert-miwa-hirono-is-pure-madness/2019182.article), has been forced to leave the UK after the Home Office refused her application for Indefinite Leave to Remain. The reason for the refusal was due to the number of absences incurred by the applicant in the last 5 years of her being in the UK on a Tier 2 General Visa. Under the UK Immigration Rules applicants on a Tier 2 General Visa who have lived and worked in the UK for 5 years can spend no more than 180 days outside the UK in any 12 months. * ## Home Office Decision Driving out Chinese-speaking Experts on China’s foreign policy Dr Miwa Hirono, a Japanese national came to the UK in 2008 and worked at the University of Nottingham on a five-year Research Councils UK fellowship. Once completing this fellowship Dr Hirono would automatically become a permanent lecturer. For the duration of Dr Hirono's time in the UK she had a baby and bought a house in Nottingham. She made an application for Indefinite Leave to Remain in March 2013 which was subsequently refused by the Home Office on the basis that her absences from the UK exceeded the 180 day rule. According to Dr Hirono these absences were mostly due to her research into China’s foreign peacekeeping and humanitarian operations. Dr Hirono appealed the Home Office's decision in light of her right to a family life which was granted by the Immigration Tribunal.  The Home Office appealed the tribunal's ruling  which was admitted last week. The head of Nottingham’s School of Politics and International Relations, Matthew Humphrey stated his disgust and confusion at the Home Office's decision to appeal: > "Perhaps the Home Office think that Chinese-speaking experts on China’s foreign policy grow on trees, but I can assure them they do not. We put a great deal of effort into hiring the best talent to ensure Nottingham remains globally competitive, but under these immigration policies we are doing so with one hand tied behind our back." Despite Dr Hirono having the support of Mr Humphrey she has decided to go back to Japan. The 1 year battle with the Home Office took its toll and Dr Hirono has now accepted a  position at Kyoto University in Japan. Furthermore, it is fair to say that her work colleagues are baffled by the decision of the Home Office and believe that the UK Government "driving out  an expert on what is probably the most important foreign policy challenge of the next decade". ## Are You Eligible for Indefinite Leave to Remain If you have lived legally in the UK for a certain length of time, you may be able to apply for permission to settle in the UK. Settlement is also known as ‘Indefinite Leave to Remain’.  If you are currently in the UK, your right to apply for settlement will depend on your current immigration category. If you want to know whether you are eligible for Indefinite Leave to Remain we can arrange for you to have a detailed consultation with our expert Immigration Solicitors based in London. ## Successful UK Indefinite Leave to Remain (ILR) Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an ILR application (regardless of what category you are applying from) step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Rules Failing Skilled Workers Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-rules-failing-skilled-workers/ *Today, an article published in 'Engineering and Technology Magazine', has highlighted the significant differences between the UK Immigration Rules in comparison to the immigration requirements in Canada and Australia with regards to the treatment of skilled migrant workers.  For instance, since the beginning of this year, overseas engineers are eligible for 'express entry' into Canada as part of a new system where skilled workers create an online profile in order to become a citizen of Canada. The Canadian Government will then regularly select talented skills workers who already have a job to fill the gaps in the labour market a chance to become a permanent resident. * ## UK Business Concerned with Shortage of Skilled Engineers Despite Canada creating an immigration system that values its skilled workers the UK has yet to show any progress. Although the UK has a Shortage Occupation List which is meant to help skilled workers fill gaps in the UK labour market the reality is all the list does, according to Madeleine Sumption from the Migration Observatory is "reduce the administrative requirements when an employer is applying for [a visa for] someone”. The Shortage Occupation List recognises 32 occupations. The Home Office official statistics show that in 2014 a total number of 1,171 non-EU engineers entered the UK. This figure is shocking as the Institution of Engineering and Technology (IET) are required an estimated 87,000 new engineers per year.  Sir James Dyson, inventor, founder of the Dyson company stated that he is having trouble recruiting workers with the necessary skills due to the UK Immigration Rules: > "Dyson is searching for scientists and engineers. But there simply are not enough. Quite simply, there aren’t enough out there. I do worry about Britain’s ability to make, make, make. Make engineering breakthroughs. Make scientific progress. And, yes, make money for UK plc." According to IET’s Skills and Demand survey, over 50% of companies are concerned with the shortage of engineers in the UK and the effect it will have on their businesses. ## Do You Fall Under The Shortage Occupation List? The Tier 2 category of the PBS is for non-European migrants who have been offered a highly skilled job  by a UK employer to fill a gap in the workforce that cannot be filled by a settled worker. If you wish to apply for a Tier 2 General Visa our City of London Lawyers can help you with your Tier 2 visa application and queries. Our expert Immigration Team of Lawyers can assist you with the preparation of your visa application and assess your eligibility in accordance with the Home Office requirements. We will ensure that all key points are substantiated with documentary evidence, as we will provide you with a bespoke supporting documents list tailored to your circumstances. Therefore leading to a successful application and avoiding unnecessary expense of re submitting your application to the Home Office. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: Health Surcharge for Migrant’s NHS Care Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-health-surcharge-for-migrants-nhs-care/ *From 6 April 2015, non-EEA nationals planning to travel to the UK for more than 6 months will be required to pay an ['Immigration Health Surcharge'](https://www.gov.uk/healthcare-immigration-application/pay). This new immigration requirement is not part of migrant's visa application fees, it is payment that will go directly to the UK National Health Service (NHS). However, the payment must be made at the same time the Applicant submits their application. This will give migrants who are in the UK for 6 months or more, access to the NHS in the same way that settled UK residents have access to the health service. * ## Non-EEA Migrants to Financially Contribute to UK NHS Under the current UK Immigration Rules non-EEA nationals who come to the UK to work, study or join family settled in the UK receive free medical treatment under the NHS. However, from next month these same individuals who are coming to live in the UK will be required to financially contribute to the cost of their healthcare. Migrants who are coming to the UK to study will be charged £150 per year and all other migrants will be charged £200 per year. The health surcharge will be made payable when applicants submit their on-line visa applications. As mentioned above, it is not part of their visa application fee, it is a separate fee that will go directly to the UK NHS. Furthermore, the health surcharge will not only apply to individuals making entry clearance on-line visa applications but to individuals currently in the UK applying to extend their UK visas. The [UK Ambassador to South Korea](https://www.gov.uk/government/news/uk-introduces-health-surcharge) showed his support for migrants financially contributing to the cost of their NHS care: > "The UK is hugely proud of its National Health Service, which provides world class care to all residents. It is only fair that those coming to live or study in the UK make a financial contribution to the public services they are entitled to access, which is why we are introducing this change." It has been estimated that in England alone non-EEA visitors and migrants living in the UK cost the [NHS up to £2 billion a year](https://www.gov.uk/government/news/migrant-health-surcharge-to-raise-200-million-a-year). Now with the new immigration requirement migrants are fairly contributing their share. Additionally, the health surcharge are relatively lower than other countries. ## Applicants Exempt from Immigration Health Surcharge As explained above, the health surcharge will be paid by non-EEA nationals who apply to come to the UK to work, study or join family for more than 6 months. It will also be paid by non-EEA nationals who are already in the UK and apply to extend their stay. Applicant or individuals who are exempt from the Immigration Health Surcharge are the following: - Visitors who have been granted of entry clearance (permission to stay in the UK) is for 6 months or less. - Tier 2 Intra-company transfer visa holders. - Children under 18 years taken into care or in the care of a local authority. - Applicants claiming asylum, humanitarian protection, or a claim that their removal from the UK would be contrary to article 3 of the European Convention on Human Rights (ECHR). - Individuals who are victims of human trafficking. - Applicants who make an application under the Home Office concession known as the ‘destitute domestic violence concession’. - Dependents of a member of Her Majesty’s Forces. - Dependents of a member of another country’s Forces who is exempt from Immigration Control. - Migrants making an immigration application in relation to an EU obligation. For instance, individuals making an application under the Turkish European Communities Association Agreement, are exempt. - Australian & New Zealand nationals. - A British Overseas Territory citizen who is the resident of the Falkland Islands. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Domestic Violence Victim Eventually Granted Right to Remain Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-domestic-violence-victim-eventually-granted-right-to-remain/ *This week, it was reported that a [Canadian national who was subject to domestic violence](http://www.bbc.co.uk/news/uk-32023485?ocid=socialflow_twitter) at the hands of her EEA national partner has been granted Indefinite Leave to Remain. Sandra Sidey obtained an EU Resident's card as the unmarried partner of Goetz Schrader, a German national whom she started dating in 2005 and moved to the UK with in 2007. Once the couple split Ms Sidey was told that she no longer had the right to live in the UK. * ## UK Home Office Failing Unmarried Partners Ms Sidey and her German national partner decided to move to the UK in 2007. The couple were seemingly happy until Ms Sidey was physically attacked by her unmarried partner on 22 December 2010. Ms Sidey left the relationship shortly after the attack and Mr Schrader denied that he had assaulted her for over two years to the courts. He later confessed that he did in fact attack Ms Sidey and was convicted "of assault occasioning actual bodily harm" and ended up leaving the UK. As Ms Sidey was in the UK on the basis of her relationship with an EEA national she was told that she no longer had the right to be in the UK. In 2012, an Immigration Judge in the First-tier Tribunal ruled in Ms Sidey's favour. However, the UK Home Office contested the decision and believed that Ms Sidey had no right right to remain in the UK. At this point Ms Sidey was half way through her law degree and left in shock by the decision of the Home Office. Ms Sidey chose to challenge the Home Office's decision and after nearly three years she got news that has been granted Indefinite Leave to Remain. Despite the successful result Ms Sidey feel that the Home Office is failing to protect unmarried partner's of EEA nationals: > "The current legislation leaves the unmarried partners of EU nationals who are victims of domestic violence in a particularly undesirable position. They either feel trapped in an abusive relationship or they feel punished for leaving. Although the Home Office is seemingly taking steps to protect and assist victims of domestic violence, this is one area where they are failing." ## Looking to Challenge the Home Office If you are in a similar situation to the above mentioned case our Immigration Solicitors will be able to advise you on taking the steps to retain your rights to remain in the UK. A detailed consultation will take place at our London office where you will be talked through your UK visa options. If you have already submitted a visa application and it has been refused our Solicitors will look into challenging the Home Office's decision. ## Legal Advice & Successful UK Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Directors Disqualified for Employing Illegal Migrants Source: https://immigrationandvisasolicitors.co.uk/uk-directors-disqualified-for-employing-illegal-migrants/ *Today, it has been reported that another [8 directors of restaurants and a supermarket have been disqualified](https://www.gov.uk/government/news/more-restaurant-bosses-banned-over-immigration-offences?) from their position. This is due to them employing illegal migrants to work at their establishments. These recent disqualifications totals a number of 16 directors in the UK being banned from working for not following the UK Immigration Rules in the last 9 months. * ## UK Directors Disqualified for 47 Years The eight directors who have now been disqualified employed a total of 22 illegal migrants to work in their restaurants as waiters and cooks. The director of the supermarket was found to be employing butchers who had no right to be in the UK. The restaurants and supermarket are based in Scarborough, Calne, Worcester, Norwich and London. All 8 directors combined will be disqualified for 47 years. Business Minister Jo Swindon stated the unfairness of employing illegal migrants: > "These directors had an unfair advantage over their competitors by employing illegal workers for low wages. Illegal working is not victimless. It is often exploitative, undercuts honest employers, cheats legitimate job seekers out of employment opportunities and defrauds the taxpayer. The public has a right to expect that those who break the law will face the consequences and we have worked closely in this case with our colleagues at the Home Office to achieve this disqualification." UK businesses and their directors have a duty to ensure that the individuals they are employing have the right to be in the UK before hiring them. ## UK Employer's Legal Responsibilities Individuals can be disqualified from being a company director if they do not meet their legal responsibilities. Part of a UK employer's responsibility is to ensure that non-EEA migrants who they employ have valid leave to remain in the UK. Individuals who are considered to be illegal workers are: - students with expired visas, or students working more hours than they’re allowed to; or - people who work on a visitor’s visa. If you are a director of a company and you want clarification of your legal responsibility we can arrange for you to have a detailed consultation with our expert Immigration Solicitors. UK employers should also be aware they face a fine of up to £20,000 per person for employing illegal workers. ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business and have been affected by the Home Office’s raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Immigration Case: Han, R (on the visa application of) v SSHD Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-han-r-on-the-visa-application-of-v-sshd/ *The result of submitting a visa application one day late is demonstrated in the unfortunate case of [Han, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 4606](http://www.bailii.org/ew/cases/EWHC/Admin/2014/4606.html). Overseas Student Service Centre Limited (the “OSSC”) were provided with all the required documents to make a successful visa application for an extension of leave for a Tier 4 General Migrant. However, the lawyers submitted the visa application one day late and as a result their client's ("Claimant") visa application was refused on the basis that the Claimant did not have an "established presence" in the UK. Furthermore, the Claimant required more funds than she actually held in her bank account. * ## Facts of the Immigration Case The facts of the immigration case are as follows, the Claimant was granted leave to enter the UK as a Tier 4 Student this visa was valid until 13 September 2012. During this period the Claimant successfully completed a BA in Business Management at the University of Northampton. The Claimant graduated in June 2012 and was accepted to do her MSc in Events Management at Bournemouth University at the beginning of September 2012. The Claimant approached OSSC to prepare and submit her visa application for an extension of leave as a Tier 4 General Migrant to enable her to pursue her Masters. She entered a contract with OSSC on 7 September 2012 and by 12 September 2012 had provided the lawyers with the documentation and a signed visa application form. OSSC signed the visa application form on 13 September 2012 and submitted it the following day. The Claimant's visa application for an extension was refused by the Secretary of State less than 4 months later on the basis that the Claimant did not have an "established presence studying in the UK" [under paragraph 14 of Appendix C](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-c-maintenance-funds) of the Immigration Rules. This is due to the fact that the Claimant's visa application was submitted a day after her leave expired on 13 September 2012. Furthermore, due to this error the Claimant had to show that she had the necessary funds to cover the fees for the first academic year and £820 per month for 9 months for herself, some £7,200. If she did have an established presence then she would have only had to demonstrate that she had £800 for two months for herself. To make matters even worse for the Claimant she was not given the right to appeal since her visa application was considered to be made when she did not have leave. However, she was given the option to make an extension visa application outside the UK. ## Mr Justice Cranston: Claimant Has Been Badly Let Down The Claimant challenged the decision of the Secretary of State by Judicial Review and blamed the refusal on the OSSC's error. Mr Mold, who was acting on behalf of the Claimant stated the grounds in which the Claimant could have achieved a successful visa application. - The Claimant should have been notified to submit her bank statement in the right format. The Claimant's 9 September 2012 statement showed that over the summer of 2012, there had been several payments into her account so that on 3 September the balance was £7,539.62. However, there was a payment out on 4 September of £4,400, leaving a balance of £3,139.62. Mr Mold argued due to the date of the statement it should be considered in the wrong format. Had the Claimant submitted or requested to submit further documentation such as her 3 September 2012 statement she would have satisfied the Immigration Rules. - Mr Mold further stated that if the OSSC had submitted the visa application in time the Claimant would only have to show that she had £1600 in her account. Mr Justice Cranston ruled that although he understood where the Claimant was coming from it is important to comply with the UK Immigration Rules: > "As I said at the outset, this is a most unfortunate case, the claimant has been badly let down. It may seem to the outsider that it is very much an application of technical rules. For reasons given by the Court of Appeal, the technical rules are absolutely vital to the proper administration of immigration control. I dismiss the application." --- # UK Immigration Update: British Citizen Applicants to Submit Biometric Information Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-update-british-citizen-applicants-to-submit-biometric-information/ *From 6 April 2015, applicants registering or naturalising as [British Citizens will have to submit](http://www.expatforum.com/britain/uk-government-announces-new-biometric-rules.html) their biometric information as part of their application. This change also applies to non-EU nationals who are applying for a Residence Card, Derivative Residence Card or Permanent Residence Card. The reason for this new immigration requirement is to enable the UK Home Office to identify which individuals have the right to be in the UK.* ## Difference Between a Residence Card & Biometric Residence Card Applicants who are applying to become a British Citizen from outside the UK will have to submit their biometric information at their nearest UK Visa Centre. However, if applicants are traveling to the UK or are in the UK they can submit their biometric information at a UK Post Office. Applicants who are successfully granted British Citizenship will receive a Residence Card (RC) which takes a similar form to a Biometric Residence Card. It is the size of a credit card with the applicant's name, date of birth, nationality, status in the UK and their photograph. Although, a Residence Card and a Biometric Residence Card may look similar they represent very different things as explained by a UK Home Office Official: > "The RC is different to a BRP, which are issued to certain non-EEA nationals who are subject to immigration control. RCs are issued to non-EEA nationals who have a right of residence in the UK under European Union law." According to the Home Office's Immigration Statistics there is an increasing number of applications being made by those who wish to make the UK their permanent home and wish to obtain a British passport. In the [last 5 years covering the period of January 2010 to June 2014](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/396448/FOI_33561.pdf): - 687,885 Adults have made visa applications to obtain British citizenship; and - 211160 Children have made visa applications to obtain British citizenship. ## Eligibility of Become a British Citizen The UK has become a desirable destination for students, entrepreneurs, investors and family members of those settled in the UK. There are a number of different ways for an individual to become a British Citizen. The most common route is through 'Naturalisation'. This can be achieved if: - You’re 18 or over - You’re of good character, eg you don’t have a serious or recent criminal record - You’ll continue to live in the UK - You’ve met the knowledge of English and life in the UK requirements - You meet the residency requirement Furthermore, there are a number of requirements that you must meet in order to have a successful application for British Citizenship. Such as residing in the UK for at least 5 years before the date of your application, have not spent more than 450 days outside the UK for the duration of those 5 years and spent no more than 90 days outside the UK in the last 12 months. To understand more on your eligibility of applying for Naturalisation / British Citizenship we can arrange for you to have a detailed consultation at our London office. In order to make a successful application we will assess your immigration history to ensure that you are compliant with the UK Immigration rules. ## Want to make an Application for Naturalisation? Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Decrease in Foreign Nationals Acquiring British Citizenship Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-decrease-in-foreign-nationals-acquiring-british-citizenship/ *This month, the Migration Observatory at the University of Oxford revealed that the number of foreign nationals being granted Naturalisation / British Citizenship was at its lowest in 2014. According to the statistics, in 2014  just under 125,800 foreign citizens naturalised as British citizens. This is the lowest number of applications for citizenship in the UK  since 2002. * ## 5% of British Citizenship Applications Refused in 2014 The main route towards Naturalisation / British Citizenship is through residency, marriage and registration of minor children. The number of foreign nationals being granted citizenship between 2000 to 2013 increased in the above mentioned categories. 50% of naturalisations in 2014 were of foreign nationals who have lived in the UK for five years, plus one additional year as a settled resident. Most of the other half is split between spouses and civil partners of British citizens and minor children registering as citizens. However,  in 2014 the decline in citizenship granted also took place across all of three main categories. According to the Migration Observatory 5% of citizenship applications were rejected in 2014. A possible reason for this may be the introduction of  the Life in the UK test and more stringent English language requirements in 2004. Furthermore, the majority of refusal of applications for Naturalisation are due to applicants  failure to meet either the residence or the ‘good character’ requirements. [Dr Scott Blinder who conducted the study stated:](http://www.telegraph.co.uk/news/uknews/immigration/11506084/Sharp-fall-in-number-of-foreigners-winning-British-passports.html) > "In 2014, 125,800 foreign citizens naturalised as British citizens. This was a 40 per cent decline from 2013, when citizenship grants reached almost 208,000, the largest annual number since records began in 1962. According to the Home Office the 2013 peak in citizenship grants followed an increase in applications in advance of changes to language requirements. Lower numbers of citizenship applications are also consistent with recent decreases in grants of settlement … which will have reduced the pool of people newly eligible to apply for citizenship." In 2013 individuals originally from India and Pakistan lead the largest groups of newly naturalised British Citizens. 36,351 Naturalisation applications were granted to Indian nationals and 21,655 application were granted to Pakistani national. ## Our Expert Immigration Services for British Citizenship Applications We can help with your naturalisation application and queries. Our expert team of lawyers can assist you with the preparation of your application and ensure that you are eligible under the relevant [Immigration Rules](https://www.gov.uk/government/collections/immigration-rules). Our city of London Solicitors will have a detailed consultation with you in order to understand your immigration matter, as well as ensuring that you know what is involved in the visa application process. Applicants who decide to instruct the immigration team at LexLaw will be provided with a detailed document list tailored to their circumstances, detailed legal representations and preparing the application on your behalf before submission to the Home Office. In order to qualify for British citizenship you must be: - Minimum age of 18; - Sound mind; - Intention of having your home in the UK; - Sufficient knowledge of English Language; - Sufficient knowledge of life in the UK; - Good character; - Residence requirements; and - References. ## Want to make an Application for Naturalisation? Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration: Visitor Visa Refusal Leaves Couple Unable to See Disabled Son Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-visitor-visa-refusal-leaves-couple-unable-to-see-disabled-son/ *Today, it has been [reported that the refusal of a Visitor Visa](http://www.eveningtelegraph.co.uk/news/local/dundee/fobbed-off-by-the-home-office-in-bid-to-see-son-in-dundee-1.858156) for Pakistani parents of a severely disabled young man  based in Dundee, Scotland has gone unresolved. Mohammed Hussain and Saffia Bibi Hussain made [headlines last year](http://www.eveningtelegraph.co.uk/news/local/dundee/government-looking-into-severely-disabled-dundee-boy-s-case-1.583883) when their UK Visitor Visa was refused despite obtaining numerous UK Visitor Visas to see their son previously. The legal guardian of Mr and Mrs Hussain's son is a relative based in Scotland and he was due to have crisis talks with the UK Home Office last month. Unfortunately due to a misunderstanding the  meeting never happened and Mr and Mrs Hussain have yet to see their son. * ## UK Home Office Refusal Goes Unresolved Tubarik is a 20 year old man is a severely mentally handicapped  individual who is currently based in Scotland with his legal guardian Sandy Sarwar. Due to Tubarik disability he is unable to travel to Pakistan to visit his family. Last spring Mr and Mrs Hussain made a UK Visitor Visa to see Tubarik but was refused by the Home Office. The couple attempted to make another visa application but this was also refused. The visa applications were refused on the basis that the Home Office believed that they would not return to Pakistan. This is surprising considering the fact that the couple have visited Tubarik in Scotland several times and complied with their visa conditions. After receiving the refusal Tubarik's guardian Sandy Sarwar was due to hold crunch talks last month with a Home Office official in Glasgow, accompanied by Dundee East MP Stewart Hosie. When both Mr Sarwar and Mr Hosie made their way to Glasgow they were told that the Home Office official that they were meant to be meeting was making his way to Dundee. Understandably Mr Sarwa was furious and demanded a resolution. > "... nobody at the Home Office seemed to know about the meeting. I couldn’t believe it when they said the guy had gone up to Dundee instead. The two women said we’d just have to re-apply. So that’s another £83 per person — Tubarik’s parents have spent hundreds trying to get here. I feel like they’re fobbing us off — that the Home Office is just a money-making machine. It also shows how organised they are if they can’t even organise a meeting properly." Mr and Mrs Hussain now plan to make a third Visitor Visa application with the intention of providing 'as many details about their possessions in Pakistan as possible', to prove to the UK Home Office that they will return to Pakistan once their visa expires. ## Are You Eligible for a Visitor Visa? You can apply for a UK Visitor Visa if you wish to come to the UK to see friends or family or as a tourist. It is possible for family members settled in the UK to sponsor your visit. Entry clearance is mandatory only for visa nationals as non-visa nationals are granted leave to enter as General Visitors upon arrival at a UK port. In order to be considered eligible for a Visitor Visa you must: - Be at least 18 years old; - Plan to visit the UK for a maximum of 6 months and leave at the end of that period; and - Be able to show that you have enough money to support your stay in the UK and be able to accommodate yourself. If you wish to apply for a Visitor Visa our expert Immigration Solicitor will be able to assist you with your visa application and queries. We will prepare your visa application and provide you with a bespoke document list tailored to your circumstances and in accordance with the UK immigration requirements. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding unnecessary expense of re submitting your application to the Home Office. ## Contact us for successful UK Visitor Visa application If you have been refused a visitor’s visa, your appeal rights are limited; please contact our expert immigration team to explore your options in light of the Home Office’s refusal decision. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our **[**legal case assessment form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment.** --- # UK Home Office: Crackdown on UK Employers Exploiting Migrant Workers Source: https://immigrationandvisasolicitors.co.uk/uk-home-office-crackdown-on-uk-employers-exploiting-migrant-workers/ *Yesterday, the UK Home Office revealed that their [Immigration Officers arrested more than 14,000 illegal migrant workers](http://www.mirror.co.uk/news/uk-news/illegal-immigration-arrests-double-officers-5467135#ICID=sharebar_twitter) in 2014. The Immigration Officers targeted 'curry houses, Chinese restaurants and car washes', up and down the UK. The figure released by the UK Home Office is significantly higher than the number of illegal migrant workers arrested in 2011 (7,500).* ## £1.5 Million in Fines for Employing Illegal Migrants Due to the number of illegal migrants found working in Indian, Pakistani, Sri Lankan and Chinese restaurants there is an estimated £1.5 million in fines outstanding. Last year the UK Government toughened the Immigration Rules by raising civil penalties for businesses employing illegal migrants to £20,000 per person. The majority of illegal migrants arrested last year had either overstayed their UK visas or were smuggled into the country. One of the restaurants targeted by Immigration Officers was based in [Levenshulme and faces a fine of £120,000](http://www.manchestereveningnews.co.uk/news/greater-manchester-news/levenshulme-restaurant-nawaab-could-face-8237400). A total of 6 employees were arrested, 5 from Pakistan and 1 from Afghanistan. A further 3 men from Afghanistan were arrested but the owner of the restaurant stresses that these illegal migrants have no association with his restaurant. The UK Home Office commented on their crackdown on exposing UK employers exploiting migrant workers: > "These figures show our intelligence led approach is working. We are targeting industries and areas where abuse is most common and we've doubled the fines for businesses which flout the rules." ## UK Employer’s Legal Responsibilities UK employers have the responsibility is to ensure that non-EEA migrants who they employ have valid leave to remain in the UK. Individuals who are considered to be illegal workers are: - students with expired visas, or students working more hours than they’re allowed to; or - people who work on a visitor’s visa. If you are a director/ owner of a company and you want clarification of your legal responsibility we can arrange for you to have a detailed consultation with our expert Immigration Solicitors. UK employers should also be aware they face a fine of up to £20,000 per person for employing illegal workers. ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business and have been affected by the Home Office’s raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Immigration Update: New Exit Checks to Track Illegal Migrants Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-update-new-exit-checks-to-track-illegal-migrants/ *Today, [new exit checks](https://www.gov.uk/government/publications/exit-checks-on-passengers-leaving-the-uk/exit-checks-fact-sheet) have come into force at UK borders with the Government working closely with seaports and carriers to track migrants with no right to stay in the UK. The new exit checks are also being put in place to assist the police and security services to follow the movements of criminals and terrorists. * ## Exit Checks Aim to Create Fair Immigration System Carriers in the UK have been gathering data on exit checks since 2013 to create the best system that will not disrupt their customers today.  The checks include taking details from every passenger in order for the UK Home Office to confirm the exit of each individual in attempts to tighten the country’s borders. Individuals traveling by air will not notice a difference but customers travelling by sea or rail will have to give their personal details to travel companies. James Brokenshire, the Minister of Security and Immigration [released a statement](https://www.gov.uk/government/news/operators-ready-for-introduction-of-exit-checks) on the new exit checks being implemented today and the reasoning for them: > "It is right that we have an immigration system that is fair, that tackles illegal immigration and that clamps down on those who try to cheat the system by staying here when they have no right to do so. Exit checks will provide us with vital information that confirms a person’s exit from the UK. The coalition Government committed to reintroducing them in 2010 and the Immigration Act 2014 put in place legislation which gave carrier and port staff the powers to carry out these checks. Port and travel operators are experts in their business and know their customers best, which is why we’ve supported them to design and trial the systems for collecting data in a way that will minimise the impact on customers. It is vital for the country’s economy that our ports operate smoothly and that families can get away on holiday on time, and important for our security that we continue to strengthen our borders. After two years spent working closely with the ports we will stay focused on successfully introducing these checks together. The UK already has one of the most comprehensive systems in the world for recording who travels across our borders: delivering on our commitment to reintroduce exit checks will make us more secure and better informed than ever." ## Have You Adopted UK Culture and Built Strong Ties to UK? Are you unsure about your immigration status or are looking for legal advice to regularise your stay in the UK. It is understandable that a person living in the UK with no immigration status may have been here for many years such as if they were brought to the UK as a child. During this time, they may have adopted the culture and built strong relationships with settled persons. They may even have a family in the UK and as a result of many years living away from their home country may have severed ties. In these situations, these persons should seek legal advice on making their stay in the UK permanent legally. Our expert Immigration Solicitors based in the heart on London can provide you with options and suggestions as to how to go about the visa application process and avoid the humiliation of the new exit checks. --- # British-Indian Artist Criticises UK Immigration Rules Source: https://immigrationandvisasolicitors.co.uk/british-indian-artist-criticises-uk-immigration-rules/ *This week, [renowned artist Anish Kapoor](http://www.bbc.co.uk/news/entertainment-arts-32228946) of British-Indian descent criticised the current UK Immigration Rules. Just like the rest of the nation, Kapoor has been following the political debates regarding immigration in the run up to the general elections on 5 May 2015. Kapoor's biggest concern is letting go or throwing young talented international students out of the UK after they have studied and trained at UK Universities. * ## Artist, Anish Kapoor: UK Trains International Students & Make Them Leave Anish Kapoor was born in India on 12 March 1954 and moved to London when he was in his early 20's. Kapoor moved to the UK to study art, first at the Hornsey College of Art and later at the Chelsea School of Art and Design. Since his arrival in the UK he has been named a Commander of the Order of the British Empire (CBE) in 2003, and awarded a Knighthood in 2013. A migrant himself coming to the UK as an international student to pursue a career as an artist he sympathises with other migrant students: > "The current situation means that we train students, who come here to go to art school or whatever, and 99.9 percent are made to leave after they're finished. We reduce ourselves to a small pool of talent. Why would we do that? It's beyond my understanding. That's got to be economical madness too." Under the current UK Immigration Rules, international Students who are on a Tier 4 Student Visa are unable to switch to Tier 1 Exceptional Talent visa. The Tier 1 Exceptional Talent visa enables individuals to work in the UK in the arts. Therefore, if international students who want to pursue a career in the arts would be required to leave the UK and make an entry clearance application from abroad. ## Tier 1 Exceptional Talent Visa Route The Tier 1 Exceptional Talent visa will allow a highly skilled migrant to live and work in the UK for an initial period of 5 years and 4 months if you apply outside the UK. If you are switching from a Tier 1, 2 or 5 visa and applying within the UK you can stay in the UK for up to 5 years. There are limited places available under this UK visa category, with 500 places released on both 6 April and 1 October each year. You can apply for a Tier 1 Exceptional Talent visa if an individual has: - Been endorsed as an internationally recognised leader or emerging leader in your field in science, humanities, engineering, medicine, digital technology or the art; and - Are from outside the EEA and Switzerland. ## Contact us for successful Tier 1 Exceptional Talent Visa applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. --- # UK Home Secretary Theresa May Getting Tough on Immigration Source: https://immigrationandvisasolicitors.co.uk/uk-home-secretary-theresa-may-getting-tough-on-immigration/ *This week, [Home Secretary Theresa May spoke about intentionally toughening the UK Immigration](https://web.archive.org/web/20160201040757/http://www.marketrasenmail.co.uk/news/local/exclusive-interview-home-secretary-theresa-may-vows-we-ll-get-tough-on-immigrants-1-6680407) Rules in order to avoid illegal migrants from working in the UK. The Home Secretary explained that tougher Immigration Rules had been put into place particularly for international students as the Tier 4 Student visa route was being used as "back door" into work. * ## Theresa May: Changes Across the Board to Control Immigration Theresa May mentioned that one of the changes that are making it tougher for migrants outside the EU to come to the UK is the change in the English language requirement. Not only has the level English language skills been raised but the number of approved providers has been cut down to just two. > "We have changed every route leading from outside the EU into the UK. We have rooted out - and continue to root out - abuses in students. 860 colleges can’t take foreign students because effectively it was a back door into work. We have raised the level of English language that is required for visa arrangements to enter the UK. We have made changes across the board to control immigration." The [number of Student visas](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/406251/immigration-q4-2014snr.pdf) (excluding student visitors) granted rose slightly to 220,116 in 2014, with university sponsored applications stable and 10% fewer applications from the further education sector. It is yet to be seen how the new Immigration Rules implemented this week will impact on the number of international students come to the UK to pursue their education. Theresa May also went on to speak on behalf of those who are concerned that migrants are coming to the UK and taking jobs over UK nationals. May revealed that she had conducted independent work which showed that migrants do have restraints on jobs for people already living in the UK. However, she failed to go into detail as to how or when she conducted this research. Furthermore, explaining that these concerns will lead to tougher Immigration Rules for non-EU migrants coming to the UK with the intention to work. ## Are You Affected by the Current UK Immigration Rules? Are you affected or unsure of the new Immigration requirements implemented this week. Our expert Immigration Solicitors will be able to talk you through the Immigration Rules regarding the UK visa that you want to obtain. As mentioned above there have bee changes across the board to control immigration. Whether you want to come to the UK with the intention to study, work or join a family member our City of London Solicitors will be able to assist you with the visa application process and help you understand the consequences of failing to comply with the Immigration Rules. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Teleperformance Immigration Visa Service Delaying Applications  Source: https://immigrationandvisasolicitors.co.uk/teleperformance-immigration-visa-service-delaying-applications/ *Over the weekend, it was [reported that a South African national may miss his chance to say goodbye](http://www.independent.co.uk/news/uk/home-news/dying-veterans-final-farewell-to-grandson-denied-by-visa-delay-10169074.html) to his 92 year, Second World War veteran grandfather, after delays to his UK visa application. In March 2014 the UK Home Office struck up a five year, £300 million contract with 'Teleperformance' to conduct the visa processing services in 74 countries. Since the implementation of the deal there has been a number of complaints against Teleperformance in relation to their poor customer service.* ## South African National Unable to Say Goodbye to World War Veteran Anthony Eldridge is a 'decorated Second World War veteran' currently battling cancer and being treated at his home in Watford. Mr Eldridge's is surrounded by family as they have been told that his condition is worsening and do not expect that he has very long to live. The only person missing from Mr Eldridge's bedside is his grandson Brendan Currie. Brendan is a South African national who currently resides in Norway and submitted his online application on 5 April 2015. Due to the seriousness of his grandfather's condition Brendan decided to pay extra for Teleperformance’s “priority” service which under certain circumstances guarantees visa applications to be processed within 5 working days. However, according to the Home Office website the next available appointment for Brendan to submit his biometric's information is this week. Understandably, Brendan fears that this delay may result in him missing a chance to say good bye to his grandfather. Brendan has tried to contact Teleperformance directly with no success: > "There are certain times when people need an avenue to say, ‘Listen guys, I need help here. I need to go say goodbye to my grandfather. It’s not a ruined holiday that we’re dealing with here. It’s my last chance to say goodbye.” Brendan is still awaiting a resolution to his visa application and it is yet to be seen whether he gets a chance to say goodbye to his grandfather. The lack of concern and compassion for individual cases is still astonishing to us. Teleperformance has had a high volume of complaints against the visa services they provide. The UK Home Office are said to be collating data of the complaints but did not go into specifics as what they are going to do with the data. ## Teleperformance has Created “Chaos and Humiliation” Our expert Immigration Solicitors have submitted visa applications where clients are required to register with the Teleperformance website. Before the completion of an online application a notice pops up to instruct you to register and create an account with Teleperformance. It is made clear that the reasoning for this is to avoid any delay in the visa application process. Therefore, it is confusing that the number of complaints against the company is down to the visa processing times and unavailability of staff members to answer queries. The Independent have published a number of complaints against the company and it is yet to be seen as whether this will lead to change. For instance the Belarus Digest website stated that Teleperformance had created “chaos and humiliation”. Furthemore, applicants are said to have had to wait up to two months, compared to between two and ten days under the previous UK visa system. The website went onto further state, “If the UK wants to sustain its good image it needs to change its current humiliating treatment of applicants". The delays are even more baffling when it has been revealed that Teleperformance are not part of the decision as to whether or not a visa should be granted. The company is responsible for obtaining the biometric information from applicants to submit with their visa application. We hope for the sake of our immigration clients and future immigration clients that this matter will be resolved as we understand the sensitivity and stress that some of these immigration cases involve. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Case Study: Successful 2 Year Multi-Visitor Visa Application Source: https://immigrationandvisasolicitors.co.uk/uk-case-study-successful-2-year-multi-visitor-visa-application/ *Recently, our expert team of Immigration Solicitors were instructed by a client (“the Applicant”) in relation to his visa application as a General Visitor to the UK. The Applicant's son ("the Sponsor") is currently in the UK on a Tier 2 General visa and is married to an EEA national who was exercising her Treaty Rights in the UK.* ## Facts of the UK Visitor Visa Immigration Case The Applicant's Sponsor is currently in the UK on a Tier 2 General visa which is due to expire in 2017. For this reason the Sponsor wanted the Applicant to be able to visit him in the UK from time to time whilst the Sponsor is in the UK. The Applicant has never travelled to the UK after failing to obtain a visa in 2014. In 2014 the Applicant made an application visit the Sponsor in the UK which was subsequently refused. The Entry Clearance Officer was not satisfied, on the balance of probabilities, that the Applicant met with all of the requirements of a UK Visitor visa. The Sponsor came to our office in London for a consultation on behalf of the Applicant and admitted that they were unaware of the supporting documents required for her visa application. Our expert Immigration Solicitors assured the Sponsor by giving him a better understanding of the Immigration Rules to enable him to demonstrate that the Applicant does in fact meet the requirements on a UK Visitor visa. A bespoke tailored documents list was sent out to the Applicant and Sponsor to guide them in demonstrating the Applicant met the requirements under the Immigration Rules. Furthermore, it was important that the documentation demonstrated that the Applicant had every intention of returning home at the end of his trip. Something that the Applicant had failed to show in his last visa application. Our expert Immigration Solicitors at Lexvisa duly prepared the Applicant’s visa application with the requisite supporting documents and made detailed representations to submit with the visa application. We were happy to receive news from the Home Office this month confirming that the Applicant had been granted a 2 year Multi-Visitor visa just in time for when the Applicant was booked to travel to the UK. ## Do You Meet the UK Visitor Visa Immigration Requirements? You can apply for a UK Visitor Visa if you wish to come to the UK to see friends or family or as a tourist. It is possible for family members settled in the UK to sponsor your visit. Entry clearance is mandatory only for visa nationals as non-visa nationals are granted leave to enter as General Visitors upon arrival at a UK port. If you do not under the current Immigration Rules and unsure as to how to demonstrate your eligibility for the UK Visitor visa route we would suggest seeking immigration legal advice for our Solicitors at LexLaw. In order to be considered eligible for a Visitor Visa you must: - Be at least 18 years old;- Plan to visit the UK for a maximum of 6 months and leave at the end of that period;- Be able to show that you have enough money to support your stay in the UK and be able to accommodate yourself; and- Be able to pay for your return or onward journey. As mentioned above our expert Immigration Solicitor will be able to assist you with your visa application and queries. We will prepare your visa application and provide you with a bespoke document list tailored to your circumstances and in accordance with the UK immigration rules. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding unnecessary expense of re submitting your application to the Home Office. ## Contact us for successful UK Visitor Visa Application If you have been refused a visitor’s visa, your appeal rights are limited; please contact our expert immigration team to explore your options in light of the Home Office’s refusal decision. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our **[**legal case assessment form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment.** --- # UK Immigration: Conservative Party’s Manifesto Disappoint UK Businesses Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-conservative-partys-manifesto-disappoint-uk-businesses/ *This week, the UK Conservative party published their manifesto in the lead up to the 2015 General Elections. The manifesto has already drawn a lot of criticism, in particular from UK businesses in relation to the party's stance on keeping the cap on skilled economic migration from outside the EU. The Conservative party maintains that the cap of 20,700 will stay during the next Parliament. This means that visas will only be granted to those under the Tier 2 visa category who have the skills that the Government believe the UK needs.* ## Conservative Party Maintain 20,700 Cap on Skilled Workers Understandably businesses and employers in the UK are disappointed at the prospect of the limitation on skilled workers coming to the UK continuing. In the last year we have  reported and written articles on businessmen and companies up and down the UK arguing that they have a number of vacancies that they are unable to fill due to the fact that they do not have individuals that have the skills in the UK. Continually seeing these types of stories in the news and online can't help but make you feel that political parties are out of touch as to what individuals and businesses in the UK really need in order to prosper. The executive of Engineering Employers' Federation, [Terry Scuoler stated his disappointment](https://web.archive.org/web/20150417181351/http://www.foodmanufacture.co.uk:80/Business-News/Manufacturers-disappointed-by-conservative-manifesto) after reading the Conservative's manifesto: > "It is disappointing that the mood music on immigration continues to concern businesses who require access to critical skills from overseas”. [Engineering UK, a not for profit organisation released a report](http://web.archive.org/web/20170201165708/http://www.engineeringuk.com/View/?con_id=490) in January 2015, in which they have highlighted how there is a massive shortage of skills in the area and UK companies will need 182,000 workers a year, with engineering skills in the decade to 2022 to generate £27 billion a year for the UK economy. It seems that the Conservative party has failed to take notice of such reports and insist on maintaining schemes that clearly are not beneficial to the UK the economy. On a more positive note the manifesto does reveal that the Government delivered 2.2 million new apprenticeships over the last five years. Over the next five years, they plan to deliver three million more and ensure they deliver the skills employers need. Although this may be good for UK businesses in the long term the party are failing to consider the needs of UK businesses now. ## Do You Fall Under The Shortage Occupation List? The Tier 2 category of the Points Based System is for non-European migrants who have been offered a highly skilled job by a UK employer to fill a gap in the workforce that cannot be filled by a settled worker. If you wish to apply for a Tier 2 General Visa our City of London Lawyers can help you with your Tier 2 visa application and queries. Our expert Immigration Team of Lawyers can assist you with the preparation of your visa application and assess your eligibility in accordance with the Home Office requirements. We will ensure that all key points are substantiated with documentary evidence, as we will provide you with a bespoke supporting documents list tailored to your circumstances. Therefore leading to a successful application and avoiding unnecessary expense of re submitting your application to the Home Office. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # Brazilian National Granted Spanish Nationality Can Now Play Football in UK Source: https://immigrationandvisasolicitors.co.uk/brazilian-national-granted-spanish-nationality-can-now-play-football-in-uk/ *This week, it has been revealed that [Brazilian football player Wellington Silva has been granted permission to enter the UK](http://www.dailymail.co.uk/sport/football/article-3040038/Wellington-Silva-s-wait-work-permit-meaning-finally-play-Arsenal-FOUR-YEARS-signing-them.html) after obtaining a Spanish passport. Silva got signed to Arsenal in January 2011 but has never played for the football club after failing to be granted with a Tier 2 Sportsperson visa. In order for non-EU athletes to work in the UK they must have a Tier 2 Sportsperson to enable them to live and work in the UK.* ## Football Players with EU Nationality have Advantage Over Non EU Players Wellington Silva was first spotted by Arsenal football club back in 2008 and was signed by them as they continued to watch the young football player grow and succeed in his career. However, after being signed, the Brazilian national was unable to come to the UK as he was deemed ineligible to apply for a Tier 2 Sportsperson visa to enable him to play football in the UK. It is unclear what immigration requirement Silva did not meet. On 14 April 2015 Silva announced on twitter that he was granted Spanish nationality giving him an automatic right to come to the UK to live and work as a professional football player, as he is now an EU national. The free movement of EU nationals is a fundamental principle of the Treaty and pursuant to the Free Movements of Citizens Directive 2004/38/EC, EU nationals are free to live and work in the UK without a visa. Although this may please Arsenal supporters it is inevitable to upset others who are unable to come to the UK as a sportsperson or entertainer who are from outside the EU and deemed ineligible under the current UK Immigration Rules. Last year, [Manchester United defender Marcos Rojo made headlines](http://www.independent.co.uk/sport/football/premier-league/marcos-rojo-why-is-it-taking-so-long-for-manchester-united-to-get-a-work-permit-9699288.html) when he was left in limbo as he awaited a decision for his Tier 2 visa to play for the football club in the UK. However, in connection to Rojo his national team mate Angel Di Maria who also plays for Manchester United was immediately allowed to enter and play football in the UK as he also holds an Italian passport. Once again showing that sportspersons who hold European nationality have a major advantage over non-EU football players. Back in 2013 Football Association chairman Greg Dyke commented on the current UK Immigration rules regarding football players from outside the EU: > "We should also examine how the current work permit system operates — and it is worth pointing out that roughly 30 per cent [including Football League players] of the players who received work permits this summer did not meet the standard criteria — and we should review the loan system to see if it can be made more effective in terms of developing players," ## Are You Eligible for a Tier 2 Sportsperson The Tier 2 Sportsperson visa route of the Points Based System is for elite sports people and coaches who are internationally established at the highest level. Applicants under this route would be expected to make a significant contribution to the development of their chosen sport in the UK. However, you will only be eligible for this visa if you: - Have a certificate of sponsorship reference number from your sponsor - Meet the English requirement - Have £945 in savings. To prove that you can support yourself. There are exemptions to the above which is something that can be explored with our expert Immigration Solicitors. If you wish to apply for a Tier 2 Sportsperson visa we can help you with your application and queries. Our expert team of lawyers can assess your matter in more detail to ensure that you are eligible for this UK visa route under the Immigration Rules and assist you in the preparation of  the application. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding unnecessary expense of re submitting your application to the Home Office. ## Legal Advice & Successful Tier 2 Sportsperson Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Survey Shows That Immigration Is Good For Economy & Enriches Cultural Life Source: https://immigrationandvisasolicitors.co.uk/uk-survey-shows-that-immigration-is-good-for-economy-enriches-cultural-life/ *Recently, a [study carried out by Dr George Panos and Prof Robert E. Wright](http://www.britishelectionstudy.com/bes-impact/financial-literacy-and-attitudes-towards-immigration/#.VTEwsvnF9UA) as part of the 'British Election Study', found that individuals who understand interest rates, inflation and risk diversification are more like to have a positive view on immigration in the UK.  * ## Understanding the Role of Migrants in UK Economy & Culture The study conveyed of panel surveys of up to 30,000 people included numerous questions about immigration in the UK. The 3 questions that capture how British Citizens view the impact of migration on the UK economy and UK culture are the following: Question 1:** “**Do you think immigration is bad or good for Britain’s economy?” Answer:1 = Bad for the economy … 7 = Good for the economy Question 2: “And do you think that immigration undermines or enriches Britain’s cultural life?” Answer:1 = Undermines cultural life … 7 = Enriches cultural life Question 3:** “**How much do you agree or disagree with the following statements? … Immigrants are a burden on the welfare state”  Answer:1= Strongly disagree … 5 = Strongly agree The study found that individuals who are more "financially literate" are more likely to view migrants who come to the UK to study, work and visit in a positive light. Professor Robert Wright who was one of the two authors [stated](http://www.theguardian.com/uk-news/2015/mar/22/immigrants-role-in-recovery-ukip-beckons-uninformed): > "What is really interesting about this immigration stuff is that the more you understand how labour markets work, and how taxes work and are spent, the more positive you are towards immigration. It’s as simple as that.” ## Migrants in UK Blamed for Everything It seems in the last couple of years and recently in the run up to the General Elections, migration has become one of the main concerns of the UK public or at least that's what the media has led us to believe. If you watch the current political debates or go online there is always a headline that shows immigration in a negative light. Everything from the NHS being in crisis to unemployment seems to be the fault of migrants in the UK. The study above has shown differently. It may be that individuals who are in business, who attend University or come from migrant families just have a better understanding of the contribution that migrants have on the UK economy and culture. It is rare to hear any politician talk positively about immigration and even more worrying, individuals who don't have financial knowledge or are influenced by what is currently in the media will likely always view immigration negatively. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Tighter Immigration Rules Will Have Negative Effect on UK Financial & Technology Sector Source: https://immigrationandvisasolicitors.co.uk/tighter-immigration-rules-will-have-negative-effect-on-uk-financial-technology-sector/ *This week, recruitment firm [Morgan McKinley](http://www.morganmckinley.co.uk/about) has warned the future UK Government that tightening the Immigration Rules further will result in the UK Financial Technology (FinTech) Industry unable to fill vacancies. The Financial Technology sector is made up of established banks and financial services firms as well as start-up and growing businesses. According to the recruitment firm this sector not only employs from inside the UK, but across the globe. However, with the General Elections in two weeks and political parties determined to convince the British public that they are going to reduce and control immigration in the UK the FinTech sector may be the one that suffers as a result. * ## High Demand for International Skilled Workers According to Morgan McKinley, the last half of 2014 saw the employment market in London become stronger with financial professional job opportunities up by 19%. However, only 1% of employees were looking to move onto new job opportunities and there was a 4% fall in professionals seeking new job roles. Hakan Enver, Operations Director at Morgan McKinley, stated that the FinTech sector requires global talent not because of the lack of skills in the UK which is widely reported on by the media but because of the vast opportunities that there are in the financial and technology sector: > “Immigration is becoming a theme in the UK election and any regulatory tightening could have a negative effect on the fintech sector and is a cause for concern to companies in London. There is a continual need to source talent from international markets, simply because demand outweighs supply.” According to the[ Office for National Statistics](http://www.ons.gov.uk/ons/rel/migration1/migration-statistics-quarterly-report/february-2015/stb-msqr-feb-2015.html), 624,000 people immigrated to the UK in the year ending September 2014, a statistically significant increase from 530,000 in the previous 12 months. In the year ending September 2014, Tier 2 visas granted rose from 8,833 to 115,680, largely reflecting a 6,142 increase for skilled work. ## Future UK Government Can Make or Break UK Economy The ability to not fill vacancies in the financial and technology sector has always been attributed to the lack of skills from individuals who are born and raised in the UK. Politicians and UK employers have pointed at the school system and their inability to teach young people the necessary skills to help them in the professional world, whilst others have turned on migrants as taking all the professional jobs before potential employees in the UK have the opportunity. However, according to Morgan McKinley the opportunities and jobs are very much there for both UK nationals and skilled migrant workers, it's just a matter of the right job going to the right individual. Another criticism that the UK Government have faced is due to the current stringent Immigration Rules, international students that are educated and trained at UK Universities usually have no choice but to return to their home country due to the conditions of their UK visas. Therefore, once again the UK losing out on talent that could potentially fill vacancies that are much needed by companies and businesses around the UK. With the General elections taking place on 5 May 2015 it is just a matter of time before we see whether the future UK Government changes the UK Immigration Rules for the better of the UK economy or for the worst. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration Judge Reverses Home Office’s Decision to Deport Nigerian Mother & Son Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-judge-reverses-home-offices-decision-to-deport-nigerian-mother-son/ *Today, it has been revealed that Mr Justice Cranston sitting in the Upper Tribunal of the Immigration and Asylum Chamber, has ruled that the [UK Government must arrange for a Nigerian mother and her son to return to the UK](https://web.archive.org/web/20170710185945/http://www.express.co.uk/news/uk/572036/immigration-Britain-family-Nigeria-Home-Office-migration) after being deported. The UK Home Office made the decision to deport the Nigerian woman despite her poor mental health and regardless of the risk that both she and her son would end up destitute on the streets and at risk of prostitution, child labour or trafficking. Mr Cranston's reasoning for reversing the UK Home Office's decision is simply because he believes that the decision was "flawed" and wants the UK Government to arrange for them to come back to the UK by today (23 April 2015).* ## Refugee Council: Need a Balance Between Immigration Control & Best Interest of Children The unnamed Nigerian women (only know as "BF") entered the UK in 1991 with no immigration status and had been in the UK until her deportation at the end of January 2015. BF had her son ( referred to as "RA") in 2009. BF claimed asylum in 2010 out of fear that upon return to Nigeria she along with her son would be persecuted. BF's asylum claim was refused in the same year and the appeals process continued until January of this year when it was ruled that both BF and RA would be deported to Nigeria. Mr Justice Cranston's ruling was made on the fact that he believes that the UK Home Office had not taken into account the best interests and the welfare of the child. Many asylum campaigners and children's charities have agreed with the Upper Tribunal ruling. [Judith Dennis, policy manager for the Refugee Council commented on the possibly rule changing immigration decision:](http://www.independent.co.uk/news/uk/home-news/home-office-ordered-to-bring-back-migrant-mother-and-fiveyearold-son-deported-to-nigeria-10193656.html) > "This case is important because it highlights the need for a clear, transparent policy [concerning] children and their rights when it comes to asylum. We have this rhetoric about deportation and people being able to appeal from outside the country, but what this ruling says is that you need to balance the need for immigration  control against the best interests of the child. I don’t think the Home Office even has a proper mechanism for doing that at the moment and that’s what we need – a clear transparent policy that can be worked to when it comes to children.” However, the UK Home Office have now been given the right to appeal the Upper Tribunals decision at the Court of Appeal. Therefore, it is yet to be revealed whether BF and RA will be back on a plane to the UK on Thursday 23 April 2015. ## Home Secretary's “deport first, appeal later” Policy Failing Migrants The Upper Tribunal's decision has also brought up many questions against the Home Secretary Theresa May's “deport first, appeal later” policy. In 2013 at the Conservative party conference in Manchester, Home Secretary Theresa May stated that the immigration system was [“like a never ending game of snakes and ladders with almost 70,000 appeals heard every year.”](http://www.bbc.co.uk/news/uk-politics-24335368) Theresa May explained that in 2012, human rights were cited in almost 10,000 immigration case appeals. Therefore, she wanted to change the immigration system in which she felt that migrants were taking advantage of. May's solution was that the appeal of thousands facing deportation should only be heard after they have been put on a plane home unless they face “a risk of irreversible harm.” In 2014, the Home Secretary's plan came into fruition under [Section 17 of the Immigration Act 2014](http://www.legislation.gov.uk/ukpga/2014/22/section/17/enacted). It should be noted that Theresa May's “deport first, appeal later” policy was put into place to [deport foreign criminals](https://www.gov.uk/government/news/deport-first-appeal-later-measures-start-to-bite?) who she believed were abusing the appeal process in the UK to delay their removal from the UK. To be fair to the Home Secretary it is a fair reason and the policy is being implemented in the best interest of the UK public. However, the policy is clearly flawed and without consideration of individual circumstances. Although BF had been in the UK illegally she suffered from mental health problems and the stress of going through the UK immigration appeal process resulted in her being admitted into a psychiatric unit with depression and her son put into foster care. It seems that the UK Home Office have completely failed the well being of both mother and child by carelessly placing them on a plane back to Nigeria. After the ruling of the Upper Tribunal there is hope that the UK Home Office will reevaluate the appeal process and consider immigration cases individually as opposed to making decisions on appeals as if they are on a conveyor belt and throwing them out altogether. ## Contact us for successful outcome to your Appeal [Our team](https://www.gov.uk/government/collections/immigration-rules) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # UK Immigration: Universities Expanding For International Students Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-universities-expanding-for-international-students/ *This month, it was revealed that Universities in London are planning to expand with expectations that the number of international students coming to the capital will increase. It is quite a gamble that Universities are willing to put millions of pounds into expanding their campuses despite the fact that UK political debates are focused on tightening the visa routes for non-EU students and workers. * ## London is a Huge Magnet for International Students According to the [Office of national statistics](http://www.ons.gov.uk/ons/rel/migration1/migration-statistics-quarterly-report/february-2015/stb-msqr-feb-2015.html), the number of migrants being granted Tier 4 Students visas increased from 175,000 to 192,000 in the year ending September 2014. Over the same period, visa applications to study at a UK university increased by 2% to 171,065. The [UK is said to be the second most popular destination for international students](https://web.archive.org/web/20210115175323/https://discoversociety.org/2015/02/01/policy-briefing-immigration-and-higher-education-a-uk-perspective/) after the United States of America. The UK continues to be a popular location for students wanting to study outside their country of origin, as the English language is still viewed as the “global language”. University College London (UCL) is one of the Universities expanding by building UCL East which is reportedly costing £350m and will be located in the Olympic Park in Stratford. UCL’s president, Michael Arthur stated his reasoning for expanding the Universities campus: > "International demand is soaring. For us, that’s partly our reputational growth and league table positions . . . and it is partly being in London. London is a huge, huge magnet for international students. They want to be in the capital city and they want to come to a good university and we happen to be both. So we are experiencing 6-7 per cent growth a year." ## Immigration  Restrictions Will Hinder London's Ability to Attract International Students The treatment of international students in the UK has been a hot topic of debate in politics running up to the May 2015 General Elections. There are fears that the current UK Immigration Rules may threaten the prospects of new international students coming to the UK. In addition to the lack of opportunity after international students have graduated and the new NHS health surcharge, international student's tuition fees can be up to four times as much as UK and EU students pay. Earlier this year [a report commissioned by London Mayor Boris Johnson](https://lep.london/sites/default/files/documents/publication/London%202036%20%28reduced%29.pdf) confirmed that London is the leading global hub for attracting international talent. According to the report, London has more international graduates than any other city in Europe reflecting both the strength and depth of its leading institutions. But with the continual debates on how the immigration system, in particular the Tier 4 Student visa being abused by migrants who just want to enter the UK and not pursue education will hinder London’s ability to attract talent from around the world. ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers based in London will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # British National Champion’s Australian Husband Denied Returning Resident Visa Source: https://immigrationandvisasolicitors.co.uk/british-national-champions-australian-husband-denied-returning-resident-visa/ *Today, it has been revealed that former world squash champion and [MBE recipient Cassie Jackman's Australian husband has been denied a Returning Residents visa](http://www.dailymail.co.uk/news/article-3052247/British-sporting-champion-MBE-exiled-Australian-husband-denied-visa-despite-daughters-born-Britain.html). Cassie, a British national and husband Matt Thomas married in the UK in 2004 and have two young daughters together. The couple moved to Matt's native country after the recession in the UK with hope in finding a better way of living in Australia. * ## Cassie Jackman: It's Easier For EU Spouses to Enter UK Matt was granted Indefinite Leave to Remain in the UK in 2006, two years after marrying Cassie and both of their children were born in the UK. They decided to move to Australia in 2010 after struggling to make a decent means of living after the economic recession in the UK. Matt was offered a job in Australia that he felt he could not turn down due to his circumstances at the time. After 4 and half years of living in Australia both Cassie and Matt decided that they wanted to return to the UK partly because they wanted their daughters to be around their grandparents who are both recovering from cancer. However, due to the amount of time that Matt had been out of the UK, (which exceeded a period of two years) he made a Returning Residents visa application which was refused. Understandably, both the couple and Cassie's parents are devastated and disappointed by the Home Office's decision. Cassie and Matt own two properties in the UK and Matt had a job in a construction firm lined up, so there could be no concerns that the couple would be able to maintain themselves with no recourse to public funds. Cassie expressed her disappointment in the country she represented in the Commonwealth games and saw her become a British National champion a record breaking six times: > "Right now I couldn't feel more angry or, to be honest, unpatriotic. I represented my country, I was captain of the England Ladies Squash team, I was awarded an MBE, but it feels as if Britain just doesn't want us back and that really hurts. Britain was Matt's home for eight years before we moved to Australia. He is married to a British woman and his children are British, so how can it be that it is easier for a family from Romania, or any other European country, to stay in the UK than it is for us?" This has been an on-going argument that has affected British nationals and their non-EU spouses, in particular non-EU spouses from commonwealth countries. Back in January 2015 a [heated debate took place in Parliament](http://www.9news.com.au/world/2015/01/30/04/46/westminster-mps-debate-easing-visa-restrictions-for-aussies) which questioned whether countries should still have the Queen as a Head of State, if they do not hold the same immigration privileges given to EU nationals. A number of MPs in Parliament were arguing that the current UK immigration policies were ‘discriminating against Commonwealth citizens, notably Australians, New Zealanders and Canadians’. Although, it should be noted that Matt applied for a Returning Resident visa not a Spouse visa. As of now Cassie and her family will remain in Australia and is undecided as to whether they want to make a fresh visa application. ## Are You Eligible For a Returning Resident Visa? If you previously lived in the UK and are looking to return to the UK you may be eligible to apply for a Returning Resident visa. You will be deemed ineligible for a UK Returning Resident visa if you have been living out of the country for more than two years, unless you are able to show exceptional personal circumstances that have led to you being out of the country for a longer period of time. The current Immigration Rules are proven to be unforgiving, as demonstrated above. To avoid the disappointment that Cassie and her family have experienced it is important that you are getting the right legal advice to guide you through the UK's immigration policy. To find out whether you are eligible for this UK Returning Resident visa we can arrange for you to have a detailed consultation with one of our expert Immigration Solicitors. If it is found that you are not eligible it does not mean that you cannot come to the UK, our Immigration Solicitors will explore all of your UK visa options. ## Successful Returning Resident Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Ed Miliband Plans to Remove UK Immigration Target Source: https://immigrationandvisasolicitors.co.uk/ed-miliband-plans-to-remove-uk-immigration-target/ *Today, [Ed Miliband has won over business leaders](http://www.cityam.com/214680/leading-business-group-backs-ed-milibands-scrap-arbitrary-immigration-targets) in the UK, with regards to his plan of removing the immigration target in place to reduce migration in the UK. PM David Cameron and Home Secretary Theresa May previously announced to [cut net migration to below 100,000](http://rt.com/uk/183360-uk-net-migration-soars/) by the General Elections this year. However, Ed seems to holds a different view stating that the Labour party will not place a specific target on the number of migrants allowed to come to the UK.* ## Immigration Target Damaged UK's Reputation On Thursday 7 May 2015 the UK will have a new Government and Labour may be in the lead with Ed Miliband's recent statement. Many political parties have assured the UK public that they aim to reduce migration and limit migrants rights in the UK. Although, the Labour party has vowed to toughen the entry and exit checks of migrants, Ed has reassured individuals who want to come to the UK to study, work and start businesses, will not fall under a net migration target. As a result many UK employers and business leaders have applauded the Labour leader for his plan. Director general of the Institute of the Directors (IoD) Simon Walker commented: > "Ed Miliband is right to rule out net migration targets. Putting an arbitrary figure on the number of people you think should be arriving in the UK every year is not the stuff of serious policy-making. The target has damaged our reputation overseas and put off the very people we should be welcoming into our country, including entrepreneurs and students." Some would assume that Ed Miliband's plan to remove the immigration target alone is enough to put the Labour party in the lead in the run to the General Elections next week. Businesses and employers in the UK have argued that the cap on skilled migrant workers was preventing them from filling vacancies because of the lack of skills in the UK. Earlier this month, UK businesses and employers were left disappointed when the Conservative party published their manifesto and revealed that the party would maintain the cap of 20,700 for skilled migrant workers. Understandably businesses and employers in the UK are disappointed at the prospect of the limitation on skilled workers coming to the UK continuing. However, this has only made Ed Miliband's and the Labour's party's plans that much more significant. ## Are you a Skilled Migrant Worker? The Tier 2 category of the PBS is for non-European migrants who have been offered a highly skilled job  by a UK employer to fill a gap in the workforce that cannot be filled by a settled worker. If you wish to apply for a Tier 2 General Visa our City of London Lawyers can help you with your Tier 2 visa application and queries. Our expert Immigration Team of Lawyers can assist you with the preparation of your visa application and assess your eligibility in accordance with the Home Office requirements. We will ensure that all key points are substantiated with documentary evidence, as we will provide you with a bespoke supporting documents list tailored to your circumstances. Therefore leading to a successful application and avoiding unnecessary expense of re submitting your application to the Home Office. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: Skilled Migrant Workers Help UK Economy Grow Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-skilled-migrant-workers-help-uk-economy-grow/ *This week, Jim O'Neill told business leaders in the UK that he is baffled by people in the UK who do not like immigration because migrants, in particular Skilled migrants, are needed to contribute to the UK's economy growth. Speaking at the ['SUMMIT: The future of Growth'](https://web.archive.org/web/20170928032131/http://www.summitevents.co/summit-2015/), which took place at Bloomberg’s London headquarter, O'Neill, who is the former Chairman of Goldman Sachs Asset Management stressed the importance of migration in the UK.* ## Jim O'Neill: British People Don't Seem to Like Immigration In 29 April 2015, the 'SUMMIT: The future of Growth' took place and was created by [Seven Hill](http://www.wearesevenhills.com/) to allow potential businesses and entrepreneurs to listen to and meet founders of Britain’s most exciting growth companies and leading figures from public life. The intention is for future business leaders in the UK to understand what goes into making successful businesses. One of the speakers, Jim O'Neill, has been a long supporter of migrants coming to the UK with the intention to work. He even published a [report in October 2014](http://web.archive.org/web/20160423023649/http://www.citygrowthcommission.com/wp-content/uploads/2014/10/City-Growth-Commission-Final-Report.pdf), in which he stated that the treatment of migrants is failing cities across the UK in need of highly-skilled talent. Speaking at the SUMMIT Jim spoke about the UK's [public attitude towards immigration](https://web.archive.org/web/20160128231815/http://startups.co.uk/economist-jim-oneill-tells-businesses-immigrants-are-needed-to-drive-growth/): > "British people don't seem to like immigration and it's strange to me. You need skilled immigrants to contribute to economic growth. There is something wrong going on in society." ## Businesses in the UK Rely on Migrant Workers Businesses up and down the UK have long argued that they need skilled migrants in order for their businesses to grow and expand. Not only do migrants have the skills and the knowledge that may lack in the UK itself but they bring diversity and different ideas to already successful UK businesses. Surely this is more than enough to encourage the future UK Government to agree to ease Immigration Rules for migrants who want to come to the UK to work and abolish the current 20,700 cap on skilled migrant workers. As we have seen over the last month there are still UK political parties that do not want to budge on limiting the number of migrants allowed into the UK. There seems to be a constant fight on assuring the UK public that they will do everything in their power to reduce migration. Understandably, employers and business leaders are not happy with the view that immigration is bad for the UK, as they are well aware that businesses in the UK rely on migrant workers. Not just in high skilled jobs but also in low skilled jobs. As we mentioned earlier this week, Labour leader Ed Miliband was able to alleviate some of the negativity towards migration when he revealed that they would remove the current 20,700 cap on skilled migrant workers. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration Update: Salary Threshold to Affect Recruitment in NHS Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-update-salary-threshold-to-affect-recruitment-in-nhs/ *From next year, skilled migrant workers will only be eligible for Indefinite Leave to Remain if they earn a salary of at least £35,000 per annum. UK Home Secretary previously [announced this back in 2012](http://www.bbc.co.uk/news/uk-politics-17204297) and wants to move forward with this immigration rule in order to cut immigration statistics in the UK. The Royal College of Nursing recently voiced their opinions on the damaging effect it will have on the UK's National Health Service. * ## Immigration Rules will Stop Nurses Coming to UK It should be noted that most nurses in the UK earn salaries that are relatively less than £35,000. Theresa May's plans to implement the £35,000 salary threshold in 2016 for skilled migrants who want to settle in the UK will affect the NHS's recruitment of nurses. According to the Royal College of Nursing, the NHS in Wales in particular will suffer from the new immigration rules. Shadow Home Secretary Yvette Cooper agrees with the new salary cap which is aiming to cut immigration statistics in the UK. According to Cooper skilled migrant workers should only be able to settle in the UK if they can pay their way and contribute value of the UK. However, not everyone agrees, [Tina Donnelly the director of the Royal College of Nursing](http://www.walesonline.co.uk/news/health/nurses-warn-new-immigration-rules-9159123#ICID=sharebar_twitter) in Wales has opposed both Cooper's and May's plans: > "Currently there is an estimated shortfall of 3,000 nurses across Wales, 1,000 of them in the NHS and the rest in the private and voluntary sectors. Very few nurses have salaries of £35,000, and this rule will stop nurses we need coming to work here.” ## Who is Benefiting from Restricting Migrants? Part of working in immigration is keeping up with the immigration rules and who will be affected by the impending changes. We have written many articles concerning the NHS and their reliance on skilled migrant workers. For instance, back in December 2014 we reported that the NHS would be [‘in dire strait’](http://www.bbc.co.uk/news/uk-politics-30417950) without skilled migrant workers, with an estimated 35% of workers in the NHS being migrants. Furthermore, [NHS employs staff from more than 200 different countries](http://www.theguardian.com/society/2014/jan/26/nhs-foreign-nationals-immigration-health-service), including Azerbaijan, Zambia, Indonesia, Poland, and American Samoa, according to official figures. Which has led to experts forming the opinion that the NHS would be ‘short-staffed’ without migrants. So when the UK Government insist on doing everything in their power to restrict migrants from coming and settling in the UK (in this case skilled migrant workers) it becomes confusing the reasons behind their plans. One would assume before implementing new immigration rules they would go to all sources, like the NHS or other industries to see how they will be affected by the salary threshold. If the NHS are short staffed surely the UK public will suffer, the UK economy will suffer......so who is benefiting? Until the new salary threshold is implemented in 2016 it is hard to predict what will happen to the immigration statistics for migrants settling in the UK. For now immigration in the UK continues to be a constant debate between the UK Government, industries and the UK public. It also continues to be seen who is actually thinking of the UK when they argue for and against migration in the UK. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Policy Change For International Students Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-policy-change-for-international-students/ *Recently, leading figures in the UK's art world have come forward to support international students who choose to come to the UK to study. Recognisable names such as  Sir John Hurt, Sanjeev Bhaskar and Sandi Toksvig are just some of the signatories of an open [letter published in the Guardian](http://www.theguardian.com/education/2015/apr/23/revise-immigration-policy-keep-talented-overseas-arts-students) asking for the UK's immigration policy to be revised. This is in order for international art students to continue to live and work in the UK after they have completed their studies. Under the current UK Immigration Rules international students on a Tier 4 Student visa are only able to work in the UK after they have graduated if they qualify for a Tier 2 General visa. * ## International Students Accessing Post-Study Work Categories Decline The 12 signatories of the letter have asked the future UK Government to rethink the Immigration Rules involving international students on a Tier 4 Students visa. Under the current UK Immigration Rules international students that are undertaking a Bachelor's or Master's degree can only stay in the UK for up to 4 months after completing their course. This is a very short period of time considering these students have spent up to three years studying and living in the UK. However, during this time international students may have the opportunity to find work and switch to a Tier 2 General visa which enables them to work. The only problem with this is that international students will have to find a single employee who is offering a salary of at least £20,800. This has proven to be difficult in the art world, as most artists whether they are musicians, actors or painters are either offered jobs that sees them earn relatively lower wages or are  employed on short term basis with multiple employers. Nicola Dandridge, chief executive of [Universities UK](http://www.universitiesuk.ac.uk/Pages/default.aspx), has voiced her opinion on the treatment of international students in the UK many times before and no changes have been made. Therefore, it is no surprise that Ms Dandridge is still concerned that the UK is missing an opportunity with international students and their ability to [contribute to the UK's economy and cultural life](http://www.theguardian.com/education/2015/apr/23/immigration-rules-damage-british-culture): > "Several leading figures in the arts world have studied at UK universities, many of whom have gone back to their home countries and remained lifelong ambassadors for the UK, or have stayed on in the UK to contribute enormously to our cultural life. If the UK is to remain internationally competitive, it should be looking to broaden, not limit, the opportunities for qualified international graduates to stay in the UK to work for a period and contribute to the economy. Numbers accessing post-study work categories in the UK have dropped dramatically since the government’s most recent changes were introduced." ## Future UK Government Should Encourage International Students to Stay in UK The treatment of international students in the UK has been a hot topic of debate in politics in the past year and continues to be so. There are fears that the current UK Immigration Rules may threaten the prospects of new international students coming to the UK. The current UK Immigration Rules are not so welcoming and almost impossible to sustain, in particular for international art students. As mentioned above artists are likely to carry out freelance work with multiple employers and therefore already fail to comply with the UK Immigration Rules. Another argument concerning international students is their inclusion in the migration net target. It has become a relatively know fact that international students contribute to the UK economy by simply studying in the UK. International student's tuition fees can be up to 4 times as much as UK and EU student's tuition fees. One of the UK immigration requirements is to ensure international students can maintain themselves for the duration of their education in the UK, therefore no recourse to public funds. Furthermore, it seems relatively common sense that the future UK Government will want to do everything in its power to keep international students in the UK after they have graduated, not only to continue contributing to the economy but to showcase their talent that has been enhanced whilst studying in the UK. ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # How Will Conservatives Win Affect UK Immigration? Source: https://immigrationandvisasolicitors.co.uk/how-will-conservatives-win-affect-uk-immigration/ *It's official, David Cameron is back in No 10 as the Conservative party wins the majority of the seats in Parliament. So what does this mean for immigration in the UK? As we reported back in April 2015 the UK Conservative party published their manifesto which did not receive a warm reaction for [business leaders from across the UK](https://immigrationandvisasolicitors.co.uk/uk-immigration-conservative-partys-manifesto-disappoint-uk-businesses/). Now we will look at the Governments further plans to control immigration in a way that benefits the UK. * ## David Cameron's Plan for Immigration According to the Conservative's manifesto, the political party is planning to control immigration that will put the British public and their family first. The aim is to reduce the number of migrants coming to the UK and toughening the enforcement of the UK Immigration Rules. Conservative's plan of action: - Reforming Welfare Rules for EU nationals: EU nationals that want to claim tax credits and child benefits must have lived and contributed to the UK for at least 4 years. Furthermore, in order to reduce EU migration the party is planning to stop the ability of EU job seekers to claim any job-seeking benefits. In addition to this if an EU migrant has not found a job within the first 6 months of being in the UK they will be required to leave the country. - Free Movement & Non-EU spouses: They do not want new Member States of the EU to benefit from free movement until their economies are closer to existing Member States. The Conservative party also want to negotiate a plan with the EU to introduce stronger powers to deport criminals and stop them coming back to the UK. Furthermore, non-EU migrants wishing to join their EU spouses in the UK can expect tougher requirements such as an income threshold and English language test. - Maintaining the cap on Skilled migrants: The cap of 20,700 will stay during the next Parliament. This means that visas will only be granted to those under the Tier 2 visa category who have the skills that the Government believe the UK needs. - Deport first, appeal later: This rule has already  been implemented, but it will now be extended to all immigration appeals and judicial reviews, including immigration cases based on right to family life. They will also implement a new removal strategy to take away any opportunities for migrants to delay the process of their removal. - Stopping illegal working and exploitation: Introducing tougher labour market regulation to tackle illegal working and exploitation. - Ease pressure on public services & local communities: Firstly, the party are aiming to recover up to £500 million from migrants who use the NHS by the middle of next Parliament. Furthermore, communities that have a high volume of migrants will see the introduction of "Controlling Migration Fund". This is being created to prevent industries that are becoming too reliant on migrants to provide long term plans for training British workers. - Promoting British values: The introduction of tougher English language tests and the reduction of Councils spending on translation services. Any migrant worker in a customer facing role will be required to speak English fluently. Furthermore, applicants who know only basic English will be expected to show their progression in the fluency of the language if they want to extend their UK visa. ## Conservatives Believe in Controlled Immigration, not Mass Immigration From the Conservatives manifesto the political party is planning to become tougher, more stringent and more determined to reduce migration from both the EU and outside the EU. Despite what the Conservative party have highlighted in their manifesto they do recognize the benefits of immigration. > "Conservatives believe in controlled immigration, not mass immigration. Immigration brings real benefits to Britain – to our economy, our culture and our national life. We will always be a party that is open, outwardlooking and welcoming to people from all around the world." Only time will tell how the Government's plan will fare for immigration in the UK and whether it will have a positive or negative effect on the UK. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # British Bride’s Dream Wedding Cancelled After Fiancé Deported Source: https://immigrationandvisasolicitors.co.uk/british-brides-dream-wedding-cancelled-after-fiance-deported/ *Last week, a [British bride was left devastated when her New Zealand national ](http://tvnz.co.nz/national-news/i-feel-sick-kiwi-man-s-wedding-dreams-shattered-after-being-deported-wales-6310802)[fiancé was deported](http://tvnz.co.nz/national-news/i-feel-sick-kiwi-man-s-wedding-dreams-shattered-after-being-deported-wales-6310802) from the UK forcing her to cancel her wedding plans. Lliwen Roberts and Gareth MacRae have been dating for 6 years and got engaged in February 2014. The couple have spent approximately £10,000 in catering fees, dresses, jewellery, venues and entertainment for their dream wedding which was due to take place in July 2015.  * ## Summary of the Facts Ms Roberts, a Welsh national had plans to marry her partner of six years in a traditional wedding in Wales in front of family and friends from both the UK and New Zealand. Without a full understanding of the UK immigration Rules, the couple booked a wedding venue as soon as they got engaged in February 2014. They assumed that Mr MacRae would have no problem obtaining a UK visa as he is a commonwealth national, little did they know that was further from the truth.  Initially, Mr MacRae applied for a marriage and settlement visa which was subsequently refused due to failing to meet the financial requirement. Mr MacRae and Ms Roberts were relying on cash savings of £62,000. Under the UK Immigration Rules the financial threshold for couples relying on savings is £62,500. After the disappointment of the refusal the couple reluctantly applied for a marriage visitor visa. The condition of a Marriage Visitor Visa is that you are required to marry within the six months of obtaining the visa and leave the UK before the expiry of the validation. For this reason it is understandable why both Mr MacRae and Ms Roberts did not want to apply for this visa. Ms Roberts explains: > "It meant we would be able to get married but Gareth would have to leave the country within six months. It wasn't ideal but Gareth's family had already booked flights from New Zealand to come and see us get married and we didn't want to let anybody down." Unfortunately Mr MacRae's Marriage Visitor Visa was refused on the basis that the Entry Clearance Officer was not satisfied that he would leave the UK after 6 months. In a desperate attempt and last resort to get Mr MacRae into the UK he applied for a Tourist visa, which he was granted. Although it was not the visa they wanted it was a moment of relief for the couple and Mr MacRae arrived at Manchester airport last week. However, upon his arrival he was detained for three hours and questioned about his intentions of coming to the UK. Two days later Mr MacRae was put back on a plane to New Zealand, despite having documents such as an employment letter confirming his job to return to in New Zealand, a return ticket and a sufficient amount of savings to maintain himself for the duration of his trip. However, the immigration officials believed that Mr MacRae was intending on getting married in the UK which is not permitted on a Tourist visa. The couple have now sadly cancelled their summer dream wedding and have yet to decide if they want to still get married in the UK. ## Are You Eligible for a UK Fiancé Visa? The situation mentioned above can be down to a couple of things, incredibly bad luck or bad legal advice. It is important to have a full understanding of the UK Immigration Rules, in order to ensure that you meet the requirements of the visa you are applying for. Our UK Immigration Solicitors based in central London will go through the UK Immigration Rules and requirements with you to ensure that you are eligible before applying for a UK visa. For instance, the UK fiancé visa permits a person who has settled status in the UK to bring their prospective spouse to the UK with the intention of getting married. The visa is issued for six months, during which time the applicant will need to get married. After the marriage, the applicant can apply immediately for a two-year provisional spousal visa before the expiry of their visa by making an application for Further Leave to Remain from inside the UK, which grants the visa holder conditional permanent resident status and allows to remain in the UK initially for two years. ## Contact us for successful UK Fiancé Visa applications Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. --- # UK Governments Affect on Immigration & Science Source: https://immigrationandvisasolicitors.co.uk/uk-governments-affect-on-immigration-science/ *Last week, the majority of the nation chose David Cameron to be the Prime Minister, this week there is no doubt that people are wondering how the new UK Government will affect them, in particular migrants from Europe and outside of Europe.  [Sarah Kendrew, an Astronomer from the University of Oxford](http://www.theguardian.com/science/blog/2015/may/12/what-will-a-conservative-government-mean-for-uk-science) spoke out about the risks that science programmes in the UK face as a result of the Tories immigration policies.* ## How will the Immigration Policies Affect UK Science? Although the Conservative party have pledged to continue their support for science, they have yet to show this. Firstly, the level of science spending in the UK is [below 0.5% Gross Domestic Product (GDP)](http://www.theguardian.com/science/occams-corner/2015/mar/13/science-vital-uk-spending-research-gdp). Making the countries' investment in science lower than any other country amongst the G8 nations. Already risking the UK's position in scientific research and innovation. Secondly, due to the current science budget UK scientists are heavily reliant on other sources of funding such as sources from outside the UK. The European Research Council (ERC) is found to be one of the UK's biggest investors when it comes to scientific research. In 2007 the ERC invested more than £5bn, supporting scientists at all stages of their post- PhD careers. Despite this the Conservative party is planning a number of reforms to regain control of EU migration. Furthermore, David Cameron has stated that if other members of the EU are not happy with the UK's policies he will have no problem exiting the EU. If this was to happen the science programmes in the UK would likely lose its' biggest source of funds. Thirdly, the Conservatives determination to cut migration will also affect UK science. With the drive to cut migration and plans to toughen Immigration Rules the UK could deter international talent. The number of international students choosing the UK to pursue Science, Technology, Engineering and Mathematics (STEM). For instance, the number of international STEM students in the UK declined by 8% in 2011/12 and a further 2% in 2012/13. Not only will this decline affect Universities but it has proven to affect UK businesses that have argued that due to the l[ack of skills they are having trouble filling vacancies](http://www.bbc.co.uk/news/business-30224320). ## Immigration Brings Real Benefits to Britain It is yet to be seen what the next five years will bring, but at the moment it seems that the new/current UK Government has a long way to go to satisfy the UK public, businesses and international talent. As the Conservatives have stated in their manifesto: > "Conservatives believe in controlled immigration, not mass immigration. Immigration brings real benefits to Britain – to our economy, our culture and our national life. We will always be a party that is open, outwardlooking and welcoming to people from all around the world. We also know that immigration must be controlled." ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Tory Governments Stance on Immigration Affecting Technology Industry Source: https://immigrationandvisasolicitors.co.uk/tory-governments-stance-on-immigration-affecting-technology-industry/ *This week, [CEO of TechUK, Julian David has argued in favour of immigration ](http://www.itpro.co.uk/government-it-strategy/24604/techuk-rails-against-dumb-immigration-policy)in the UK, stating that businesses in the country benefit from skilled migrant workers as well as being part of the EU.  This comes as the new Conservative Government stands by the view of cutting immigration, maintaining the skilled worker cap of 20,700 and the prospect of leaving the EU.* ## Right Skills Needed to Grow the UK Economy Mr David's concerns about the UK Governments stance on immigration is not something new. Before the new Tory Government was announced, the UK Technology industry has urged the Government to ease the UK Immigration Rules. The ongoing argument is that the sector is continually finding it difficult to fill vacancies due to the lack of skills in the UK. However, it is not just migrant workers who have the skills and talent in technology, according the Mr David it is the lack of skills across the board: > "The position on immigration needs to be smart and at the moment you could argue it’s dumb. We’re not talking about numbers here, we’re talking about getting the right skills needed to grow the economy, be they plumbers or be they tech entrepreneurs or be they experienced large company people." There have been a number of studies to back up the UK businesses concerns with the affect of the lack of skills in the UK. [International Technology Adoption and Workforce Trends](https://web.archive.org/web/20170706052228/http://www.itpro.co.uk:80/strategy/24593/it-skills-gap-is-harming-innovation), found that 44% of 1,500 IT workers believed staff productivity is suffering because of the skills gap. [Engineering UK](http://web.archive.org/web/20170201165708/http://www.engineeringuk.com/View/?con_id=490) reported there is a massive shortage of skills in the area and UK companies will need 182,000 workers a year, with engineering skills in the decade to 2022 to generate £27 billion a year for the UK economy. Furthermore, the report stated that there is an annual shortfall of 55,000. In April 2014, a survey by Tech London Advocates, revealed that the [tech talent shortage is the single biggest impediment](https://web.archive.org/web/20141027070242/http://www.spearswms.com:80/blog/despite-techcrunch-vote-of-confidence-uk-getting-less-hospitable-to-tech-entrepreneurs/) to the future of the sector in London – with 43% pointing to the talent gap and 10% to immigration legislation as the key threats to London technology’s continued growth. ## UK Tory Government Can Make or Break UK Economy The ability to not fill vacancies in the technology sector has always been attributed to the lack of skills from individuals who are born and raised in the UK. Politicians and UK employers have pointed at the school system and their inability to teach young people the necessary skills to help them in the professional world, whilst others have turned on migrants as taking all the professional jobs before potential employees in the UK have the opportunity. The Government has tried to assure businesses and the public in the UK as they proudly speak of having boosted the number of apprenticeships to record levels – 2.2 million over the last five years and stating last September more young people headed off to university than at any time in history. Although this is a huge accomplishment and definitely not one to be criticized, the Government has yet to make any changes that are beneficial to UK businesses now. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Case Study: Successful Further Leave to Remain as a Student Source: https://immigrationandvisasolicitors.co.uk/uk-case-study-successful-further-leave-to-remain-as-a-student/ *Recently, our Immigration team were instructed by a client ("the Applicant") in his appeal for Further Leave to Remain as a student. **The Applicant was a non-EU national who entered the UK in 2003 as a dependent of his parents. He obtained a Tier 4 Student visa which was valid for three years and before the expiration applied for Further Leave to Remain under the same category, which was subsequently refused. However, after appealing the Home Office's decision the Applicant was granted Discretionary Leave to Remain in order for him to complete his course of study. Before the Applicant's Discretionary Leave expired he applied for Further Leave to Remain which was subsequently refused with a right to appeal.* ## Facts of the Further Leave to Remain Immigration Case Our expert Immigration Solicitors reviewed the Applicant's immigration case and after having a detailed consultation with the Applicant they were instructed to prepare his appeal for Further Leave to Remain. The reason the Applicant's visa application was refused was due to the fact that Home Office had found that there was a period of time that the Applicant was living in the UK unlawfully. Although this was unknown to the Applicant himself as he was 16 years old at the time. Our Immigration team lodged an appeal at the First-tier Tribunal on behalf of the Applicant and when they received a notice of hearing they prepared a hearing bundle with the requisite documents that highlighted his education in the UK. The documents showed that the Applicant was doing valuable research now that he had graduated and furthermore showed his ambition as he had become a director of a restaurant. In addition, to the preparation of the documents the Immigration Solicitors prepared witness statements that allowed the immigration judge to fully understand the complex circumstances of the Applicant's immigration history. The Immigration Judge took all these points into account and was in favour of the Applicant. The judge formed the view that the Applicant was a hardworking young man carrying out an important function as a researcher thereby making a substantial contribution to society as a whole and was not at fault of what the Home Office was accusing him of. ## Expert Immigration Appeal Solicitors If you have had a visa application refused and you have been given the right to appeal, contact our expert immigration team for legal advice. Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through your appeal process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # UK Immigration: US National Refused Entry to Visit Fiancée in UK Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-us-national-refused-entry-to-visit-fiancee-in-uk/ *This morning, The Northern Echo reported the story of a US national who was recently refused entry to the UK by UK Border officials who were not satisfied of his intentions of visiting the UK.* US nationals visiting the UK for 6 months or less do not need a visa to enter the UK but must be able to satisfy UK Border officials that they are coming for the purpose stated and they do not intend to take employment or stay permanently in the UK permanently. ## US National Refused Entry to Visit Fiancé In a case reported by The Northern Echo, US national Giuseppe Maini wished to enter the UK so he could visit his British fiancée Angelina Johnson. The couple had struck up a friendship over the internet 3 years ago and Ms Johnson had visited Mr Maini in California on three separate occasions. Ms Johnson and Mr Maini had recently become closer following a car crash which took the life of Ms Johnson’s 17 year old son. Earlier this month, Mr Maini proposed to Ms Johnson and then decided to visit her in the UK. The online paper reports that following Mr Maini’s arrival at Heathrow Airport last week, he was questioned as to the intentions of his visit. It transpired that Mr Maini, an artist, had been carrying paint brushes in his luggage. UK Border officials considered this as evidence that Mr Maini intended to work in the UK but Ms Johnson explained that Mr Maini had wanted to paint a mural for her dead son. A day after his arrival, Mr Maini was sent back to the US. ## Consequences of Adverse UK Immigration History UK immigration applications request applicant’s to declare their immigration history over the last 10 years, including their UK immigration history. In this case, if Mr Maini were to apply for a UK fiancé visa or settlement visa after he had married Ms Johnson, he would have to declare whether or not he was refused entry to the UK (for example at a sea port or airport). It seems for Mr Maini, that a small misunderstanding may now lead to him having to explain himself every time he wishes to enter the UK. Our immigration lawyers are frequently approached by non-EEA nationals who wish to visit the UK for short period of time but are unaware of what is required to make such an application. Our expert team recommends visitors to obtain legal advice whether or not they require a visa to enter the UK so they are aware of what is expected of them. ## Contact our team of expert Immigration Lawyers/Solicitors for Legal Advice [Our team](https://www.gov.uk/government/collections/immigration-rules) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # UK Immigration Update: Right to Work Checks for Employers Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-update-right-to-work-checks-for-employers/ *This month, the UK Home Office published '[An employer's guide to right to work checks](https://www.gov.uk/government/publications/right-to-work-checks-employers-guide)' guidance. The checks stated in the guide were implemented on 16 May 2015 and failure to comply may result in a hefty fine for UK employers. * We have reported on many businesses up and down the UK that have been exposed for employing illegal workers. Last year the UK Government toughened the UK Immigration Rules by raising civil penalties for businesses employing illegal migrants to £20,000 per person. Illegal working often results in exploitative behaviour, poor pay, migrants being mistreated, tax evasion and poor housing conditions. It can also undercut legitimate businesses and puts individuals who are living in the UK lawfully and looking for jobs at a disadvantage. There have been some changes to the document checks employers are required to undertake. Please see below for a summary of the changes: ## Summary of Changes to Right to Work Checks Documents - Biometric Residence Permits (BRPs): Firstly, Migrant workers (non-EEA nationals) who have been granted the right to work in the UK will have a sticker placed in their passport, which enables them to enter the UK within 30 days of being issued. Once they have entered the UK they have 10 days to collect their BRP. This BRP will suffice as one of the new documents that the UK employer must acquire to ensure they are complying with the Home Office requirements. - Residence Cards: Are now taking the format of BRPs. Residence Cards are issued to non-EEA nationals who are settled or settling in the UK with an EEA family member. Previously, Residence Cards were stickers placed in passports, although the guidance has stated that these are still accepted and have given examples. - Administrative reviews: This has replaced many rights of appeal against immigration decisions. - Certificate of Application: These will be issued to non EEA family members of EEA nationals following the introduction of biometric residence card. ## UK Immigration Compliance Solicitors Under [section 15 of the Immigration, Asylum and Nationality Act](http://www.legislation.gov.uk/ukpga/2006/13/section/15) 2006, an employer may be liable for a civil penalty if they employ someone who does not have the right to undertake the work in question. Employers have a duty to prevent illegal working in the UK by carrying out prescribed document checks on people before employing them to ensure they are lawfully allowed to work. These checks should be repeated in respect of those who have time-limed permission to work in the UK. UK Businesses must ensure that they have the appropriate checks in place, can demonstrate that they will be able to meet their employers duties and have the appropriate records for their skilled workers. The Home Office carry out spontaneous checks on organisations on a regular basis and on such visits will expect to examine those areas of Human Resources and procedures which are outlined in their guidance. They will also verify the information provided by employer’s on their application for obtaining the sponsorship licence. ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business and have been affected by the Home Office’s raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay --- # Home Office Release Data on UK Sponsor Licences Source: https://immigrationandvisasolicitors.co.uk/home-office-release-data-on-uk-sponsor-licences/ *Today, the UK Home Office published their '[Sponsorship transparency data: May 2015](https://www.gov.uk/government/publications/sponsorship-transparency-data-may-2015)'. The data highlights sponsorship activities in the UK during the first quarter of 2015. Sponsorship Licences enables businesses and schools to sponsor non-EEA nationals to work or study in the UK. Please see below a summary of the data and the different type of Sponsorship Licences.* ## Sponsorship Licences for Employers & Education Providers The Tier 2 UK Sponsor Licence allows UK businesses to employ non EU migrant workers; a Sponsor Licence is permission granted by the Home Office to directly hire those from non-EEA countries so they can work in the UK in skilled employment. Once a UK employer is registered with the Home Office, they will be able to allocate  a Certificate of Sponsorship (CoS) to the applicant. According to the Home Office's data the number of Tier 2 Sponsors: - Registered in the first quarter of 2015 were 27,239; - Suspended in the first quarter of 2015 were 108; - Revoked in the first quarter of 2015 were 190. Education providers wishing to enrol overseas students from outside the EEA are required to ‘sponsor’ them under Tier 4 of the Points Based System. Education providers will need to obtain sponsor licences from the Home Office. The concept of sponsorship in relation to Tier 4 is that it provides evidence that the student will study for an approved qualification and places duties on education providers that it must abide by. According to the Home Office's data the number of Tier 4 Sponsors: - Registered in the first quarter of 2015 were 1,569; - Suspended in the first quarter of 2015 were 16; - Revoked in the first quarter of 2015 were 18. The Tier 5 Temporary Worker visa category is made up of a number of sub categories; Tier 5 Creative & Sporting visas, Tier 5 Charity workers and Tier 5 Religious workers. These sub-categories require you to have a licenced sponsor who has issued you with a valid Certificate of Sponsorship before you apply for leave. According to the Home Office's data the number of Tier s Sponsors: - Registered in the first quarter of 2015 were 3,668; - Suspended in the first quarter of 2015 were 8; - Revoked in the first quarter of 2015 were 14. ## Successful UK Sponsorship Licence Application Obtaining a UK Sponsorship licence is far from a straightforward process involving referencing not only the immigration rules but also supplementary guidance notes. Together with this issue is ensuring that the bundle of supporting documents meets the Home Office’s stringent requirements and properly evidences the application. For this reason it is usual for a professional employer to instruct expert immigration sponsorship solicitors to manage this process. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your eligibility in obtaining a UK Sponsorship Licence and to find out more about your [duties once you are a Sponsor](https://immigrationandvisasolicitors.co.uk/immigration-lawyers-london/ukba-uk-sponsor-licence-sponsorship-home-office-duties-work-permits/). --- # UK Case Study: Successful Settlement Application as Spouse of British National Source: https://immigrationandvisasolicitors.co.uk/uk-case-study-successful-settlement-application-as-spouse-of-british-national/ *Today, our expert Immigration Solicitors were successful in obtaining a client ("the Applicant") settlement in the UK, based on her marriage to a British national present and settled in the UK. * After you have lived legally in the UK for a certain length of time, you may be able to apply for permission to settle in the UK. Settlement is also known as ‘Indefinite Leave to Remain’.  If you are currently in the UK, your right to apply for settlement will depend on your current immigration category whereas if you are applying to enter the UK as the child of a British citizen or a person who is settled here, you may obtain immediate permission to settle here permanently. ## Facts of Indefinite Leave to Remain The Applicant entered the UK in 2007, 8 years ago with the intention of working. She legally obtained the relevant UK visa and complied with the conditions of her visa by returning to her country of origin before the expiry of the UK visa. The Applicant returned to the UK, this time to pursue a higher education in a renowned UK University. After successfully completing her degree the Applicant met her partner and future husband. After three years of dating the Applicant married her British Spouse in her home country. The Applicant obtained a UK Spouse visa and once in the UK was granted an extension of 2 years which brings us to 2015. Our expert Immigration Solicitors were instructed by the Applicant to prepare and submit an application for Indefinite Leave to Remain as the Spouse of a British national. A bespoke tailored documents list was sent out to the Applicant and her Spouse to guide them in demonstrating the Applicant met the requirements under the Immigration Rules. It was important that the documents reflected that the Applicant was in a genuine subsisting relationship. Under the UK Immigration Rules, as they were then, the Applicant must show that they have been admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with [paragraphs 281 to 286 of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-8-family-members) and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom. As mentioned above the Applicant married her British national husband who is present and settled in the UK. This is only applicable to applicants who made their Spouse visas prior to 9 July 2012. ## Instructing Immigration Solicitors Successfully Obtain Settlement Our expert Immigration Solicitors at Lexvisa duly prepared the Applicant’s visa application with the requisite supporting documents and made detailed representations to submit with the visa application. The legal representations demonstrated that the Applicant met the UK Immigration Rules by highlighting that she has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom. In addition, to confirmation that the parties had met and are in a genuine and subsisting relationship and that the parties intended to live together permanently. Furthermore, it was important to detail that the Applicant and her spouse were able to maintain and accommodate themselves with no recourse to public funds. We were happy to receive news from the Home Office today confirming that the Applicant had been granted Indefinite Leave to Remain in the UK based on her marriage to a British national present and settled in the UK. ## Contact us for a successful Settlement / Indefinite Leave to Remain application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our **[**legal case assessment form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment.** --- # UK Immigration Statistics: Visa Application Refusals & Appeals Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-statistics-visa-application-refusals-appeals/ *According to the [Home Office's statistics](https://www.gov.uk/government/publications/immigration-statistics-april-to-june-2014/immigration-statistics-april-to-june-2014), immigration is down by almost a fifth since its peak in 2010. The UK Immigration Rules are becoming tougher in order to avoid and limit the number of migrants believed to be abusing the system. The number of UK visa applications refused in 2014 has increased and the number of appeals lodged have decreased. Furthermore, under the Immigration Act 2014, the Home Secretary has implemented the 'deport first, appeal later' policy as a means to avoid those who are abusing the system to delay their removal. * ## UK Home Office Statistics Show Decrease in Appeals & Increase in Refusals According to Theresa May, the UK appeal system is [“like a never ending game of snakes and ladders with almost 70,000 appeals heard every year.”](http://www.bbc.co.uk/news/uk-politics-24335368) However, according to the Home Office's immigration statistics the number of appeals in asylum cases has decreased since 2010. According to immigration statistics, in the year ending June 2014: - The HM Courts and Tribunals Service received 6,610 asylum appeals, which is a decrease of 2,144 (-24%) in comparison to the year 2013 (8,754); - 69% of appeals were dismissed; - Only 26% of appeals were allowed; and - 6% of appeals were withdrawn. The figures shown above are well below the peak in the number of appeals lodged in the UK. According to immigration statistics, in the year ending June 2010, 16,560 asylum appeals were lodged. Although, the number of asylum appeals have decreased since 2010 the figure of the number of appeals dismissed last year are worrying. Furthermore, there are no details as to whether these dismissals were justified. Further Immigration statistics show in the year ending June 2014: - 25% of resolved family-related visa applications were refused; - The number of passengers refused entry at port rose by 6% to 16,886; and - 8,795 Asylum applications were refused. During the same period there were fewer deportations, but an increase in voluntary departures. According to the immigration statistics there were 12% fewer (-1,744) enforced removals from the UK. However there was a much larger, 3,940 increase (+12%) in total voluntary departures, to 37,216. ## Deport First, Appeal Later Under [Section 17 of the Immigration Act 2014](http://www.legislation.gov.uk/ukpga/2014/22/section/17/enacted), an Appellant can remain in the UK to bring or continue his appeal if his initial claim was made whilst he was in the UK. If however, the Secretary of State has decided that an appeal is ‘clearly unfounded’ or a person can be removed to a safe third country, the appeal can only take place once the person has left the UK. In the case of someone liable to deportation who raises a human rights claim, the default is to remove them from the UK to avoid individuals abusing the appeals process. It has become a common occurrence for individuals to delay their removal from the UK by lodging an appeal, so before the appeals process is exhausted they are given the right of appeal from abroad. This policy has been described as "flawed" as it was recently reported that a Nigerian woman, despite her poor mental health and having a young child were deported after her asylum claim was refused. Fortunately the Upper Tribunal of the Immigration and Asylum Chamber, ruled that the [UK Government must arrange for the mother and son to return to the UK](https://web.archive.org/web/20170710185945/http://www.express.co.uk/news/uk/572036/immigration-Britain-family-Nigeria-Home-Office-migration) after being senselessly deported. This one case shows that the policy does not take individual circumstances into account and is just looking to get immigration figures down. Although the aim of stopping the UK appeal process being abused is admirable it also comes with criticism that vulnerable individuals are being put at risk. ## Legal Advice on UK Visa Application Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Tier 4 Sponsors: UK PM David Cameron to Clampdown on ‘Bogus’ Colleges Source: https://immigrationandvisasolicitors.co.uk/tier-4-sponsors-uk-pm-david-cameron-to-clampdown-on-bogus-colleges/ *Last month, ahead of the Queen’s Speech, [David Cameron released a statement on the UK Government’s website](https://www.gov.uk/government/speeches/pm-speech-on-immigration) in which he discussed his plans to control immigration. In particular, the Prime Minister discussed how he intended to crack down on abuse in the immigration system by closing “bogus” colleges and making it tougher for illegal immigrants to remain in the UK.* This follows on from the Conservative Party’s belief that the Labour Party had left the student visa system “open to widespread abuse from bogus colleges.” ## Conservatives to Get Tough on Tier 4 Sponsors The [Conservative Party’s manifesto](https://web.archive.org/web/20191030184228/https://www.conservatives.com/manifesto) mentions that the Conservative Party will reform the student visa system with new measures to tackle abuse and reduce the numbers of students overstaying once their visas expire. The Conservatives mention their plans to clampdown on “satellite campuses” opened in London by universities located elsewhere in the UK and also to review the highly trusted sponsor system for student visas. In addition the manifesto states: > “…the introduction of exit checks will allow us to place more responsibility on visa sponsors for migrants who overstay, we will introduce targeted sanctions for those colleges or businesses that fail to ensure that migrants comply with the terms of their visas." ## Tier 4 Sponsors: Non Compliance with Immigration Rules and Sponsor Guidance A Tier 4 Sponsor Licence is valid for 4 years from the date it is granted, unless it is revoked or surrendered. One of the roles of UK Visas & Immigration is to monitor sponsors’ compliance and take action against those who pose a threat to immigration control; or breach their sponsorship duties, or otherwise fail to comply with the Immigration Rules or sponsor guidance. Where the breach is an isolated or minor issue, the sponsor is willing and able to correct it, and the sponsor poses no continuing threat to immigration control, UKVI will in most cases support the sponsor in making the relevant improvements by issuing an action plan, which sets out the steps that the sponsor must take in order to retain its Tier 4 licence. However, where there is a serious breach indicating a significant or systematic failing, the sponsor no longer meets the eligibility or suitability requirements for holding a Tier 4 licence, or UKVI considers that the sponsor constitutes a serious threat to immigration control, UKVI may decide to revoke the sponsor’s licence. This may also occur where there has been sustained non-compliance over a period of time, or where there have been a number of breaches which are isolated or minor in themselves but – taken together – indicate a serious or systematic failing. ## Immigration Compliance Solicitors Our advice for UK businesses/employers (corporate clients) and education providers encompasses the following: - Ongoing compliance with UK immigration laws and sponsorship duties for Tier 2, Tier 4 and Tier 5 Sponsor; - Advice on Prevention of illegal working; - Assistance with Home Office Audits; - Advising on appropriate record keeping and monitoring processes; - Training for businesses and educational institutions, including training on compliance procedures and recruiting international staff and students; and - Keeping you updated with the changes in [UK Immigration Law](https://www.gov.uk/government/collections/immigration-rules). [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers are ready to provide you with effective solutions to your business  immigration needs. Our expert immigration solicitors based in London, provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # UK Immigration Case Analysis: Raj & Knoll Ltd v SSHD [2015] Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-analysis-raj-knoll-ltd-v-sshd-2015/ *The case of [R (Raj and Knoll Limited) v SSHD [2015] EWHC 1329 (Admin)](http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Admin/2015/1329.html&query=raj+and+knoll&method=boolean) is quite rare as it is one of the first cases to come before the courts in respect of the 'Tier 2' Points-Based System operated by UK Visas & Immigration on behalf of the Home Department.* In these Judicial Review proceedings, Raj & Knoll Ltd (“the Claimant”) challenged the Secretary of State’s (“Defendant”) decision to revoke its Tier 2 Sponsor Licence and to maintain that revocation. By revoking the sponsor licence, it meant that the Claimant was no longer able to employ non-EEA migrants. ## Facts of the Case In this case, the Claimant is a private company which runs 3 nursing homes in Kent and employs 65 people of whom 11 are ‘sponsored’ workers. The Claimant obtained a sponsor licence in 2009 which permitted it to issue Certificates of Sponsorship (“CoS”) to non-EEA migrants so they could work at the nursing homes. However, in September 2013, UK Border Agency (as it was known at the time) carried out a Licence Renewal Visit at the Claimant’s registered address. They discovered that the premises were no longer owned by the Claimant (and the Claimant had not informed the Home Office of this). This led to the unit recommending the suspension/revocation of the Claimant’s sponsor licence. Following a further inspection in March 2014, the Defendant issued the Claimant with a suspension letter citing numerous reasons such as the lack of right to work checks, discovery of an employee who did not have the right to work in the UK and the fact that all the issued CoS contained an address which the Claimant no longer owned. The Defendant gave the Claimant the opportunity to make submissions but in June 2014 revoked the Claimant’s licence altogether. ## The Decision Justice Haddon-Cave considered submissions from both sides and after analysing the Home Office’s Tier 2 scheme and guidance for sponsors, reflected that the principle applicable to Tier 2 and Tier 4 were similar, with the watchword being “trust”. In applying principles derived from case law, Justice Haddon-Cave stated that the essence of the sponsor licence system was that the Respondent imposes “a high degree of trust” in sponsors and that the authority to grant a CoS is “a privilege which carries great responsibility.” After considering both sides of the argument, Justice Haddon-Cave was not satisfied with the Claimant’s arguments and it’s Judicial Review was dismissed. It was concluded that the Claimant had neglected to comply with its record-keeping duties and with the Resident Labour Market Test and had failed to correct these problems and respond to the Home Office within the timeframe given to them. ## Warning to Tier 2 Sponsors The case of Raj & Knoll Ltd v SSHD, tells us that the courts will not tolerate non-compliance with the Home Office’s rules and guidance on Sponsorship. Justice Haddon-Cave went on to warn sponsors that: > “*"It must be understood that the grant of [sponsor] status is a fragile gift, constant vigilance about compliance is a minimum standard required for such sponsors. The burden of playing an active role in the support of immigration control is a heavy one. The SSHD is entitled to review purported compliance with a cynical level of supervision."* It is therefore imperative for sponsors to ensure that they know what their duties are and that they comply with the Home Office’s guidance at all times. Our expert team of immigration lawyers are regularly instructed by clients wishing to obtain sponsor licences and are on hand to advise you of the process of obtaining the same and complying with sponsors duties. --- # Employing Non-EU Workers: Right to Work Checks Update Source: https://immigrationandvisasolicitors.co.uk/employing-non-eu-workers-right-to-work-checks-update/ *Since March this year, the Home Office have begun to roll out Biometric Residence Permits (“BRP’s”) to migrants overseas granted permission to enter the UK for more than six months, replacing the UK visa. The phase ends on 31 July 2015. The new change means that employers may have to carry out ‘second right to work checks’ on their employees.* ## Right to Work Checks: Biometric Residence Permit The Biometric Residence Permit (or BRP as it is commonly known) is proof of the holder’s right to stay, work or study in the UK. It can also be used as a form of identification. By 31 July 2015, any migrant applying for, and then granted, more than six months' leave from overseas will be issued with a vignette (sticker) in their passport which will be valid for thirty days to enable them to travel to the UK. Following their arrival, they will have 10 days to collect their BRP from the Post Office branch detailed in their decision letter. For most migrants granted permission to be in the UK, the BRP will be the document that proves they have permission to work in the UK. If a migrant does not travel to the UK within the 30 day period, then they will need to apply and pay for another 30 day vignette. ## Employer 'Second' Right to Work Check If you are an employer and your employee wishes to start work upon their arrival in the UK (i.e within 10 days), they will need to show you their validity vignette in their passport which they used to travel to the UK. You will then need to conduct a full right to work check on the basis of this vignette, which must be valid at the time of the check. However, as the vignette will expire 30 days from issue, you will then have to repeat the check using the BRP to ensure that you have carried out the relevant check. Under UK’s current Immigration Rules, an employer may be liable for a civil penalty if they employ someone who does not have the right to undertake the work in question. The Home Office expect employers to take their duty to prevent illegal working in the UK seriously and require employers to carry out prescribed document checks on people before employing them to ensure that they are lawfully allowed to work. --- # Home Office Overturns £15,000 penalty issued to Tameside Pub Source: https://immigrationandvisasolicitors.co.uk/home-office-overturns-15000-penalty-issued-to-tameside-pub/ *In March this year, we reported the story of [Robert Carl Jordan, a US citizen who faced deportation from the UK](http://www.manchestereveningnews.co.uk/news/greater-manchester-news/tameside-dad-robert-carl-jordan-8912457) despite spending almost his entire life in the UK. Today, Manchester Evening news, has reported how he has been allowed to stay and will now be applying for dual citizenship.* Following this, the Home Office have overturned the £15,000 civil penalty they issued to Mr Jordan’s employer, The Bay Horse Pub in Denton – Mr Jordan has now been allowed to return to his job at the Pub. ## Civil Penalty for Pub Found Hiring “Illegal Migrant” Mr Jordan, a 56 year old national who entered the UK at the age of 3 years old with his British mother was detained by the Home Office’s Immigration Enforcement Unit when they paid The Bay Horse Pub a visit  this year. [The Pub was fined £15,000 for hiring an illegal worker but this was overturned](http://www.manchestereveningnews.co.uk/news/greater-manchester-news/pub-fined-15000-hiring-illegal-9435085?) following a review of the case. Bay Horse landlord Mike Hill contended that he had employed Mr Jordan whom he had known as a friend for more than 30 years, after he had checked his driver’s licence and P46 from his last job. ## UK Employers: Importance of Complying with Immigration Rules [Employers in the UK have a responsibility to prevent illegal working in the UK](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/311668/Code_of_practice_on_preventing_illegal_working.pdf) by ensuring that their employees have the right to work here. The Immigration Rules allow an employer to be served with a notice requiring the payment of a penalty of a specified amount where they employ a person aged 16 or over who is subject to immigration control unless: - that person has been given valid and subsisting leave to be in the UK by the Home Office and that leave does not restrict them from taking the job in question; or - the person is in a category for which employment is also allowed. ## Civil Penalty: ‘Referral Notice’ If an employer is found employing an illegal migrant, they would get a ‘referral notice’ to let them know that their case is being considered. They may also fine the employer (i.e. a civil penalty) of up to £20,000 for each illegal worker. The ‘civil penalty notice’ will give the employer payment options and tell them what do next. It will also tell them how to appeal. The Home Office may also publish the employer’s details as a a warning to other businesses not to employ illegal workers. Thos who are found to have ‘knowingly employed’ an illegal worker, could be sent to jail for up to 2 years and receive an unlimited fine. It is therefore, imperative that employers are aware of the current immigration rules and their duties. ## Immigration Legal Advice for UK Employers If you are a UK business and have been affected by the Home Office’s raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. You can also contact us if you have been issued with a Civil Penalty Notice and feel you have grounds to appeal against it. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Government Further Plans to Reduce Immigration Source: https://immigrationandvisasolicitors.co.uk/uk-government-further-plans-to-reduce-immigration/ *This month, UK Prime Minister, David Cameron announced that [Migration Advisory Committee will consider new measures to reduce demand for migrant labour](https://www.gov.uk/government/news/pm-announces-migration-advisory-committee). This includes increasing the minimum salary threshold for international employment, and plans to curb the use of internal company transfers that enable employers to move international workers to the UK. Of course these plans have come to the dismay of many UK businesses and employers. * ## 20,700 Cap on Skilled Migrant Workers Deter Students Numerous management jobs and vacancies in the financial sector have been left unfilled as a result of the 20,700 yearly cap on skilled workers from outside Europe. It has become apparent that higher-salaried jobs in science are being given priority. As a result the graduate tracks and private sector middle management posts are likely suffer the most from the cap on skilled workers. Professor John Reast, dean of University of Bradford School of Management, echoed his worry of the [UK Governments continual plan to cut migration](https://web.archive.org/web/20160807125622/http://www.businessbecause.com/news/mba-careers/3315/uk-visa-curbs-visa-cap-breached). > "The ability to…Get employment is part of the calculation of coming to study in the UK. If that ability is taken away, it removes the pros of them coming here." This has been a common argument when it comes to immigration in the UK. There seems to be a constant debate on the treatment of international students who choose to study in the UK, but due to the UK Immigration Rules may have no choice but to return to their home country once they have graduated. This not only affects higher education institutions in the UK who want to continue to attract international students but it also affects UK businesses who require specific skills to fill their vacancies. ## UK Businesses do not want to Lose Global Talent Highly skilled migrant workers not only have the skills required by UK businesses, when it comes to the science, financial, engineering sectors but they contribute by bringing new ideas, tax revenue and  help the growth of the UK economy. International students also contribute to the UK economy massively, as their tuition fees can be up to four times as much as UK and EU student’s tuition fees. The UK Government wants to reduce immigration in these area in order for British people to fill job vacancies.  This is something that the UK businesses want as well but do not want to[ risk losing talent from abroad](https://web.archive.org/web/20150915141202/http://www.businessbecause.com/news/mba-careers/3314/uk-visa-curbs-fresh-measures-condemned). As Mark Hilton, head of immigration policy at London First, explains: > "We need to keep up-skilling our population but at the same time as attracting the best and brightest global talent. Businesses want to work with government to make sure British people have the skills the country needs. But we can’t just magic them from nowhere." ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: British Royal Navy Sailor’s Daughter Refused NHS Treatment Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-british-royal-navy-sailors-daughter-refused-nhs-treatment/ *This week, a [British Citizen that served for the British Royal Navy has been left devastated](http://www.dailymail.co.uk/news/article-3130533/Why-deporting-sick-daughter-asks-Royal-Navy-sailor-risked-life-Britain.html) after being told by Immigration Officials that his 13 year old daughter who is battling cancer cannot be treated in the UK. Roamel Crichton, moved to the UK in 2003 to pursue a career in the Royal Navy. His daughter, Dedra Crichton lives in  St Vincent, Caribbean where he was originally born. The reason Miss Crichton is being refused treatment and faces deportation from the UK is because she is not a British Citizen. Therefore, failing to comply with the UK Immigration Rules. * ## 13 Year Old Cancer Patient Faces Deportation Both Mr Crichton and Miss Crichton entered the UK a week ago after Mr Crichton rushed to St Vincent, Caribbean when he heard the diagnosis of his daughter's illness. Mr Crichton was eager to bring his daughter back to the UK after doctors in his country of origin admitted that the facilities and resources are better in the UK for treating Miss Crichton's cancer. Upon arrival at Gatwick Airport Miss Crichton was stopped by Immigration Officials and told that she would have to return to St Vincent, Caribbean within a week. Despite this warning Mr Crichton took his daughter to the Royal Free Hospital in Hampstead, North London. The results were not one that any parent would want to hear, there was immediate concerns about the severity of her condition. Miss Crichton was booked in for surgery the next morning. [Mr Crichton explains](https://web.archive.org/web/20160201095220/http://www.express.co.uk/news/uk/585516/Royal-Navy-hero-Roamel-Crichton-Dedra-refused-NHS-cancer-treatment) how his relief of his daughter being treated immediately changed to panic: > "The first doctors we saw were great and told her “we’re going to look after you and make sure you walk out of here. But then officials started investigating and we were told she’s not British and may not qualify for NHS treatment." Although Miss Crichton was due to travel back to St Vincent, Caribbean yesterday it has been postponed as there was no appropriate adult to travel back with her. This immigration case is still developing. ## UK Government want to Crackdown on Health Tourism It is a hard case to digest due the seriousness of the child's condition and the contribution that her father has made to the UK. The UK Government has made it very clear that they want to crack down on immigration and reduce the amount on people that abuse our system. The UK NHS have also made it clear that they would like to limit the access to the NHS due to the rise in health tourism which costs taxpayers up to £2 billion a year. Miss Crichton was born and raised in St Vincent therefore she does not require a visa to enter the UK and can stay in the country for up to 30 days. However, Non-UK residents will be charged for hospital treatments. If you are an overseas visitor to the UK you may be charged for some treatments and, depending on how urgent it is, you will usually have to pay in advance. The finer details of Miss Crichton's case are not known so it is hard to report whether the UK Immigration Officials and the NHS's refusal to allow treatment are justifiable. ## New Law Acquiring British Citizenship Another important fact is that Mr Crichton is a British citizen which may allow him to confer his citizenship to his daughter. The Immigration Act 2014 received a royal assent on 14 May 2014. On 6 April 2015, [section 65 of the Act](http://www.legislation.gov.uk/ukpga/2014/22/section/65) inserted new registration provisions (sections 4E to 4J) into the British Nationality Act 1981 for persons born before 1 July 2006. The new provisions are: 1. Those who would have become British citizens automatically under the 1981 Act provisions had their parents been married. 2. Those who would currently have an entitlement to registration under the 1981 Act provisions but for the fact that their parents are not married. --- # UK Immigration: Home Office Mistake leaves US National Stranded Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-us-national-stranded-after-being-misinformed-by-the-home-office/ *Over the weekend, it was [reported that a newly wedded couple have been forced apart for over a month](https://web.archive.org/web/20150622015251/http://www.lep.co.uk:80/news/local/immigration-argument-rumbles-on-for-newlywed-1-7318624) due to an error made by the UK Home Office. Mr David Treasure, a British national has been forced to leave his wife, Mrs Nancy Treasure in Fuerteventura, an island in the Atlantic Ocean after being misinformed by the Home Office.* ## Facts of Immigration Case Mr and Mrs Treasure got married on 7 April 2015, days after Mrs Treasure's UK Visitor visa expired. Despite the expiry of Mrs Treasure's UK visa Immigration officials allowed her to stay for the ceremony but warned the couple that in order for Mrs Treasure to settle in the UK as Mr Treasure's wife show would have to make an entry clearance visa application. The couple left the UK on Saturday 25 April 2015 with the intention of making a UK Spouse Visa application abroad. Mrs Treasure is an American national and was allegedly told by UK Home Office officials and an immigration solicitor that she could make her UK visa application from Fuerteventura. However, upon arriving at the British Consulate the couple were advised that they could not make the visa application from the island. As a result Mr Treasure was forced to leave Mrs Treasure in Fuerteventura, in a bid to resolve the immigration matter in the UK. Mrs Treasure could not return to the UK as she was already told by Immigration Officials that she would be refused entry in the UK and deported as a result. In addition to the couple allegedly receiving wrong advice on where they could submit their UK Spouse visa application, they faced a further blow when Mr Treasure received a letter from the UK Home Office claiming that Mrs Treasure was still in the UK and was outstaying her welcome. Mr Treasure stated his frustration with the UK Home Office: > “We’re waiting for the Home Office departments to start singing from the same hymn sheet. The Home Office told us to start again as they obviously don’t communicate with one another and seemed to have no record of us submitting our travel documents and no idea that we had left the UK on 25th April.” The Home Office have admitted that the letter was sent in error, however, the couple are still yet to know the fate with regards to Mrs Treasure's return to the UK. The ongoing immigration matter is clearly having a toll on the couple emotionally and financially, as Mr Treasure confirmed that Mrs Treasure is struggling with being alone and that her impression of the UK has soured. ## Applicable Immigration Case Law Case law is prominent when defending a client's immigration matter. Furthermore, when appeals are heard at the Immigration and Asylum Tribunal, judges turn to the decisions of others when deciding the fate of immigration matters. The most recognised immigration case concerning a married person switching visas under the immigration law is  [*Chikwamba  v Secretary of State for the Home Department [2008] UKHL** 40*](http://www.bailii.org/uk/cases/UKHL/2008/40.html). In the decision of the above mentioned immigration case the Lords were highly critical of a tendency in tribunal decision-making that requires an migrant with a family life in the UK to return to their country to apply for entry clearance. In these decisions, the tribunal has refused to pre-empt the decision of an entry clearance officer. The House of Lords ruled that conditions in a country of origin must be drawn upon to decide whether it is proportionate to separate a family or a partner to return home to make an entry clearance application. It added that there is a limit as to how far the Government can go in removing discretion from the decision-making process. The appeal was allowed and it was held that the removal of the Appellant would violate her and her family's article 8 rights. From the facts of the case there are differences to Mr and Mrs Treasure's matter, as there are no children involved. However, both Mr and Mrs Treasure are in their 60's and have been left in limbo due to alleged errors of the UK Home Office and incorrect legal advice. The case is still progressing and for the sake of the couple will hopefully be resolved soon. ## Successful UK Spouse Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a an application for entry clearance so you can join your British partner in the UK or a leave to remain in the UK application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Rules: May Force Overseas Teachers out of UK Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-rules-may-force-overseas-teachers-out-of-uk/ *This week, the [National Association for Head Teachers (NAHT)](https://www.tes.co.uk/news/school-news/breaking-news/new-immigration-rules-will-hit-schools-heads-warn) has echoed the [sentiments of the Royal College of Nursing](https://immigrationandvisasolicitors.co.uk/uk-immigration-update-salary-threshold-to-affect-recruitment-in-nhs/). The concerns are regarding the new UK Immigration Rules which apply that Tier 2 skilled migrant worker will only be eligible for Indefinite Leave to Remain if they earn a salary of at least £35,000 per annum. Although this Immigration Rule has been put in place with the intention of reducing non-EU immigration in the, Russell Hobby, the General Secretary of  NAHT has stated that it could have a detrimental effect on certain sectors which, in result, will have a negative impact on the UK economy. * ## NAHT: Minimum Salaries for Skilled Workers will have Adverse Effect Mr Hobby voiced his concerns about the Immigration Rules because the majority of overseas trained teachers are below the new required salary threshold. As he explains it is not only the NHS that will be adversely affected by the policy but schools will suffer as well: > "We note the concern today from the RCN that new rules on minimum salaries for workers from non-EU countries will have an adverse effect on healthcare. The fact is that these rules will hit schools, too. Headteachers everywhere are struggling to recruit. Pupil numbers are rising. Budgets are being squeezed all the time. In the face of these challenges, it seems counterproductive to force out valued members of staff for the sake of meeting a migration target.” Since the Conservative party have come into power their [determination to reduce immigration from outside the EU](http://www.huffingtonpost.co.uk/2015/06/10/david-cameron-immigration-non-eu_n_7552376.html) has increased. In fact David Cameron revealed at the beginning of this month the Migration Advisory Committee (MAC) will be looking into ways of reducing the number of people coming to the UK to work. ## Shortage Occupation List for Overseas Teachers Earlier this year the MAC carried out a partial review of the Shortage Occupation List and at present the only jobs in the teaching sector which are currently on the [Shortage Occupation List](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list#table-1---united-kingdom-shortage-occupation-list) are secondary education teachers in the subjects of maths and science (chemistry and physics only). Looking at the minimum appropriate salary rates for the occupation of a teacher Mr Hobby's concerns are validated, as the majority of them fail to meet the new required  salary threshold of £35,000. - Unqualified teachers undertaking Overseas Trained Teachers Programme and equivalent: £20,000; - Qualified teachers and equivalent: £21,438; - Post-threshold teachers and equivalent: £34,523; and - Leadership group, assistant head teacher, principal teacher and equivalent: £37,284. It should be noted the new Immigration Rule may be implemented in April 2016 and applies to skilled workers from outside the Europe Union who have entered the UK since 2011. If it is found that after 6 years of working in the UK they do not earn at least £35,000 per annum they will be required to leave the country. Whether the voices of the [Royal College of Nursing](http://www.rcn.org.uk/) and [National Association for Head Teachers](http://www.naht.org.uk/) will be heard by the UK Government is yet to be seen as neither the Prime Minister or the Home Secretary have responded to their concerns. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration Update: UK-Belgian Visitor Visa Service for Chinese Nationals Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-update-uk-belgian-visitor-visa-service-for-chinese-nationals/ *This month, the [UK and Belgian Governments announced a new visa service scheme](https://www.gov.uk/government/news/pilot-scheme-to-streamline-visa-process-for-chinese-visitors) which will allow Chinese nationals to visit the UK, Belgium and the wider Schengen area by making their visa applications at the same time. The new visa service scheme will be enforced from 1 July 2015 and will be implemented at the UK's Visa Application Centres in Beijing, Guangzhou and Shanghai. Under the new scheme Chinese visitors who want to travel to the UK and Belgium as a main Schengen destination, will have the ability to make their UK and Belgium visa applications at the same time at a UK Visa Application Centre, with a single set of accompanying documents.* ## Chinese visitors coming to UK Continues to Increase The visa routes for Chinese nationals who want to visit the UK for leisure, business or education has long been a debate for improving. Currently, Chinese nationals who obtain a visa to travel to Europe are required to make another visa application separately if they wish to come to the UK. The UK Government has made some changes in order to improve the visa services for Chinese nationals and are looking to continue strengthening the ties between the UK and China. Home Secretary, Theresa May explained the reasoning behind the new UK-Belgian Visitor visa: > "The number of Chinese visitors coming to the UK continues to soar. We already offer an excellent visa service in China and have made a number of changes to create a quicker and easier process for customers. This scheme will create a one-stop shop for Chinese visitors to the UK and Europe, whether they are coming here for business or leisure. We will continue to make sure our visa services are world-class to ensure that our borders are protected and that Britain remains open for business." According to the [Home Office's immigration statistics for October to December 2014](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/406251/immigration-q4-2014snr.pdf) published earlier this year, the largest increases in visitor visa grants were for Chinese nationals (+12%; +35,537, excluding Hong Kong). ## Changes to UK Visitor Visa From April 2015, the UK Government has made a number of changes to the UK Visitor visa route with the intention of simplifying the process and attracting more visitors from outside of Europe. Originally there were eight different types of Visitor visas; this has now been reduced to just four: - A Standard Visitor visa (which will apply to general tourists); - Permitted Paid Engagement visa (waiting to undertake paid engagements such as appearing in concerts, theater or other performance arts); - Marriage Visitor visa (to get married or enter a civil partnership in UK); and - Transit visa (which is for individuals who are just passing through the UK). It should be noted that the Standard Visitor visa has replaced the Family Visitor visa, General Visitor visa, Child Visitor visa, Business Visitor visa, including visas for academics, doctors and dentists, Sports Visitor visa, Entertainer Visitor visa, Prospective Entrepreneur visa, Private Medical Treatment Visitor visa and the Approved Destination Status (ADS) visa. Whether you are a Chinese national looking for more information about the new UK-Belgian visa service or a non-EEA national who wants to visit the UK for one of the above mentioned reasons, please contact us to arrange a consultation with one of our expert Immigration Solicitors. ## Contact us for successful UK Visitor Visa application If you have been refused a visitor’s visa, your appeal rights are limited; please contact our expert immigration team to explore your options in light of the Home Office’s refusal decision. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. **Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our **[**legal case assessment form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)** and we will get in touch or call us now on 02071830529 for a free telephone assessment and free case assessment.** --- # UK Immigration: Rise in Chinese Nationals Obtaining Tier 1 Investor Visas Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-rise-in-chinese-nationals-obtaining-tier-1-investor-visas/ *Recently, Radius Equity** **revealed that the number of Chinese nationals applying for and obtaining Tier 1 Investor visas tripled in 2014. The Tier 1 Investor Visa category of the Points Based System is for open to those migrants who wish to make a substantial financial investment in the UK. It is established that more and more wealthy migrants are investing in the UK as a route to obtain settlement in the country.* ## Overseas Tier 1 Investors Continues to Grow According to Radius Equity, a company that provides advice on investment opportunities in private companies in the UK, in 2014, 1,580 applicants for Tier 1  Investor visas were Chinese nationals. As mentioned above, this figure has tripled from the year before when the figure stood at 507. Although there has been a rise in figures for the amount of Tier 1 Investor visas obtained, the director of Radius Equity, Gary Robins, has voiced his concerns that further changes to the UK Immigration Rules may affect the number of wealthy migrants investing in the UK and has encouraged individuals to make their visa applications sooner rather than later. Furthermore, Samuel Hu, head of overseas investors at Radius Equity, echoed Mr Robins sentiments, however focused on the [importance of receiving the right immigration legal advice](https://web.archive.org/web/20150819220211/http://www.international-adviser.com/news/1020219/uk-investor-visa-applicants-china-soar): > "The already high level of interest from overseas investors continues to grow. Most failed applications will have resulted from shortcomings in the preparation of application documents, or in proving the necessary financial qualifications have been met. This underlines the importance for applicants of getting access to the best advice.” The success rate of Chinese nationals being granted Tier 1 Investor visas in 2014 is in the 80 percentile, however, this is actually a decrease from the 99% in 2013. This highlights Mr Hu's point of the importance of Immigration legal advice to ensure a sufficiently executed application is submitted. ## Changes to Tier 1 Investor Visa Route The Tier 1 Investor visa route is attractive due to the fact that individuals do not need to show evidence of maintenance nor demonstrate that they meet the English language requirements. Furthermore, investors can apply for settlement in the UK if they have invested £10 million in 2 years or 5 million in 3 years. Alternatively, if you have been residing in the UK continuously for 5 years you may also be eligible for Indefinite Leave to Remain. This route demonstrates the UK government’s desire to attract high net worth individuals to make substantial investments in the UK. On 6 November 2014, the UK Immigration Rules implemented that applicants applying for a Tier 1 Investor visa must: - Have a minimum of £2 million to invest in the UK. The money must be your own and must be held in a regulated UK financial institution. The money must also be disposable in the UK; and - You must invest the full amount in prescribed forms such as share or loan capital in active and trading UK companies, or UK Government bonds.  The following [further changes were implemented to this visa route on 6 April 2015](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/407476/HC_1025_Immigration_Rules.pdf): - Individuals are required to ‘open a UK-regulated investment account’, before making their application. - The age requirement is being increased from 16 years old to 18 years old. - Applicants will no longer need to invest additional capital if they sell part of their investments at a loss, but they will be required to maintain all their capital within their investment portfolios. ## Successful Tier 1 Investor Visa Applications Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the [process of making a Tier 1 application](https://immigrationandvisasolicitors.co.uk/) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # BBC Radio 4’s ‘Crisis in the Curry Kitchen’ Features Our Immigration Lawyer Source: https://immigrationandvisasolicitors.co.uk/bbc-radio-4s-crisis-in-the-curry-kitchen-features-our-immigration-lawyer/ *This morning, [BBC Radio 4 aired a programme in which Scottish broadcaster and writer, Hardeep Singh Kohli investigated how a critical shortage of chefs is threatening the future of the British curry industry](http://www.bbc.co.uk/programmes/b0608jn1). The segment featured our expert immigration lawyer, Bimal Kotecha, who was interviewed by Hardeep on how the change to the UK’s visa rules in 2008 have made it expensive and difficult to recruit chefs from South Asia. * The Guardian reports that every week, 2.5 million customers eat in one of 10,000 restaurants employing 80,000 staff, making the curry industry worth £3.6bn. However, due to the tight immigration clamp down, there are a lack of skilled chefs and it has been argued that this has plunged the industry into crisis. ## Shortage of Chefs May Result in Curry House Closures The radio show which was researched by [journalist Rahul Verma](https://web.archive.org/web/20200105144224/http://www.storywallah.co.uk:80/blog/bbc-radio-4-crisis-in-the-curry-kitchen) won rave reviews in the Observer and [Radio Times](https://www.bbc.com/mediacentre/proginfo/2015/26/crisis-in-the-curry-kitchen) and highlighted concerns that the UK government's complex visa rules were preventing UK curry houses from recruiting chefs from the South Asian region. [The Guardian commented](http://www.theguardian.com/tv-and-radio/2015/jul/05/beats-1-bunk-bed-curry-crisis-kitchen-radio-review) that Hardeep "presented a lovely example about a genuine problem" the fact that the UK was running out of qualified chefs to work at curry houses because the government in its "mad anti-immigration panic" made it near impossible for any chefs from the South Asian region to qualify for a visa. ## Complex & Lengthy Process to Obtain Sponsor Licence Our immigration solicitor, Bimal Kotecha, who specialises in assisting clients with obtaining Tier 2 Sponsor Licences, was interviewed by Hardeep on how the current immigration rules are having a negative impact on the British curry industry. Bimal explained that UK employers wishing to employ non EU migrant workers must first obtain a Sponsor Licence from the Home Office. Business sponsors will need to provide substantial evidence to the Home Office that they are a genuine organisation operating in the UK, that they are honest, dependable and reliable and that they are able to comply with employment and immigration law and good practice. However, preparing a sponsor licence application can be a lengthy and complicated process, with our experience showing that it usually takes clients between 4 – 6 weeks to gather the documents required by the Home Office. Our clients have told us that they find that the Home Office’s website is not user friendly and it is difficult to navigate around the complicated guidance in place. The Home Office’s ‘stringent’ guidance for Tier 2 Sponsors’ is lengthy (with one document consisting of 166 pages) and may be off putting for employers such as local curry houses. In addition, it may also get costly for small businesses who will have to pay the Home Office’s sponsor licence fee, which is currently £536 (for small and charitable sponsors) and then a further fee of £199 at the time of assigning a Certificate of Sponsorship to the applicant. ## Recruiting Skilled Chefs for British Curry Houses from Abroad Chefs are listed on the government’s [Tier 2 Shortage of Occupation List](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list#table-1---united-kingdom-shortage-occupation-list); a skilled chef is considered to meet the criteria where: - the pay is at least £29,570 per year after deductions for accommodation, meals etc; and - they have five or more years relevant experience in a role of at least equivalent status to the one they are entering; and - the job is not in either a fast food outlet, a standard fare outlet, or an establishment which provides a take-away service; and - the job is in a role such as an executive chef – or sous chef. Hardeep considers that the average head chef in the UK earns around £25,000 in a ‘decent restaurant’ and that chefs from abroad are now ‘beyond the reach of average high street curry houses.’ Hardeep foresees a time in the not too distant future when only a handful of haute cuisine curry houses will survive. It may be time for the government to reconsider their complicated visa rules. ## Contact us for successful Tier 2 UK Sponsorship Licence applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified London immigration solicitors and barristers are ready to provide you with effective solutions to your business  immigration needs. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02071830529 for a free telephone assessment and free case assessment. --- # New Requirements for UK Tier 1 Entrepreneur, Investor & Tier 2 Visa Applicants Source: https://immigrationandvisasolicitors.co.uk/new-requirements-for-uk-tier-1-entrepreneur-investor-tier-2-visa-applicants/ *This Autumn, changes were made to the UK's current immigration rules which [introduced a requirement for high net worth clients, namely, Tier 1 Investor and Tier 1 Entrepreneur visa applicants to produce an overseas criminal record certificate](https://www.gov.uk/government/publications/criminal-records-checks-for-overseas-applicants). From 1 September 2015, if you are applying for entry clearance as a Tier 1 Entrepreneur or Tier 1 Investor, or as an adult dependant (over 18 years old) of the main applicant in these routes, you must provide an overseas criminal record certificate for any country you have resided in continuously for 12 months or more, in the 10 years prior to your application. * In addition to this, the Home Office changed the operation of the Tier 2 (General) limit to maximise the number of places available each month, within the overall annual limit. ## UK Tier 1 Investor and Entrepreneur Visas The requirement for applicants to provide an overseas criminal record certificate began on the 1 September with the Tier 1 (Investor) and Tier 1 (Entrepreneur) categories. This requirement will be for Tier 1 (Investor) and Tier 1 (Entrepreneur) applicants as well as their adult dependents. The change does not currently apply to in-country applicants or applicants looking to switch from one Tier group to another. The Home Office intends to apply this more widely to other applicants and will slowly introduce this into other categories. Applicants in the Tier 1 Investor and Entrepreneur categories should make sure their applications include a criminal record certificate from every country they have lived for a period of a year or more over the past 10 years. If you fail to provide any certificates or an acceptable explanation, your application will be refused under [paragraph 320 (2A) in the General Grounds for Refusal, Part 9 of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal). If you provide false or fraudulently obtained certificates your application will be refused. You may also be subject to a 10 year ban for any future entry clearance applications. ## UK Businesses and Tier 2 Sponsors The [Statement of Changes to the Immigration Rules HC 297](https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-297-13-july-2015) which were published on 17 September 2015 were the fourth of the year and along with changes in other categories, they have changed the requirements for Tier 2 (General) visas. The changes to the Tier 2 skilled worker rules are designed to maximise the number of places which can be allocated each month within the annual limit of 20,700. This is good news for UK Sponsors as the monthly limit has been oversubscribed in recent months causing applications deserving of Restricted Certificates of Sponsorship (RCoS) to have a high rate of refusal. This has been implemented by increasing the number of salary bands in the current points based system. This maximises the monthly allocation of places and permits the Home Office to revoke Certificates of Sponsorship which are unused so that these unused certificates are recycled back into the 20,700 limit. ## UK Immigration Advice for Tier 1 & Tier 2 Visa Applicants Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a Tier 1 Entrepreneur or Tie 1 Investor visa application step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you are a Tier 2 Sponsor or if you have had a General visa refused, [contact us](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) to discuss your case so that we can provide you with a case assessment. --- # Immigration Status of Migrant Students Affect their Education Source: https://immigrationandvisasolicitors.co.uk/immigration-status-of-migrant-students-affect-their-education/ *Recently, it has been reported that [a number of overseas students in the UK are unable to progress to further education](http://www.theguardian.com/uk-news/2015/jun/24/pupils-denied-university-place-immigration-status-should-get-loans) as they are not eligible for student loans. The restrictions of getting a student loan is down to their immigration status. For instance, if you have Discretionary Leave to Remain or Limited Leave to Remain in the UK you are expected to pay the tuition fees of an international student. Overseas students who have obtained British Citizenship or Indefinite Leave to Remain will be able to get a student loan to cover the costs of their further education. * ## Arguments Against Government's Restrictions Heard in Supreme Court Approximately, 500 to  2,400 migrants are affected by this restriction. These are students that have received their primary and secondary education in the UK but are not eligible for a student loan and therefore cannot afford to go University. The UK Government's restrictions on migrants was challenged in the Supreme Court on Wednesday 24 June 2015, with a number of arguments in favour of those deemed not eligible.  [The legal charity, Just for Kids Law](http://www.justforkidslaw.org/), put forward the argument that a number of young people who approached them were completely unaware of their immigration status until they tried to apply for a loan: > "An increasing number of young people have contacted [us] having found that they are ineligible for student support. Many are deeply affected by it. Many have resided in the UK for more than half of their life and, as a consequence, have received all of their secondary and at least some primary education [here]. Many were not aware of their immigration status until they applied for student support. [They] would be the first in their family to attend university and face significant periods until they will be eligible to apply for indefinite leave to remain in the UK.” A number of MPs also showed their support at the hearing, they all echoed each other's sentiments. Young people, especially students, are the future of the success of the UK's economy. Denying migrant students the chance to pursue further education when they have spent the majority of their lives in the country is damaging and will have adverse affects on the country. Not only are they being denied the chance to contribute to the UK but they are being denied the opportunity to progress with their lives. ## Eligibility for Settlement in UK After you have lived legally in the UK for a certain length of time, you may be able to apply for permission to settle in the UK. Settlement is also known as ‘Indefinite Leave to Remain’.  If you are currently in the UK, your right to apply for settlement will depend on your current immigration category whereas if you are applying to enter the UK as the child of a British citizen or a person who is settled here, you may obtain immediate permission to settle here permanently. As mentioned above, if you have Discretionary Leave to Remain in the UK you are not eligible for a student loan. However, you may be eligible for Indefinite Leave to Remain, which would make the process of getting a student loan a lot easier. You need to have lived in the UK for: - 6 years if you applied on or before 8 July 2012; or - 10 years if you applied from 9 July 2012. The current UK Immigration Rules apply that migrant students who are not considered 'settled' in the UK, due their immigration status, will have to pay the same tuition fees as international students. International student’s tuition fees can be up to 4 times as much as UK and EU student’s tuition fees. For migrants who have spent most of their lives and education in the UK this seems extremely unfair and with the arguments heard in the Supreme Court last week, there is hope that the Government's restrictions will be overturned. The Supreme Court Justices have yet to make a decision. ## Contact us for a successful Settlement / Indefinite Leave to Remain application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. --- # UK Immigration: Doctor Speaks out Against Health Surcharge Rules Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-doctor-speaks-out-against-health-surcharge-rules/ *This week, Dr Elliot Singer has spoken out about the unfair and unwanted expectations put on GPs in the UK regarding the immigration status of their patients. The UK Home Office's new health charges, which came into fruition on 6 April 2015, are placing responsibility on GPs to refer their migrant patients to the hospitals if they require treatment that may require a fee. * ## Doctor Singer: We are not Qualified to Monitor Immigration Statuses Last month, Dr Singer along with other doctors from Tower Hamlets, Manchester and Salford called for the [British Medical Association (BMA)](https://web.archive.org/web/20200114063203/https://www.bma.org.uk/) to clarify and echo the message that all doctors in the UK are required to provide medical care and not for "monitoring of immigration status". Dr Singer voiced his concerns that it was not ethical to expose patients in the way that the UK Home Office want them to: > "The whole issue is inequitable. The emphasis is on GPs to check someone’s migration status to see if they are entitled to NHS care and put this in a referral letter. It is absolutely ridiculous. We are not qualified to do this and it is waste of time and resources.  It presents a conflict of interest. If I know a patient of mine cannot financially afford care, do I then treat them myself when I know they could get better care from a consultant? Ethically it presents quite a dilemma." The concerns of Dr Singer are completely reasonable as he has studied and trained to medically treat people not act as an Immigration Officer. The UK National Health Service's principle is to provide good healthcare to all regardless of whether or not they can afford it. The chair of the BMA has shown his support of Dr Singer's concerns stating: > "Anyone accessing NHS services should be eligible to do so, but it is vital that doctors are able to concentrate on treating patients rather than acting as border guards. The BMA’s is concerned that a system of migrant charging is likely to be an ineffective and that it could end up costing the NHS money to administrate." ## Paying the UK Immigration Health Surcharge As mentioned above the new Immigration Health Surcharge (IHS) was implemented on 6 April 2015 and is expected to be paid as part of the immigration application. Non-EEA nationals who apply to come to the UK to work, study or join family for more than 6 months will be subject to the Health Surcharge. It also applies to non-EEA nationals who are already in the UK and want to extend their stay. Initially the health surcharge was expected to be paid separately from the visa application fee and applicants would have to include their IHS reference number in their online application. However, as of 5 July 2015, when an applicant is making an online application and an IHS reference is needed they will be automatically directed through the IHS process when they complete their online visa application. This way payment for the health surcharge and the visa application fee will be made at the same time. For more information and assurance on the new Immigration requirement our expert Immigration Solicitors will be able to guide you through the process. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Rules Affect Transferring Skilled Workers from India to UK Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-rules-affect-transferring-skilled-workers-from-india-to-uk/ *This week, the [Director of the Confederation of Indian Industry (CII), Chandrajit Banerjee voiced his concerns](http://www.thehindubusinessline.com/opinion/columns/vidya-ram/uk-immigration-rules-leave-cii-headless-in-london/article7400018.ece) that the UK Immigration Rules are affecting business opportunities between India and the UK. The CII is planning to raise their issues with the UK immigration system at the annual conference titled 'The Future of UK-India Economic Relations'; taking place this week.* ## Director of CII:  Indian Companies have added Tremendously to UK Mr Banerjee stated that over the past 8-10 months the CII has not been able to obtain a Tier 2 Skilled Worker visa for their current head, Shuchita Sonalika. Instead Mr Sonalika has successfully been traveling to the UK on a Business visa which the CII has admitted is not necessarily affecting their work in the UK, however, it is making it difficult for them to do business in the UK. [Mr Banerjee stated](http://economictimes.indiatimes.com/nri/visa-and-immigration/indian-industry-calls-for-pragmatic-visa-regime-in-uk/articleshow/47991893.cms): > "It is important that the issue of migration is addressed in the context of the times we are living in. We are very keen that the UK takes a pragmatic approach to the issue. Most of the Indian companies who have come to the UK have added tremendously, not only to the economic side but actually been among the largest employers. They have been employing people from the UK but there is sometimes need for various special skills where you need more flexibility. That is the area where we really would like to see mobility being allowed and flexibility brought in." When making the above comment, Mr Banerjee was referring to the Tier 2 Intra-Company Transfer (ICT) visa route of the Points Based System which the majority of Indian IT companies look to transfer employees from India to the UK based branch of their organisation. ## Home Office's Immigration Statistics for Skilled Indian Workers Despite concerns being raised the relations between UK and India are currently in a good place, as it was found that the UK invested more in India last year than America and Japan did combined. At the same time India invested more in the UK then it did in Europe as a whole. Furthermore, the [UK Home Office released its official immigration statistics for January to March 2015](https://www.gov.uk/government/publications/immigration-statistics-january-to-march-2015/immigration-statistics-january-to-march-2015), showing that almost four-fifths (78%) of Tier 2 Skilled Worker visas & extensions granted were to Indian nationals.  In addition to 2,238 (5%) obtaining Tier 5 Temporary worker visas. However, according to the Home Office Immigration statistics during the same period the number of Tier 2 Intra-Company Transfer (ICT) visas granted decreased from, 17,988 to 17,199. As mentioned above ICT visas are required mostly by Indian IT companies as their UK branches will benefit from their nationals skills and knowledge, which also in turn help their UK counterparts. This is not an easy visa to obtain which may explain the recent decrease and the CII speaking out against the current Immigration Rules. Our expert Immigration Solicitors will be able to guide you through the specifics to ensure that you do not miss anything and understand what to expect from the process. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Rules Update: Changes to Tier 4 Student Visa Route Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-rules-update-changes-to-tier-4-student-visa-route/ *This month, the [Statement of Changes in the Immigration Rules HC 297](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/444701/50596_hc_297.pdf) were published and the Tier 4 Student visa route is facing some major changes; creating more restrictions to those who want to come to the UK  for their education. Please see below the main changes to the Tier 4 Student visa route:* ## Main Changes to Tier 4 Student Visa Route Removing work rights of students at publicly-funded further education colleges New overseas students who are attending publicly funded colleges will no longer be able to work. Currently, overseas students have the right to work for 10 hours a week, and full-time outside term-time. The reason for this change is due the increasing amount of students not complying with their visa conditions, therefore, they now have to abide by the rules that are applied to overseas students in private colleges. This rule will be implemented in August 2015. Academic progression Overseas students at University will be allowed to extend their stay if they are applying for a new course that is at the same level of their current course. However, the course has to be linked to their previous course and the Home Office will require the University to confirm that the course supports the student’s genuine career aspirations. Therefore, there will be credibility interviews and if the University does not comply with the new rules sanctions will be taken against it. This rule will be implemented from August 2015. Preventing college students from extending their Tier 4 (General) visa or switching to other points-based routes College students on a Tier 4 Student visa will not be able to extend their stay in the UK or switch to another visa category under the Points-based system, unless they are attending an 'embedded college' recognised by the UK Home Office. This change will come into fruition in November 2015 and is being implemented with the intention of encouraging students to leave the UK at the end of their course. Not only will this reduce net migration in the UK, but students who want to attend University in the UK will have to leave the country only to make another UK entry clearance visa application. Time Limits Also from November 2015, further education courses at National Qualifications Framework levels 3-5 and equivalents will be reduced from 3 years to 2 years. This is to align the length of time overseas students spend studying with the average length of time that most British students spend on such courses. Maintenance Requirements The maintenance requirement for Tier 4 General students to cover living costs is set at the same level as the combined maximum maintenance loan and grant available to English students living away from home. The Immigration Rules are being amended to reflect the new rates for students starting courses from September 2015. Furthermore, the requirements for Tier 4 dependents are also being increased in line with the increases for main applicants. In addition to maintenance requirements for Tier 4 Child students have been increased in line with inflation. ## Overseas Students not Happy with Changes to Immigration Rules Understandably, the new changes to the UK Immigration Rules have disgruntled a lot of people, in particular students. Many students have taken to social media to vent their frustrations, as well as, the Huffington Post publishing an article as to [why international Students are important to the UK](http://www.huffingtonpost.co.uk/2015/07/14/six-reasons-why-international-students-rule_n_7791758.html). If you are looking to study in the UK and would like to know more about the recent changes in the Immigration Rules; one of our expert Immigration Solicitors will be able to advise you. ## Successful UK Tier 4 Student Visa Applications & Appeals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # Cap on Tier 2 Visas Prevent Further Skilled Workers Entering UK this Month Source: https://immigrationandvisasolicitors.co.uk/cap-on-tier-2-visas-prevent-further-skilled-workers-entering-uk-this-month/ *This month, [the number of non-EU skilled migrants allowed to work in the UK has reached it's target](http://www.telegraph.co.uk/finance/economics/11745205/CBI-calls-for-more-skilled-migrants-to-get-visas.html). The UK Government has set an annual cap of 20,700 under the Tier 2 visa category; which is split into monthly quotas.  In June 2015, after the approval of 1,650 Tier 2 visas in the first 10 days of the month, the UK Government announced that a ban had been imposed to prevent the granting of any further visas for the month. This ban has now been imposed for the month of July 2015. * ## CBI: Want the UK Government To Increase Skilled Migration Cap In light of this news, a number of businesses and employers have complained to the [Confederation of British Industry (CBI)](https://web.archive.org/web/20160808210200/http://news.cbi.org.uk:80/). As a result of the immigration target businesses are unable to fill vacant jobs and believe that limiting the numbers of non-EU skilled migrants coming to the country threatens the UK's economic recovery. The Director-General of CBI, John Cridland, stated: > “The Government’s current direction on non-EU immigration is causing some headaches for businesses. Growth in the UK economy is stronger than in other countries, businesses are facing skill shortages and international students want to learn at the best universities in the world. These are factors which draw people to the UK – people who are more likely to be employed, earning and paying taxes. We want the Government to scrap the net migration target and to increase the skilled migration cap to protect the UK’s reputation as being open for business.” According to the Home Office's [statistics on the allocations of restricted certificates of sponsorship (CoS)](https://www.gov.uk/government/publications/employer-sponsorship-restricted-certificate-allocations/allocations-of-restricted-certificates-of-sponsorship),  394 CoS were carried over to this month totaling 2,040 CoS' available in July 2015. The number of visa applications submitted by UK Sponsors wanting to hire non-EU skilled workers exceeded this figure. As a result 1,943 CoS were granted but over 200 were refused; now a total of only 97 allocations will be carried over to August 2015. ## UK Employers' Seeking Legal Advice As the month of July 2015 comes to an end UK businesses are concerned that the August 2015 quota of 1,747 will also be exceeded. Therefore, causing more vacant positions and businesses left without the required skills they need to expand. If you are a UK employer and are seeking more information and legal advice on the matter our expert Immigration Solicitors can help. As noted above the figures on the number of CoS' available are limited and if you want to employ someone immediately now is the time to start the visa application. Furthermore, if you have already made a job offer to a non-EU worker you must take into consideration that there may be a delay in them joining your company in the UK. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration Rules Update: Returning Residents, Tier 5 Category & Visitor Rules Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-rules-update-returning-residents-tier-5-category-visitor-rules/ *Earlier this week, we wrote an article setting out the numerous changes to the Tier 4 Student visa route. Please see below for some of the other [changes in the Immigration Rules](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/444701/50596_hc_297.pdf) being implemented in the coming months.* ## Returning Residents to UK A returning resident is an individual who was previously settled in the UK and is looking to come back to the country. You will only be eligible for a Returning Resident visa if you plan to permanently reside in the UK and had not obtained public funds to help you leave the country. Furthermore, you will be deemed ineligible if you have been absent from the UK for more than two years; unless you are able to show exceptional personal circumstances that led you being out of the country for this long. Paragraph 19A of the Immigration Rules Part 1 is being amended to include the spouse, civil partner, unmarried partner or same-sex partner of a Home Office employee. Therefore, if a Home Office employee  is serving overseas, their spouse, civil partner, unmarried partner or same-sex partner will be able to accompany them and not lose their settled status after a 2 year absence. Currently this rule applies to partners of British diplomats or of employees of the Department for International Development or the British Council. ## Tier 5 (Temporary Worker – Government Authorised Exchange) Tier 5 of the Points-Based System consists of two categories: Tier 5 Youth Mobility & Tier 5 Temporary Worker. The Government Authorised Exchange visa is a sub category of the Tier 5 Temporary Worker category. This sub category enables individuals to come to the UK to share knowledge, skills and gain work experience through individual schemes which are administered by an overarching sponsor. The following changes are being made to the above mentioned Tier 5 visa category: - A minor amendment to the name of the “International Student Internship Scheme (ISIS)” to “International Student Internship Scheme”; and - The addition of a new scheme:  “Wales Audit Office Exchange programme”. The aim of the scheme is for international professionals to undertake work experience placements with a range of international audit and inspection bodies. ## UK Visitors The following minor changes are being made to the visitor rules: - The Llangollen International Musical Eisteddfod is being added to the list of Permit Free Festivals; - South African nationals who hold diplomatic passports will be able to travel to the UK visa free for tourism or for the purpose of “visit in transit”; and - Transit passengers who are visa nationals have an extended period of 48 hours in which they must leave the UK. This rule currently applies to non visa nationals. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Update: New Requirement for Tier 1 Entrepreneurs & Investors Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-update-new-requirement-for-tier-1-entrepreneurs-investors/ *From 1 September 2015, individuals who want to apply for a Tier 1 Entrepreneur or Tier 1 Investor visa will have to provide an overseas criminal record certificate for any country they have resided in continuously for 12 months or more. The announcement of the new immigration rule was made by the UK Home Office back in April 2015 but they only published the updated guidance for both Tier 1 Entrepreneur and Tier 1 Investor visa routes recently.* ## Immigration Requirement to Prevent Foreign Criminals into UK The aim of the new immigration requirement is to prevent foreign criminals coming to the UK and is being applied to applicants of the Tier 1 visa route and their adult dependants. There is no doubt that if there is a difference in crime rate in the UK or the statistics of visa applications being obtained changes the new requirement will be implemented in other UK visa routes. If you are applying for a Tier 1 Entrepreneur or Tier 1 Investor visa on 1 September 2015 or after this date you must provide the following specified documents with your UK visa application: - The original certificate, for each country (excluding the UK) where you have resided continuously for 12 months or more in the last 10 years, since aged 18 years old, issued by the overseas authority, and - If the original is not in English, then you must provide a translated copy of certificate. Furthermore, the translation requirements must also be in line with the Home Office's guidelines. ## UK Government Commissions MAC to Review Tier 1 Entrepreneur Visa Route The above mentioned new immigration requirement is not the only change that the Tier 1 visa route is seeing. Back in March 2015 the UK Government commissioned the [Migration Advisory Committee (the MAC) to review the Tier 1 (Entrepreneur) visa category](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/416129/Call_for_Evidence_Tier_1_Entrepreneurs.pdf). The commission to the MAC asks that the Committee considers the following questions with regards to whether the current visa route significantly benefits the UK economically: - Whether the initial eligibility criterion of access to funds (currently £200,000 or £50,000) is a sufficient determinant of entrepreneurial ability and whether other criteria, for example, assessment of previous entrepreneurial activity and/or testing the purpose of the investment, should be applied; - When checking the initial eligibility of the applicant; whether an assessment of their previous entrepreneurial activity and/or testing the purpose of the investment, should be applied; - Whether the existing eligibility and extension criteria are appropriate with entrepreneurial and early stage business life-cycles; and - Whether the entrepreneur visa route utilises international best practice. The MAC are required to report to the UK Government by the end of September 2015. The MAC is gathering views and evidence from multiple sources including financial institutions, legal representatives, consultancy firms, academics, representatives of other Governments and, in particular, entrepreneurs both in the UK and those looking to come here. ## Successful Tier 1 Visa Applications Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the [process of making a Tier 1 application](https://immigrationandvisasolicitors.co.uk/) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: Tier 2 Workers Required to Earn £35,000 to Settle Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-tier-2-workers-required-to-earn-35000-to-settle/ *From 6 April 2016, individuals on a Tier 2 visa applying for settlement in the UK and who entered the country under the rules in force from 6 April 2011 must be paid at least £35,000 per annum. This salary threshold has caused quite a stir amongst UK employers who fear that they will lose existing employees as they are currently on salaries that are relatively lower. Furthermore, as a result of the threshold potential employees may be put off at the aspect of not being able to settle in the UK due to the salary expectation.* ## New Immigration Rules on Tier 2 Settlement The new rules on Tier 2 settlement will apply to anyone who entered or switched into Tier 2 of the Points-Based System under the rules in force from 6 April 2011 and who will therefore be eligible to make a settlement application in this category from April 2016 (after five years). The settlement pay threshold of £35,000 will not apply to individuals who entered on a Tier 2 visa under the rules in force on 5 April 2011. It is the responsibility of the UK employer to put in writing in support of their employees settlement application that they are being paid either £35,000 per annum or the appropriate rate for your job as listed in the [Codes of Practice](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/423732/codes_of_practice_april_2015.pdf). The pay threshold will be held at £35,000 until early April 2018; then the salary threshold will increase over the next 3 years after that: - £35,500 if applying on or after 6 April 2018; - £35,800 if applying on or after 6 April 2019; and - £36,200 if applying on or after 6 April 2020. ## UK Employers Fear the Effect of Salary Threshold Understandably a number of employers and in particular unions have spoken out against the salary threshold. As we reported earlier this year both the [Royal College of Nursing](https://immigrationandvisasolicitors.co.uk/uk-immigration-update-salary-threshold-to-affect-recruitment-in-nhs/) and [National Association Head Teachers](https://immigrationandvisasolicitors.co.uk/uk-immigration-rules-may-force-overseas-teachers-out-of-uk/) have voiced that the new settlement requirement could have a detrimental effect on their sectors which, in turn, will have a negative impact on the UK economy. Furthermore, it should be noted that the salary threshold of £35,000 being implemented next year only refers to basic pay; applicants cannot rely on bonuses or overtime. The national average in NI is currently £26,000 which means that a non-EU employee can only apply for settlement in the UK if they get a pay rise; which in today's climate is becoming increasingly difficult for employees and employers. ## Immigration Advice for UK Employers & Tier 2 Applicants Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: UK Businesses Require Skilled Workers Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-uk-businesses-require-skilled-workers/ *Recently, the CBI/Pearson Education and Skills Survey 2015 was published highlighting that the growth in jobs in the UK is at a record high and real wages have also begun to rise. However, according to the survey a number of UK employers are concerned that the country's education and skills shortcomings could potentially bring the economy down. UK businesses are particularly voicing their opinions in the skills gaps in science, technology, engineering and maths (STEM). * ## Skills are an Increasingly Urgent Priority for UK Employers' According to the CBI/Pearson Education and Skills Survey 2015, over half of employers are suffering or expecting soon to suffer a shortage of experienced STEM-skilled staff. CBI/Pearson gathered data from across the UK and found that 55% of businesses are not confident there will be enough people available in the future with the necessary skills to fill their high-skilled jobs. Part of the reason for this shortcoming is due to young people born in the UK failing to build their workplace skills on solid educational foundations; as many are still leaving school with poor literacy and numeracy skills: in 2014, 38.3% did not achieve a grade C or better in GCSE English and 37.6% did not reach this standard in maths. For the above mentioned reason UK businesses look abroad to find employees who already have the skills set required to fill positions. The former head of the Confederation of British Industry, [Lord Digby Jones stated](http://www.bbc.co.uk/news/uk-wales-33851020): > "The United Kingdom and, indeed, south Wales particularly, does not have enough skilled people. So the immigration policy of the nation should start there. It should start with the fact we want more and better-skilled people. So regardless of the colour of their skin, regardless of the god they worship, regardless of where they come from in the world... if they've got a skill and a job to go to with a sponsoring employer, frankly, we should say 'you're welcome'." There is an expectation that most jobs created in the decade to 2022 will be high skilled jobs; therefore UK businesses need the right employees to fulfill these roles. Although UK businesses are planning to increase their apprenticeship programmes to get more young people in the work place they still need the rightly qualified adults to be able to train and pass knowledge on. ## UK Employers’ Seeking Legal Advice UK employers' who are looking to recruit overseas skilled workers have to be aware of the annual cap of 20,700 under the Tier 2 visa category; which is split into monthly quotas. As we reported last month (July 2015), both the quotas for June & July 2015 were reached within the first couple of weeks. UK businesses need to be aware that the August 2015 quota of 1,747 may also be exceeded. Therefore, causing more vacant positions and businesses left without the required skills they need to fill. According to the Home Office’s [statistics on the allocations of restricted certificates of sponsorship (CoS)](https://www.gov.uk/government/publications/employer-sponsorship-restricted-certificate-allocations/allocations-of-restricted-certificates-of-sponsorship),  394 CoS were carried over to last month totalling 2,040 CoS’ available in July 2015. The number of visa applications submitted by UK Sponsors wanting to hire non-EU skilled workers exceeded this figure. As a result 1,943 CoS were granted but over 200 were refused; now a total of only 97 allocations have been carried over to August 2015. If you are a UK employer and are seeking more information and legal advice on the matter our expert Immigration Solicitors can help. As noted above the figures on the number of CoS’ available are limited and if you want to employ someone immediately now is the time to start the visa application. Furthermore, if you have already made a job offer to a non-EU worker you must take into consideration that there may be a delay in them joining your company in the UK. ## Successful UK Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration: MAC’s Review of Tier 2 – Analysis of Salary Threshold Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-macs-review-of-tier-2-analysis-of-salary-threshold/ *Today, the Migration Advisory Council (MAC) published its [Review of Tier 2: Analysis of Salary Threshold](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452805/Review_of_Tier_2_-_Analysis_of_salary_thresholds.pdf). The review has warned the UK Government to reconsider their plan to raise the minimum salary requirements for Tier 2 skilled migrant workers. It should be noted that this is the MAC's early advice and a wider review will be published in December 2015. * ## UK Home Secretary Commissioned MAC to Review Tier 2 Route Two months ago the MAC [called for evidence](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/437324/Call_for_Evidence_Salary_Thresholds_FINAL.pdf) after the Home Secretary commissioned them to conduct a review of the Tier 2 visa route. The commission has been split into two parts; the first part of the commission was calling for evidence relating to the following: - Increasing the Tier 2 (General) minimum salary threshold of £20,800 and the Tier 2 (ICT) minimum salary thresholds of £24,800 for the short-term category and £41,500 for the long-term category to a level that better aligns with the salaries paid to highly-specialised experts or individuals filling skills shortages skilled to NQF level 6 or higher; - Increasing the Tier 2 minimum salaries per occupation for experienced workers from the 25th percentile to the 50th or 75th percentiles; and - Increasing the Tier 2 minimum salaries per occupation for new entrant workers from the 10th percentile to the 25th or 50th percentiles. In their early advice, the Committee has urged the UK Government to be cautious over any early decision to raise the minimum salary requirements for skilled migrant workers, pending the completion of the MAC’s wider review of the Tier 2 route later this year. In the review the MAC does set out its preference for using occupation-specific salary thresholds, but does not (at least at this stage) make recommendations on minimum salary thresholds for individual roles. However, the committee do conclude that it is reasonable to increase the minimal threshold for Tier 2 General (currently £20,800); as it was calculated back in 2009 when the  skill requirement for migrant workers were much lower than it is now. ## CBI: MAC are Right to Argue Against Raising Salary Thresholds The Deputy Director-General of the Confederation of British Industry, Katja Hall has become one of the first individuals to comment on the MAC's early advice to the UK Government: > "Skilled migrants bring huge benefits to the UK, making sure businesses have access to the specialist expertise they need to succeed, helping the economy to grow. That’s why it’s right that the Migration Advisory Committee is arguing against any hasty decisions and urging caution on raising salary thresholds for skilled migrant workers. It’s also noteworthy that the committee found little evidence to support the misplaced view that skilled migrants undercut the wages of UK resident workers. We hope the Government now heeds the advice of its own experts to ensure the UK remains a great place to invest, do business and create jobs." As mentioned above the MAC's wider review will be published in December 2015 and from there it will be seen if the UK Government do follow their advice. ## Immigration Advice for UK Employers & Tier 2 Applicants Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration Bill 2015: Tougher Measures for “Illegal Workers” Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-bill-2015-tougher-measures-for-illegal-workers/ *The[ UK’s Immigration Minister has today announced a new offence of illegal working](http://www.cityam.com/222999/new-penalties-illegal-employment) which will allow wages to be seized as proceeds of crime. Immigration Minister James Brokenshire has announced that anyone prosecuted for this new offence will face a sentence of up to six months in prison and an unlimited fine in England and Wales.* The UK government have made a series of immigration announcements over the summer of which this is the latest. The Immigration Bill is due to be introduced this autumn and will include a range of new powers to deter people from trying to find work in the UK illegally and measures to deal more effectively with businesses who offer them employment. ## UK Government to “Crack Down” on Abuse It is estimated that the backlog of people in Britain who have overstayed their visas and whose whereabouts are unknown is 300,000, but it is not known how many are working. This has led to the government introducing new powers in the new Immigration Bill which will see illegal workers face imprisonment hoping to deter people from working without status in the UK. [In a statement released on the government’s website, James Brokenshire stated](https://www.gov.uk/government/news/new-action-to-make-britain-a-harder-place-for-illegal-migrants?): > “Anyone who thinks the UK is a soft touch should be in no doubt — if you are here illegally, we will take action to stop you from working, renting a flat, opening a bank account or driving a car.” ## Powers to Close Businesses Suspected of Hiring Illegal Workers UK border officials will also be given powers to temporarily close businesses who employ workers with no immigration status in the UK. Employers may have their licences removed or face prosecution in some circumstances. The immigration bill proposes closing businesses found to be employing illegal migrants, possibly for up to 48 hours, while they prove right to work checks have been conducted on staff. These measures come as ministers seek to toughen curbs on rogue employers in response to the recent migrant crisis in the French port of Calais. ## UK Immigration Legal Advice for Employers & Migrants Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. You can also contact us if you have been issued with a Civil Penalty Notice and feel you have grounds to appeal against it. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case. --- # UK Court: Obtaining Sponsor Licence is a “Privilege” not a Right Source: https://immigrationandvisasolicitors.co.uk/uk-court-obtaining-sponsor-licence-is-a-privilege-not-a-right/ *In May this year, the case of [R (Raj and Knoll Limited) v SSHD [2015] EWHC 1329 (Admin)](http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Admin/2015/1329.html&query=raj+and+knoll&method=boolean) was heard before Justice Caddon-Cave in the High Court of Justice. This case is quite rare as it is one of the first cases to come before the courts in respect of the 'Tier 2' Points-Based System operated by UK Visas & Immigration on behalf of the Home Department. * In these Judicial Review proceedings, Raj & Knoll Ltd (“the Claimant”) challenged the Secretary of State’s (“Defendant”) decision to revoke its Tier 2 Sponsor Licence and to maintain that revocation. ## Facts of Judicial Review Case In this case, the Claimant was a private company which ran 3 nursing homes in Kent and employed 65 people of whom 11 were ‘sponsored’ workers. The Claimant obtained a sponsor licence in 2009 which permitted it to issue Certificates of Sponsorship (“CoS”) to non-EEA migrants so they could work at the nursing homes. However, in September 2013, UK Border Agency (as it was known at the time) carried out a Licence Renewal Visit at the Claimant’s registered address. They discovered that the premises were no longer owned by the Claimant (and the Claimant had not informed the Home Office of this). This led to the unit recommending the suspension/revocation of the Claimant’s sponsor licence. Following a further inspection in March 2014, the Defendant issued the Claimant with a suspension letter citing numerous reasons such as the lack of right to work checks, discovery of an employee who did not have the right to work in the UK and the fact that all the issued CoS contained an address which the Claimant no longer owned. The Defendant gave the Claimant the opportunity to make submissions but in June 2014 revoked the Claimant’s licence altogether. ## Judge Warns Tier 2 Sponsors on Compliance This case makes it clear that there is no need for the Home Office to wait until there has been a breach of immigration control by a Sponsor before suspending or even revoking their sponsor licence. In applying principles derived from case law, Justice Haddon-Cave stated that the essence of the sponsor licence system was that the Secretary of State (i.e. the Home Office) imposes “a high degree of trust” in sponsors and that the authority to grant a CoS is “a privilege which carries great responsibility.” In his concluding paragraph, Justice Caddon-Cave highlighted the importance of the Home Office's guidance for Sponsors and stated: > "there is no substance in any of the Claimant's arguments and its judicial review challenge to the SSHD's decision is dismissed...The SSHD was fully entitled to revoke the Claimant's 'Tier 2' licence as she did. The Claimant's attitude to the Guidance was sloppy and cavalier." Justice Haddon-Cave went further in citing the words of McGowan J in *London St Andrews College v Secretary of State for the Home Department* [(2014) EWHC 4328 (Admin)](http://www.bailii.org/ew/cases/EWHC/Admin/2014/4328.html) [36]): > "It must be understood that the grant of [sponsor] status is a fragile gift, constant vigilance about compliance is a minimum standard required for such sponsors. The burden of playing an active role in the support of immigration control is a heavy one. The SSHD is entitled to review purported compliance with a cynical level of supervision." ## What this means for UK Businesses (Tier 2 Sponsors) The suspension or revocation of a Sponsor’s Licence means that the employer will be banned from recruiting migrant workers in the future. Worst of all the loss of sponsorship due to one employee will have a knock on effect on all existing Tier 2 sponsored employees who will also lose their jobs. All employees sponsored under the revoked Tier 2 licence would be forced to leave the UK unless they can find a new sponsor to employ them almost immediately. A significant aspect of the case referred to was the employer’s failure to demonstrate that immigration authorities had acted unlawfully in suspending its Tier 2 Sponsor Licence. All sponsors with a Tier 2 Sponsor Licence must be aware that in the context of an appeal following revocation there is a legal assumption that they have failed to meet their Tier 2 obligations. This leaves employers who have failed to obtain professional legal advice in danger of losing their employees and licence without remedy. ## UK Immigration Compliance Solicitors for Businesses Our advice for UK businesses/employers (corporate clients) and education providers encompasses the following: - Ongoing compliance with UK immigration laws and sponsorship duties for Tier 2, Tier 4 and Tier 5 Sponsor; - Advice on Prevention of illegal working; - Assistance with Home Office Audits; - Advising on appropriate record keeping and monitoring processes; - Training for businesses and educational institutions, including training on compliance procedures and recruiting international staff and students; and - Keeping you updated with the changes in [UK Immigration Law](https://www.gov.uk/government/collections/immigration-rules). [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers are ready to provide you with effective solutions to your business  immigration needs. Our expert immigration solicitors based in London, provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # UK Home Office to Revise Application Process for Restricted CoS Source: https://immigrationandvisasolicitors.co.uk/uk-home-office-to-revise-application-process-for-restricted-cos/ *This month, the Home Office announced that they will be making some positive changes to the Tier 2 application process. The Home Office explained that they will be maximising the number of places which can be allocated each month within an annual limit of 20,700. As some may be aware, the Home Office have a permanent limit on migration through Tier 2 (General). However, in recent months, the monthly annual limit has been oversubscribed causing applications deserving of Restricted Certificates of Sponsorship (RCoS) to have a high rate of refusal.* ## Application Process for Restricted Certificate of Sponsorship (RCoS) The current system for allocating the RCoS is to award points based on job shortages, a PhD-level occupation and the salary on offer. The idea being that jobs which are in a shortage occupation should receive the highest points increasing their chances of obtaining an RCo and jobs with a lower salary receiving the least points. This means that for jobs under PhD level, a salary of less than £46,000 will cause the restricted certificate application to be refused. Immigration law firms have raised issues with the Home Office in respect of the current table of points. In particular in relation to the salary as currently the point bands in the table are extremely wide with jobs paying £32,000 to £45,000 all scoring 15 points for salary. The Migration Advisory Committee has confirmed that it will consider new measures to increase the number of salary bands in the current points table and a revised table may be revealed this Autumn. This will narrow the salary gaps and appoint fewer points to jobs with a lower salary enabling the Home Office to maintain the high threshold for RCoS. ## UK Government's Consensus & Effect on Migrant Labour The UK government are of the opinion that UK businesses are finding it easier to recruit from overseas, thus preventing British citizens an opportunity to apply for jobs. The government is therefore looking for ways to open jobs to UK citizens and restrict the Tier 2 system even further to sectors which not only have a shortage and require highly specialist experts but will now also have to meet a salary threshold. This will aid the methods already in place by the government to reduce the demand for migrant labour, specifically: creating 2 million more apprenticeships, reforming the welfare system entirely to create a scheme where it pays to work. ## What this means for UK Businesses This change will apply to all businesses. The Government’s main thought process behind this is to restrict work visas to business sectors which have genuine skills shortages and require highly specialist experts. This thought process is in line with Government plans to reduce British business demand for skilled migrant labour and therefore cut net migration. The high rate of refusal has meant that requests for an RCoS with a salary of less than £46,000 were refused in high numbers. This is going to place sponsors in a very difficult position as they will be forced to increase the salary for a restricted Tier 2 (General) role in an attempt to maintain RCoS and will be required to first re-advertise the role for 28 days at the higher salary. ## Immigration Advice for UK Employers & Tier 2 Applicants [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers are ready to provide you with effective solutions to your business  immigration needs. Our expert immigration solicitors based in London, provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # UK Immigration Report: ‘Discriminatory’ Financial Rules Separating Families Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-report-discriminatory-financial-rules-separating-families/ *A recent report commissioned by the Children’s Commissioner for England from Middlesex University and the Joint Council for the Welfare of Immigrants (JCWI), has revealed that at least 15,000 children have been affected by changes to the financial requirements of the Immigration Rules implemented in 2012. The report, 'Family Friendly?' found that the income threshold of £18,600 would not be met by almost half the adult population which would mean many families with children may never be able to meet them. Further, it seems that the Home Office's case workers are failing to consider the best of interests of children and refusal letters are often legally and factually incorrect.* ## Minimum Income Threshold of £18600 In 2012 there were amendments and new additions to the immigration rules in regards to entry clearance applications and family reunions. These new rules introduced new requirements which exclude non EU spouses and children from being reunited with their families in the UK unless their British sponsor meets specific financial requirements. The sponsor of an applicant for an entry clearance must earn annually no less than £18,600. Moreover, an additional £3,800 applies for the first child and an additional £2,400 for each subsequent child. The scope of these rules was dual: firstly to secure the welfare and to make sure that child would be safeguarded and secondly to put a threshold and impose controls on the massive wave of immigration United Kingdom is facing in the recent years up until these days. ## Family Friendly?: The Findings In summary, the report found: - Most of the children (79% in the survey) were British citizens and were suffering from distress and anxiety as a result of separation from a parent; - The income level would not be met by almost half the adult population and many families with children may never be able to meet them; - The threshold is too high and is discriminatory; - British citizens who have lived and worked abroad and formed long-term relationships abroad are particularly penalised and find it very difficult to return to the UK; - The UK's Immigration Rules and accompanying complex guidance do not comply with the duty to safeguard and protect the best interests of all children in the UK; and - Decision-making routinely fails to adequately consider the best interests of children and refusal letters are often legally and factually incorrect. ## Are you affected by the 'Financial Requirement'? Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making relationship based visa application step by step and limit the possibility of failure by complying with the strict letter of law. If you would like to discuss how the financial requirement may affect you, please  [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) today and our London immigration solicitor's will be able to assist you by meeting with you and reviewing your case. --- # UK Immigration Bill: Harsher Penalties & Tier 2 Sponsor Charge Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-bill-harsher-penalties-tier-2-sponsor-charge/ *On 17 September 2015 the UK Government published the latest Immigration Bill which has made further policies to crack down on illegal migration. [The Immigration Bill which is 139 pages long can be viewed here](https://web.archive.org/web/20220524120405/https://publications.parliament.uk/pa/bills/cbill/2015-2016/0074/15074.pdf). Here, we will explore the new provisions and what effects they may have on migrants and UK businesses (Tier 2 Sponsors).* ## Aims of UK Immigration Bill The purpose of the changes is threefold: - To crack down on the exploitation of low-skilled workers, by introducing a harsher penalties for employing illegal migrants, and toughening sanctions for working illegally. Employers can find themselves with a criminal sanction of 5 years this is an increase from the previous two year sanction imposed. Illegal migrants may find themselves sentenced to 51 weeks and/or a fine. - To ensure that people who are living in the UK unlawfully cannot access UK bank accounts and rental accommodation and revoking driving licences where people are found to be in possession of a licence and without lawful leave. - To make removal of illegal migrants easier. ## New Provisions for Immigration Rules - Banks must now carry out immigration checks in relation to current accounts. If the outcome reveals that a bank account has been opened by an illegal migrant; the Home Office is alerted and the account may then be frozen or closed. The regularity of such checks is currently unknown and provision is to be made in the Regulations. - This may come as a blow to those unable to establish their right to remain in the UK, often data held by the Home Office or other bodies has not been updated to reflect the circumstances of a migrant seeking to regularise their stay. - The police now have the power to seize driving licences and vehicles, and to detain if they are investigating illegal migrants. This new sanction which can be termed ‘driving whilst illegal’ can impose a 51 week sentence of imprisonment and/or a fine. ## Requirements for Landlords Renting to "Illegal" Migrants [Recently, Rt Hon Greg Clark (Secretary of State for Communities and Local Government) stated:](https://www.gov.uk/government/news/new-measures-to-crackdown-on-illegal-immigrants-renting-properties) > "Landlords will be required to ensure that the people they rent their properties to are legally entitled to be in the country." Landlords and estate agents in the UK are now prosecuted for this new offence and will [face up to five years in prison and/or a fine](http://www.independent.co.uk/news/uk/politics/landlords-renting-properties-to-illegal-immigrants-to-face-up-to-five-years-in-prison-10433897.html) for non-compliance. This has created stringent responsibilities for landlords and estate agents to ensure they are complying with the UK's Immigration Rules. Those who do not comply may find themselves on ‘a blacklist of “rogue landlords” and letting agents who are repeat offenders and may be banned indefinitely’. This has made it harder for estate agents and landlords to rent to immigrants who live in the UK illegally or who hold precarious status. The numbers speak clearly: nearly 36,000 immigration offenders were removed from the UK in 2014 by the Home Office. Measures in the forthcoming Immigration Bill will force landlords to evict illegal immigrant tenants, by giving them the power to end a tenancy when a person’s leave to remain in the UK ends - in some circumstances without a court order. This leaves immigrants with temporary or precarious status in limbo between their applications. ## Tier 2 Sponsor's May Face Charge Worst of all for Sponsors, the Home Office may now impose a charge on all Sponsors of Tier 2 migrants known as the ‘immigration skills charge’. This area is currently under review by the Migration Advisory Committee (MAC). There is no provision as yet of the exact charge being introduced, one thing is for sure Tier 2 sponsors will soon find themselves paying this extra cost. ## UK Immigration Legal Advice for businesses and landlords Landlords renting to migrants with precarious or illegal status must ensure that they adhere to the stringent checks introduced by the Home Office before letting their properties. If the Home Office has contacted you in relation to carrying out a compliance visit at your business or property, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. You can also contact us if you have been issued with a Civil Penalty Notice and feel you have grounds to appeal against it. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers are ready to provide you with effective solutions to your business  immigration needs. Our expert immigration solicitors based in London, provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. --- # UK Immigration: EEA citizens Maintain ‘Worker’ Status when Pregnant Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-eu-citizens-maintain-worker-status-when-pregnant/ *The recent immigration decision of Upper Tribunal Judge Ward in [SSWP v SSF and others [2015] UKUT 0502](http://www.cpag.org.uk/sites/default/files/SSWP-v-SFF-ADR-v-SSWP-CS-v-LBBarnet-and-Ors-2015-UKUT-0502-AAC.pdf) concluded that EEA citizens may keep their ‘worker’ status for 52 weeks when they are not working due to pregnancy/maternity-related reasons. The case will be important in immigration cases in applications for a right of residence in the UK under the [Immigration ](http://www.legislation.gov.uk/uksi/2006/1003/contents/made)*[*(European Economic Area) Regulations 2006*](http://www.legislation.gov.uk/uksi/2006/1003/contents/made)*. * Judge Ward in this decision reaffirmed and extended the notion of the Court of Justice of the European Union (CJEU) case C-507/12 St Prix v Secretary of State for the Work and Pensions  [2015] 1 CMLR 5. ## The St Prix facts Ms Saint Prix was an EEA (European Economic Area) national employed in the UK she stopped working less than three months before the birth of her child. The physical constraints of pregnancy and the immediate aftermath of childbirth prevented her from continuing with her work. She returned to work three months after giving birth. She did not leave the UK at any point in this period of absence from work. ## The St Prix decision The Court of Justice of the European Union (CJEU) held:* *‘Article 45 TFEU [providing for free movement of EEA citizen workers] must be interpreted as meaning that a woman who gives up work or seeking work, because of the physical constraints of...pregnancy  and the aftermath of childbirth retains the status of ‘worker’, within the meaning of that article, provided she returns to work or finds another job within ‘a reasonable period’ after the birth of her child.’ ## How this affects EEA nationals and their right to permanent residence - When do the St Prix rights apply? The St Prix right as a general rule begins 11 weeks prior to the expected date of birth but this period may differ in unusual circumstances and can therefore be case specific. - Can a St Prixright may be established prospectively as well as retrospectively? This means that an EEA national who takes an unavoidable break from work due to maternity related reasons does not need to demonstrate that she will, or that she did return to work (within ‘the reasonable period’) after giving birth. The primary requirement to be demonstrated by an EEA national is simply an ‘intention to return’ to work. To prevent abuse, this right to retain the 'worker' status can be revoked at a later stage where an EEA national is deemed to have breached the ‘reasonable period’ as per the St Prix case. For example where an EEA national has applied for social welfare demonstrating an intention to return to work but has not returned to work after what was deemed to be the ‘reasonable period’ in her circumstances. - The Reasonable Period The ‘reasonable period’ to qualify under the St Prix* *right is, is ordinarily 52 weeks (1 year). The Home Office argued for half of this period but again this is a period which may differ under unusual circumstances and may be extended further than a year. - Does a woman have to return to work or will a return to ‘job seeking’ suffice A woman who had exercised treaty rights as a ‘job-seeker’ before she became pregnant may use the ‘St Prix right’ during her maternity period before becoming a ‘job-seeker’ once more after her pregnancy (instead of returning to work or finding another job). - How this affects permanent residence applications Judge Ward reaffirmed the St Prix decision that where** ‘**someone is not available for work during their pregnancy or a reasonable time does not mean that they cease to belong to a market of a host Member State’. The thought behind this is that pregnancy must be accommodated in line with the objective to ensure that EEA workers are able to move freely within the EEA and remain in a host member state for employment. The ‘reasonable period’ of 52 weeks is also directly in line with the EEA guidance on permanent rights of residence. The EEA guidance allows for an absence of 12 consecutive months for important reasons; (such as pregnancy and childbirth) when accumulating a continuous period of five years of residence in the UK to allow migrants to obtain a right of permanent residence. ## UK Immigration Advice for EEA rights of residence Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide sponsors and applicants looking to settle in the UK through the complex legal requirements, whether you are  looking to take up employment study or join family and partners that are already UK. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you are a EEA (European Economic Area) national or if you have had a residence application refused, contact us to discuss your case so that we can provide you with a case assessment. --- # Upper Tribunal: Appellants cannot raise Human Rights in EEA Appeals Source: https://immigrationandvisasolicitors.co.uk/upper-tribunal-appellants-cannot-raise-human-rights-in-eea-appeals/ *The president of the Upper Tribunal recently decided in the case of [Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC):](http://www.bailii.org/uk/cases/UKUT/IAC/2015/466.html) that 'where no notice under section 120 of the 2002 Act has been served and where no EEA' (European Economic Area) removal direction has been served...'an appellant cannot bring a Human Rights challenge to removal in an appeal under the EEA Regulations.'* The case concerned four appeals all of which raised the same question relating to the right of appeal under regulation 26 of the Immigration (European Economic Area) Regulations 2006 (“the EEA Regulations”). The question was: can a Human Rights challenge to removal be brought in an appeal where no EEA decision to remove had been made and no notice under [section 120 of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”)](http://www.legislation.gov.uk/ukpga/2002/41/section/120) had been served.  Section 120 essentially provides a route for further reasons to be submitted to the Home Office when a person has made an application to enter or remain in the United Kingdom. Usually the Home Office may request the applicant to state in writing his reasons for wishing to enter or remain in the UK and any reasons why he/she should not be removed. ## Summary of the facts The Appeal concerned four separate appellants all of whom had received a refusal of an application for an EEA residence card as confirmation of a right of residence as a primary carer of a British Citizen children or EEA nationals and their dependents. One of the four cases involved the revocation of EEA residence cards whereby the EEA residence cards confirmed the appellants’ right of residence as the spouse and dependant of an EEA national. The appellants were refused residence documents under their application for ‘retained rights of residence’ as the former spouse and child of an EEA national who had been exercising Treaty Rights in the UK. ## The Home Office refusal letters The refusal letters in the individual cases had the following points in common: - they did not expressly tell the appellants to leave, but did advise they might be subject to removal; and - that the Immigration Rules now set out requirements for those seeking leave to enter or remain on the basis of their private or family life; and - that anyone wishing to rely on family or private life in the UK under Article 8 of the Human Rights Convention must make an application using the relevant form and by payment of the relevant fees. - There was also an express reminder that the application had been assessed solely on the basis of the EEA Regulations in light of the EEA applications submitted. ## Home Office’s case The respondent distinguished the case of JM (Liberia) and submitted that ‘unlike the appellants in JM (Liberia)’; there would be no adverse consequences to the claimants not being able to raise article 8 grounds. Nothing had prevented them from making an application under the Immigration Rules at any stage. That requirement to submit an article 8 application could not be said to be a disproportionate expectation. Paragraph [GEN 1.9 of Appendix FM of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members) was raised to remind the immigration tribunal that the immigration rules did not permit Human Rights claims to be raised in an appeal under the EEA Regulations ## Immigration Tribunal's decision In considering the matter the Upper Tribunal agreed with the Home Office and distinguished Amirteymour from JM (Liberia) on the facts. It is easy to see how the two cases can be distinguished most significantly there were no removal directions in Amirteymour.  It could not be argued without removal directions that Article 8 would be engaged let alone breached. The Home Office and immigration Tribunal were therefore in agreement that human rights must be separated from EEA and other grounds of appeal unless the correct immigration applications have been submitted before the matter reaches appeal. This can be difficult given the extent to which the EEA and human rights issues may interlink. The decision concluded that an application for derived rights of residence has to be viewed as simply that alone and not as an application which also demands a consideration of human rights. This is not to be confused with the Immigration Act 2014, where immigration appeals may bring with them implicit human rights consideration. The Home Office and the immigration tribunal do consider human rights where a visa application involves a child or spouse under the Appendix FM immigration rules. ## How this affects EEA nationals and the right to raise human rights grounds Those with current EEA appeals may, depending on their circumstances need to make a further application based on their human rights. This is both practical for the Home Office and the immigration tribunals as it allows time for appellants to meet the requirements of the Immigration Health Surcharge whilst at the same time allowing time for the Home Office to process and review the applications. At the same time it prevents the immigration tribunals from being bombarded with last minute evidence and late completion of directions on the grounds of article 8. The Home Office position on this case can now afford the jurisdiction more time and prevents a rushed review of important applications brought before the Tribunal and is in line with the recent case of *[R (On the Application Of Akram & Anor) v Secretary of State for the Home Department [2015] EWHC 1359 (Admin))](http://www.bailii.org/ew/cases/EWHC/Admin/2015/1359.html)*where the Court [‘demonstrated its intention to take a proactive approach to…cases in order to enforce standards and to ensure that the time of the Court (not to say public and private funding of such litigation) is not wasted’ and therefore cases are dealt with efficiently in the long term. ](https://web.archive.org/web/20190212124722/https://immigrationandvisasolicitors.co.uk/choosing-the-best-immigration-solicitors-for-uk-visa-applications/) It is important that parties continue to work together to produce a more efficient jurisdiction and the immigration tribunal and Home Office have demonstrated this in their agreement in respect of this case. ## Making the correct immigration and/or EEA application from the outset Choosing the right law firm from the beginning can ensure the correct applications are made from the outset this will not only allow for an easy mind in preparing for an application, but will also mean that in the long run sponsors and businesses will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # Court of Appeal: No Judicial Review or In Country Right of Appeal for Appellants Source: https://immigrationandvisasolicitors.co.uk/court-of-appeal-no-judicial-review-or-in-country-right-of-appeal-for-appellants/ *In July 2015 Justice Beatson heard the case of R (On the Applications of Mehmood & Ali) v Secretary of State for the Home Department [[2015] EWCA Civ 744](http://www.bailii.org/ew/cases/EWCA/Civ/2015/744.html) and reviewed the Home Office invalidation of appellants’ leave by ‘giving **them notice pursuant to section 10 of the Immigration and Asylum Act 1999’ and notice to remove them.* The two Appellants in the said case had their applications for variation of leave refused under [Section 10(8) of the 1999 Act](http://www.legislation.gov.uk/ukpga/1999/33/section/10). Section 10(8) of the 1999 Act is a notice of a decision to remove. The effect of section 10(8) is to invalidate any leave to enter or remain previously granted to a migrant. ## The facts of Mehmood & Ali Mr. Mehmood’s leave was curtailed by the Home Office as his sponsoring college had their licence revoked.  Mr. Mehmood attempted to regularise his stay by applying for further extensions of his leave. During the time that Mr. Mehmood awaited a decision from the Home Office he was accused of working illegally and therefore found in breach of his grant of leave. Mr. Mehmood also had a human rights claim outstanding but this was refused and certified as clearly unfounded by the Home Office. Mr Ali was said to have fraudulently obtained an English Language Test from the English language test centre known as ‘Educational Testing Service Limited’ (ETS). This led to the Home Office revoking Mr. Ali’s leave due to fraudulent conduct on his behalf. Mr. Ali disputed this allegation and claimed that there was no specific evidence demonstrating that he had used deception to obtain the English language certificate. ## Decision Where the Home Office have served a person with notice pursuant to section 10 of the Immigration and Asylum Act 1999 and notice to remove them; the effect of section 10(8) will be to invalidate any leave to enter or remain previously granted to a migrant. In other words Justice Beatson held that if such a person is accused of having exercised deception to obtain leave for example; by cheating on an English language test or where a person is found to be in breach of their conditions of leave by the Home Office then they cannot be entitled to an in country right of appeal. The decision went as far as to include that Appellants will not be entitled to make a judicial review application against such an immigration decision from within the UK unless there are unusual circumstances to warrant such an application. ## A closer look at the English Language Tests obtained by deception The Home Office has received significant evidence sometimes in the form of [reports from English language tests administered by the Education Testing Service (ETS) which uncovered an organised scheme in which students fraudulently obtained their ETS English Language certificate.](http://www.bbc.co.uk/news/uk-26024375) Evidence in report form is being produced in immigration tribunals after individual investigations conducted via each test centre revealed fraud was used to obtain high test scores. The individual reports disclose a number of different fraudulent tactics, not only are there proxy test takers, but there are also invigilators who repeatedly dictate answers to an individual or in some cases to an entire room until a candidate is satisfied that they will achieve a high test score as required by an employer or sponsor. In other centres the individual applicant has been known to attend a specific test centre for their biometric information to be taken without ever entering the testing rooms; where proxy takers have previously completed their tests on their behalf in some cases months before they were scheduled to be completed by applicants. Due to the considerable corruption revealed law firms and their clients are concerned that genuine students who have actually passed the English tests have also fallen into the same category as those who have clearly cheated. This is because of the extensive corruption which has manifested itself in not only the marking but also recording of individual exams across the test centres. This leaves a genuine student with a mark on their immigration record as having used fraudulent means to obtain leave in the past. This then affects any further applications they make in the future whether this is entry clearance, leave to remain under the Points Based System or even human rights applications made years after an English certificate has been submitted to the Home Office. Individuals who have made applications and are relying on one of these tests should seek professional legal advice immediately. ## Immigration Advice for UK Employers & Applicants Choosing the right law firm from the beginning can ensure the correct applications are made from the outset this will not only allow for an easy mind in preparing for an application, but will also mean that in the long run sponsors and businesses will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # ITV News: Our lawyer, Talitha Toor discusses UK Immigration Rules Source: https://immigrationandvisasolicitors.co.uk/itv-news-our-very-own-talitha-toor-discusses-the-immigration-rules/ *The [Immigration Bill 2015](https://web.archive.org/web/20210724185449/https://publications.parliament.uk/pa/bills/cbill/2015-2016/0074/cbill_2015-20160074_en_1.htm), published on 17th September reaffirmed the conservative plans to introduce the manifesto of 'Deport first, Appeal later'. In connection with this manifesto Ronke Phillips of ITV NEWS met with Talitha Toor of LEXLAW’s Immigration Team last week to discuss the immigration threshold for migrants with compassionate circumstances such as those facing the widespread Ebola outbreak.* The [ITV News interview concerned ‘One of Sierra Leone's best sprinters’; Jimmy Thoronka who ‘went missing after competing in the Commonwealth](https://web.archive.org/web/20200926091329/https://www.itv.com/news/london/2015-10-02/sierra-leone-sprinter-jimmy-thoronka-loses-bid-to-stay-in-london) Games in Glasgow last year when Ebola swept' through Sierra Leone. Mr. Thoronka was arrested in March 2015 by immigration officers as a migrant who had overstayed his visa. He made an application for leave to remain in the UK after being offered 'a sporting scholarship from a London university. Despite widespread support, including a petition with more than 25,000 signatures, his application was refused without an in country right of appeal.’ Mr. Thoronka was informed by the Home Office that his application had been refused and certified as clearly unfounded. This means Mr. Thoronka will have to exercise his appeal right from outside the UK. ## UK Home Office & the Conservative manifesto: ‘Deport first, Appeal later’ Mr. Thoronka’s immigration decision is in line with the* Conservative government plans to introduce in their manifesto a ‘deport first appeal later’ rule. **The ‘deport first, appeal later’ rule has been established by the Immigration Act 2014 which introduced Section 94B into the Nationality, Immigration and Asylum Act 2002.  * [Section 94B of the Nationality, Immigration and Asylum Act 2002](http://www.legislation.gov.uk/ukpga/2002/41/section/94) has enabled the Home Office to certify cases concerning foreign criminals. This means that where a foreign national has committed a crime in the UK and has been served with a deportation decision under Section 94B; he or she will not be entitled to bring an in country appeal against their deportation decision. The government is now looking to extend this certification under Section 94B across the board to almost all migrants including cases such as Mr. Thoronka’s. [The new Immigration Bill of 2015/2016 has made removal of migrants without valid leave in the UK easier](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/461703/Appeals.pdf) by making a person whose human rights claim has been refused, appeal their decision from outside the UK. This is also known as the Home Office power to ‘certify’ a migrant’s human rights claim; as it prevents a migrant from appealing their removal and/or deportation decision in the UK. ## Reduction in Appeal Rights [The Immigration Act 2014 not only created the power to allow those subject to deportation](http://www.legislation.gov.uk/ukpga/2014/22/contents/enacted); ‘primarily foreign criminals, to be deported first and forced to appeal after their removal…from outside the UK’ but it also drastically ‘reduced the number of rights of appeal against immigration decisions from 17 to 4’. The Home Office is now planning to introduce this *‘deport first appeal later’ *threshold to all migrants. The only exception to such a rule being where a migrant may be faced with what has been termed ‘serious irreversible harm or a breach of human rights’ if they were to be deported without an in country right of appeal. Under this threshold the Home Office may propose that a person will only be able to appeal from within the UK under the following circumstances: - ‘where an asylum claim has been refused’ (provided it has not been certified); - ‘where a human rights claim has been refused’ (provided it has not been certified) and; - ‘where there is a real risk of serious irreversible harm or other breach of human rights if the person is removed before the appeal.’ If the above criteria does apply to a migrant then the person cannot be removed from the UK before their appeal has been determined. ## The Serious Irreversible Harm Test The threshold has not been defined and is case specific but there is Home Office guidance which sheds light on the exceptions to the rule. [The guidance can be found here](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/635609/Certification-under-section-94B-v8.pdf) and in particular highlights the following examples of when the test might be met by a migrant: - the person has a genuine and subsisting parental relationship with a child who is seriously ill, requires full-time care, and there is no one else who can provide that care; - the person has a genuine and subsisting long-term relationship with a partner who is seriously ill and requires full-time care because they are unable to care for themselves, and there is no one else, including medical professionals, who can provide that care. ## What this will mean for Appellants whose cases have been certified There remain a number of unanswered questions for what is essentially an impossible threshold set by the government. There are yet to be provisions for the facilitation of an out of country appeal. The facilities which may be used from abroad in an out of country appeal will have to be funded by the appellants. This will include the video link, the use of a room at the British High Commission, security personnel, technological personnel. It seems the answer to such questions is either an appellant will be one whom upon return will have no difficulty funding such Court facilities or they will simply not have the right to exercise a right of appeal. This may be due to a number of reasons out of an Appellant’s control. The are currently no provisions in respect of the consequence of an out of country appeal being allowed. This leaves migrants subject to this 'deport first appeal later' rule in a state of limbo. These are just a few questions which may arise in respect of facilitating a hearing, there are many more that remain unanswered where an appeal has been certified under S.94B. ## Our team of experienced and professionally qualified immigration solicitors and barristers Our Solicitor; Talitha Toor explained in the interview with ITV News that 'things are quite tough with immigration...it’s hard for certain applications to meet certain thresholds and criteria its something that is quite difficult at the moment'. A lack of knowledge demonstrated by some applicants and law firms means immigration applications are often made in an incorrect way or with incorrect documents at the initial stage. These may then be immediately rejected by the Home Office and (unlike a refused application which can carry a right of appeal) deemed invalid. This could leave an applicant in muddy waters as they may well find themselves in detention facing imminent removal and if not in detention they may be deemed an overstayer unless corrective action is taken. Choosing the right law firm from the beginning will not only allow for an easy mind in preparing for an application, but will also mean that in the long run applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # Tier 4 students deprived of Tier 2 & Tier 5 Visas Source: https://immigrationandvisasolicitors.co.uk/tier-4-students-deprived-of-tier-2-tier-5-visas/ *The Home Office plans to introduce immigration rules to prevent Tier 4 students from switching to Tier 2 or Tier 5 visas after graduating.  The new changes may mean migrants who wish to extend their leave to remain in the UK after graduating will have to return to their countries and make entry clearance applications for Tier 2 or Tier 5 visas. **The new changes once implemented will affect all migrants studying in the UK on Tier 4 Visas. Further changes will ensure that migrants cannot study and work at the same time.* ## The decline in Tier 4 Student Applications The UK currently hosts a large number of international students at some of its’ best Universities. For the year 2013-2014 [‘University College London hosted the largest number of international (EU and non-EU) students in the UK with a total of 11,850.’ ](http://www.ukcisa.org.uk/Info-for-universities-colleges--schools/Policy-research--statistics/Research--statistics/International-students-in-UK-HE/.) Sources of regularly published data on [international students in the UK reported the following](http://www.ukcisa.org.uk/Info-for-universities-colleges--schools/Policy-research--statistics/Research--statistics/International-student-statistics/): - 'The International School Council's annual census in 2014; [there were 24,391 non-British students in UK independent schools](https://www.gov.uk/government/collections/migration-statistics) living in the UK without their parents and an additional 11,329 with parents in the UK'. - 'A BIS report (April 2013) estimated the numbers of [Tier 4 students in public sector further education ](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/182049/13-767-evaluation-of-value-of-tier-4-international-students-to-fe-colleges-and-uk-economy.pdf)at about 10,000 - although if student visitor Visas and EEA students are included, the total number of migrant students can be assumed to be much higher'. - 'Another BIS report (July 2013) on [privately funded higher education providers in the UK ](https://www.gov.uk/government/publications/privately-funded-providers-of-higher-education-in-the-uk)estimates that approximately half of the 160,000 students in the sector were migrants from outside the UK, 10% from the EU (16,000) and 41% from outside the EU (66,000)'. - 'English UK's report on the [value of the sector to local economies ](http://www.englishuk.com/en/about-us/news-press/facts-figures) reports that English UK members reported 2.5 million 'student weeks' of activity in 2011 (as English language students come for hugely varying stays, the sector measures these by the number of student weeks, rather than numbers of students)'. The figures above show an extremely large figure for the number of students studying in the UK. It is alarming therefore that Home Office figures for June 2015 in respect of student related grants of leave show a rapid decline in numbers with a 27% decrease in the number of Applications by migrant students. That is a drop of over 26,000 student applications by migrants. ## The effect of the decline on the UK economy Currently the Home Office [‘Tier 2 Shortage Occupation List for 2015’](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list#table-1---united-kingdom-shortage-occupation-list) lists over 30 different vocations. This includes occupations such as engineers, physical scientists and medical practitioners. The smaller the pool of migrant students the larger the skills gap will be in the UK. This will create a decline in industry specific economic growth for companies due to the much smaller of pool of talented migrant graduates. The decrease in the number of Applications by migrant students will therefore directly affect the UK economy in a negative way. One economic area that is faced with a rapidly widening expertise shortage is that of the Animation and Games business. This area is growing in terms of the availability of educational courses for specific knowledge in technical and practical skills to provide graduates with the tools to create businesses of their own in gaming and animation.  It is easy to see the negative effect for such businesses and the industry itself where there is a large expertise shortage for such courses. There is further negativity for such an industry as employers will be forced to increase salary bands just to attract the talented migrants needed. This will leave UK graduates with lesser experience having to compete with candidates who are experts in their fields due to the increased salary band.  UK graduates are then likely to look abroad for jobs. Migrant graduates will also find it easier to travel to their home nation instead of switching to Tier 2 or Tier 5 Visas to work in the UK. This will lead to a huge loss of numbers in workers. Employers who are then left without workers will find it difficult to develop and grow. ## The future and Migrant Students A comparison of the UK immigration rules with Australia, Germany or Canada who allow migrant students with a period of time to seek and obtain full time work after graduating; provides a forecast of which countries will have the fastest growth in economics as a result of talented migration.  The UK Government will be forced to look elsewhere when thinking about economic growth as a result of the loss of migrant workers. Visa applications for all levels of the UK education structure will see a decline in the number of applications by migrants. This will lead to a number of difficulties not only in terms of the education sector but also as a result of the domino effect on the rest of the UK economy. ## Immigration Advice for UK Sponsors, Tier 2, Tier 4 and Tier 5 Applicants [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # UK Immigration Bill: Severe Civil Penalties Proposed Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-bill-severe-civil-penalties-proposed/ *Last week, a second evaluation of the Immigration Bill took place in the House of Commons. [As we previously reported](https://immigrationandvisasolicitors.co.uk/itv-news-our-very-own-talitha-toor-discusses-the-immigration-rules/) the [Immigration Bill 2015](https://web.archive.org/web/20210724185449/https://publications.parliament.uk/pa/bills/cbill/2015-2016/0074/cbill_2015-20160074_en_1.htm), published on 17th September 2015 is directly in line with the conservative plans to introduce the manifesto of ‘Deport first, Appeal later’. **Things are getting tough as the UK Government published the latest Immigration Bill which has made further policies to crack down on illegal migration. This crackdown on migration can also be seen in* [the Immigration Act 2014 which not only created the power to allow those subject to deportation](http://www.legislation.gov.uk/ukpga/2014/22/contents/enacted); ‘primarily foreign criminals, to be deported first and forced to appeal after their removal…from outside the UK’ but it also drastically ‘reduced the number of rights of appeal against immigration decisions from 17 to 4’. ## Aims of UK Immigration Bill The purpose of the changes by the new Immigration Bill were threefold: - To crack down on the exploitation of low-skilled workers, by introducing a harsher penalties for employing illegal migrants, and toughening sanctions for working illegally. Employers can find themselves with a criminal sanction of 5 years this is an increase from the previous two year sanction imposed. Illegal migrants may find themselves sentenced to 51 weeks and/or a fine; - To ensure that people who are living in the UK unlawfully cannot access UK bank accounts and rental accommodation and revoking driving licences where people are found to be in possession of a licence and without lawful leave; and - To make removal of illegal migrants easier. ## Proposals: Part 6 of UK Immigration Bill Part 6 introduces very positive form of security where the UK lacked protection, under Part 6 and Schedules 7 and 8 there are a number of rules which prevent blacklisted persons from gaining entry into the UK. This prevents those with for example a criminal background also known as 'blacklisted' persons from gaining entry into the UK. To help reinforce this there are now civil penalties for those in charge of aircraft or those working at the airport to ensure that migrants are travelling through certain control zones. The only exception to denying entry to a blacklisted person is where there may be a breach of Human Rights. This allows UK Immigration Rules to continue to comply with European Rules and the Refugee Convention. However it still ensures that criminals in particular those who present a threat to security to be turned away at the borders or removed from the UK.  Part 6 of the Immigration Bill Schedules 2 7 and 8 has created these new provisions under section 8B of the Immigration Act 1971. Section 37(8) of the Immigration Bill therefore amends Section 8B of [1A of the Immigration Act 1971](http://www.legislation.gov.uk/ukpga/1971/77).  The exception in place under Section 8B of Immigration Act 1971 does mean that immigration Tribunals will first have to consider a black listed individual’s human rights against the public’s interest. The argument in such cases placed forth by such individual's will be that Articles 3, 8 and asylum claims must first be considered in line with the[ serious irreversible harm exceptions](https://immigrationandvisasolicitors.co.uk/itv-news-our-very-own-talitha-toor-discusses-the-immigration-rules/). ## The Civil Penalties under Part 6 of the Immigration Bill Schedule 7 paragraph 28 of the Immigration Bill introduces a provision for the Home Office to issue a code of practice to be adhered to by the individuals whose offences fall under this category.If an individual is guilty of such offences the Home Office will serve a Section 28B notice and this is viewed the equivalent of a Court Order. A person given such a Court Order will be given the opportunity to respond and if they do respond in the appropriate form of a written response they will become entitled to a Right of Appeal against the Court Order. The introduction of these Civil penalties will be to help enforce the security measures being introduced. Schedule 8 of the immigration Bill comes in two parts, the first part amends the offences in the Immigration Act 1971. The second part gives Immigration Officers powers granted only to the Navy.This includes diverting and detaining any ship if they have reasonable grounds to believe it is facilitating a breach of immigration law; searching a ship for evidence of immigration offences, weapons, and nationality documents. They will have the power to keep evidence; to arrest anyone on the ship without a warrant where immigration officer believes they are guilty of an immigration offence. An officer has the power to use force (within reason) to complete such investigations. This is part of the scheme to identify and arrest people smugglers facilitating illegal entry to migrants and risking their lives in the process. This will be of crucial importance in plans to eliminate people trafficking businesses, of course for as long as there are migrants desperate to cross the border into the UK there will be smugglers turning this into a business opportunity. The European Court of Human Rights is to consider these new immigration provisions in respect of whether arrest and removal of migrants on ship could be said to result in a breach of Article 13 of the ECHR. In conclusion the new provisions look to: - prevent blacklisted individuals gaining entry into the UK; - enforce this by imposing Civil Penalties; - provide Immigration Officers with the power of boarding searching and detaining those on board boats without requisite immigration documents. ## Our team of experienced and professionally qualified immigration solicitors and barristers [Our Solicitor; Talitha Toor explained recently in an interview with ITV News](https://immigrationandvisasolicitors.co.uk/itv-news-our-very-own-talitha-toor-discusses-the-immigration-rules/) that ‘things are quite tough with immigration…it’s hard for certain applications to meet certain thresholds and criteria its something that is quite difficult at the moment’. A lack of knowledge demonstrated by some applicants and law firms means immigration applications are often made in an incorrect way or with incorrect documents at the initial stage. These may then be immediately rejected by the Home Office and (unlike a refused application which can carry a right of appeal) deemed invalid. This could leave an applicant in muddy waters as they may well find themselves in detention facing imminent removal and if not in detention they may be deemed an overstayer unless corrective action is taken. Choosing the right law firm from the beginning will not only allow for an easy mind in preparing for an application, but will also mean that in the long run applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # British Citizenship by Descent: Importance of Documentary Evidence Source: https://immigrationandvisasolicitors.co.uk/british-citizenship-by-descent-the-importance-of-documentary-evidence/ *Where a person is born outside of the UK to a British citizen parent then that person can acquire British Citizenship. This is known as British Citizenship by Descent. Often such a person will not be registered as British or even known to the UK Immigration authorities or British consular authorities abroad. Such a person would have to prove on a balance of probability that they are in fact entitled to British Citizenship as by law they will have acquired citizenship at birth. Recently the High Court decided the Case of [R(Bondada) v Secretary of State for the Home Department [2015] EWHC 2661 (Admin)](http://www.bailii.org/ew/cases/EWHC/Admin/2015/2661.html). This case is significant as it considered the difficulties that may be faced by an applicant who has acquired British citizenship by descent and is looking to obtain a UK passport.* ## Facts of Case The Bondada case concerned a woman who had acquired British Citizenship by descent from her British national father and sought to acquire a UK passport. It was of course for the immigration authorities to consider whether documentation produced in her application satisfied the requirements of the immigration rules. The British authorities processing Ms Bondada’s matter considered her application and the documentation she had submitted against the Home Office criteria of documentary evidence required for an applicant to establish they are entitled to British Citizenship by descent. The Home Office refused Ms Bondada's application. The reasons included a refusal to accept privately commissioned DNA evidence which had not been sought by the British authorities. Ms Bondada was unable to comply with the list of documentation that had been set as necessary. This was because some of her documentation proving her identity had been long lost in the 1960s. Ms Bondada had siblings with whom she shared her biological mother and biological British father. DNA evidence from her father was unavailable as unfortunately he had passed away by the time of her application. There was some evidence to demonstrate that her father had traveled to India where Ms Bondada was conceived and born. Ms Bondada had previously visited the UK with her mother and had been named in her mother’s passport.  At that stage, the immigration authorities accepted that Ms Bondada and her mother where the Spouse and daughter of a British national. ## High Court's Decision On a balance of probability the Court decided that Ms Bondada was in fact related to her British national father as she claimed. The immigration authorities had however refused her application on the basis that the lack of documentary evidence provided meant the applicant had not demonstrated that her father was a British national. More specifically the refusal was on the basis that it was possible that her mother had in fact had another partner besides her British national father. The Court rejected this notion and made the following important conclusions: - Where someone is a British citizenship by descent and seeks a UK passport this is not something that is granted but rather it is recognised as a position existing in law. - There is no one list of documents which must be produced to prove citizenship but rather in each case documents required will vary depending on the facts pertaining to each individual’s matter. - DNA evidence is of importance and can be produced and should be considered by UK immigration authorities regardless of policy on this matter. - A failure by an applicant to produce answers to questions of immigration authorities may not be determinative of their matter. - Discrepancies found in documents may not be determinative of an individual’s matter. - If an application is rejected then applicants can apply to the High Court as in the above case for a declaration that they are a British citizen. ## UK Immigration Legal Advice for Naturalisation and British Citizenship Choosing the right law firm from the beginning can ensure the correct applications are made from the outset this will not only allow for an easy mind in preparing for an application, but will also mean that in the long run applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. The Bondada case is the perfect example of the importance of legal advice when applying for British citizenship. Many make the mistake of providing insufficient documentation and thus fail to evidence their recognised entitlement to a UK passport. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # Judicial Review Deadlines in the Upper Tribunal Source: https://immigrationandvisasolicitors.co.uk/judicial-review-deadlines-in-the-upper-tribunal/ *The UK Government has introduced a new Judicial Review policy for the immediate strike out of Judicial Review applications where applicants fail to meet time limits set for Judicial Review applications. There is no change in immigration law however and this new time limit provision has been introduced only on the Judicial Review application forms under judicial policy.   * ## Judicial Review Deadlines The new time limits mean applicants must fully understand the Judicial Review process and ensure they obtain legal advice as there are always procedural rules and costs consequences to bear with these applications. In addition to the time limits set for Judicial Review applications; where more than one application is being made at the same time (and thus in bulk) these must be lodged before 1pm or they will be rejected as out of time. These new judicial policy changes can cause difficulty for detained applicants unable to obtain legal advice with imminent removal directions pending. This new hurdle for applicants which will present itself in the Upper Tribunal means applicants must be clearly guided and knowledgeable in such proceedings or risk bearing the costly consequences. ## Successful Judicial Review Applications There is often a misconception by businesses, entrepreneurs and  applicants alike that law firms without specialisation in immigration law will be in a position to handle the complexities that follow the immigration process. Immigration tribunals are flooded with Applicants who are left vulnerable by what is now a shockingly familiar and depressing pattern in which legal representatives demonstrate a remarkable lack of knowledge and complete disregard for the substantive and procedural rules governing immigration law. A lack of knowledge demonstrated by some law firms means Judicial Review applications are often made in an incorrect way or with incorrect documents at the initial stage. These may then be immediately rejected by the Home Office and (unlike a refused application which can carry a right of appeal) deemed invalid. This could leave an applicant in muddy waters as they may well find themselves in detention facing imminent removal and if not in detention they may be deemed an overstayer unless corrective action is taken. This can cause unnecessary delay for applicants who do not have the benefit of specialised and professional legal advice. Choosing the right law firm from the beginning will not only allow for an easy mind in preparing for an application, but will also mean that in the long run applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. ## Our team of experienced and professionally qualified immigration solicitors and barristers [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Judicial Review application by providing you with advice from our leading team of barristers before your matter even reaches the Immigration Tribunal. If require UK immigration advice regarding Judicial Review you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # Upper Tribunal Clarifies EEA Zambrano Principle Source: https://immigrationandvisasolicitors.co.uk/upper-tribunal-clarifies-the-eea-zambrano-principle/ *The Upper Tribunal recently revisited the EEA (European Economic Area) Zambrano principle in the case of [Ayinde and Thinjom (Carers – Reg.15A – Zambrano) [2015] UKUT 560 (IAC)](http://www.bailii.org/uk/cases/UKUT/IAC/2015/560.html). The Appellants in this case claimed they were carers for British citizens and should benefit from the principle in 'Zambrano' which enables non-EEA nationals who are the carers of 'British citizens the right to reside and work in the UK, as without their support and earnings it must be assumed that the British citizen would have to leave' the EEA with their carers' .* ## Facts of Case The case involved two appellants, a Nigerian national who made two applications for leave to remain as the carer of his British national mother and the second appellant; a Thai national who applied for a derivative residence card as the primary carer of her husband. It was submitted on behalf of the appellants that EEA Citizenship is more than ‘right of residence' and where a ' *serious impairment'* of an EEA citizen's quality of life, results from a *non-EEA national* carer having to leave the EEA, this could the compel an EEA citizen to follow. Further that the *Zambrano* threshold is not whether it would be *impossible* for an EEA citizen to remain in the United Kingdom (because the EEA citizen enjoys a right of residence) but rather that without the assistance of their primary carer on whom they are dependent, the EEA citizen's right of residence would be seriously impaired due to their dependence on their *non-EEA national* carer. It was also submitted that the '*genuine*' enjoyment of the right of residence must be a practical right of enjoyment and not a theoretical one. If the genuine enjoyment of the right of residence means the carer has to remain, then in light of *Zambrano, *the carer is entitled to a derivative residence card. The Home Office disputed this and argued that there was a ‘fundamental flaw in the appellants' case. Further that this was ‘obvious from the case-law of the Court of Justice and domestic courts which make it clear beyond doubt that the *Zambrano *principle only applies when an EEA citizen will…be forced to leave the Union’. It was argued that the EEA Zambrano principle should not  apply unless an EEA citizen is forced to leave the UK even if the quality of life of the EEA citizen would be impaired as a result of the *non-EEA national* carer's departure. The Home Office argued that this was not the case and that there was no evidence before the First-tier Immigration Tribunal to ‘justify a finding that a British citizen would be forced to leave the EEA as the result of the refusal to grant a residence card’. The Home Office referred the Court to the expression used in reg. 15A (4A) which reads that a person must be ' *unable* ' to reside in the United Kingdom and thus can only apply where an EEA citizen would be '*forced'* to leave Union. ## Decision The Immigration Tribunal considered the EEA Zambrano principle and made the following important conclusions: (i) The deprivation of the enjoyment of the rights attached to an EEA citizen's residence as in Zambrano [[2011] EUECJ C-34/09](http://www.bailii.org/eu/cases/EUECJ/2011/C3409.html) is limited to safeguarding a British citizen's EEA rights as in Article 20. (ii) The provisions of reg. 15A of the Immigration EEA Regulations 2006 as amended apply when the of removal of the carer of a British citizen renders the British citizen unable to reside in the United Kingdom or in the EEA. This requires the carer to establish that the British citizen will be forced to leave the EEA. (iii) The requirement is not met by an assumption that the citizen will leave and is not a consideration of whether it would be reasonable for the carer to leave the UK. A comparison of the British citizen's standard of living or care if the appellant remains or departs is material only in the context of whether the British citizen will leave the UK. (iv) The Immigration Tribunal is required to examine whether a British citizen will leave the Union if the benefits he receives in the UK are unlikely to be matched in the country he will be forced to settle. ## Expert Immigration Lawyers Choosing the right law firm from the beginning can ensure the correct applications are made from the outset this will not only allow for an easy mind in preparing for an application, but will also mean that in the long run sponsors and businesses will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # UK Case Study: Successful Indefinite Leave to Remain Appeal Source: https://immigrationandvisasolicitors.co.uk/uk-case-study-successful-indefinite-leave-to-remain-appeal/ *Our expert immigration lawyers were recently instructed to represent a client ("the Appellant"), who wished to appeal against the Home Office's decision to refuse his application for Indefinite Leave to Remain in the UK under paragraph 276A of the Immigration Rules. The Appellant is a national of a non-EEA country and had been residing in the UK with over 10 years of lawful leave to remain. After receiving the Appellant's instructions in an initial consultation with our expert immigration lawyer, we were instructed to appeal to the First-tier Tribunal against the Home Office's decision to refuse the Appellant Indefinite Leave to Remain.* During our retainer, our immigration team worked closely with Counsel to ensure that the Appellant's case was prepared to the highest standards. Last week, in a determination from an immigration Judge at the First-tier Tribunal, we received news that the Appellant's appeal was allowed on human rights grounds (Article 8 of the European Convention on Human Rights) outside the Immigration Rules. The Appellant now hopes to continue to reside in the UK where he has established a successful business. ## Home Office: Reasons for Refusal The Appellant had lived in the UK since early 2000 during which time he had studied in the UK and established his own business venture and a large social network of friends. There were times during his long residence that he had left the UK due to personal circumstances. There were therefore gaps in his long residence when he had been absent from the UK (for 540 days) The Home Office reviewed the Appellant’s case in line with their rules and guidance. The First-tier Tribunal found that the Home Office should have exercised their discretion to grant the Appellant Indefinite Leave to Remain, given the gaps in his long residence were due to matters out of his control. The Home Office reviewed the Appellant’s case and considered the following: - his age; - his strength and connections he has to the UK; - his personal history including character and employment record; - his domestic circumstances; - his compassionate circumstances and representations submitted on behalf of the appellant. ## First-tier Tribunal: Determination The immigration judge in the First-tier Tribunal considered the above factors and by considering the matter fairly decided that the Appellant would be an asset to the country. The immigration judge was persuaded by submissions from Counsel and exercised his discretion to find that the Appellant's case should have been considered outside the rules. Taking into consideration the relevant case law, the learned Judge allowed the Appellant's appeal. ## UK Expert Immigration Appeal Solicitors If you have had a visa application refused and you have been given the right to appeal, contact our expert immigration team for legal advice. Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through your appeal process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # MAC Review UK Tier 1 Entrepreneur Applicant Route Source: https://immigrationandvisasolicitors.co.uk/mac-tier-1-entrepreneur-visa-application-uk/ *Recently The Migration Advisory Committee (MAC), a UK Government Public Body reviewed the Tier 1 Entrepreneur route and proposed a more selective approach to improve the quality of  incoming entrepreneurs to the UK under the points based immigration system. MAC has published their recommendations for reforming the Tier 1 entrepreneur’s route, which we summarise and analyse below.* ## UK Review Proposals for Tier 1 Entrepreneurs The UK Government commissioned MAC to consider: - Whether the criteria of having ‘access to funds’ is as significant a factor in demonstrating entrepreneurial ability in comparison to other criteria such as demonstrating  experience of  entrepreneurial activity and/or the viability of a business. - the current immigration points based assessments carried out by the Home Office and considering whether expert investors and venture capitalists should play a role. ## Recommendations for Tier 1 Entrepreneur route Following their consideration of the Tier 1 Entrepreneur route MAC have made the following recommendations: - The Home Office to work with Businesses to allow for third party endorsement in the selection process of Tier 1 Entrepreneur Applicants. - The Government’s official immigration advisers to set up a system whereby the Home Office analyses a Tier 1 entrepreneur’s application by setting up a panel of business experts. The idea behind this is that there will be venture capitalists who can invest into applications under the Tier 1 route and aid Applicants to meet the points based immigration system. - The entrepreneur visa routes should aim to attract entrepreneurs with innovative business proposals to aid spirit of the Tier 1 entrepreneur category which is to promote investment in the UK economy and to boost the UK economy. - The UK Government to create a distinct visa route solely for talented Tier 1 entrepreneurs planning to invest in businesses in the UK. ## What this means for Tier 1 Visa Applications The proposals by MAC are encouraging and should be reviewed in line with the current positive impact of Tier 1 entrepreneur applications on the UK economy. The proposal to create a supportive panel of experts is in complete harmony to the spirit of the Tier 1 entrepreneur category which is to promote investment in the UK economy and to boost the UK economy. It creates a third party source for employers and employees alike and removes barriers for the many talented Tier 1 entrepreneurs and start-up businesses. ## Successful UK Business Visa Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers welcome the MAC recommendations and are pleased to the see direction and scope of MAC's recommendations to the Home Office. It is particularly pleasing to see that the Home Office is considering the benefits of a third party investor as this will aid many start up businesses and entrepreneurs to grow in the UK.  We are regularly instructed by Tier 1 entrepreneurs and undertake [a detailed review for ](https://immigrationandvisasolicitors.co.uk/) Applicants and will be able to guide you through the process of making a Tier 1 Entrepreneur or Tie 1 Investor visa application step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 1 entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration Update: Changes for Tier 1, Tier 2 & Tier 5 Visa Applicants Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-update-changes-for-tier-1-tier-2-tier-5-visa-applicants/ The Home Office [Statement of Changes to the Immigration Rules: HC535](https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc535-29-october-2015) were published yesterday and are now in force. The changes have brought positive reform for  Tier 1, Tier 2 and Tier 5 Applicants. This brings with it good news for Applicants as a number of changes to the Home Office evidential criteria were introduced to simplify and liberalise some of the stringent requirements for Applicants. ## Tier 1 Entrepreneurs & Graduate Entrepreneurs The changes to the Tier 1 Entrepreneurs and Graduate Entrepreneur scheme are as follows: - Previous investments can now be included as a measure of the “genuine entrepreneur” test. There is also more leniency offered by the Home Office in respect of some of the requirements. - Graduate entrepreneurs must now obtain further evidence to confirm that they are in fact a genuine and credible business venture in the form of endorsement letters. They must also spend the majority of their time building their business. There is no indication at present that the [Migration Advisory Committee review](https://immigrationandvisasolicitors.co.uk/mac-tier-1-entrepreneur-visa-application-uk/) of this route, which called for considerable reforms are to be enforced at any time soon. ## Tier 1 Investor Visa Route There are few changes to the Tier 1 Investor Applications with no indication of a restriction of the rules. The minor changes to the Tier 1 Investor Applicant scheme are as follows: - If property is used to demonstrate finances then such property may be jointly owned with a spouse/partner; and - Investments which are shares or loan capital for investment organisations will not be accepted. ## Tier 1 Exceptional Talent Visa Route The Home Office have also introduced provisions to simplify and liberalise the visa process for  the Tier 1 Exceptional Talent. The changes to the Tier 1 Exceptional Talent Applicants scheme are as follows: - additional qualifying criteria have added for Tech City UK visas for increase of technological start-up companies and for applicants who display exceptional promise. - fast-track applications for digital businesses which fall in the seven cities under the Tech North remit (Hull, Leeds, Liverpool, Manchester, Newcastle, Sheffield and Sunderland). ## Tier 2 Visa Applications The changes to the Tier 2 Visa route are extensions to the Shortage Occupation List as follows: - nurses; - product manager; - data scientist; - senior developer; - cyber security specialist; - an increase in the salary threshold for settlement applications by Tier 2 workers to £35,000; and - shared parental leave for maternity, paternity and adoption leave. There are a number of other changes to make Tier 2 Visa Applications more user-friendly. ## Tier 5 Youth Mobility Visa Route There were few changes to the Tier 5 Visa Application schemes. One of the most significant is that application allocations for Australia and New Zealand were increased by 20% and 9% respectively opening the doors to many more applicants from the said countries. ## UK Immigration Advice for Tier 1, Tier 2 & Tier 5 Visa Applicants [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a free telephone assessment and free case assessment. --- # Supreme Court: English language test in line with Article 8 Source: https://immigrationandvisasolicitors.co.uk/supreme-court-english-language-test-in-line-with-article-8/ *Yesterday in the case of **R (on the applications of Ali and Bibi) v Secretary of State for the Home Department** **[[2015] UKSC 68](https://www.supremecourt.uk/cases/uksc-2013-0270.html) the Supreme Court reviewed the Immigration Rule governing the English language test for foreign spouses. The Supreme Court dismissed a challenge brought against the introduction of English language testing for spouses prior to their entry into UK as the family of British citizens and those present and settled in the UK. This must not be seen as bad news for Applicants as although the challenge was dismissed the three Judges sympathised with the challenge and indicated that the Home Office guidance in this respect may need reviewing and may become wider and thus more liberal.* ## Facts of Case The immigration appeals in this case concerned a challenge specifically of Immigration rule [E-ECP 4.1 and E-LTRP 4.1 in Appendix FM](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members). The said rule requires foreign family members of British citizens or persons settled in the UK to pass an English language test before their entry into the UK. The appeal considered whether the rule could be said to be a justifiable interference with the right to respect for private and family life protected by [article 8 of the European Convention on Human Rights (‘EHCR’)](http://www.legislation.gov.uk/ukpga/1998/42/schedule/1). Further considerations were whether it could be said to be unjustifiably discriminatory or unlawful. The case concerned two British citizens who had foreign spouses. The foreign spouses were unable to meet the English language criteria. For one of the spouses meeting the criteria meant that he would have to relocate to a different part of Pakistan for several months which would not have been affordable to him. For the other spouse there were no English Language test centres in the entirety of Yemen. ## Immigration Rule Governing English Language Test The Government’s thoughts behind the English language tests for spouses were to assist applicants: - to integrate into British society; - to improve the chance of employment; - to prepare applicants for the tests that would later have to be passed for indefinite leave to remain; - to minimise translation costs; - to reduce the vulnerability of spouses, in particular women. ## Supreme Court's Decision The Supreme Court dismissed this challenge and found that the Immigration Rule itself could not be said to breach article 8 rights and could not be described as unlawful. The case however allowed the Court to consider the operation of the Home Office Guidance as it currently stands in view of article 8 rights. The three Judges sympathised with the challenge and indicated that the Home Office guidance in this respect may need reviewing and may become wider and thus more liberal. Lady Hale in particular held: > 'that the guidance, because of the narrowness of the exceptional circumstances for which it allows, may result in a significant number of cases in which people’s article 8 rights will be breached. To avoid that unfortunate outcome, the Government may need to provide opportunities for spouses and partners to meet the requirement or may need to amend its guidance.' Lady Hale then proposed an exemption could be required in the Home Office Guidance, as a condition of entry for Applicants to demonstrate the required language skills within a comparatively short period after entry to the UK. This is good news for Applicants as it means that there is a clear consensus for a move towards widening the Home Office guidance to grant exceptions where Judges see fit. In particular in cases where foreign spouses may be unable to afford the costly fees of passing the English Language test and where foreign spouses are residing in countries such as Yemen where there are no English test centres. Lady Hale has opened the doors to a possible change in Home Office guidance with her judgment. ## Meeting the Home Office's English Language Requirement If you are applying for a UK visa that requires you to prove your level of English, our expert Immigration Solicitors will be able to guide you. You can prove your knowledge of English by either: - Passing an approved English language test at the required level (varies depending on the visa) in reading, writing, speaking and listening; or - Having an academic qualification that has been taught in English and is recognised as being equivalent to a UK bachelor’s degree. Furthermore, you may be exempt or able to demonstrate that you meet the English language requirement in other ways. Find out more by booking a consultation with our Solicitors who are based in central London. A detailed consultation will ensure that you leave with a greater understanding of what is required of you to make a successful visa application. ## Are you affected by the Home Office’s ‘English Language Requirement’? If you would like to discuss how the English language requirement may affect you, call [one of our immigration solicitors](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) in London who will be able to assist you by meeting with you and reviewing your case. There are many providers but many applicants have had their visas refused for taking tests with rogue providers. We are regularly instructed in Spousal Applications and undertake [a detailed review for ](https://immigrationandvisasolicitors.co.uk/) Applicants and will be able to guide you through the process of making an Entry Clearance Spousal Visa application step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Spousal Visa application refused, contact us to discuss your case so that we can provide you with a case assessment. --- # EEA Nationals: Changes to British Citizenship Rules Source: https://immigrationandvisasolicitors.co.uk/british-citizenship-for-eea-nationals/ *Important changes have been made to Immigration legislation for all EEA nationals as well as their non-EEA family members who may be looking to make an application for British Citizenship. The change in the Immigration Rules means that where EEA nationals and/or their non-EEA family members wish to make an application for British citizenship they must first obtain what is known as a permanent residence card for a certain period of time. After the said period they will then be able to make an application for British Citizenship or to register as British Citizens. This change was introduced by the British Nationality [(General) (Amendment No. 3) Regulations 2015.](http://www.legislation.gov.uk/uksi/2015/1806/made)* ## An Additional Application for EEA nationals EEA nationals and their non-EEA family members who have been residing and exercising their treaty rights in the UK for lengthy periods of time will no longer acquire British Citizenship from their lengthy periods of residence. There is therefore now an additional application that must be considered by EEA nationals, even where EEA nationals may have been residing in the UK for a period of more than 10 years they will still have to adhere to this additional step of obtaining a permanent residence card by making an application to the Home Office. The Home Office then requires the EEA national to hold the said residence card for an additional year before they can apply for naturalisation. The change in legislation has been brought in by the Home Office to help reduce the lengthy delays that may be created in applying for the naturalisation process. The requirement of a permanent residence card means that there will be less complexity in calculating the right to permanent residence and thus British Citizenship for an EEA national. There is also an additional fee of £65 which applicants will be required to pay and although the fee of application is not a costly one the application process itself is rather complicated. The 85 page long application is not only document intensive but also confusing for applicants. It is a good idea for EEA nationals and their non-EEA family members to complete this process however burdensome it may appear it will make the naturalisation and registration process simple in the long run. ## UK Immigration Legal Advice for Naturalisation and British Citizenship Choosing the right law firm from the beginning can ensure the correct applications are made from the outset this will not only allow for an easy mind in preparing for an application, but will also mean that in the long run applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. Many Applicants make the mistake of providing insufficient documentation and thus fail to evidence their recognised entitlement to apply for permanent residence or British Citizenship. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you require assistance with an application for permanent residence or British Citizenship you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment. --- # Home Office Makes Positive Changes to Visit Visas for Chinese Nationals Source: https://immigrationandvisasolicitors.co.uk/home-office-makes-positive-changes-to-visit-visas-for-chinese-nationals/ *The UK government is considering major changes to the UK Visitor Visa route for Chinese visitors. Recently, David Cameron announced '**[significant changes to the Visitor Visa route for Chinese ](https://www.gov.uk/government/news/pm-announces-significant-changes-to-visitor-visas-for-chinese-tourists-for-the-benefit-of-the-british-economy)[tourists'](https://www.gov.uk/government/news/pm-announces-significant-changes-to-visitor-visas-for-chinese-tourists-for-the-benefit-of-the-british-economy) which have been welcomed.* *The proposed changes by the UK government may be in force as early as January 2016. The change is to pave the way for Chinese tourists to enable them to make applications for a 2 year visit visa. This is a far more flexible visa route for Chinese visitors as it is four times the usual limit of the standard UK visitor visas.* ## UK Government Proposals for Chinese Applicants The UK government's support for this new visa route was clear when David Cameron stated '[nothing is off the table](http://www.bbc.co.uk/news/uk-34571910)' referring to a visit by the Chinese President Xi Jinping to the UK which initiated the proposals for policy changes to the UK Visitor Visa route and the UK's Immigration Rules. David Cameron’s approval and support for the new Visa proposals were clearly highlighted when he proposed the possibility of a new 10 year multi-entry UK Visitor Visa. Going as far as to propose that the nominal £85 fee of the current UK Visitor Visa should remain the same. This means Chinese Applicants will not be required to pay any extra fees and would be able to visit the UK throughout the 10 year period without having to make a Visitor Application on each occasion. The nominal fee along with the simplification of the visitation process means that the number of Chinese UK Visitor Visas is likely to be on the increase. The UK government also proposes an 82% increase to the number of UK mobile fingerprinting services which will be required to obtain the UK Visitor Visa applicants’ biometric information in Chinese cities. This is an additional 41 centres.  There are also talks of an increase in the number of UK Visa Application Centres, although the UK already holds the largest number of Visa Application Centres in the EEA. This is good news for Chinese Visitors as they will now have an even better route than the Schengen visa which limits a visitor to 90 days of stay. The system which also allowed passport-free movement across Europe is now feared to be on the brink of collapse as nations tighten their border controls this may be scrapped all together. ## Visitor Visas boost British Economy The UK government proposals will have a significant beneficial impact on the UK economy and create business opportunities for the UK. The Chinese Visitor Applicants who currently visit the UK are providing the UK economy with around £500 million this is one of the largest contributions to the UK economy when compared to statistics of other nations visiting the UK. The extension and accommodation of the Chinese Visitor Visas are therefore welcomed by the UK Government in the hope that each time a visitor attends the UK they will bring with them a huge contribution to the UK economy. The Home Office statistics suggests that with each additional 22 Chinese Visitors to the UK this will create one additional job in the UK tourism sector. ## Successful UK Visitor Visa Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers welcome the proposed changes to the UK Visitor Visa applications and are pleased to the see direction and scope of the proposals by the Home Office. It is particularly pleasing to see that the Home Office is considering the benefits of Visitors to boost the UK economy and support UK businesses and entrepreneurs to grow in the UK.  We are regularly instructed to complete [Visitor Visas applications](https://immigrationandvisasolicitors.co.uk/wp-admin/post.php?post=18447&action=edit) and undertake [a detailed review for](https://immigrationandvisasolicitors.co.uk/) Applicants and will be able to guide you through the process of making a Visitor Visa application step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Visitor Visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # ECJ Case Law: Retained Rights of Residence for Non-EEA Nationals Source: https://immigrationandvisasolicitors.co.uk/ecjretained-rights-of-residence-for-non-eea-nationals/ *Recently the case of Kuldip Singh [Case C‑218/14](http://curia.europa.eu/juris/document/document_print.jsf?doclang=EN&text=&pageIndex=0&part=1&mode=DOC&docid=165901&occ=first&dir=&cid=322672)  was heard by the Court of Justice of the European Union, this case highlighted the issues that separation can have for international couples. The separation of an international couple can be particularly problematic where one party seeks to rely on the other's immigration status to remain in the UK. * Divorce proceedings are never easy for any couple and can be extremely emotional as well as negative specially when brought in haste. This can be made even more difficult where one party of a divorcing couple is a non-EEA national. There are often a number of issues which need to be considered before divorce proceedings are initiated. The European Economic Area (EEA) enables EEA nationals and their non-EEA partners to enter the UK and any other EEA member state in which the EEA spouse is living and exercising treaty rights. The children of such EEA nationals will also have a right to education and consequently a right to reside in the UK. The EEA legislation allows a non-EEA national to retain rights of residence in the UK even where an EEA partner may decide to move elsewhere. The EEA regulations and immigration policy governing this area are extremely complicated and can be confusing. Each particular case must be viewed on its’ own facts and certain exceptional circumstances may be considered in favour of migrants in immigration tribunals. ## Facts of Case The case of Kuldip Singh involved an EEA citizen who had departed from Ireland and later petitioned for divorce. The case highlighted the significance of timing, where an EEA national intends on departing from the UK and the couple intend on pursuing  divorce proceedings. The timing may then have a significant impact on a non-EEA national’s right to reside in a member state. In this particular case because the divorce proceedings had been initiated after the EEA spouse had departed from the UK, the non-EEA spouse could not be permitted to retain their right to remain in the UK under the EEA regulations. ## ECJ Decision Where non-EEA nationals rights to live in the UK are solely on the basis of their relationship with their EEA partner it will important for the non-EEA national to consider the impact of separation on their immigration status. There may be times where a non-EEA national will be unable to leave the UK following separation due to their commitments to children. The case of Kuldip Singh is particularly important in such cases as it clarifies the need for divorce proceedings to be initiated whilst the EEA national is still in the UK. The Court opted to follow a strict approach when it came to a reading of an EEA's retained rights of residence, commenting: > Article 13(2) of Directive 2004/38 must be interpreted as meaning that a third-country national, divorced from a Union citizen, whose marriage lasted for at least three years before the commencement of divorce proceedings, including at least one year in the host Member State, cannot retain a right of residence in that Member State on the basis of that provision where the commencement of the divorce proceedings is preceded by the departure from that Member State of the spouse who is a Union citizen. ## Expert Legal Advice for Immigration Clients Choosing the right law firm from the beginning can ensure the correct applications are made from the outset this will not only allow for an easy mind in preparing for an application, but will also mean that in the long run EEA nationals will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment. --- # Positive Changes to Tier 1 Exceptional Talent Visa Route Source: https://immigrationandvisasolicitors.co.uk/an-evolution-of-the-tier-1-exceptional-talent-visa/ *The Home Office recently welcomed proposed changes by the digital technology sector to welcome global talent into the UK, which is good news for businesses and companies who look to sponsor highly skilled migrants. Tech City UK in particular is one of the Competent Bodies which the Home Office has selected to assess applications from applicants who wish to enter the UK under the Tier 1 Exceptional Talent Visa route. [Tech City UK assesses applications in the Digital Technology sector](https://web.archive.org/web/20171202172500/http://www.techcityuk.com/blog/2015/10/tech-city-uk-unveils-tech-nation-visa-scheme-tier-1-exceptional-talent/) to help talented Tier 1 Applicants to enter the UK.* ## Tier 1 Exceptional Talent Route Improved The Home Office has agreed to the proposed changes which seek to develop the Tier 1 Exceptional Talent visa criteria to make it more accessible to candidates. The additional changes will include: - **Building UK Scale-ups:** The UK digital economy depends on scale ups for its growth, and the new changes mean that via this Visa application businesses can acquire the employees they need for growth on a fast track route that allows for rapid growth. - **Recognising exceptional applicants:** the previous visa applications only permitted applicants with world leading expertise to enter the UK. The new criteria allows for potential world leading experts to be sponsored as applicants permitting them to develop into world experts in the UK. - **Northern Fast track applications: ** a fast track route for the digital sector in  the areas of; Hull, Leeds, Liverpool, Manchester, Newcastle, Sheffield and Sunderland. - **Teams of applicants:** applications can be made by a team of five applicants who wish to work as partners, allowing for a team of entrepreneurs to be employed by businesses who require an entire team of potential experts from outside the UK. ## What this means for Tier 1 Exceptional Talent Visa Applicants [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers welcome the Home Office recommendations and are pleased to the see direction and scope of the digital sector agreements with the Home Office. The proposals by Tech City are encouraging and should be welcomed because they will have a positive impact on the Tier 1 (Exceptional Talent) applications and thus the UK economy. The proposal are in complete harmony to the spirit of the Tier 1 category which is to promote investment in the UK economy and to boost the UK economy. This can be seen by Eileen Burbidge's (Partner at Passion Capital and Chair of Tech City UK) [comments](https://web.archive.org/web/20171202172500/http://www.techcityuk.com/blog/2015/10/tech-city-uk-unveils-tech-nation-visa-scheme-tier-1-exceptional-talent/) : > “Engaging with the digital business community to ensure the Government is offering practical support to accelerate company growth is what Tech City UK is about, and these revisions to the Visa programme address the highest priority for all company founders — that of growing and scaling a business with the best talent from around the world.” ## Successful Tier 1 (Exceptional Talent) Visa Applications It is particularly pleasing to see that the Home Office is considering the needs of UK businesses who are in desperate need of skilled migrants in the Technology sector. We are regularly instructed by Tier 1 (Exceptional Talent) entrepreneurs and undertake [a detailed review for ](https://immigrationandvisasolicitors.co.uk/) Applicants and will be able to guide you through the process of making a [Tier 1 (Exceptional Talent)](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) visa application step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 1 (Exceptional Talent) entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration Law: Can Home Office Deny Donald Trump a Visa? Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-law-can-home-office-deny-donald-trump-a-visa/ *As you may have heard Donald Trump has made some ridiculous comments about banning all Muslims from the US; that is he seems to suggest [more than 1.5 billion Muslims around the world from entering the US.](http://www.theguardian.com/us-news/2015/dec/07/donald-trump-ban-all-muslims-entering-us-san-bernardino-shooting)  David Cameron unsurprisingly did not stand for Donald Trump's comments saying Donald Trump was “wrong” to question the courage of UK policemen and attacked his [call for a ban on Muslims travelling to the United States](https://web.archive.org/web/20151208183143/http://www.telegraph.co.uk/news/worldnews/donald-trump/12038280/Donald-Trump-calls-for-a-ban-on-all-Muslims-entering-the-US-live.html) as [“divisive”](http://www.telegraph.co.uk/news/politics/david-cameron/12039203/David-Cameron-Donald-Trumps-call-for-Muslim-ban-is-divisive-unhelpful-and-quite-simply-wrong.html).* ## David Cameron's Visa Ban for Donald Trump Could Donald Trump be given a visa ban? This has been the question on many people’s minds due to the hatred he has preached.  The answer quite simply is yes he probably could. [Home Secretary Theresa May said she had excluded "hundreds" of people.](http://www.bbc.co.uk/news/blogs-trending-35049955) Donald Trump could receive a visa ban from entering the UK following his discriminatory tantrums for Muslims to be banned from entering the US. The Home Office has the power to ban hate preachers from across the world from entering the UK under their policy of ‘unacceptable behaviours or extremism exclusion policy’.  [The Labour Home Affairs Spokesman Jack Dromey and Green Party leader Natalie Bennet have supported a petition to ban Donald Trump from entering the with Conservative MP Sarah Wollaston saying the proposal merited "serious discussion".](http://www.bbc.co.uk/news/blogs-trending-35049955) One recent challenge in the immigration case *Seherwet v ECO *[[2015] EWCA Civ 1141](http://www.bailii.org/ew/cases/EWCA/Civ/2015/1141.html) by Jeremy Corbyn to implement a visa ban was successful purely on free speech grounds. ## UK Immigration Rules: General Grounds for Refusal The Immigration Rules include some general grounds for refusing applications that would otherwise be granted. This includes at paragraph 320(6) of the rules a mandatory refusal where: the Secretary of State has personally directed that the exclusion of a person from the United Kingdom is conducive to the public good The UK Immigration Rules include provision for an application to be refused under the "general grounds for refusal". The Home Office has detailed internal guidance on the general grounds for refusing an application with separate guidance for applications for entry clearance or applications for leave to Remain. Our immigration solicitors explain that: > “The Home Office can generally refuse most applications if they feel that the application or the applicant falls under the 'general grounds of refusal', which are set out in paragraph 320 of the Immigration Rules. > > This can be done at the stage of the applicant's initial entry clearance application or in some situations after their visa has been granted. > > If the Secretary of State wishes to do so, she can curtail or vary an applicant's leave even after they have entered the UK.” ## Paragraph 320 of Immigration Rules In Donald Trump’s case, he would be looking at making an entry clearance application, the Home Office case worker would consider paragraph 320 of the Immigration Rules. In so considering this rule, the Entry Clearance Officer may refuse an application if they deem that the exclusion of the person from the UK is conducive to the public good. The [Home Office case worker](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/348118/GGFR_Sec5v18_0_EXT.pdf) would check the following regarding the applicant: - adverse behaviour; - non-conduciveness, adverse character, conduct or associations (criminal history, travel ban, non-conduciveness to public good, a threat to national security); - adverse immigration history; and - adverse medical health. So, yes Donald Trump could potentially be given a Visa ban from entering the UK if he was looking to continue to preach his ridiculous comments about Muslims. ## Legal Advice for Visa Applicants [Our team ](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/)of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a successful visa application step by step and limit the possibility of failure by complying with the strict letter of the law. If you are concerned that your application may be refused under consideration of paragraph 320 of the Immigration Rules, contact our team who will be happy to consider your matter in detail and explore your options. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa application refused, contact us to discuss your case so that we can provide you with a case assessment. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # Home Office Update: Changes to Tier 2 & Tier 5 Sponsor Guidance Source: https://immigrationandvisasolicitors.co.uk/home-office-changes-to-tier-2-and-tier-5-sponsor-guidance/ *The Home Office [Statement of Changes to the Immigration Rules: HC535](https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc535-29-october-2015) were published recently and are now in force. The changes have brought further reform for the Tier 2 and Tier 5 Sponsor guidance. This brings with it confirmations of practices already implemented by the Home Office but also new criteria for Tier 2 and Tier 5 Sponsors. * ## Tier 2 & Tier 5: Reform The changes that have been implemented are as follows: - Employers and businesses looking to sponsor migrants must now implement a Disclosure and Barring Service (DBS) for all of their potential migrant employees if they are likely to have contact with children in their day to day work. The DBS check then has to remain with the applicant’s file and is now an additional document as per [Appendix D of the immigration rules](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/477829/Appendix_D_11-15_v1_0.pdf). - Appendix D of the Immigration Rules now also requires a sponsor to keep evidence of their migrant employee’s qualification and reference documentation. - Sponsors must now advise the Home Office where a Certificate of Sponsorship (CoS) has been granted to a family member of an employee of the Sponsor’s organisation. - An Authorising Officer (AO) must now have a clear system plan to implement monthly checks on any CoS which has been assigned. - If a migrant employee has made an application for Indefinite Leave to Remain (ILR) but the Sponsor’s licence is in a period of suspension the ILR application will be refused immediately if the Sponsor’s licence is later revoked. - Where a sponsor fails to renew their licence the Home Office no longer permits a 20 day grace period within which Sponsors can make a new application. This means all migrant employees who have been sponsored by such an organisation will be left without leave, as their leave to remain will be curtailed simultaneously with the expiry of the Sponsor licence. ## Changes Affecting Sponsors Only - If a Sponsor’s owner has changed and a new Sponsor Licence is required, migrant employees will not have to make a further application to declare this change in circumstance. - If a Sponsor is found to have advertised a false vacancy then a Sponsor’s licence may be suspended until the Home Office has completed its’ investigations. - If the Home Office conducts an audit or compliance visit, then the Home Office may take photographic evidence of the Sponsor’s premises. Obtaining a UK Sponsorship licence is far from a straightforward process involving referencing not only the immigration rules but also supplementary guidance notes. Together with ensuring that the bundle of supporting documents meets the Home Office’s stringent requirements and properly evidences the application. For this reason it is usual for a professional employer to instruct expert immigration sponsorship solicitors to manage this process. ## UK Immigration Advice for Tier 2 & Tier 5 Visa Applicants [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Tier 2 & Tier 5 application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. Our expert immigration solicitors provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment. --- # Home Office Update: Changes to Tier 4 Sponsor Guidance Source: https://immigrationandvisasolicitors.co.uk/home-office-changes-to-tier-4-sponsor-guidance/ *On 12 November 2015 the Home Office published a new version of the Tier 4 Sponsor Guidance. The changes have brought further reform for the Tier 4 Sponsor guidance, bringing with them confirmations of practices already implemented by the Home Office but also new criteria for Tier 4 Sponsors outlined below. ** * ## Reform for Tier 4 Sponsor Guidance The following is a summary of changes: - **Revocation of a Sponsor licence in the past two years:**  where a Sponsor has held a Tier 2,4, or 5 Sponsor licence and has had this revoked in the preceding 2 years prior to making a new application a new application for a Tier 4 licence may be refused. - **Holiday periods: **the Home Guidance now requires Sponsors to allocate time in between academic terms for holiday and vacation periods similar to that of publicly funded institutions to prevent abuse of the immigration system. - **Academic progression policy: **a number of changes have been introduced by the Home Office guidance making the rules tighter than ever before in demonstrating academic progression. - **Periods of time as a student below degree level: **The Home Office Guidance has reduced this from 3 years to 2 years. This could mean a loss in students and thus business for a number of Tier 4 Sponsors. - **Tier 4 Children applications :** the Home Office Guidance states that only independent schools can Sponsor Tier 4 (Child) under this route. ## Further Leave to Remain: Tier 4 General Student The new Home Office guidance issued on 12 November 2015,  permits Tier 4 (General) students who have, or who were last sponsored,  by one of the UK Sponsors listed below to apply to extend their leave in the UK under the Tier 4 (General) student: - a UK recognised body or body in receipt of public funding as a HEI; - an overseas HEI, if a Tier 4 General student is completing a short-term study-abroad course in the UK; or - an embedded college. Tier 4 (General) applicants who are sponsored by another institution not listed above; for example FE colleges and they wish to extend their time in the UK as students under the Tier 4 (General) route must return to their country of origin and apply for an entry clearance application as a Tier 4 student once again. The time limit for calculating the period that a Tier 4 General student has spent in the UK will now take into account the full length of the leave granted by the Home Office as opposed to limiting this to the length of the course. ## Compliance Advice for Sponsors Specific requirements have also been set for Sponsors to allocate specific periods of time for courses which will then correspond with the length of leave granted by the Home Office, this will be calculated to take into account the length of a course accordingly. Sponsors should ensure that they follow the strict letter of the law and comply with all Home Office Guidance on their sponsor licence under Tiers 2,4 or 5. The consequences for failing to comply with Home Office Guidance are more severe than ever before. Sponsors should aim to keep a clear record for their licences to prevent refusals in the future due to past Home Office revocations and or refusals. The Guidance provides clarity on revocation of all sponsor licences under Tiers 2 4 or 5 where a Sponsor's Tier 4 licence is revoked. Businesses and Sponsors aiming to protect themselves should therefore opt for dividing their Sponsorship licences in two. This way when a Tier 4 licence is revoked a Sponsor's  Tier 2 or 5 licence will not be revoked simultaneously. ## UK Immigration Advice for Visa Applicants & Sponsors [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Tier 4 application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. Our expert immigration solicitors provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment. --- # MAC to Review Tiers 1-4 of Points-Based System Source: https://immigrationandvisasolicitors.co.uk/mac-review-uk-points-based-system-dependants-working-rights/ *Recently The Migration Advisory Committee (MAC), a UK Government Public Body reviewed the Tier 1 Entrepreneur route and proposed a more selective approach to improve the quality of  incoming entrepreneurs to the UK under the points based immigration system, along with this measure MAC are also to hold a consultation to review Tiers 1, 2 and 4 Systems & dependants’ working rights. The review may restrict the right of a Tier 2 dependent's right to work and could then have a huge impact on the British economy, we have outlined some of the new proposals below. * ## Tier  2 Dependant’s Right to Work The proposals to restrict the right of a Tier 2 dependant’s right to work may be extended to Tier 1 and Tier 4 dependants and may be extended further across the board to all points based systems. The questions that will be of importance when MAC consider whether an automatic right to work will be revoked: - Could a main applicant’s visa in the UK be affected if their dependant’s right to work is removed? - How many Tier 2 employees have dependants? - Do all of these dependants work in the UK? - What occupations do Tier 2 dependants work in? - Could the removal of a Tier 2 dependant’s right to work have a direct impact on the UK economy and public finances? - What social impacts would there be for Tier 2 visa applicants? - Would social impacts vary depending on the regions where Tier 2 dependants are concentrated? The Migration Advisory Committee is looking to review evidence from a range of sectors to ensure a wide range of evidence. The result of the consultation is likely to be available in early 2016. The MAC has been asked to fast-track the consider other areas of the points based system, including salary thresholds for Tier 2 visas and time limits on the periods that a sector can claim to have a skills shortage. ## Home Office proposals for Tier 2 Visa Applications [MAC have  also been asked by the Home Office to consider the impact of:](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452805/Review_of_Tier_2_-_Analysis_of_salary_thresholds.pdf) - ‘increasing the Tier 2 (General) visa salary threshold of £20,800 and the Tier 2 (ICT) visa salary thresholds of £24,800 for the short-term category and £41,500 for the long-term category to a level that better aligns with the salaries paid to highly-specialised migrants or migrants filling skills shortages skilled to NQF level 6 or higher; - increasing the Tier 2 visa minimum salaries per occupation for experienced migrants from the 25th percentile to the 50th or 75th percentiles; - increasing the Tier 2 visa salaries per occupation for new migrants from the 10th percentile to the 25th or 50th percentiles, or other appropriate measure’. ##  Points-Based System boosts British Economy The above mentioned MAC review and changes are due to be completed this month and once these are published our team will keep you updated with the same. Emanuel Adam, head of policy at British American Business has commented: > “Restricting tier 2 in any way will have a negative impact on companies and organisations assessing business opportunities . . . in the UK.” Controlling immigration has been placed at the forefront of issues for David Cameron’s government and holds great significance when considered in light of the negotiations to rebuild Britain’s relationship with the rest of the EEA. The Home Office proposals could have a significant impact on the UK economy as the points based system creates business opportunities for the UK. The Tiers 1, 2 and 4 Applicants who currently come to the UK are providing the UK economy with a boost. Obtaining a points based UK visa is far from a straightforward process involving referencing not only the immigration rules but also supplementary guidance notes. Together with ensuring that the bundle of supporting documents meets the Home Office’s changing requirements and properly evidences each application. ## UK Immigration Advice for Tier 1, Tier 2 & Tier 4 Visa Applicants [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the continuous changes in the law as well as the merits of your application by providing you with advice from our leading team of solicitors and barristers before your matter even reaches the Home Office. If you require assistance with  a Tier 1, 2 or 4 application our team will guide you through the process of making a visa application step by step and limit the possibility of failure by complying with the strict letter of the law. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Case Study: Successful Further Leave To Remain Application Source: https://immigrationandvisasolicitors.co.uk/uk-case-study-successful-further-leave-to-remain-application/ *Our expert immigration lawyers were recently instructed to represent a client (the Applicant), who wished to make an application to remain in the UK under Appendix FM of the Immigration rules as the unmarried partner of  a British Citizen. The Applicant is a national of a non-EEA country and had been residing in the UK for almost 5 years after being granted Entry Clearance as a Points Based migrant. The Home Office had made several decisions to refuse the Applicant’s applications for Leave to Remain in the UK mainly due to insufficient evidence and poor representations by previous representatives. After receiving the Applicant’s instructions in an initial consultation with our expert immigration lawyer, we were instructed to make a Further Leave to Remain application.* During our retainer, our immigration team worked closely with the Applicant to ensure that his case was prepared to the highest standards. Just in time for Christmas in a decision from the Home Office, we received news that the Applicant’s application was successful and he was granted Leave to Remain. The Applicant now hopes to continue to reside in the UK where he has established a private family life with his partner and young children. ## Home Office Reasons for Refusal The Applicant first entered the UK around 5 years ago as a Points Based migrant. The Applicant then made further applications to extend his leave but unfortunately was unsuccessful. The Home Office refused the Applicant’s application and were not satisfied that the Applicant had met the requirements of the Immigration Rules. Following the refusal, the Applicant appealed to the First-tier Tribunal against the Home Office decision but the appeal was dismissed. The Applicant subsequently made an application to the First-tier Tribunal for permission to appeal to the Upper Tribunal which was refused. The Applicant then made a further application to the Upper Tribunal for permission to appeal which was also refused. The Applicant was dismayed following the rejection of his immigration matter at both the First-tier Tribunal and Upper Tribunal and had incurred substantial legal fees. ## Facts of Case The Applicant had met his partner (the Sponsor) a British national when he arrived in the UK and their relationship had developed into a romantic one. The Sponsor soon fell pregnant and wished for the Applicant to continue living in the UK with her and her family. The Home Office reviewed the Applicant’s case in light of our detailed legal representations which highlighted other similar case law as precedent and formed the opinion that the family should not be separated and granted the Applicant Further Leave to Remain. ## Home Office Decision The Home Office decision maker considered our legal representations and submissions and decided that the Applicant would be an asset to the country. The Home Office decision maker was persuaded by the legal representations made by our expert immigration solicitors and found that the Applicant meets the requirement of the immigration rules as per Appendix FM. Taking into consideration the relevant rules, the Home Office allowed the application and granted the Applicant Further Leave to Remain. ## UK Expert Immigration Solicitors If you have had a visa application refused contact our expert immigration team for legal advice. Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the application process step by step and limit the possibility of failure by complying with the strict letter of the law. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment and case assessment. --- # Permanent Residence & British Citizenship for EEA nationals Source: https://immigrationandvisasolicitors.co.uk/british-citizenship-permanent-residence-for-eea-nationals/ *As reported previously [important changes have been made to Immigration legislation](https://immigrationandvisasolicitors.co.uk/british-citizenship-for-eea-nationals/) for all EEA nationals as well as their non-EEA family members who may be looking to make an application for British Citizenship. The change in the Immigration Rules means that where EEA nationals and/or their non-EEA family members wish to make an application for British citizenship they must first obtain what is known as a permanent residence card for a certain period of time. After the said period they will then be able to make an application for British Citizenship or to register as British Citizens. This change was introduced by the British Nationality** **[(General) (Amendment No. 3) Regulations 2015.](http://www.legislation.gov.uk/uksi/2015/1806/made)* ## EEA Permanent Residence The change in immigration legislation may be due to the increase in the number of EEA citizens who have made applications to naturalise as British Citizens. EEA applications can be made under  Immigration (European Economic Area) Regulations 2006 (“Regulations”) and the Free Movement of Person’s Directive 2004/38/EC (“Directive”). Many applicants may need to make an EEA family permit application before entering the country. However there are provisions available to switch into an EEA2 residence card for some individuals who have leave to remain in the UK under certain categories. An EEA Residence Card allows an individual to stay in the UK for 5 years whilst their partner continues to reside with them and is exercising their treaty rights under the 2006 Regulations. Upon completion of the 5 years, an applicant may be eligible for permanent residence. The right can only be lost where an applicant is absent from the Member State in question for two years, or as a result of a public order expulsion. In the United Kingdom, the immigration rules governing a right of permanent residence fall under Regulation 15 of the Immigration (European Economic Area) Regulations 2006 (EEA Regulations). Regulation 18 of the EEA Regulations governs the documents which can be held as evidence of a right of permanent residence. In the case of EEA citizens, this is known as a “document certifying permanent residence”, for non-EEA family member; this is  known as a “permanent residence card”. ## British citizenship & the EEA Regulations EEA nationals and their non-EEA family members who have been residing and exercising their treaty rights in the UK for lengthy periods of time will no longer acquire British Citizenship from their lengthy periods of residence. There is therefore now an additional application that must be considered by EEA nationals, even where EEA nationals may have been residing in the UK for a period of more than 10 years they will still have to adhere to this additional step of obtaining a permanent residence card by making an application to the Home Office. The Home Office then requires the EEA national to hold the said residence card for an additional year before they can apply for naturalisation. The change in legislation has been brought in by the Home Office to help reduce the lengthy delays that may be created in applying for the naturalisation process. The requirement of a permanent residence card means that there will be less complexity in calculating the right to permanent residence and thus British Citizenship for an EEA national. It is a good idea for EEA nationals and their non-EEA family members to complete this process as it will make the naturalisation and registration process simple in the long run. For naturalisation purposes those who make naturalisation applications on or after 12 November 2015 must demonstrate their right of permanent residence must be evidenced through the forms of document mentioned under the EEA 2006 Regulations. The 2006 EEA Regulation itself has not changed nor have the provisions governing acquisition of citizenship by children. There is an additional fee of £65 which applicants will be required to pay and although the fee of application is not a costly one the application process itself is rather complicated. The 85 page long application is not only document intensive but also confusing for applicants. They will also need to temporarily give up their passport or identity card. The process can also be subject to delay, including because the Directive and the Regulations provide the Home Office with six months to issue non-EEA permanent residence cards. ## UK Immigration Legal Advice for Naturalisation and British Citizenship Choosing the right law firm from the beginning can ensure the correct applications are made from the outset this will not only allow for an easy mind in preparing for an application, but will also mean that in the long run applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. Many Applicants make the mistake of providing insufficient documentation and thus fail to evidence their recognised entitlement to apply for permanent residence or British Citizenship. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you require assistance with an application for permanent residence or British Citizenship you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment. --- # Adult Dependent Relative Visa Applications & Immigration Rules Source: https://immigrationandvisasolicitors.co.uk/adult-dependant-relative-immigration-rules/ *Following on from the Home Office changes of July 2012 to the Immigration Rules, we look at adult dependent relative visas. The changes are significant as they highlight the difficulties that may be faced by an applicant who is looking to obtain a UK Visa as an adult dependent relative. The changes to the Immigration Rules are the perfect example of the importance of legal advice when applying for an adult dependent relative visa. Many make the mistake of providing insufficient documentation and thus fail to evidence their recognised entitlement to enter the UK.* ## UK Immigration Rules: Adult Dependant Relative We have summarised the Immigration Rules below, the said rules can also be found [here](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members): - The visa applicant must be the relative of a British person (“the sponsor”) who is in the UK. - If the visa applicant is the British sponsor’s parent or grandparent they must not be in a relationship with a partner unless that partner is applying for entry clearance at the same time as the visa applicant. - The sponsor must at the date of application be a British Citizen in the UK or present and settled in the UK or  in the UK with refugee leave or humanitarian protection. - The visa applicant or, if the visa applicant and their partner are the British sponsor’s parents or grandparents, the applicant’s partner, must require long-term personal care. -  The visa applicant or, if the visa applicant and their partner are the sponsor’s parents or grandparents, the visa applicant’s partner, must be unable, even with the help of the British sponsor, to obtain care in the country where they are living. Visa applications as an Adult Dependent Relatives cannot be made from the UK; all applications must now be made out of the country. ## Evidence for Visa Applications The Home Office have strict evidential requirements as per the Immigration Rules, some of these are as follows: - Evidence of the family relationship between the visa applicant(s) and the British sponsor should take the form of documentary evidence. - Evidence that the visa applicant requires long-term personal care. - Independent evidence that the visa applicant is unable, even with the help of the British sponsor in the UK, to obtain the care in the country where they are living. - If the visa applicant’s required care has previously been provided through a private arrangement, the visa applicant must provide details of that arrangement. - If the visa applicant’s required level of care is not affordable because payment previously made for arranging this care is no longer being made, the applicant must provide records of that payment. - If financial support has been provided by the British sponsor or other close family in the UK, the applicant must provide an explanation of why this cannot continue or is no longer sufficient to enable the required level of care to be provided. ## UK Home Office Policy & Guidance The changes to the Immigration Rules are the perfect example of the importance of legal advice when applying for an adult dependent relative visa. Many make the mistake of providing insufficient documentation and thus fail to evidence their recognised entitlement to enter the UK. If a visa application is submitted to the Home Office without evidence which clearly demonstrates an applicant’s situation by meeting the Home Office [guidance](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/576644/Adult_dependent_relatives-review.pdf), policy and Immigration Rules then the application is likely to be refused as will any subsequent appeal for the same reason. ## Case Law & UK Immigration Tribunal (IAC) The immigration tribunal has not set aside a reported case to specifically interpret the provisions for Adult Dependent Relatives under the Immigration Rules. The requirements of the Immigration Rules do appear to set a significantly high standard of proof however the Immigration Tribunals have discretion to consider the Home Office Policy and guidance and the specific facts of each case as per the circumstances of each appellant.  In particular it can be possible to consider cultural factors when it comes to adult dependent relative visas. Cultural factors do not stand alone and often different visa applicants hold more than the normal emotional ties with their sponsors which may then demonstrate that a visa applicant should be granted entry into the UK when considering the British Sponsor’s[ human rights under Article 8](http://www.legislation.gov.uk/ukpga/1998/42/schedule/1/part/I/chapter/7). A recent example of establishing that a British Sponsor’s human rights are engaged is the recent case of *Kaur (visit appeals; Article 8) *[[2015] UKUT 487 (IAC)](http://www.bailii.org/uk/cases/UKUT/IAC/2015/487.html). The appellant in the said case was an 83 year old mother of the British sponsor. She wanted to visit her family in the United Kingdom. The case considered  a visit visa application and was refused by the Home Office. It is however an example of the Immigration Tribunal exercising discretion and finding that the British Sponsor’s human rights were in fact engaged. This demonstrates that even where immigration Judges in the Immigration Tribunal find that a matter falls beyond the scope of the immigration rules and where it is often clear that the Appellants do not meet the same following persuasive legal representations from solicitors, they can find that an Appellant's Article 8 rights have been engaged. Taking into consideration the relevant case law, the learned Judges can allow appeals in favour of appellants. ## Successful Adult Dependant Relative Visa Application Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. If you have had a visa application refused and you have been given the right to appeal, contact our expert immigration team for legal advice. Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through your appeal process step by step. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a  telephone assessment and case assessment. --- # UK Immigration Law: David Cameron to consider Trump Ban Source: https://immigrationandvisasolicitors.co.uk/the-uk-government-considers-trump-ban/ *As reported previously reported [Donald Trump has made some ridiculous comments ](https://immigrationandvisasolicitors.co.uk/uk-immigration-law-can-home-office-deny-donald-trump-a-visa/)about banning all Muslims from the US; that is [more than 1.5 billion Muslims around the world from entering the US.](http://www.theguardian.com/us-news/2015/dec/07/donald-trump-ban-all-muslims-entering-us-san-bernardino-shooting) The UK Government has responded to a petition calling for Donald Trump to be banned from [coming to Britain](http://www.theguardian.com/commentisfree/2015/dec/12/donald-trump-dont-ban-censorship-doesnt-work).** **More than [500,000 people](http://www.bbc.co.uk/news/uk-politics-35199585) have signed the parliamentary e-petition. We have outlined the UK Government's response to the petition to ban Donald Trump from entering the UK below. * ## David Cameron’s Visa Ban for Donald Trump Could Donald Trump be given a visa ban? This has been the question on many people’s minds due to the hatred he has preached.  The answer quite simply is yes he probably could. [Home Secretary Theresa May said she had excluded “hundreds” of people.](http://www.bbc.co.uk/news/blogs-trending-35049955) Donald Trump could receive a visa ban from entering the UK following his discriminatory tantrums for Muslims to be banned from entering the US. The Home Office has the power to ban hate preachers from across the world from entering the UK under their policy of ‘unacceptable behaviours or extremism exclusion policy’.  [The Labour Home Affairs Spokesman Jack Dromey and Green Party leader Natalie Bennet have supported a petition to ban Donald Trump from entering the with Conservative MP Sarah Wollaston saying the proposal merited “serious discussion”.](http://www.bbc.co.uk/news/blogs-trending-35049955) One recent challenge in the immigration case *Seherwet v ECO *[[2015] EWCA Civ 1141](http://www.bailii.org/ew/cases/EWCA/Civ/2015/1141.html) by Jeremy Corbyn to implement a visa ban was successful purely on free speech grounds. ## The Home Secretary’s Response The petition was set up in response to Trump’s call for a moratorium on Muslims entering the US and has now been signed by over 568,000 people in the UK and a parliamentary committee will meet this week to decide whether or not to hold a debate in Parliament on the petition, the BBC reports. The [Government has responded and clarified that they do not:](https://petition.parliament.uk/petitions/114003) > "For good reasons the Government does not routinely comment on individual immigration and exclusion decisions...David Cameron, has made clear that he completely disagrees with Donald Trump’s remarks. The Home Secretary has said that Donald Trump’s remarks in relation to Muslims are divisive, unhelpful and wrong. The Government recognises the strength of feeling against the remarks and will continue to speak out against comments which have the potential to divide our communities, regardless of who makes them." According to figures published last year, The Home Secretary has banned more than 217 people since 2010, including 84 hate preachers, 61 people on grounds of national security and 72 because they were deemed ["not conducive to the public good"](http://www.bbc.co.uk/news/uk-politics-35199585). ## Our Immigration Solicitors Explain The Home Office can generally refuse most applications if they feel that the application or the applicant falls under the ‘general grounds of refusal’, which are set out in paragraph 320 of the Immigration Rules. This can be done at the stage of the applicant’s initial entry clearance application or in some situations after their visa has been granted.If the Secretary of State wishes to do so, she can curtail or vary an applicant’s leave even after they have entered the UK. ## Legal Advice for Visa Applicants [Our team ](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/)of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a successful visa application step by step and limit the possibility of failure by complying with the strict letter of the law. If you are concerned that your application may be refused under consideration of paragraph 320 of the Immigration Rules, contact our team who will be happy to consider your matter in detail and explore your options. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa application refused, contact us to discuss your case so that we can provide you with a case assessment. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. --- # Case Study: Successful Tier 2 Sponsor Licence for UK Business Source: https://immigrationandvisasolicitors.co.uk/case-study-successful-tier-2-sponsor-licence-for-uk-business-2-4/ *Our expert immigration lawyers were recently instructed to assist in the preparation and submission of a Tier 2 Sponsor Licence Application for a highly respected UK Technology company. The Company, which had been operating in the UK for several years, wished to acquire the services of a highly skilled worker from outside of the European Economic Area (EEA). After receiving the Applicant’s instructions in an initial consultation with our expert business immigration lawyer, we were instructed to make a Tier 2 Sponsor Licence Application on behalf of the Applicant along with legal representations.* Within a month of submitting the online Sponsor Licence Application and sending the Home Office detailed legal representations accompanied with the relevant supporting documents, our business immigration solicitors received news that the company had been successfully listed on the Home Office’s Tier 2 Sponsor Register. ## UK Sponsor Licence for Employers The Tier 2 Sponsor Licence allows UK businesses to employ non-EEA migrant workers within their organisation. Obtaining a Sponsor Licence is a far from straightforward process and involves referencing not only the current UK immigration laws but also the Home Office’s supplementary guidance notes which can be quite complex. [Statistics released by the Home Office in November last year](https://www.gov.uk/government/publications/immigration-statistics-july-to-september-2015/work), revealed that altogether there were 29,361 employers on the Sponsor Register on 1 October 2015 which was 4% more than on 30 September (28,873). This means that there is a steady increase of organisations being granted permission to hire non-EEA migrants. ## Obtaining a UK Business Sponsor Licence In this case, our client was a UK based company which had been operating for several years in a highly technical and somewhat niche field. The company needed to recruit the services of a highly skilled specialist worker from outside the EEA area and they approached our immigration lawyers for advice. Under the current UK Immigration Rules companies must normally complete a Resident Labour Market Test unless the job vacancy is on the [UK's 'Shortage Occupation List'](https://www.gov.uk/government/publications/tier-2-shortage-occupation-list). The Resident Labour Market Test requires employers to advertise a position in the UK in certain prescribed ways to provide evidence to the Home Office that there is no suitable worker already within the UK workforce who could do the job. Our immigration lawyers, who are regularly instructed by UK companies, were quick to advise the company on navigating the rules and the documentation needed to accompany the application and in doing so were able to ensure a successful result. ## Contact us for successful Tier 2 UK Sponsor Licence applications [Our team of experienced and professionally qualified solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) will be able to guide you through the [Tier 2 UK Sponsorship Licence applications](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now 02030110276 on for a telephone case assessment. --- # Court of Appeal Denies Home Office Appeal to Deport EEA nationals Source: https://immigrationandvisasolicitors.co.uk/court-of-appeal-denies-home-office-appeal-to-deport-eea-nationals/ *The Court of Appeal recently decided the case of Straszewski v Secretary of State for the Home Department [[2015] EWCA Civ 1245](http://www.bailii.org/ew/cases/EWCA/Civ/2015/1245.html). The Court Of Appeal held that where the Home Office had issued a decision to deport a person with permanent residence under European Economic Area (EEA) law can only be made on “serious grounds of public policy or public security". Such a deportation decision by the Home Office must also comply with further requirements, which we have outlined for you below. * ## ## The Facts The case involved two EEA nationals who had been residing in the UK for over five years and had each acquired a permanent right of residence in the UK. The Appellants were then convicted of a number of criminal offences and the Home Office decided that it would be appropriate to deport both of them to Poland and Lithuania respectively. The first Appellant was a Polish national who had lived in the UK since the age of 11. The Appellant had pleaded guilty to a charge of unlawful wounding in relation to an incident in 2010. He then committed a further crime of robbery and was convicted for two counts of robbery and was sentenced to 42 months’ imprisonment, then to 15 months consecutively for an unlawful wounding offence. The second Appellant was a Lithuanian national who came to the UK in 2004. In 2013 the said Appellant was convicted of three offences of identity fraud. The Home Office pursued deportation under [Regulation 21 of the Immigration (European Economic Area) Regulations 2006 ("the Regulations")](http://www.legislation.gov.uk/uksi/2006/1003/made) and served both Appellants with a deportation decision.  The Appellants then lodged appeals against their respective Home Office deportation decisions and the Immigration Tribunal allowed both of their appeals in their favour. The Home Office then appealed and this brought their matter to the Court of Appeal. The question that therefore arose for the court of Appeal was whether the Secretary of State could deport an EEA national who had acquired a permanent right of residence in the UK. ## Court of Appeal's Decision The Court of appeal held that where there is a decision to deport a person with permanent residence under EU law. This can only be made on “serious grounds of public policy or public security". Such a decision must also comply with the following requirements, taken from EU Law: (a) the decision must comply with the principle of proportionality; (b) the decision must be based exclusively on the personal conduct of the Apppellant concerned; (c) the personal conduct of the Appellant concerned must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society; (d) matters isolated from the particulars of the case or which relate to considerations of general prevention do not justify the decision; (e) an Appellant's previous criminal convictions do not in themselves justify the decision. > Moore-Bick LJ commented specifically: 'it is for the Member State concerned to justify its actions in interfering with free movement rights; the burden does not rest with the individual facing deportation.' The Court of Appeal  the dismissed the Secretary of State’s appeals.The above mentioned criteria are essentially factors of protections against deportation in EU law and are good news as they will help to safeguard principles of free movement around the EEA for EEA nationals and those with permanent residence under European Economic Area (EEA) law . ## UK Immigration Legal Advice for EEA National Appeals Choosing the right law firm from the beginning will not only allow for an easy mind in preparing for an application, but will also mean that in the long run applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Appeal by providing you with advice from our leading team of barristers before your matter even reaches the Immigration Tribunal. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276  for a telephone case assessment. --- # Home Office to increase UK Visa fees for 2016 Source: https://immigrationandvisasolicitors.co.uk/home-office-fees-will-increase-for-20162017/ *Earlier this week, The UK Government set out its proposed changes to immigration fees for 2016 to 2017. The changes are due to come into force **on 6 April 2016; these include new fees for visas, immigration and nationality applications, and associated premium services. There is a 2% rise for most fees including the short-term visitor visa and most work or study applications and a 25% increase in fees for nationality and settlement visa applications. The Home Office has said that the increases will **reduce taxpayer contributions towards the border, immigration and citizenship system and ensure that by 2019–2020 the system is self-funded by those who use it.* ## Key Changes: - As we mentioned above the fees for most applications, including short-term visit, work, and study will increase by 2%. - There is a new 2 year visit visa for Chinese nationals being introduced for £85. - The Home Office proposes to increase the fees for settlement, residence and nationality by 25%. Applications for naturalisation for adults will increase to £1,156 and child registration fees to £936. - Family and spouse visas will cost £1,195 and the maximum chargeable for these applications will be increased from £2,141 to £3,250. - Fees for all sponsorship categories will stay at the current rate.  This is good news for businesses, prospective employers and education providers who wish to make an application for a Sponsor Licence. - Targeted increases have been applied to premium services, such as the priority visa service. - New premium rate phone lines for status checks are also to be introduced costing as much as £1.23 per minute. - A new £25 fee for processing invalid applications is also proposed. At the moment, any fee paid for an invalid application is refunded. You can see the full list of proposed fees in the fees table. ## Legal Advice & Successful UK Visa Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office.  To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276  for a telephone case assessment. --- # Upper Tribunal: Indefinite Leave to Remain Revoked Source: https://immigrationandvisasolicitors.co.uk/upper-tribunal-deception-in-an-application-may-lead-to-a-revocation-of-indefinite-leave-to-remain/ *Recently the Upper Tribunal decided the case of** **Huang & Ors, R (on the application of) v Secretary of State for the Home Department (“No Time Limit” Transfer: Fraud) (IJR)** **[[2015] UKUT 662 (IAC)](http://www.bailii.org/uk/cases/UKUT/IAC/2015/662.html). The case concerns individuals who have previously provided false or incorrect information and who were initially refused their applications by the Home Office but later granted their Indefinite Leave to Remain status in the UK. These **Migrants can then stay in the UK permanently, however, in certain circumstances their indefinite leave to remain can be revoked.* ## Facts of Immigration Case The Appellants in this Upper Tribunal case were all Chinese nationals and it appears were improperly advised by corrupt Solicitors and agents to use a false identity. These applicants had their first applications refused but continued to remain in the UK. Eventually these migrants were later granted their Indefinite Leave to Remain status in the UK under the Legacy programme. Once their Indefinite Leave to Remain had been granted, the false identity became a problem. It became difficult to sponsor family members using the false identity, additionally other important official documents would also have been recorded in their original identity. Some applied for transfer of the settlement visa, a “No Time Limit” or “NTL” visa vignette, into a new passport in their true identity. Some such applications appear to have been successful. That is no longer the case, though, and the Home Office is refusing such applications and where applications are made the Home Office now revokes Indefinite Leave to Remain on the basis that the migrants had obtained leave by deception. In this Upper Tribunal case all but one involved deliberate deception. The NTL  applications were refused by the Home Office, but no consideration was given to revocation of the underlying Indefinite Leave to Remain. This was inconvenient for the Applicants who were affected as they still had Indefinite Leave to Remain but had difficulty demonstrating this. The judicial review challenge having been brought, the Home Office has unsurprisingly decided to pursue revocation in these particular cases. ## Upper Tribunal Decision The Official head note of the Upper Tribunal decision reads: - The Upper Tribunal has jurisdiction to determine a claim challenging a decision not to transfer a “No Time Limit” (NTL) vignette to a person’s new travel document. - In cases where a decision of that sort is said to be motivated by a perception that the person obtained leave by deception, the Secretary of State should rely on the process available to her for cancelling leave. For the above mentioned appellants lodging an application in their original identity seems to have been counterproductive, as they now stand to lose their immigration status. ## Home Office: Reasons to Revoke Indefinite Leave to Remain Under [Section 76 of the Nationality, Immigration and Asylum Act 2002](http://www.legislation.gov.uk/ukpga/2002/41/section/76) the Secretary of State for the Home Office has the power to revoke an applicant's indefinite leave to remain or enter in the UK if the individual: - **Is liable for deportation:** The Home Office may find a person liable to deportation if they decide that the  individual's presence is not conducive to public good. - **Has obtained leave or entered the UK by deception:**** **A person's indefinite leave to remain or indefinite leave to enter can be revoked if the Secretary of State believes that the person has used deception to obtain their stay or entered the UK by making false representations or submitting false documents (whether or not material to the application), or failing to disclose material facts. ## Contact us for a successful Settlement / Indefinite Leave to Remain Applications If your indefinite leave to remain in the UK is subject to revocation and you have been given the right to appeal our expert Immigration Solicitors and barristers can advise and represent you at your appeal hearing. Our immigration team will ensure that all the relevant points of a refusal are challenged to stop your leave being revoked. If you have not been given the right to appeal you may be able to challenge the Home Office's decision by considering a claim for Judicial Review. If your indefinite leave to remain has been revoked we can assess your matter in more detail to determine whether or not you qualify for leave in the UK in another immigration category. This may be under 'discretionary leave' or 'restricted leave'. Alternatively, a person may be subject to 'temporary leave. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone case assessment. --- # Upper Tribunal: EEA national permitted to enter the UK to attend Deportation Appeal Source: https://immigrationandvisasolicitors.co.uk/upper-tribunal-eea-national-permitted-enter-uk-attend-deportation-appeal/ *The Upper Tribunal recently decided that under certain circumstances where an EEA national  has been deported he/she should be reunited with his/her family as quickly as possible. Further that where an Appellant's removal was not justified then an Appellant's absence from the UK should not be treated as breaking the continuity of any residence relevant for the right of permanent residence* in the case of *Gheorghiu (reg 24AA EEA Regs – relevant factors)* [[2016] UKUT 24 (IAC)](http://www.bailii.org/uk/cases/UKUT/AAC/2016/24.html). ## Facts of EEA Case The Appellant in this case was a Romanian national who was residing and working in the UK since 2002. The Appellant lived in the UK with his wife and three children who had entered the UK to join him more recently in 2013 and 2014. In June 2014 it seems the Home Office  became aware that he had been convicted of rape in 1990 in Romania and of three forestry offences between 2001 and 2002. The Appellant received a custodial sentence of more than 6 years for his convictions.  On 28 January 2015 the Home Office decided to deport the Appellant due to the serious nature of his offences. It was assessed that the Appellant posed a threat to public policy and that his deportation was therefore proportionate under regulation 21 of the Immigration (EEA) Regulations 2006 (the Regulations).The Home Office found the Appellant's case totally without merit under regulation[ 24AA of the Immigration (EEA) Regulations 2006 (the Regulations)](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/493198/Regulation_24AA_of_the_Immigration.pdf). The Appellant was detained and subsequently removed in March 2015 before an appeal took place. The Appellant then made an application under paragraph 29AA of the Immigration (EEA) Regulations 2006 to attend his immigration appeal but his application was refused. The appeal went ahead without him and the appeal against the deportation was allowed in the Appellant's favour. The Judge in the First-tier Immigration Tribunal held: > 'The fact that the appellant has committed previous offences is not a matter which can solely justify deportation; there is no evidence which leads me to find that he is a genuine, present and sufficiently serious threat to one of the fundamental interests of society; his present conduct in the last seven years, has been that of a law abiding and working member of United Kingdom society, exercising treaty rights as a worker. I do not find that deportation is justified on imperative grounds of public security, because there is no evidence which shows that he represents a genuine, present and sufficiently serious threat to public security. The threshold of imperative grounds is a high level of justification for deportation, and I find that the decision made by the respondent in this case has not reached that level." ## Home Office Appeal The Home Office then appealed against this decision. The Upper Tribunal did find the First-tier judge had erred in law in finding that the Appellant had been lawfully resident for ten years as the facts and law did not support this conclusion. However, the Upper Tribunal found that this did not affect the outcome of the appeal , as the Appellant clearly acquired the right to reside in the UK permanently. The Upper Tribunal dismissed the Home Office appeal. ## Immigration Tribunal Decision The Upper Tribunal having dismissed the Home Office appeal decided the Appellant should be reunited with his family as quickly as possible, the Appellant's removal was not justified and should not be treated as breaking the continuity of any residence relevant for the right of permanent residence by his wife and children. It was also reiterated that the Appellant himself was entitled to permanent residence on his return and a residence card. ## Impact on EEA Nationals The Upper Tribunal in their decision went on to consider the circumstances in which an EEA national who has been deported before the outcome of his or her appeal is known might be re-admitted to attend his or her appeal hearing. At paragraph 22 Blake J found: We have no doubt that if an application to suspend certification enabling pre-appeal removal were made in an EEA case, the judge would take due account of the following factors: > (i) an EEA national exercising Treaty rights of employment and residence in an EEA state at the time of the removal decision are significantly different from those of aliens generally; interference with the right of residence is not permitted unless there is a serious and present threat...that cannot include...a general deterrence or the interest of maintaining purely domestic immigration control; > > (ii) that removal pending appeal of a principal wage earner of a family who is both a spouse and a parent of a minor child involved in the child’s daily life is itself an interference with both the right to respect for family life under Article 8 and the Fundamental rights and the EU right of residence; > > (iii) in cases of serious criminality, if there is no evidence of continuing risk to the public, the case for removal may not be a strong one; where there is some evidence of risk that is being addressed and rehabilitation of the offender is promoted by the family and employment circumstances in an EEA state, then in the case of people entitled to permanent residence, substantial weight may be afforded to the duty to promote rehabilitation; > > (iv) in cases where the central issue is whether the offender has sufficiently rehabilitated to diminish the risk to the public from his behaviour, the experience of immigration judges has been that hearing and seeing the Appellant give live evidence and the enhanced ability to assess the sincerity of that evidence is an important part of the fact-finding process. ## UK Immigration Legal Advice for EEA National Appeals Choosing the right law firm from the beginning will not only allow for an easy mind in preparing for an application, but will also mean that in the long run applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Appeal by providing you with advice from our leading team of barristers before your matter even reaches the Immigration Tribunal. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276  for a telephone case assessment. --- # MAC makes Recommendations for Tier 2 Visa Route Source: https://immigrationandvisasolicitors.co.uk/mac-review-of-uk-tier-2-visa/ *Earlier this week, the Migration Advisory Committee (MAC), a UK Government Public Body published its review of the Tier 2 route of the Points Based System (PBS) and made [recommendations](https://www.gov.uk/government/publications/migration-advisory-committee-mac-review-tier-2-migration) with a view to restrict the number of skilled workers coming to the UK from outside the European economic area (EEA). These latest set of MAC proposals will be detrimental to many UK businesses as they increasingly rely on the skills of overseas workforce. A spokesman from MAC has stated that there is no schedule for the government to consider implementing its recommendations however the home office has reportedly thanked the committee and is said to be “considering" the outcome of its studies. We have outlined some of the new proposals below. * ## Proposed Changes to Tier 2 Visa Applications These proposed changes come following the Home Office's request in June last year for the MAC to conduct a wider review of the Tier 2 visa route. The UK government has pledged to bring down the number of migrants coming through a Tier 2 visa, and according to government figures, net migration stood at 336,000 for the year ending June 2015.  The new migration proposals, are estimated to bring down Tier 2 visa migration by 20%.  MAC's key recommendations are as follows: - Raising the overall minimum salary threshold to £30,000 for both Tier 2 (General) and short-term Tier 2 Intra-Company transfers (ICT). - For new entrants within Tier 2 General and the Graduate Trainee route within Tier 2 ICT route the threshold would be raised to £23,000. - To impose an Immigration Skills Charge (ISC) of an extra £1,000 per Tier 2 migrant per year; and to introduce an NHS Surcharge for ICT’s. - To extend the qualifying period of employment with an overseas company for Tier 2 ICT from 12 months to 2 years for the short-term and long-term routes. - Further administrative burden with a proposal for more detailed job descriptions for Tier 2 ICT applications including skill requirements. - That those looking to switch their visa to the Tier 2 route within the UK should be subject to the Resident Labour Market Test (RLMT) and included in an expanded Tier 2 limit. - A new Tier 2 ICT route for third-party contracting which includes raising the minimum earnings threshold to £41,500, will especially hit those hard that rely on overseas contracts, particularly the IT industry. - Further, MAC is calling for a more in-depth review of skills shortages within the IT industry. They may recommend the use of the Resident Labour Market Test (RLMT) to third-party contacting route and limit the proportion of Tier 2 migrants to each organisation, which will significantly damage to the future talent available to UK tech organisations unless managed carefully. - MAC also recommends that the Home Office and HMRC should look into the issue of allowances and payment of national insurance contributions. ## Tier 2 migrants boost UK Economy The Home Office proposals could have a significant impact on the UK economy as the points based system creates business opportunities for the UK. The Tiers 1, 2 and 4 Applicants who currently come to the UK are providing the UK economy with a boost. Obtaining a points based UK visa is far from a straightforward process involving referencing not only the immigration rules but also supplementary guidance notes. Together with ensuring that the bundle of supporting documents meets the Home Office’s changing requirements and properly evidences each application. [Adam Marshall](http://www.independent.co.uk/news/uk/politics/migrant-earnings-threshold-would-leave-firms-struggling-to-fill-key-jobs-business-chiefs-warn-a6821871.html), executive director of policy at the British Chambers of Commerce has commented that: > “With businesses reporting severe recruitment difficulties, especially for highly-skilled and specialised positions, it makes no sense to slap new charges on firms that need to recruit from overseas - often because they are left with little alternative due to skills gaps here at home” ## UK Immigration Advice for Tier 2 Visa Applicants [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the continuous changes in the law as well as the merits of your application by providing you with advice from our leading team of solicitors and barristers before your matter even reaches the Home Office. If you require assistance with a Tier 2 visa application our team will guide you through the process of making an application step by step and limit the possibility of failure by complying with the strict letter of the law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone case assessment. --- # UK Court of Appeal: Burden of Proof rests with Home Office Source: https://immigrationandvisasolicitors.co.uk/court-of-appeal-again-rules-that-burden-for-proving-marriage-of-convenience-rests-with-home-office/ *The Court of Appeal recently decided that where an applicant has had an application refused on the basis of  entering into a sham marriage with an EEA national then the burden of proof in demonstrating that assertion rests with the Home Office. This is no surprise and reaffirms the earlier case of [Agho](http://www.bailii.org/ew/cases/EWCA/Civ/2015/1198.html) where the Court of Appeal similarly found that the burden of proving that an Applicant is in a sham marriage rests with the Home Office. * ## Facts of Case The more recent case of  [*Rosa v Secretary of State for the Home Department* [2016] EWCA Civ 14](http://www.bailii.org/ew/cases/EWCA/Civ/2016/14.html) involved a Brazilian national who married a Portuguese national and began living in the UK in October 2008. The Portuguese national 'was arrested at Heathrow Airport on suspicion of importing cocaine, an offence to which he subsequently pleaded guilty. He was sentenced to five years' imprisonment, from which he was released in September 2011. Prior to his release a decision was taken to deport him, but he appealed successfully to the First-tier Tribunal against that decision. The Brazilian national (Rosa) in this case gave evidence to the tribunal in support of the EEA national's appeal'. In April 2012 the Brazil national made an application for a residence card under the Immigration (European Economic Area) Regulations 2006 ("the EEA Regulations") as an EEA national's spouse. Her application was refused by the Home Office, on the ground that her marriage to the EEA national was a "marriage of convenience". ## EEA Regulations for Residence Card The EEA legislation governing the issue of a residence card and burden of proof on the issue of marriage of convenience are as follows: - The Home Office must issue a residence card to a person who is not an EEA national but is the family member of a qualified person or of an EEA national with a permanent right of residence where they provide - (a) a valid passport; and - (b) proof that the applicant is the family member of an EEA national. The Regulation also make provisions for who is to be treated as a "family member" for these purposes in this case, the spouse of an EEA national provided that spouse'does not include … a party to a marriage of convenience. ## Court of Appeal Decision On the facts of the above mentioned case the fact that there was a legal error concerning the duty to discharge the legal burden, in this particular case the Court of Appeal reiterated (applying previous cases) that the burden to prove that a marriage is one of convenience lies with the Home Office. The Court also concluded that whether a marriage is one of convenience depends on the intentions of the parties at the date of the marriage, not on whether the relationship is later genuine and subsisting. The assessment in relation to a marriage of convenience should be on the intention of the parties at the time the marriage was entered into, whereas the question whether a marriage is subsisting looks at whether the relationship is a continuing one. ## Successful EEA Residence Card Applications & Appeals The European Economic Area Regulations 2006 law permits family members of EEA nationals (including unmarried partners) to reside in the UK with their EEA national partners. In order to assess whether a relationship meets the provision of the Immigration Rules, the Home Office expects that Applicants demonstrate this with documentary evidence. Obtaining a Residence Card can be a difficult process involving referencing not only the EEA regulations but also supplementary guidance notes. Choosing the right law firm from the beginning can ensure the correct applications are made from the outset this will not only allow for an easy mind in preparing for an application, but will also mean that in the long run applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. Many Applicants make the mistake of providing insufficient documentation and thus fail to evidence their recognised entitlement to a Residence Card. Our team of experienced and professionally qualified solicitors and barristers (regulated by the Solicitor’s Regulation Authority) will be able to guide you through the Residence Card application and appeals process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276. --- # Upper Tribunal: Out of Country Appeal for Appellants Source: https://immigrationandvisasolicitors.co.uk/5797-2-3/ *As previously reported in July 2015 Justice Beatson heard the case of R (On the Applications of Mehmood & Ali) v Secretary of State for the Home Department [[2015] EWCA Civ 744](http://www.bailii.org/ew/cases/EWCA/Civ/2015/744.html) and reviewed the Home Office invalidation of appellants’ leave by giving them an out of country right to Appeal. This has now been revisited by the Upper Tribunal more recently in the case of [Miah, R (on the application of) v Secretary of State for the Home Department (IJR) [2016] UKUT 23 (IAC) (18 November 2015)](http://www.bailii.org/uk/cases/UKUT/IAC/2016/23.html). *Many Applicants are unaware that an incorrect decision may have been made in their case and that they may be entitled to an in country right of appeal. ## Facts of Miah The case of [Miah, R (on the application of) v Secretary of State for the Home Department (IJR) [2016] UKUT 23 (IAC) (18 November 2015)](http://www.bailii.org/uk/cases/UKUT/IAC/2016/23.html) involved a Tier 4 student who did not have permission to work and was found to be in breach of his conditions of stay by the Home Office. The Home Office had accused the Tier 4 student of working and a Home Office removal decision was given to him. The Tier 4 student lodged a Judicial Review Application against the Home Office decision to remove him from the UK. ## The Upper Tribunal Appeal Decision Upper Tribunal Judge Blake concluded as per the case of (On the Applications of Mehmood & Ali) v Secretary of State for the Home Department [[2015] EWCA Civ 744](http://www.bailii.org/ew/cases/EWCA/Civ/2015/744.html)) that there was an alternative remedy; that is an out of country appeal. This had not been raised by the Home Office until very late in the immigration proceedings and the immigration Tribunal reduced the costs to be awarded to the Home Office from £2,200 to £500. The Judge sitting in the Upper Tribunal was also extremely critical of the solicitors who represented the Applicant, commenting: > Mr Miah will have to pay his own costs of the application, but doubtless his advisers will have to consider whether a discount is appropriate by reason of their own apparent failure to grapple with the decided law and advise him appropriately. The Judge then highlighted the importance of a skeleton argument along with a bundle of supporting documents which are at times prepared incorrectly by Solicitors. ## Serious Irreversible Harm Test: In Country Appeals Appellants who are served with an out of country right of Appeal are often completely unaware of what is known as the 'serious irreversible harm test'. This test may reverse an out of country right of Appeal to an in country right of appeal for many Appellants. [The Immigration Act 2014 ](http://www.legislation.gov.uk/ukpga/2014/22/contents/enacted) is particularly important when considering this test as it has created the power to allow Appellants subject to deportation; ‘primarily foreign criminals, to be deported first and forced to appeal after their removal…from outside the UK’. However there are exceptions to such a rule and that is where migrants may be faced with what has been termed a ‘serious irreversible harm or a breach of human rights’ if they were to be deported without an in country right of appeal. Under this threshold the Home Office explains that a person will be able to appeal from within the UK under the following circumstances: - ‘where an asylum claim has been refused’ (provided it has not been certified); - ‘where a human rights claim has been refused’ (provided it has not been certified) and; - ‘where there is a real risk of serious irreversible harm or other breach of human rights if the person is removed before the appeal.’ If the above criteria does apply to a migrant then the person cannot be removed from the UK before their appeal has been determined. In situations such as these an out of country right of Appeal can be reversed to provide Applicants with an in country right of appeal. ## Choosing the Right Immigration Lawyers There is often a misconception by  students, businesses, entrepreneurs and investors alike that law firms without specialisation in immigration law will be in a position to handle the complexities that follow the immigration process. Immigration tribunals are flooded with Applicants who are left vulnerable by what is now a shockingly familiar and depressing pattern in which legal representatives demonstrate a remarkable lack of knowledge and complete disregard for the substantive and procedural rules governing immigration law. A lack of knowledge demonstrated by some law firms means immigration applications are often made in an incorrect way or with incorrect documents at the initial stage. These may then be immediately rejected by the Home Office and (unlike a refused application which can carry a right of appeal) deemed invalid. This could leave an applicant in muddy waters as they may well find themselves in detention facing imminent removal and if not in detention they may be deemed an overstayer unless corrective action is taken. This can cause unnecessary delay for employers who do not have the benefit of specialised and professional legal advice. Many Applicants also make the mistake of providing insufficient documentation and thus fail to evidence their recognised entitlement to a right of Appeal. Choosing the right law firm from the beginning can ensure the correct applications are made from the outset this will not only allow for an easy mind in preparing for an application, but will also mean that in the long run sponsors and businesses will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. ## Immigration Advice from Experienced and Professionally Qualified Immigration Solicitors and Barristers [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone case assessment. --- # UK Immigration: Importance of Tier 1 Investor Visa Route Source: https://immigrationandvisasolicitors.co.uk/calling-all-tier-1-investors/ *Recently in a proposed amendment to the [2015 Immigration Bill](https://web.archive.org/web/20221209141403/https://publications.parliament.uk/pa/bills/lbill/2015-2016/0079/amend/su079-II-c.htm) Baroness Hamwee and Lord Paddick suggested an abolition of the Tier 1 (Investor) visa. Their proposal may mean the route will have to be used by new applicants as soon as possible should they wish to make an application under the Tier 1 (Investor) route in the UK.  It is not clear whether this proposal will be implemented however what is clear are the economic benefits that the UK sees from the Tier 1 (Investor route). We consider the importance of the Tier 1 (Investor) route for the UK economy below. We suggest Tier 1 investors considering investing in the UK make their applications sooner rather than later.* ## Improvements to Investor Visa Route It is not clear whether this proposal will be implemented however there have been concerns in the past about applicants whose wealth was viewed with suspicion by the Home Office.The scrutiny with which Tier 1 investor applications are viewed means it is unlikely that concerns will remain. Our solicitors form the view that the proposal should not be implemented. Our view is that the Home Office already has stringent requirements in place which require thorough assessments to be completed in respect of the source and origin of funds by UK banks. Additionally we calculate that the investment and revenue generated in tax by far outweighs the vague concerns and suspicions the Home Office have as far as this category is concerned. The Tier 1 visa investor route is therefore an attractive route to obtaining permanent residence in the UK with a requirement of only one year of permanent residence to become eligible for British Citizenship. This is of course subject to security and character checks. ## Tier 1 Investment Visa Criteria The immigration rules in respect of Tier 1 Investor visas, were significantly changed in November 2014. The previous rules stated: investor visa applications approved before 6 November 2014: you will need to show that you: - have at least £1,000,000 under your control in the UK; - have invested at least £750,000 (or 75%) of that in UK government bonds, share capital or loan capital in active UK companies; - invested this sum within 3 months of your ‘investor start date’. investor visas applications approved on or after 6 November 2014:  you will need to show that you: - have at least £2,000,000 under your control in the UK; - have invested those funds in UK government bonds, share capital or loan capital in active UK companies; - invested this sum within 3 months of your ‘investor start date’. Investors may be able to include any dependants who are on their visas in an application to extend – including children who have turned 18 during their stay in the UK. ## Successful Tier 1 (Investor) Visa Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers welcome Tier 1 investors and are pleased to see the extensive due diligence undertaken by the Home Office to enable Tier 1 visa investors to come to the UK.  Tier 1 investor applications and  the investment opportunities they provide for the UK are in complete harmony with the spirit of the Tier 1 category which is to boost the UK economy. We are regularly instructed by Tier 1 (investors) and entrepreneurs and undertake [a detailed review for ](https://immigrationandvisasolicitors.co.uk/)Applicants and will be able to guide you through the process of making a [Tier 1 (investor)](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) visa application step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 1 (investor) visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # Home Office Update: Registered Traveller Scheme for UK Visitors Source: https://immigrationandvisasolicitors.co.uk/home-office-changes-registered-travellers-scheme-visitors-uk/ *Previously on 24 September 2013, Mark Harper, Minister for Immigration, announced a new [‘Registered Traveller’ pilot scheme](https://www.gov.uk/registered-traveller-scheme) for some travellers from outside the European Economic Area (EEA). The scheme was initially opened to a few selected nationals and only operated at Heathrow and Gatwick airports in the UK. The scheme permitted travellers to use the UK/EEA channels at border control and meant such travellers did not need a landing card. The Home Office has now made changes to the travellers schemes which means more applicants can apply for a 'Registered Travellers' service to get through UK border control faster.* ## Eligibility for Registered Traveller Scheme In order to join the scheme, previously the applicant had to be: - Be a national of Australia, Canada, Japan, New Zealand or the United States of America; - Be aged over 18; - Have visited the UK at least 4 times in the last 52 weeks; - Have been registered for the IRIS immigration system; and - Be coming to the UK as a visitor (including business visitors). This has now been extended to: - nationals from Hong Kong (for those with a SAR passport); - South Korea; - Singapore; - Taiwan (the passport must show the personal ID number on the photo page). - The categories of applicants will now also include all visa holders except the Tier 5 (Sporting & Creative Concessions), those who hold EEA family permits and applicants with discretionary leave outside the immigration rules. The other change is that it is now available to visitors who have visited the UK at least four times in the previous 26 weeks (previously this was 52 weeks).The number of UK ports offering the travellers scheme has also expanded and now includes; Gatwick, Heathrow, Birmingham, East Midlands,Brussels, Lille and Paris (Rail Terminals)Manchester ,Edinburgh, Glasgow, London City, Stansted and Luton. ## Benefits of Registered Traveller Scheme The Home Office’s Registered Traveller Scheme is  which the UK government intends to use to  improve the way regular visitors can pass through the UK’s border. The scheme offers the following benefits to travellers who are able to participate in the scheme: - Travellers will be able to access expedited clearance processes at the above mentioned UK ports similar to those enjoyed by UK/EEA nationals; - Travellers will not need to complete landing cards if they fly into the above mentioned UK ports and; - Travellers will be able to use the UK/EEA channels at border control. ## Our team of Experienced and Professionally Qualified Immigration Solicitors and Barristers There is often a misconception by Applicants that law firms without specialisation in immigration law will be in a position to handle the complexities that follow the immigration process. Immigration tribunals are flooded with Applicants who are left vulnerable by what is now a shockingly familiar and depressing pattern in which legal representatives demonstrate a remarkable lack of knowledge and complete disregard for the substantive and procedural rules governing immigration law. Choosing the right law firm from the beginning will not only allow for an easy mind in preparing for an application, but will also mean that in the long run Applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for telephone case assessment. --- # Upper Tribunal allows Adult Dependent Relative Visa Appeal Source: https://immigrationandvisasolicitors.co.uk/upper-tribunal-allows-adult-dependent-relative-visa-appeal/ *The Upper Tribunal recently dismissed the Home Office’s appeal and upheld the judgement of the First tier Tribunal's decision to allow the application in the case of [Dasgupta (](http://www.bailii.org/uk/cases/UKUT/IAC/2016/28.html)error of law – proportionality – correct approach) [2016] UKUT 28 (IAC) (11 December 2015). The Appellant had made a visa application as an Adult Dependent  Relative which was refused in 2013 by the Home Office, however the Upper Tribunal allowed the appeal in the Appellant's favour as **they found that his Article 8 rights were engaged and that the Home Office decision was a disproportionate interference with the family life of the Appellant and therefore infringes Article 8 ECHR.* ## Facts of Case The Appellant in this case was an 85 year old widower residing in his home country and he suffered from Glaucoma and Ischemic heart disease. The Appellant had made regular visits to his daughter and grandchildren in the UK and vise versa they had travelled to India to visit the Appellant on a number of occasions.  The Appellant’s daughter was a doctor in the NHS and she had undertaken in writing that she would be fully responsible for the maintenance, accommodation and care of the Appellant in the United Kingdom for a period of 5 years. The Appellant made a visa application as an Adult Dependent Relative which was refused in 2013. An ensuing appeal to the First-tier Tribunal (the " FTT") was successful under Article 8 ECHR outside of the UK immigration rules. Unhappy with this decision the Home Office appealed to the Upper Tribunal. ## First-tier & Upper Tribunal's Determination The Immigration Judge in the First-tier Tribunal held that this matter fell beyond the scope of the prescribed immigration rules and it was clear that the Appellant did not meet the same. However, the immigration Judge, following persuasive submissions from Counsel, found that the Appellant's Article 8 rights had been engaged. Taking into consideration the relevant case law, the learned Judge allowed the Appellant's appeal. FTT Commented: > *I find that there are such exceptional circumstances here, particularly the fact that there are children that are affected and also the cultural aspects. I find that the decision is a disproportionate interference with the family life of the Appellant and the sponsor and her children and therefore infringes Article 8 ECHR*." Upper Tribunal Commented: > We can detect no error of law in the conclusion reached by the FtT on the issue of proportionality. Neither the decision making process of the FtT nor its outcome discloses any such error. We remind ourselves that the focus of the Secretary of State's challenge was the sufficiency of reasons and evidence underpinning the impugned conclusion. For the reasons explained above, this challenge is not made out. ## Expert Immigration Appeal Solicitors If you have had a visa application refused and you have been given the right to appeal, contact our expert immigration team for legal advice. Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through your appeal process step by step and limit the possibility of failure by complying with the strict letter of the law. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our legal case assessment form and we will get in touch or call us now on 02030110276 for a telephone assessment. --- # ECJ releases Zimbabwean foreign criminal & criticises Home Office Source: https://immigrationandvisasolicitors.co.uk/ecj-releases-zimbabwean-foreign-criminal-criticises-home-office/ *The High Court recently considered the case of R (on the application of Babbage) v Secretary of State for the Home Department [[2016] EWHC 148 (Admin)](http://www.bailii.org/ew/cases/EWHC/Admin/2016/148.html) Mr Justice Garnham sitting in the High Court released a detained Zimbabwean foreign criminal. In his judgement, he was extremely critical of the conduct of Government lawyers acting for the Home Office. The case has received a lot of attention in the [media](http://www.theguardian.com/uk-news/2016/feb/01/judge-orders-release-of-zimbabwean-criminal-who-cannot-be-deported) and what is crucial in the Claimant's matter is the inability of the Home Office to remove him from the UK. We consider Mr. Babbage's case in more detail.* The Zimbabwean authorities do not accept the return of a claimed Zimbabwean national who does not have a passport and who does not wish to  return, this is the case for a number of countries and is not limited to Zimbabwean authorities. The Claimant had no right to remain in the UK, had committed serious offences in the UK and his home country did not accept his return as he did not have a passport nor did he wish to return voluntarily. The Judge went on to comment that if released the Claimant is likely to abscond and to commit further offences. The legal question which arose before the immigration Judge was  whether the Home Office could justify the Claimant's continued detention when he had made it clear he did not agree to his return home. ## The Judge's Decision The Judge's answer to the legal question as to whether the Home Office could justify the Claimant's continued detention was a "no". The Judge therefore ordered the Home Office to release the Claimant from detention by 4pm the day following the end of the proceedings. The Judge commented that his primary reason for doing so was that > there have been no reasonable prospects of returning the Claimant to Zimbabwe since, at least, August 2015. The Judge was extremely critical of the conduct of the Government lawyers. The civil servants who had conduct of the case had disclosed the relevant documents in full to the Government Legal Services. The Government Legal Service had then decided not to disclose those documents to the court or the claimant. The civil servants had decided among themselves what was specifically relevant to the hearing. The Judge considered the proper approach in determining disclosure to the Court. He held: > It is wholly unacceptable for those acting for the Secretary of State to ignore or disregard the orders of the Court. Furthermore, once a Judge of this Court has identified specific documents which are required to be disclosed, there is no basis for the exercise of any discretion by the Home Office’s advisers. If the document falls within the class covered by the Order, it must be disclosed. > > In particular, it is not open to the Secretary of State, or her advisers, to decide that some of the documents falling within the category made subject to the Order ought to be redacted to protect some interest of the Home Office or because they do not appear, to the Secretary of State, to be relevant to the issues in the case. The Order of the Court determines relevance and disclosability. > > If it is thought that there are grounds on which material covered by the Court Order should be redacted before it is disclosed to the other party (or, conceivably, even to the Court) then a proper application should be made for the Order to be varied to accommodate that concern. What must never happen is that those acting for the Secretary of State (or any other party) decide, off their own bat, not to disclose material subject to an order of the court because they Judge it irrelevant. The Judge held that the Home Office was therefore in breach of repeated orders by the court. The Judge commented that he was “extremely concerned about the attitude of the Secretary of State, or alternatively her advisers, towards the supply of documents necessary for the resolution" of the case. ## Challenging A Home Office Deportation Order The process of deportation is justified on the basis that it is for the public good and that this should outweigh the interest of the individual in question – unless the deportation breaches that individuals rights under the Human Rights Act 1998. Deportation can be challenged if it is contrary to the United Kingdom’s obligations under the Refugee Convention or ECHR.  Regard may also be had to other relevant factors which constitute exceptional circumstances. There are two fundamental rights which could be breached when a deportation order is granted are the following Article 3 Human Rights Act 1998 which states that no one shall be subjected to torture or to inhuman or degrading treatment or punishment and/or article 8 Human Rights Act 1998 which states the following everyone has the right to respect for his private and family life, his home and his correspondence and no public authority can interfere with the exercise of that right. ## Our team of Experienced and Professionally Qualified Immigration Solicitors and Barristers A lack of knowledge demonstrated by some applicants and law firms means immigration applications are often made in an incorrect way or with incorrect documents at the initial stage. These may then be immediately rejected by the Home Office and (unlike a refused application which can carry a right of appeal) deemed invalid. This could leave an applicant in muddy waters as they may well find themselves in detention facing imminent removal and if not in detention they may be deemed an overstayer unless corrective action is taken. Choosing the right law firm from the beginning will not only allow for an easy mind in preparing for an application, but will also mean that in the long run applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment. --- # Home Office pays £40,000 to the Primary Carer of an EEA national Source: https://immigrationandvisasolicitors.co.uk/home-office-pays-40000-in-damages-for-delay-in-issuing-eu-residence-documents/ *Following the judgment of [R (on the application of Zewdu) v The Secretary of State for the Home Department [2015] EWHC 2148 (Admin) (09 June 2015)](http://www.bailii.org/ew/cases/EWHC/Admin/2015/2148.html), the Home Office agreed has to pay the non EEA national Claimant a sum of £40,000 as damages due to a 19 month delay in providing her with her EU residence documents.The Claimant in this case was a carer for a British citizen and relied on the principle in 'Zambrano'. We consider her case in more detail below.* ## The Facts The Claimant in this matter concerned a non-European Economic Area (EEA) national who entered the UK in 2003 and following her relationship with a British man she gave birth to a British citizen child in 2009. The Claimant's relationship with the father of the child broke down and the British national father left the UK and moved to Jamaica in 2012. The Claimant relied on the the Zambrano C-34/09 judgment of the Court of Justice of the European Union. The principle in 'Zambrano' enables non-EEA nationals who are the carers of British citizens the right to reside and work in the UK, as without their support and earnings it must be assumed that the British citizen would have to leave the EEA with their carers. The Home Office agreed that the non-EEA national was the sole carer of her British child and that as per the Zambrano case she should be permitted to remain in the UK. The Claimant's case was accepted and she was granted 30 months Discretionary Leave to Remain. The Home Office delayed the non-EEA national's matter and failed to provide her with her derivative rights residence card for 19 months. It is unclear as to how the damages in this case were calculated but what is particularly interesting is that the claimant in this matter; - did not have lawful status before she was granted DLR; and - was able to work throughout the 19 month period of delay because she had been granted DLR, and had not suffered any direct direct financial loss as a result of the Home Office delay. ## What this means for EEA and Non-EEA National Applicants This case is particularly significant as it established that Applicants who face any unlawful delay in receiving their residence documents could be entitled to damages from the Home Office. The Home Office confirmed that it would pay for damages where there has been an unlawful delay in providing anyone with a Certificate of Entitlement and thereafter, a Residence Card. This case could therefore be of benefit to thousands of Applicants who may have suffered financial losses as a direct result of a Home Office delay. This can usually occur where the Home Office has failed to provide written confirmation as to whether an Applicant has the right to work whilst awaiting the conclusion of their matter. According to the EEA Regulations; non-EEA nationals who are the family members of '[qualified](http://www.legislation.gov.uk/uksi/2006/1003/made)' EEA nationals (who are exercising their treaty rights in the UK) have a right to reside in the UK. If the Home Office receives such an application then it must provide a Certificate of Entitlement so that a non-EEA national can work and live in the UK until their matter is decided. The Home Office must then provide Applicants with a decision in respect of their application within a six month period. ## Successful EEA Residence Applications Choosing the right law firm from the beginning can ensure the correct EEA applications are made from the outset this will not only allow for an easy mind in preparing for an application, but will also mean that in the long run Applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. [Our team ](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/)of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/) form and we will get in touch or call us now on 02030110276  for a telephone assessment case assessment. --- # Home Office Removes Appellant & Claims Appeal Abandoned Source: https://immigrationandvisasolicitors.co.uk/home-office-mistakenly-removes-appellant-and-claims-appeal-abandoned/ *The High Court recently considered the case of [SR (Algeria) v Secretary of State for the Home Department [2015] EWCA Civ 1375](http://www.bailii.org/ew/cases/EWCA/Civ/2015/1375.html) (17 December 2015). The case concerned an Algerian national who had in-country immigration appeal but was involuntarily removed by the Home Office to Algeria. The Home Office having removed the Algerian national against her will then argued that she had abandoned her appeal. The Court of Appeal was less than impressed with the Home office’s position and concluded the matter in favour of the Algerian national **and held that she had not abandoned her appeal as claimed by the Home Office. ​ * ## UK Immigration Rules The Home Office alleged that the Algerian national had abandoned her appeal as per section 92(8) of the Nationality, Immigration and Asylum Act 2002 as per the Immigration Act 2014, which reads: > An appeal under section 82(1) brought by a person while he or she is in the United Kingdom shall be treated as abandoned if the appellant … (b) leaves the United Kingdom. ## Court of Appeal Decision The Court of Appeal was less than impressed with the Home office’s position and concluded that s.92(8) is only relevant where there is a *voluntary departure from the UK*, not an involuntary one. Sales LJ gave the following reasons for his decision: > (i) To my mind, as a matter of ordinary usage, the word “leaves” has a strong connotation of an action being taken by an agent on a voluntary basis (e.g.”The protester did not leave the building but was removed from it by a security guard”); > > (iii) Rule of law considerations in this context support the same conclusion. In a state governed by the rule of law, where the state itself is the subject of ongoing litigation, it would breach rule of law principles for the state to be able to defeat the litigation not by defending it on the merits before a court or tribunal, but by physically removing the opposing party so that she is prevented from bringing her claim before a court or tribunal...Accordingly, Parliament must be taken to have intended to use the word “leaves” in the narrow sense referred to above, where it is the voluntary act of the appellant which has the stated effect of the appeal being abandoned; > > (v) ...the natural interpretation of the word “leaves” in this context is that it connotes voluntary action on the part of the appellant in question. Sales LJ having given his lengthy reasons allowed the matter in the Appellant's favour. ## Serious Irreversible Harm Test: In country Right of Appeal Some Appellants who are served with an out of country right of Appeal are often completely unaware of what is known as the 'serious irreversible harm test'. This test may reverse an out of country right of Appeal to an in country right of appeal for many Appellants. [The Immigration Act 2014 ](http://www.legislation.gov.uk/ukpga/2014/22/contents/enacted) is particularly important when considering this test as it has created the power to allow Appellants subject to deportation; ‘primarily foreign criminals, to be deported first and forced to appeal after their removal…from outside the UK’. However there are exceptions to such a rule and that is where migrants may be faced with what has been termed a ‘serious irreversible harm or a breach of human rights’ if they were to be deported without an in country right of appeal. Under this threshold the Home Office explains that a person will be able to appeal from within the UK under the following circumstances: - ‘where an asylum claim has been refused’ (provided it has not been certified); - ‘where a human rights claim has been refused’ (provided it has not been certified) and; - ‘where there is a real risk of serious irreversible harm or other breach of human rights if the person is removed before the appeal.’ If the above criteria does apply to a migrant then the person cannot be removed from the UK before their appeal has been determined. In situations such as these an out of country right of Appeal can be reversed to provide Applicants with an in country right of appeal. ## Choosing the Right Immigration Lawyers There is often a misconception by  students, businesses, entrepreneurs and investors alike that law firms without specialisation in immigration law will be in a position to handle the complexities that follow the immigration process. Immigration tribunals are flooded with Applicants who are left vulnerable by what is now a shockingly familiar and depressing pattern in which legal representatives demonstrate a remarkable lack of knowledge and complete disregard for the substantive and procedural rules governing immigration law. A lack of knowledge demonstrated by some law firms means immigration applications are often made in an incorrect way or with incorrect documents at the initial stage. These may then be immediately rejected by the Home Office and (unlike a refused application which can carry a right of appeal) deemed invalid. This could leave an applicant in muddy waters as they may well find themselves in detention facing imminent removal and if not in detention they may be deemed an overstayer unless corrective action is taken. This can cause unnecessary delay for employers who do not have the benefit of specialised and professional legal advice. Many Applicants also make the mistake of providing insufficient documentation and thus fail to evidence their recognised entitlement to a right of Appeal. Choosing the right law firm from the beginning can ensure the correct applications are made from the outset this will not only allow for an easy mind in preparing for an application, but will also mean that in the long run sponsors and businesses will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. ## UK Immigration Advice [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone case assessment. --- # Home Office Update: Employer’s Right to Work Checks Source: https://immigrationandvisasolicitors.co.uk/home-office-updates-on-right-to-work-checks-for-uk-employers/ *The Home O**ffice has recently published a [new guidance note](https://www.gov.uk/government/publications/biometric-residence-permits-overseas-applicant-and-sponsor-information) on what a biometric residence permit (BRP) is, what it can be used for, and how employers can check that prospective employees have a right to work in the UK.** The new guidance note is aimed at UK visa applicants, employers and their sponsors and it explains how the changes to BRPs affect the responsibility of employers to prevent illegal working and how an employer should carry out right to work checks.* ## Employer and Sponsors' Responsibility to Prevent Illegal Working If you are an employer and your employee wishes to start work upon their arrival in the UK (i.e within 10 days), they will need to show you the vignette in their passport which they used to travel to the UK. You will then need to conduct a [full right to work check](https://www.gov.uk/check-biometric-residence-permit) on the basis of this vignette, which must be valid at the time of the check. However, as the vignette will expire 30 days from issue, you will have to repeat the check using the BRP to ensure that you have carried out the relevant check. Under UK’s current Immigration Rules, an employer may be liable for a civil penalty if they employ someone who does not have the right to undertake the work in question. The Home Office expect employers to take their duty to prevent illegal working in the UK seriously and require employers to carry out prescribed document checks on people before employing them to ensure that they are lawfully allowed to work. These checks should be repeated in respect of those who have time-limited permission to work in the UK. ## How does the BRP affect Employers and Sponsors Checks? Employers must ensure they take reasonable steps to check any documents presented by potential employees including the following; - Look at the permit carefully to ensure it has not been tampered with and is in good condition; - Check the permit number to ensure it starts with 2 letters and is followed by numbers and look carefully to make sure that the permit number is not raised; - Check that the holder’s image matches the person presenting it ; - Check the features at the back which has a raised design incorporating the four national flowers of the UK; - Shine a light across the permit which will enable you to see some of the intricate designs at the back ; - Feel the permit for the raised design by running your finger over it; - Make sure the permit is not bent and has not been folded previously; - Check the biographical details match the details of the person presenting it to you; - Check the holder’s immigration conditions. These are shown on both the front and the back of the permit. For example it might confirm that an individual has no right to work or can only work a limited number of hours per week. ## UK Immigration Compliance Solicitors Under [section 15 of the Immigration, Asylum and Nationality Act](http://www.legislation.gov.uk/ukpga/2006/13/section/15) 2006, an employer may be liable for a civil penalty if they employ someone who does not have the right to undertake the work in question. UK Businesses must ensure that they have the appropriate checks in place, can demonstrate that they will be able to meet their employers’ duties and have the appropriate records for their skilled workers. The Home Office carry out spontaneous checks on organisations on a regular basis and on such visits will expect to examine those areas of Human Resources and procedures which are outlined in their guidance. They will also verify the information provided by employer’s on their application for obtaining the sponsorship licence. ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business or an employer and wish to obtain a Sponsor Licence, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises or if you have been issued with a civil penalty, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # Home Office mistakenly removes Appellant and claims Appeal abandoned Source: https://immigrationandvisasolicitors.co.uk/home-office-mistakenly-removes-appellant-and-claims-appeal-abandoned-2/ *The High Court recently considered the case of [SR (Algeria) v Secretary of State for the Home Department [2015] EWCA Civ 1375](http://www.bailii.org/ew/cases/EWCA/Civ/2015/1375.html) (17 December 2015). The case concerned an Algerian national who had in-country immigration appeal but was involuntarily removed by the Home Office to Algeria. The Home Office having removed the Algerian national against her will then argued that she had abandoned her appeal. The Court of Appeal was less than impressed with the Home office’s position and concluded the matter in favour of the Algerian national **and held that she had not abandoned her appeal as claimed by the Home Office. ​ * ## The Immigration Rules The Home Office alleged that the Algerian national had abandoned her appeal as per section 92(8) of the Nationality, Immigration and Asylum Act 2002 as per the Immigration Act 2014, which reads: An appeal under section 82(1) brought by a person while he or she is in the United Kingdom shall be treated as abandoned if the appellant … (b) leaves the United Kingdom. ## The Court of Appeal Decision The Court of Appeal was less than impressed with the Home office’s position and concluded that s.92(8) is only relevant where there is a *voluntary departure from the UK*, not an involuntary one. Sales LJ gave the following reasons for his decision: > (i) To my mind, as a matter of ordinary usage, the word “leaves” has a strong connotation of an action being taken by an agent on a voluntary basis (e.g.”The protester did not leave the building but was removed from it by a security guard”); > > (iii) Rule of law considerations in this context support the same conclusion. In a state governed by the rule of law, where the state itself is the subject of ongoing litigation, it would breach rule of law principles for the state to be able to defeat the litigation not by defending it on the merits before a court or tribunal, but by physically removing the opposing party so that she is prevented from bringing her claim before a court or tribunal...Accordingly, Parliament must be taken to have intended to use the word “leaves” in the narrow sense referred to above, where it is the voluntary act of the appellant which has the stated effect of the appeal being abandoned; > > (v) ...the natural interpretation of the word “leaves” in this context is that it connotes voluntary action on the part of the appellant in question. Sales LJ having given his lengthy reasons allowed the matter in the Appellant's favour. ## The Serious Irreversible Harm Test provides Appellants with an in country Right of Appeal Some Appellants who are served with an out of country right of Appeal are often completely unaware of what is known as the 'serious irreversible harm test'. This test may reverse an out of country right of Appeal to an in country right of appeal for many Appellants. [The Immigration Act 2014 ](http://www.legislation.gov.uk/ukpga/2014/22/contents/enacted) is particularly important when considering this test as it has created the power to allow Appellants subject to deportation; ‘primarily foreign criminals, to be deported first and forced to appeal after their removal…from outside the UK’. However there are exceptions to such a rule and that is where migrants may be faced with what has been termed a ‘serious irreversible harm or a breach of human rights’ if they were to be deported without an in country right of appeal. Under this threshold the Home Office explains that a person will be able to appeal from within the UK under the following circumstances: - ‘where an asylum claim has been refused’ (provided it has not been certified); - ‘where a human rights claim has been refused’ (provided it has not been certified) and; - ‘where there is a real risk of serious irreversible harm or other breach of human rights if the person is removed before the appeal.’ If the above criteria does apply to a migrant then the person cannot be removed from the UK before their appeal has been determined. In situations such as these an out of country right of Appeal can be reversed to provide Applicants with an in country right of appeal. ## Choosing the Right Immigration Lawyers There is often a misconception by  students, businesses, entrepreneurs and investors alike that law firms without specialisation in immigration law will be in a position to handle the complexities that follow the immigration process. Immigration tribunals are flooded with Applicants who are left vulnerable by what is now a shockingly familiar and depressing pattern in which legal representatives demonstrate a remarkable lack of knowledge and complete disregard for the substantive and procedural rules governing immigration law. A lack of knowledge demonstrated by some law firms means immigration applications are often made in an incorrect way or with incorrect documents at the initial stage. These may then be immediately rejected by the Home Office and (unlike a refused application which can carry a right of appeal) deemed invalid. This could leave an applicant in muddy waters as they may well find themselves in detention facing imminent removal and if not in detention they may be deemed an overstayer unless corrective action is taken. This can cause unnecessary delay for employers who do not have the benefit of specialised and professional legal advice. Many Applicants also make the mistake of providing insufficient documentation and thus fail to evidence their recognised entitlement to a right of Appeal. Choosing the right law firm from the beginning can ensure the correct applications are made from the outset this will not only allow for an easy mind in preparing for an application, but will also mean that in the long run sponsors and businesses will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. ## Immigration Advice from Experienced and Professionally Qualified Immigration Solicitors and Barristers [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone case assessment. --- # Home Office changes to the Registered Travellers Scheme for Visitors to UK Source: https://immigrationandvisasolicitors.co.uk/home-office-changes-registered-travellers-scheme-visitors-uk-2/ *Previously on 24 September 2013, Mark Harper, Minister for Immigration, announced a new [‘Registered Traveller’ pilot scheme](https://www.gov.uk/registered-traveller-scheme) for some travellers from outside the European Economic Area (EEA). The scheme was initially opened to a few selected nationals and only operated at Heathrow and Gatwick airports in the UK. The scheme permitted travellers to use the UK/EEA channels at border control and meant such travellers did not need a landing card. The Home Office has now made changes to the travellers schemes which means more applicants can apply for a 'Registered Travellers' service to get through UK border control faster.* ## Home Office Requirements: Eligibility for Registered Traveller Scheme In order to join the scheme, previously the applicant had to be: - Be a national of Australia, Canada, Japan, New Zealand or the United States of America; - Be aged over 18; - Have visited the UK at least 4 times in the last 52 weeks; - Have been registered for the IRIS immigration system; and - Be coming to the UK as a visitor (including business visitors). This has now been extended to: - nationals from Hong Kong (for those with a SAR passport); - South Korea; - Singapore; - Taiwan (the passport must show the personal ID number on the photo page). - The categories of applicants will now also include all visa holders except the Tier 5 (Sporting & Creative Concessions), those who hold EEA family permits and applicants with discretionary leave outside the immigration rules. The other change is that it is now available to visitors who have visited the UK at least four times in the previous 26 weeks (previously this was 52 weeks).The number of UK ports offering the travellers scheme has also expanded and now includes; Gatwick, Heathrow, Birmingham, East Midlands,Brussels, Lille and Paris (Rail Terminals)Manchester ,Edinburgh, Glasgow, London City, Stansted and Luton. ## Benefits of the Registered Traveller Scheme The UKBA’s Registered Traveller Scheme is  which the UK government intends to use to  improve the way regular visitors can pass through the UK’s border. The scheme offers the following benefits to travellers who are able to participate in the scheme: - Travellers will be able to access expedited clearance processes at the above mentioned UK ports similar to those enjoyed by UK/EEA nationals; - Travellers will not need to complete landing cards if they fly into the above mentioned UK ports and; - Travellers will be able to use the UK/EEA channels at border control. ## Our team of Experienced and Professionally Qualified Immigration Solicitors and Barristers There is often a misconception by Applicants that law firms without specialisation in immigration law will be in a position to handle the complexities that follow the immigration process. Immigration tribunals are flooded with Applicants who are left vulnerable by what is now a shockingly familiar and depressing pattern in which legal representatives demonstrate a remarkable lack of knowledge and complete disregard for the substantive and procedural rules governing immigration law. Choosing the right law firm from the beginning will not only allow for an easy mind in preparing for an application, but will also mean that in the long run Applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for telephone case assessment. --- # UK Immigration Update: UK Government Publishes New Statement of Changes For 2016 Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-update-uk-government-publishes-new-statement-changes-2016/ *Last week the Home Office published a new [statement of changes HC877](https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc877-11-march-2016) to the UK Immigration Rules which are due to come into force on 6 April 2016. There is a substantial amount of changes being introduced by the Home Office and this is only the first statement of changes for 2016 it is likely there’s more to come. The Home office has also published an accompanying **explanatory memorandum perhaps for ease of reading. We have outlined some of the key changes for you below.* *                        [ ](https://immigrationandvisasolicitors.co.uk/uk-immigration-update-uk-government-publishes-new-statement-changes-2016/)* ## Changes relating to Tier 1 (Entrepreneur) In response to feedback, minor amendments are being made to better support applicants who have access to investment funds from a trusted source. A provision to allow applicants who are applying with funding from UK Seed Funding Competition or one or more UK Government departments to be able to supply a letter which confirms that the money was transferred to them less than 90 days before the date of the application. Thereby removing the need for such applicants to supply a third party declaration and legal confirmation if they have not held the funds for that duration. To address concerns about abuse, the evidential requirements for applicants applying using funding from venture capital firms are being expanded and minor clarifications are being made to existing Immigration Rules around job creation. ## Changes relating to Tier 2 of the Points-Based System One positive change announced in relation to the Tier 2(General) restricted category as contrary to expectations none of the more restrictive measures recommended by the Migration Advisory Committee (MAC) in its Tier 2 Review published on 19 January have been introduced and this category remains mostly unchanged except for some minor amendments. The annual limit (20,700 places per year) remains unchanged, instead allocations have been adjusted so unused places can be carried over from the previous month. The allocations have been revised to better reflect seasonal demand for places across the year. This may alleviate some of the problems encountered last year when the annual limits cap was breached in June 2015, which meant that a number of applicants were not able to gain sponsorship. ## Changes to Tier 5 Youth Mobility Scheme The maintenance requirements for the Tier 5 (Temporary Worker)categories are being amended to clarify that by a sponsor certifying maintenance they are confirming the applicant will not claim public funds during their period of leave. ## Changes relating to Visitor Visas A change is being made to Part V3 of Appendix V include a discretionary power for an application for a visit visa, leave to enter or leave to remain to be refused where the applicant owes a litigation debt to the Home Office. Changes so as to no longer mandatorily refuse an application for entry where the applicant fails to produce a valid travel document that satisfactorily establishes their nationality and identity. This is particularly good news  as it reflects the view that the UK is otherwise prepared to allow entry to holders of documents which do not establish a nationality, owing to the holder’s status, but it is willing to accept such documents as they are recognised as valid for travel in all other respects. The changes also include clarifying the exceptions for those who need to obtain a visa in advance of travelling to the UK as a visitor and to ensure that those exceptions are consistent with the other provisions of Appendix V. ## Other Changes to the Immigration Rules Other amendments include changes to rules for those who owe “litigation debt” to the Home Office (i.e. who were ordered to pay costs and who have not, including all those issued with unlawful costs orders by the Upper Tribunal) clarifying that they will be refused further UK visas. There also changes relation to Family and Private life rules, Administrative Review, Overseas Domestic Workers, Tier 4 Student provisions which can be seen in the full statement of changes and the explanatory memorandum [here](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/507235/54729_HC_877_Web_Accessible.pdf). ## UK Immigration Advice for Tier 1, Tier 2,Tier 5 and Visitor Visa Applicants [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment. --- # Case Study: Successful Administrative Review of Tier 1 Entrepreneur Visa Source: https://immigrationandvisasolicitors.co.uk/successful-case-study-administrative-review-of-decision-to-refuse-tier-1-entrepreneur-entry-clearance/ *Our Immigration Team were recently instructed to represent three clients who wanted to enter the UK as Tier 1 entrepreneurial team migrants. The third client was a dependant wife of one of the members of the team. The Applicants had initially submitted an application for entry under Tier 1 Entrepreneur route by themselves, which was refused and they were given a right to request Administrative Review of the decision. * Our Immigration Team were instructed to prepare and submit a request for reconsideration of the Home Office's decision by way of administrative review as the decision maker had not considered all the evidence submitted by the applicants in the initial application.  The Applicants were team entrepreneurs who wanted to run a business in the UK and planned to invest £200,000 in their trading business. Our Immigration Team prepared and submitted the Administrative review request along with the requisite supporting documents and detailed representations. We have recently been informed by the Home Office that our administrative review request was successful. ## Home Office's Reasons for Refusal  The Entry Clearance Officer (ECO) in his decision to refuse the application stated that despite the Applicants being awarded the required 75 points, he was not satisfied that the Applicants were genuine entrepreneurs and questioned the credibility of the Applicants as a team. However the original decision maker had failed to consider a number of facts and relied incorrectly on assumptions made during an interview conducted by the ECO. The ECO failed to do the following: - The ECO had failed to consider substantial and important documents submitted by the Applicants. - The ECO had also failed to take into account the Applicants' previous business experience and knowledge within the prospective business and trading activity. - In its decision the Home Office stated that the Applicants lacked business experience completely ignoring the Applicants’ five years business experience in the same field as their proposed new business. - ECO had also misinterpreted the Applicants’ very detailed and accurate business plan and in error had assumed the figures stated in the business plan were incorrect. - The ECO also relied heavily on the interview conducted with the Applicants  and had failed to give the Applicants a written record of the interview and as such the Applicants were unable to refute any assertions made by the ECO in the refusal letter. - The Applicants further voiced their concerns that the manner in which that interview was conducted by the Entry Clearance Officer was questionable if not unreasonable. Our Specialist Immigration Solicitors made strong representations to the Home Office highlighting the fact that the original decision maker had failed to consider all the evidence that was submitted as per paragraph AR2.11 (d) of Appendix AR of the Immigration Rules and had applied the Immigration Rules incorrectly. ## Administrative Review: Overview Administrative review (AR) is the term given by the Home Office to a process of internal review of certain eligible decisions, whereby an applicant can request that a decision with which they disagree is reviewed by a Home Office official separate from the original decision-maker, rather than by an independent tribunal or court. Where an applicant has a right of AR, they have no statutory right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) in relation to the decision on their category-based application under the Immigration Rules. Appendix AR defines Administrative Review as being a process to decide whether an 'eligible decision' is wrong due to a 'case working error' and states the kinds of decisions that are eligible for AR in the UK, overseas and at the border. Administrative review will only consider the following claimed case working errors, which are specified in AR2.11(a)-(d) and AR2.12 of Appendix AR of the Immigration Rules. The case working errors for decisions are where: - the original decision maker’s decision was incorrect (paragraph AR2.11(a)) in decisions to: - refuse an entry clearance application on the basis of paragraph 320(7A) or 320(7B) (false representations, false documents or information, failure to disclose material facts or previous breach of conditions) - refuse an in UK application on the basis of paragraph 322(1A) (refusal on the basis of false representations, documents or information or failure to disclose material facts) of the Rules - cancel leave to enter or remain which is in force as a visitor under paragraphs V9.2 or V9.4 of appendix V of the immigration rules - cancel leave to enter or remain which is in force at the border under paragraph 321A(2) (change of circumstances, false representations or failure to disclose material facts) - the original decision maker’s decision to refuse an application on the basis that the date of application was beyond any time limit in these Rules was incorrect (paragraph AR2.11(b)) - the original decision maker otherwise applied the Immigration Rules incorrectly (paragraph AR2.11(c)) - the original decision maker failed to apply the Secretary of State’s relevant published policy and guidance in relation to the application (paragraph AR2.11(d)) - there has been an error in calculating the correct period or conditions of immigration leave either held or to be granted (paragraph AR2.12) According to the [guidance](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/485947/Admin_Review_Guidance_v6_0.pdf) published by the Home Office Administrative reviews will be carried out by a separate team that is independent from the team who made the original decision to ensure transparency and independence in the review process. Appendix AR  and the guidance further explain the possible the outcome of the Administrative Review in terms of success (in which case the eligible decision will be withdrawn) or failure (in which case the eligible decision may remain in force for all the reasons previously given, or with some of the reasons withdrawn, or for different or additional reasons). ## Successful Tier 1 Entrepreneur Visa Applications, Administrative Review & Appeals [Our team ](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/)of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 Entrepreneur visa application](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment.   --- # UK Immigration Case Clarifies Rules for Returning Resident Visa Applicants Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-clarifies-rules-returning-resident-visa-applicants/ *Recently in the case of [R (on the application of B) v Secretary of State for the Home Department (recording of leave - date stamps) IJR [2016] UKUT 135 (IAC)](http://www.bailii.org/uk/cases/UKUT/IAC/2016/135.html) the Upper Tribunal clarified that Applicants with Indefinite Leave to Remain (ILR) must ensure they have the right to enter the UK after being away for more than two years**. **If you are an Applicant and you have been outside the UK for more than two years it is a good idea to seek legal advice to ensure that you have the right to enter the UK and whether you can make an application to restore your indefinite leave to remain in the UK.* ## Facts of the Case The Applicant was a Libyan national who had been granted ILR in 2002 and had been issued a Home Office Travel Document (HOTD) which was set to expire in 2014. The Applicant left the UK in 2009 and upon his entry back to the UK in 2013  The Entry Clearance Officer (ECO) allowed him to enter and stamped his travel document with an open date stamp.  In February 2014,  he applied to the Home to transfer the "no time limit” stamp in his HOTD into his Libyan passport. The application was refused because he had failed to present his passport upon entry which may have led to the discovery that his travel document was no longer valid because he had obtained a passport in 2009. This led to the applicant making a judicial review application to the Upper Tribunal. The Tribunal in dismissing the application for judicial review found that he did not have indefinite leave to remain or indefinite leave to enter the United Kingdom and refused to declare ILR sought by the Applicant. Upper Tribunal Comments; > On the facts of this case, however, I find that the applicant can derive no benefit from the date stamp that Ms Rogers placed in his invalid HOTD. Unlike the applicants in Badaike and Ram, the present applicant cannot be said to have acted in a blameless manner. On the contrary, as I have found, the evidence he has himself seen fit to adduce reveals him, by his actions, to have fundamentally misrepresented his immigration position to Ms Rogers. That misrepresentation operated so as to cause her, mistakenly, to treat the applicant as a resident returning to the United Kingdom, who was entitled to enter by virtue of paragraph 18 of the immigration rules. She did not consider she was doing anything else. She certainly did not think she was exercising any discretion in the applicant's favour under paragraph 19, which is the proposition for which the applicant contends. It can be argued that based on the Upper tribunals comments that a blameless Applicant like the applicants which the tribunal refers to in the cases of Badaike and Ram , may have been able to derive a benefit from the no time limit stamp which the ECO had placed in his HOTD. however on the facts of this case, the Applicant could not be said to have acted in a blameless manner and therefore could not derive a benefit from it. It is always a good idea for Applicants to mention all material information to the Entry Clearance Officer at port so that it does not appear that you are trying to mislead the ECO. ## Returning Resident UK Visa Requirements The Applicant above was relying on his returning residents rights, which states in order to return and settle in the UK you can apply for a Returning Resident visa. You are only eligible for this visa if you have previously been granted indefinite leave to remain and have not been away from the UK for more than two years. You are eligible for this visa if: - You plan to return to live in the UK permanently - You have been settled in the UK when you last left - You have been away for more than 2 years - You have not been given public funds to help you leave the UK Other requirements, you must prove that you have strong ties to the UK. Such as family, friends and proof that you have lived in the UK for the majority of your life. To avoid the disappointment that this family have experienced it is important that you are getting the right legal advice to guide you through the UK's immigration policy. To find out whether you are eligible for this UK Returning Resident visa we can arrange for you to have a detailed consultation with one of our expert Immigration Solicitors. If it is found that you are not eligible it does not mean that you cannot come to the UK, our Immigration Solicitors will explore all of your UK visa options. ## Successful Returning Resident Visa Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment. --- # UK Immigration Tips: What to Do if your Tier 4 Sponsor loses its License Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-tips-tier-4-sponsor-loses-license/ *Following the recent judgement by the court of Appeal in the case of **[Secretary of State for the Home Department v Khan [2016] EWCA Civ 137 (08 March 2016)](http://www.bailii.org/ew/cases/EWCA/Civ/2016/137.html), the court considered* *what requirements a Tier 4 student needs to meet if his or her college loses its sponsor licence whilst they are awaiting a decision on an application to extend their stay. We outline below some tips for Tier 4 Student Applicants on what to do if they find themselves in a similar situation.* ## Case for Tier 4 Students The Applicant student made an application for further leave to remain as a Tier 4 (General Student) migrant. He sought to undertake a course of study at a reputable college which at that time was a registered licensed sponsor. His Sponsor College license was subsequently revoked after the Applicant had submitted his application therefore the Home Office sent him a letter informing him that they would suspend making a decision on his application for 60 days and to give him an opportunity to obtain a new Certificate of Acceptance of Studies’ (CAS). He obtained a new CAS and made an application to vary the application for extension of his leave and submitted new bank statements. The new bank statements at the time he submitted his application showed that did not meet the maintenance requirement when he submitted his new application therefore the Home Office refused his application. The Court of Appeal in upholding the Home Office decision stated; ‘The issue before the court is whether, in Mr Khan’s circumstances, all he was required to do was, as the tribunals decided, to submit a further application with a new CAS from a fully licensed sponsor and that it sufficed that the other mandatory requirements of a Tier 4 (General Student) application in particular the ability to show proof of sufficient funds to maintain himself during the course, were satisfied at the time of the original application. It is submitted on behalf of the Secretary of State that, when he submitted his application in October 2012, he also had to fulfil those other mandatory requirements. There’s the huge lesson to be learned from the case which is that as a Tier 4 Student Applicant whenever making an application to be granted leave to enter or to extend their student visa, they should ensure that they meet all of the requirements as set out in [part 6](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system) of the UK immigration rules and the [policy guidance](http://web.archive.org/web/20160322172602/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/477366/T4_Migrant_Guidance_Nov_V1_0.pdf). Further Applicant should seek legal advice before making their application to extend their visa. If you are an Applicant and you are unsure of what requirements you would need to meet we have outlined some tips for you below: ## Advice For Tier 4 Students If you are an Applicant and your current sponsor loses its license here are some tips for you; - Under the current immigration rules in order for you application as Tier 4 General student to be successful you will need to score 40 Points. - You must score 30 points for a Confirmation of Acceptance for Studies (CAS), which the Applicant will get for studying a course at an acceptable level with an approved education provider (also known as sponsorship). - You will also need to score 10 points for having enough money (maintenance or funds) for course fees and living costs. - You will have to provide specified documents to show that the funds are available to you. - Your institution (Sponsor) must hold a valid licence at the time your application for entry clearance or leave to remain is determined. - Where your Tier 4 sponsor's licence is revoked and you are making an application, in these circumstances the Home Office may delay making a decision for 60 days to allow you to obtain a new CAS from a different sponsor and to vary your application. - If you are given the opportunity to submit a new valid CAS, you should ensure you submit up-to-date financial information to show that you meet the financial (maintenance) requirements for your new course at the material time. - The Home Office reserves the right to request specified documents from you. You must ensure you provide these specified documents or your Application may be refused. In any event if you are an Applicant and you are unsure what to do when your college loses its license, in order to avoid the disappointment that a refusal can cause and the interruption to your studies, It is often best to seek legal advice before submitting your application. ##  UK Immigration Advice For Tier 4 Visa Applicants and Sponsors [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Tier 4 application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. Our expert immigration solicitors provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us for a telephone assessment. --- # Home Office Updates Right To Work Checks For UK Employers Source: https://immigrationandvisasolicitors.co.uk/home-office-updates-on-right-to-work-checks-for-uk-employers-2/ *The Home O**ffice has recently published a [new guidance note](https://www.gov.uk/government/publications/biometric-residence-permits-overseas-applicant-and-sponsor-information) on what a biometric residence permit (BRP) is, what it can be used for, and how employers can check that prospective employees have a right to work in the UK.** The new guidance note is aimed at UK visa applicants, employers and their sponsors and it explains how the changes to BRPs affect the responsibility of employers to prevent illegal working and how an employer should carry out right to work checks.* ## Employer and Sponsors' Responsibility to Prevent Illegal Working If you are an employer and your employee wishes to start work upon their arrival in the UK (i.e within 10 days), they will need to show you the vignette in their passport which they used to travel to the UK. You will then need to conduct a [full right to work check](https://www.gov.uk/check-biometric-residence-permit) on the basis of this vignette, which must be valid at the time of the check. However, as the vignette will expire 30 days from issue, you will have to repeat the check using the BRP to ensure that you have carried out the relevant check. Under UK’s current Immigration Rules, an employer may be liable for a civil penalty if they employ someone who does not have the right to undertake the work in question. The Home Office expect employers to take their duty to prevent illegal working in the UK seriously and require employers to carry out prescribed document checks on people before employing them to ensure that they are lawfully allowed to work. These checks should be repeated in respect of those who have time-limited permission to work in the UK. ## How does the BRP affect Employers and Sponsors Checks? Employers must ensure they take reasonable steps to check any documents presented by potential employees including the following; - Look at the permit carefully to ensure it has not been tampered with and is in good condition; - Check the permit number to ensure it starts with 2 letters and is followed by numbers and look carefully to make sure that the permit number is not raised; - Check that the holder’s image matches the person presenting it ; - Check the features at the back which has a raised design incorporating the four national flowers of the UK; - Shine a light across the permit which will enable you to see some of the intricate designs at the back ; - Feel the permit for the raised design by running your finger over it; - Make sure the permit is not bent and has not been folded previously; - Check the biographical details match the details of the person presenting it to you; - Check the holder’s immigration conditions. These are shown on both the front and the back of the permit. For example it might confirm that an individual has no right to work or can only work a limited number of hours per week. ## UK Immigration Compliance Solicitors Under [section 15 of the Immigration, Asylum and Nationality Act](http://www.legislation.gov.uk/ukpga/2006/13/section/15) 2006, an employer may be liable for a civil penalty if they employ someone who does not have the right to undertake the work in question. UK Businesses must ensure that they have the appropriate checks in place, can demonstrate that they will be able to meet their employers’ duties and have the appropriate records for their skilled workers. The Home Office carry out spontaneous checks on organisations on a regular basis and on such visits will expect to examine those areas of Human Resources and procedures which are outlined in their guidance. They will also verify the information provided by employer’s on their application for obtaining the sponsorship licence. ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business or an employer and wish to obtain a Sponsor Licence, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises or if you have been issued with a civil penalty, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Government to Amend Rules to Protect Overseas Domestic Work Visa Source: https://immigrationandvisasolicitors.co.uk/uk-government-amend-rules-protect-overseas-domestic-work-visa/ *The UK government has recently published its [response ](https://web.archive.org/web/20200411232002/https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Lords/2016-03-07/HLWS568/)to a [review](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/486532/ODWV_Review_-_Final_Report__6_11_15_.pdf) published in December 2015 on the Overseas Domestic Worker visa (ODW) route. The Government asked James Ewin to conduct a review into the visa route as part of its commitment to stop modern slavery in all its forms. The government has now published its response stating that it plans to amend the current provisions of the Immigration rules to ensure that ODW's remain protected from abuse and can have greater certainty as to their status in the UK. * ## ## The James Ewins Review The aim of the review was to assess how far existing arrangements for the admission of overseas domestic workers are effective in protecting workers from abuse and exploitation, and to make recommendations. The review acknowledged that there are overseas domestic workers who are in a good relationship with their employers  and upon their arrival in the UK, work and return happily with their employers in the manner the visa was designed to facilitate. The Government has estimated that many overseas domestic workers leave the UK within 15 days of arrival. The review also made several recommendations to the Government to about ways to protect the visa route some of which include the following; - All overseas domestic workers should be granted the right to change employer and apply for annual extensions, provided they are in work as domestic workers in a private home. - Such extensions did not need to be indefinite and domestic workers should not have the right to apply for settlement in the UK in order to be adequately protected. - The review further recommended that after extensions totalling up to 2 ½ years, overseas domestic workers should be required to leave the UK. - The review also recommended that overseas domestic workers should be given a real opportunity to receive information, advice and support concerning their rights while at work in the UK. Applicants who are unsure of how long they can have a visa to work as an ODW or what their rights are and what the UK immigrations rules are should seek legal advice beforehand. ##  UK Government’s Response The government acknowledged that the visa route as it stands currently could be open to abuse and that it is working on amending and implementing additional measures in order to protect ODW's. It went on further to state the following; > we will go further and amend the provisions of the Immigration Rules introduced in October of last year to increase the period for which an extension of stay will be granted to an ODW who has been the subject of a positive conclusive grounds decision under the National Referral Mechanism from six months to two years. This is in addition to the existing provisions under which discretionary leave may be granted to those, for example, assisting the police with their enquiries or pursuing a compensation claim. > > These measures will build on the steps that the Government has already taken, under section 53 of the Modern Slavery Act 2015, to ensure that ODWs who are potential victims of abuse are protected from immigration enforcement action. In the absence of reliable quantitative evidence on the prevalence of abuse, we think these measures will strike the right balance between offering ODWs every opportunity to escape abuse while ensuring that those who report such abuse have greater certainty as to their status. The Government will implement these measures through changes to the Immigration Rules at the earliest opportunity and we will keep them under review as further data on the issue emerges over time. ## The Overseas Domestic Worker Route The Overseas Domestic Worker route exists to allow employers resident overseas to be accompanied by their household staff on visits to the UK. Employers who want to bring their overseas domestic worker with them have to meet a number of requirements to show they are genuinely bringing an employee during their stay in the UK. Individuals on this visa can only stay in the UK for 6 months and cannot extend their stay, unless their initial visa was valid for less than 6 months. The UK government aims to address the issues raised in the modern slavery bill as well as ensuring that the route is not being exploited by employers who may be forcing their Domestic employees to work for them though successive entries into the UK. ## Legal Advice & Successful UK Overseas Domestic Worker Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Upper Tribunal relaxes restrictions in favour of Spouses Source: https://immigrationandvisasolicitors.co.uk/upper-tribunal-interprets-requirements-for-spouse-visa-extension-application/ *The Upper Tribunal’s recent decision to grant a couple permission to challenge the Home Office’s decision by way of a Judicial Review in the case of R (on the application of [Bhudia](http://www.bailii.org/uk/cases/UKUT/IAC/2016/25.html)) v Secretary of State for the Home Department (para 284(iv) and (ix)) IJR [2016] UKUT 25 (IAC), is good news for future applicants as it sheds further light on some of the complex and often restrictive immigration requirements that applicants have to satisfy when making an application for a UK Visa as the spouse of a British national.** *** ![Inline images 1](https://mail.google.com/mail/u/0/?ui=2&ik=58278de268&view=fimg&th=152e61843329a82a&attid=0.1&disp=emb&realattid=ii_152e5f76549c72bb&attbid=ANGjdJ8_DndIvPsTVF6Pwd7ug8hJzi1f-ncR2ecU3bWt8NP6ss7Mxu2Y-pUqsxk1ZM3_M78613NF6-Wro7hJDuVgDVO1I6Dr0XQD3euQIi7Zik5_CBptp9h5xTgWbdI&sz=w1126-h560&ats=1455559297957&rm=152e61843329a82a&zw&atsh=1) ## The Facts The Applicant was an Indian national and she was granted entry clearance to the UK as the spouse of a British national. In 2014, the Applicant made an application for further leave to remain in the same capacity. The Home Office refused this application and the Applicant sought to challenge this decision by way of Judicial Review. ## The Home Office Decision The Home Office refused the Applicant’s application for leave to remain as a spouse for three main reasons; The Applicant’s leave expired on 15 May 2014 and she submitted her application for extension on 30 May 2014.  The Applicant argued that she had a 28 days grace period within which to make the extension of stay application in accordance with Paragraph 284 of the Immigration Rules which states that; > *The requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom are that ……….**(iv) The applicant has not remained in breach of the immigration laws, disregarding any period of overstaying for a period of 28 days or less ….* The Home Office disagreed with the above and came to the conclusion that the Applicant had become an overstayer and as such did not meet the requirements because she did not have valid leave to remain at the time of applying; Secondly, the Applicant had failed to provide six items of correspondence addressed to her and her husband at the same address to show they had been living together in the two years preceding the application. The Home Office argued that this was a valid reason to refuse the application because the Applicant had failed to show that she was in a genuine and subsisting marriage. It should be noted that The Upper tribunal in its decision considered that this requirement is not specified in the immigration rules, rather it is derived from the extension application form, FLR(M) Application Form and as such should not be a determinative factor when considering an application. The third of the reasons offered for refusing the Applicant’s application was that evidence of the requisite English Language qualification had not been provided. The Applicant’s reason for not providing an English  language test certificate was that it would have been on the Home Office’s records with her previous application for entry clearance as a spouse, therefore she did not think that she would need to provide it again with her new application and further that the previous certificate she had provided did not have an expiry date. The Home Office was however not of the same view and in its decision to refuse the application, stated that the Applicant had not provided evidence that she met the English Language requirement. The Upper Tribunal concluded that evidence of meeting the English Language test has previously been accepted and therefore this requirement was satisfied. ​ ## The Upper Tribunal’s Decision The Upper Tribunal granted the Applicant permission to challenge the decision by way of Judicial review stating that; > (i) The correct construction of [paragraph 284(iv) ](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-8-family-members)of the Immigration Rules is that the applicant has a period of 28 days within which to make an extension of stay application, measured from the date immediately following the last day of leave in the United Kingdom. > > (ii) The purported requirement in Form FLR(M) that an application for further leave to remain in the United Kingdom as a spouse be supported by certain correspondence in specified terms is unlawful. > > (iii) The requirement previously enshrined in paragraph 284(ix)(a) of the Immigration Rules that an applicant provide an English Language test certificate in specified terms is satisfied where the applicant has already provided a certificate of this kind to the Secretary of State which has been accepted as valid. > > (iv) The jurisdiction of the Upper Tribunal in judicial review proceedings to determine any of the issues raised is not extinguished by the Secretary of State’s withdrawal of the decision under challenge: R v Secretary of State for the Home Department, ex parte [Salem[1999]](http://www.bailii.org/uk/cases/UKHL/1999/8.html) AC 450 applied. ## Immigration Advice for UK Spouse Visa Our expert Solicitors at LexLaw have a 100% success rate in UK relationship based applications and treats each case individually, providing detailed assessments to our clients. Our detailed consultations are to ensure that you are eligible to make a Spouse visa application. If you decide to instruct us we will provide you with a bespoke documents list tailored to your circumstances. Our city of London solicitors will guide you through the financial, language and relationship requirements in accordance with the UK Immigration Rules. Making the process as easy as possible and working hard to get a successful result. ## Are you Eligible for a UK Spouse Visa under the Immigration Rules? Our team of experienced and professionally qualified immigration solicitors and barristers will be able to go through the Home Office’s requirements with you. As well as, the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Court of Appeal: Applicants to be granted Judicial Review hearing Source: https://immigrationandvisasolicitors.co.uk/court-appeal-applicants-granted-judicial-review-hearing/ *The Court of Appeal recently provided new Guidance for Judicial Review cases in the matter of** **[Wasif v The Secretary of State for the Home Department [2016] EWCA Civ 82](http://www.bailii.org/ew/cases/EWCA/Civ/2016/82.html). This case provides guidance for Applicants who have had their application for Judicial Review refused and are prevented from seeking an oral hearing in their matter. Usually Applicants are entitled to a right of appeal to the Court of Appeal (as remedy), however this is only on paper and they do not have a right to an oral hearing. The Court of Appeal has now provided guidance in favour of Applicants and to clarify any reasons for refusal. We consider this new guidance in detail below.* ## The Facts of the Judicial Review Case In the above mentioned case the Appellants made an application to Upper Tribunal for Judicial Review of a decision by the Home Office to refuse them leave to remain in the UK.  The application was refused on the papers, without an oral hearing; and the Immigration Tribunal concluded that the application was totally without merit, meaning the matter was weak, frivolous and there were no substantial grounds for the Court to consider. As far as a remedy is concerned the Appellants were previously entitled to ask for their applications to be reconsidered at an oral hearing. However new immigration rules were introduced in July 2013 which stated that where a court refuses an application in this way then an individual may not request that decision to be reconsidered at a hearing. The Court of Appeal has now provided guidance in this respect in favour of Applicants. ## The New Guidance of the Court of Appeal The new guidance considered by the Court of Appeal now reads: - Judges should not deem applications as totally without merit (that is weak frivolous or without substantial grounds that need consideration) as an automatic consequence of refusing permission. - [N]o Judge should refuse an application in such a way unless confident after careful consideration that the case truly is bound to fail. - An oral renewal hearing allows an individual to address the said weaknesses in their matter and this might lead a Judge to grant in favour of an appellant. The Judge should only refuse an application if they are satisfied that in the circumstances of a particular case an oral hearing could not help an appellant. - Judges considering Judicial Review applications will encounter cases where the claimant is unrepresented – in which the claim form/grounds and/or the supporting materials are too confused or insufficient to satisfy the grant of permission but where the Judge nevertheless suspects that proper presentation might provide an arguable claim, in such cases he or she should give an individual permission for an oral hearing. The right course will usually be to identify the nature of the problem, and give an individual the opportunity to address the problems at an oral renewal hearing if they can. It was also pointed out that at the time that a Judge decides the permission for a Judicial Review application on the papers the Home Office will have had the opportunity to file a response along with a defence and so Judges should not refuse permission on the basis of points raised in a Home Office defence. Further that the point of a hearing is not that an individual is entitled to a second bite of the cherry in the hope of finding a more sympathetic Judge. Having said that, it cannot be denied that some Judges are in fact more sympathetic than others and likely to take a very different view about whether permission should be granted. ## Good news for Applicants in Judicial Review The Court of Appeal also highlighted the importance of providing 'proper reason' where a refusal is ordered by a Judge. A Judge must identify the nature of the problem, giving an individual the opportunity to address the problems at an oral renewal hearing; > where an application is refused, 'so that the claimant has reached the end of the road (subject to appeal)...care must be taken to ensure that all the arguments raised in the grounds are properly addressed … It does not follow that the reasons for refusing permission need always be lengthy...if a ground can properly be disposed of adequately in a sentence or two so much the better. But what is necessary depends on the case. All...points must be identified and addressed'. The Court of Appeal was extremely critical of insufficient reasoning in refusing permission to Judicial Review by Upper Tribunal Judges and held that it must be clear why a Judge has deemed a Judicial Review totally without merit and the reasoning must sufficiently justify the order. ## Successful Judicial Review Applications There is often a misconception by businesses, entrepreneurs and  applicants alike that law firms without specialisation in immigration law will be in a position to handle the complexities that follow the immigration process. Immigration tribunals are flooded with Applicants who are left vulnerable by what is now a shockingly familiar and depressing pattern in which legal representatives demonstrate a remarkable lack of knowledge and complete disregard for the substantive and procedural rules governing immigration law. A lack of knowledge demonstrated by some law firms means Judicial Review applications are often made in an incorrect way or with incorrect documents at the initial stage. These may then be immediately rejected by the Home Office and (unlike a refused application which can carry a right of appeal) deemed invalid. This could leave an applicant in muddy waters as they may well find themselves in detention facing imminent removal and if not in detention they may be deemed an overstayer unless corrective action is taken. This can cause unnecessary delay for applicants who do not have the benefit of specialised and professional legal advice. Choosing the right law firm from the beginning will not only allow for an easy mind in preparing for an application, but will also mean that in the long run applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. ## Our team of experienced and professionally qualified immigration solicitors and barristers [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Judicial Review application by providing you with advice from our leading team of barristers before your matter even reaches the Immigration Tribunal. If require UK immigration advice regarding Judicial Review you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone case assessment. --- # Good News For Commonwealth Nationals Source: https://immigrationandvisasolicitors.co.uk/good-news-commonwealth-nationals/ *The results of a recent poll conducted by the Royal Commonwealth Society has found that many people in the UK support the introduction of reciprocal rights to live and work freely in countries such as Australia, Canada and New Zealand.  The poll was published ahead of changes to the UK Visa rules for nationals outside the European Economic Area (EEA) due to come into force on 6 April 2016. The good news for commonwealth and Non - EEA nationals in the **meantime in the absence of free movement there are still a numbers of ways under the current immigration rules in which they can obtain a UK visa. * ## ## The Poll for Free Movement The report was conducted as part of research to investigate the specific barriers to strengthening the engagement and sharing of talents in the contemporary Commonwealth. The research aims to address ways in which nationals from the four countries above could live and work more freely within one another and it hopes that in time this could apply to other Commonwealth countries with comparable economic characteristics. The poll is just one of a series of surveys that have been carried out following calls made by London Mayor, Boris Johnson – following his visit to Australia in 2013 – for a 'free labour mobility zone' between Australia and the UK. Forthcoming changes to the UK visa rules such as changes to the Tier 2 salary thresholds and the £200 annual NHS surcharge amongst other minor changes means that at the moment many Applicants from countries such as Australia and New Zealand fear that the rules might restrict their travel to the UK. However the good news for applicants is that there are various routes under the current UK visa rules that Applicants can actually come to the UK to work or for holidays. Many of the routes have different requirements so really it is up to Applicants to decide which is convenient for them and which most applies to their current situation. Commenting on the findings of the poll Lord Howell of Guildford, President of the Royal Commonwealth Society, said: > We need to welcome our friends with open arms when they visit us, and in doing so, work to ensure as much free mobility as is workable. Between Australia, Canada, New Zealand, and the United Kingdom this flow and interchange of talented people is especially vital. This polling is invaluable as it shows the views and wishes of these fellow Commonwealth friends in strong support of closer ties. If you are a national of one of the countries above or from one of the other commonwealth countries and you wish to come to the UK, it is best to seek legal advice to find out the options that may be available to you.  You can find the full list of commonwealth countries [here](http://thecommonwealth.org/member-countries). We have also outlined a few UK visa routes that may be applicable to you below: ## UK Visa Routes for Australia, Canada and New Zealand Nationals **General Visitor visa: **You can apply for a [General Visit Visa](https://www.gov.uk/standard-visitor-visa/overview) if you wish to come to the UK to see friends or family or as a tourist. If you have family members settled in the UK they can sponsor your visit.*  *Canadian nationals can visit the UK for a period of up to 6 months without the requirement for a visa. **UK Ancestry visa: **The [UK Ancestry visa route](https://www.gov.uk/ancestry-visa/overview) is for Commonwealth citizens who have a grandparent who was born in the UK, Channel Islands or the Isle of Man prior to 31 March 1922 and who wishes to migrate to the UK with the freedom to live and work. **Tier 5 Youth Mobility Scheme: **[This scheme](https://www.gov.uk/tier-5-youth-mobility/overview) is for young people aged between 18 - 31 years old who want to live and work in the UK. Every year the government allocates a number of places on the scheme for each country and territory. The countries currently participating in the scheme are Australia, Canada, Japan, New Zealand, Monaco, Taiwan and Republic of Korea. ## Legal Advice & Successful UK Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide all common wealth nationals through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Home Office Implements Positive Changes to Tier 2 Source: https://immigrationandvisasolicitors.co.uk/home-office-implements-positive-changes-tier-2/ *We previously reported on the Migratory Advisory Committee’s (MAC)[ recommendations](https://immigrationandvisasolicitors.co.uk/mac-review-of-uk-tier-2-visa/) made in January 2016 for changes to Tier 2 of the points based system (PBS) following a request by the Home office last year to review the route which allows sponsored skilled migrants outside of the European Economic Area (EEA) to carry out skilled work in the UK. The UK Government has now responded by implementing some of the MAC's recommendations in what is widely viewed as a calm, measured and reasonable manner. This is good news for many Tier 2 Sponsors as the Home Office has decided not to introduce some of the changes which would have been most damaging so businesses can continue to employ the brightest and the best skilled workers irrespective of nationality. We have outlined the main changes due to be implemented by the Home Office in Autumn 2016 and April 2017 for you below:* ## Key Changes For Tier 2 Visa Applicants The changes are set to be introduced in two stages the first set of changes to be implemented in autumn 2016 include the following: - Tier 2 (General) salary thresholds for experienced workers will be increased to £25,000 in autumn 2016. This is one of the changes that will be phased in for businesses to have time to prepare but the minimum threshold is set to increase to £30,000 in 2017. - Some health and education professionals will be exempt from having to meet the higher threshold until July 2019 to reflect the ongoing public sector pay restraint and specific recruitment challenges in these occupations. - The minimum threshold of £20,800 for new applicants will be maintained. - Nurses will remain on the Shortage Occupation List, but sponsors will need to carry out a Resident Labour Market Test before recruiting nurses outside of the EEA. - Extra weighting will be given to overseas graduates in the Tier 2 (General) monthly quota allocation, to make it easier for employers to score the necessary points required to sponsor the new employees. - Employers will continue to be able to sponsor non-EEA graduates of UK universities without needing to pass the resident labour market requirement and without being subject to the annual limit on Tier 2 (General) places. Graduates will also be able to switch roles once they secure a permanent job at the end of their training programme, without the Sponsor having to undertake a resident labour market test. - The current Tier 2 Intra-Company Transfer (ICT) provisions are to be simplified by requiring all intra-company transferees to qualify under a single visa category with a minimum salary threshold of £41,500, with the exception of the graduate trainees. - The salary threshold for the Tier 2 (ICT) Short Term route will be increased to £30,000. ## Changes Due in 2017 Some of the other key changes will be implemented in 2017 and they include the following: - As mentioned above the Tier 2 (General) minimum salary threshold will be raised to £30,000 for experienced workers. - The Tier 2 (ICT) Short Term category will be closed to new applications - The Introduction of an annual Immigration Skills Charge (ISC) to be levied at an annual rate of £1,000 per person. At a reduced annual rate of £364 per person for small and charitable sponsors. - PhD roles, Tier 2 ICT Graduate Trainees and those transitioning from Tier 4 to Tier 2 General will be exempt from paying the ISC. - There will be a waiver of the Resident Labour Market Test and prioritisation for Tier 2 (General) places where the visa grant(s) are in support of the relocation of a high-value business to the UK or, potentially, an inward investment project. - There will be removal of the requirement for 12 months' overseas service for Tier 2 ICT Long Term Staff, for roles commanding a gross annual salary of over £73,900. - The MAC’s recommendation of a 24 month period of employment to qualify for Tier 2 (ICT) will not be introduced. Other changes include simplifying the immigration rules for work categories in order to make it easier for sponsors and applicants to understand and use. You can view the full ministerial statement of changes [here](https://web.archive.org/web/20191223042717/https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2016-03-24/HCWS660/). ## UK Immigration Advice for Tier 2 Visa Applicants and Sponsors [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Tier 2 visa application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. Our expert immigration solicitors provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment. --- # UK Business Faces £100,000 Fine for Employing Non EEA Illegal Workers Source: https://immigrationandvisasolicitors.co.uk/uk-business-face-100000-fine-for-employing-non-eea-workers/ *Earlier this month the Home Office Immigration Team conducted a raid on a UK recycling firm in Huddersfield which resulted in the arrest and detention of five illegal workers from outside the European Economic Area (EEA). The Home Office takes a harsh stance towards those suspected of living and working illegally in the UK and in the last several years have toughened up on UK business owners who are employing migrants from outside the EEA and are imposing tough civil penalties for businesses employing illegal migrants.* ## UK Business Raided for Suspected Illegal Workers In February this year, the Home Office's immigration enforcement team visited the premises of a recycling firm based in Huddersfield on suspicions that the firm may have been employing workers without the proper immigration documentation or the right to work. Five men aged between 41 and 47 were arrested because they were found to have no right to reside or work in the UK and the men are confirmed to be Non-EEA nationals from Nigeria, The Republic of  Congo and Liberia. Three of the men have already been removed from the UK. One of the two remaining men was released on Bail whilst his matter is being considered and he will have to report regularly to the Home Office in the meantime. The Home Office will also have imposed further conditions in order to ensure that the man will not abscond or continue to work without the appropriate visa in the UK. ## UK Business Fined for Employing Illegal Workers The Home Office have notified the business owners who were found to be employing the suspected illegal workers, that they are liable to pay fines of up to £20,000 for each illegal worker and could face criminal prosecution if it transpires that they failed to carry out the appropriate checks on their employees. This is a potential total penalty of £100,000. Deputy Director Anita Bailey, from Immigration Enforcement, stated; > This successful operation reflects our ongoing work to identify and arrest people who abuse the UK’s immigration system. > Our efforts to tackle illegal working will not stop. Using illegal labour is not a victimless crime. It defrauds the taxpayer, undercuts honest businesses and cheats legitimate job seekers of employment opportunities. > > > Employers who ignore the rules, and do not carry out the simple checks to ensure their employees have the right to work in the UK, will face the consequences. ## Are You a UK Business Served with a Penalty Notice from the Home Office If you are a UK employer that is found employing an illegal migrant, you would get a ‘referral notice’  from the Home Office to let you know that your case is being considered. The Home Office may also fine you  (i.e. a civil penalty) of up to £20,000 for each illegal worker. The ‘civil penalty notice’ will give the employer payment options and tell you what do next. It will also tell you how to object to the civil penalty and how to appeal. The Home Office may also publish the employer’s details as a warning to other businesses not to employ illegal workers. Those who are found to have ‘knowingly employed’ an illegal worker, could be sent to jail for up to 2 years and receive an unlimited fine. It is therefore, imperative that employers are aware of the current immigration rules and their duties. ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business and have been affected by the Home Office's raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor these migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # UK Government Publishes top tips for Tier 4 Student Visa Applications Source: https://immigrationandvisasolicitors.co.uk/uk-government-publishes-new-guide-tier-4-student-visa-applications/ *Last week the Home Office published a new guidance note along with top tips for students when making an application for a Tier 4 Student visa. The guidance note was published in an effort by the UK Government to encourage more international students to come to the UK and is aimed at students from outside the European Economic Area (EEA) wishing to make a visa application to study in the UK. We summarise some of the key points below;* ## Home Office Guidance for Tier 4 Students - All students need to demonstrate that they have a place to study at an institution on the UK's list of Tier 4 sponsors, and that they can speak the required level of English for the course. - The level of English required will depend on the type of institution you are studying at and the type of course. This may mean passing a secure English language test (SELT). If you require a SELT you must obtain this before your sponsor issues a confirmation of acceptance for studies (CAS). - Students should ensure that they have the appropriate documentation such as A Confirmation of Acceptance for Studies (CAS) which is completed by the Tier 4 sponsor that has offered the student a place and the CAS should contain details about the student , the course, and the student's English language skills. - Students must provide sufficient evidence to show that they have adequate finances to pay for their course fees, their living costs and fees for any dependants if applicable. - Students must ensure that the funds available to them must have been held in their account for a specified period as detailed in the guide, the application form and the UKVI website. - Where documents are requested by the Home Office, students should provide originals and ensure that any documents which are not in English are translated. - Students are advised of the availability of a range of priority services and should check what services are available to them at their local visa centre. - The guide further advises students on options available if they wish to stay in the UK to work after completion of their studies. - Other tips include information about paying the NHS Health Care Surcharge and registration of their Biometric Data are also available on the [UK Government 's guide](https://web.archive.org/web/20200807143226/https://www.gov.uk/government/publications/applying-for-a-uk-tier-4-student-visa). The Government has said; >  "The UK recognises the important contribution international students make, and welcomes those who wish to study at our world-class institutions. This leaflet is designed to provide you with some information about the Tier 4 visa routes for those wishing to study in the UK. It also provides information on the routes for short-term study. > > Visit [www.gov.uk/visas-immigration](http://www.gov.uk/visas-immigration) for detailed and up to date guidance before proceeding with your application. ## Criticisms of the UK Government's Top Tips Students should note that there has already been criticism of the Home Office guide  as it is misleading to suggest that students can rely on funds from a family member and that the funds can be held in someone else's account. The latest policy guidance from the Home Office for Tier 4 Student Visa Applications states that; > You can use money held in an account owned by you or by your parents or legal guardian. If you are a Tier 4 (General) student and using funds held by your parent(s)/legal guardian(s), you will need to show us evidence that you are related to your parent(s)/legal guardian(s) and that you have their permission to use this money; > If you a Tier 4 (General) student and are relying on money held by your parent(s)/legal guardian(s), you must show that you are related to them and must provide one of the following: i. your birth certificate showing the names of your parent(s)/legal guardian(s); or ii. your certificate of adoption showing names of both parent(s) or legal guardian(s); or iii. a Court document naming your legal guardian(s). The document use must be the original legal document or a notarised copy; > > > If you are relying on money held by your parents(s)/legal guardian, you must also show that your parent(s)/legal guardian have given their permission for you to use this money. You must provide: a letter from your parent(s) or legal guardian(s). The letter must confirm: the relationship between you and your parent(s) or legal guardian(s); and  that your parent(s) or legal guardian(s) have given their consent to you using their funds to study in the UK. In any case prospective students who wish to come to study in the UK should obtain legal advice before making their application for a Tier 4 Tier 4  student visa, especially if they wish to rely on funds provided by a third party in order to avoid the visa application being refused by the Home Office. ## UK Immigration Advice For Tier 4 Visa Applicants and Sponsors [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Tier 4 application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. Our expert immigration solicitors provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us for a telephone assessment. --- # Tech Nation Visa open to Tier 1 (Exceptional Talent) Visa Applicants Source: https://immigrationandvisasolicitors.co.uk/tech-nation-visa-open-tier-1-exceptional-talent-visa-applicants/ *We recently reported on some welcome [proposed changes ](https://immigrationandvisasolicitors.co.uk/an-evolution-of-the-tier-1-exceptional-talent-visa/)to the Tier 1 (Exceptional Talent) Visa route specifically under the Tech Nation Visa scheme. The Tech Nation Visa Scheme makes it possible for talent from outside of the European Economic Area (EEA) to come and work in the UK’s digital technology sector. Tech City UK has made positive amendments to the endorsements necessary for Applicants to become eligible to apply for a Tier 1 (Exceptional Talent) visa. We have outlined what this means for Applicants below;* [](https://web.archive.org/web/20190319153434/https://immigrationandvisasolicitors.co.uk/tech-nation-visa-open-tier-1-exceptional-talent-visa-applicants/) ## Tier 1 Exceptional Talent Route Under Utilised In November 2015, Tech City UK (Tech Nation) and the Home Office announced new qualifying criteria had been added to Tech City UK’s Tier 1 (Exceptional Talent) endorsement standards. The changes were aimed at ensuring that the UK is able to attract exceptional talent from across the world and to maintain the UK’s “position as a globally competitive digital powerhouse”. The Tier One (Exceptional Talent) Visa is one of the least utilised visa options available for non-EEA nationals wishing to enter the UK.  A survey conducted by [PwC's 2015 Global Digital IQ Survey](http://www.pwc.com/gx/en/services/advisory/2015-global-digital-iq-survey/key-findings.html) found 78% of UK companies consider a skills shortage in digital expertise as one of their main barriers to progress. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers welcome the Home Office recommendations and are pleased to the see direction and scope of the digital sector agreements with the Home Office. The changes made by Tech City are encouraging and should be welcomed because they will have a positive impact on the Tier 1 (Exceptional Talent) applications and thus the UK economy. The changes are in complete harmony to the spirit of the Tier 1 category which is to promote investment in the UK economy and to boost the UK economy. ## What this means for Tier 1 Exceptional Talent Visa Applicants What this means for talented visa applicants in the technology sector is that Tech City is able to consider applications from individuals who are able to demonstrate “Exceptional Promise”; there is a fast-track application procedure for digital businesses in the seven cities under the Tech North remit (including Leeds, Liverpool and Manchester); and if you are an overseas team of up to five individuals and want to relocate your team to the UK, you may also qualify for fast tracking. Under the current UK immigration rules, Tech City UK has the power to endorse 200 of the 1000 application places available under the Tier 1 (Exceptional Talent) Visa.  With only 37 applications made under the scheme so far, there are still plenty of places left in 2016. ## Successful Tier 1 (Exceptional Talent) Visa Applications It is particularly pleasing to see that the Home Office is considering the needs of UK businesses who are in desperate need of skilled migrants in the Technology sector. If you are interested in applying under this route, our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a [Tier 1 (Exceptional Talent)](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) visa application. We are regularly instructed by Tier 1 (Exceptional Talent) entrepreneurs and undertake [a detailed review for ](https://immigrationandvisasolicitors.co.uk/) Applicants and will be able to guide you through the process of making a [Tier 1 (Exceptional Talent)](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) visa application step by step and limit the possibility of failure by complying with the strict letter of the law. From our experience, we have found that the UK Border Agency are very strict when deciding applications under this route so if you consider yourself as having exceptional talent, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to arrange a consultation in which we will guide you through the process.** Successful [Tier 1 (Exceptional Talent)](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) Visa Applications** We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 1 (Exceptional Talent) entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # Chief Inspector of Borders Criticises The Home Office Source: https://immigrationandvisasolicitors.co.uk/chief-inspector-borders-criticises-home-office/ *Earlier this month the Chief Inspector of Borders and Immigration, David Bolt, published a new report which is highly critical of complaints handling by the Home Office. The findings echo similar findings by the Parliamentary and Health Service Ombudsman’s report in **November 2015.** We outline some of the findings of the inspection for you below;* ## Chief Inspector’s Independent Findings The report found that the Home Office had clear and simple procedures set up in place for making complaints which are accessible through the Home Office websites, leaflets and in posters and applauded the Home office that this was evidence of good practice. The report concluded that there were several areas where there was considerable room for improvement and it particularly found: - That there was inconsistent guidance for the caseworkers and complaint handlers on how to deal with complaints; - One in five complaint responses was in an inappropriate tone or not in plain English. - Complainants were misled to believe that individual immigration officials could not be identified when in fact no effort had been made to identify them; - The Home Office regularly missed its own 20 day time limit for complaint responses. - Poor record keeping including tracking complaints to ensure that people received a satisfactory and timely response ; and - Failure to pursue all line of enquiries in respect of complaints of minor misconduct These findings echo a report issued by the PHSO in November 2015, based on its investigation of 158 complaints from 2014/15, which referred to the Home Office’s poor complaint handling, citing delays, poor decision-making and not doing enough to put things right and learn from mistakes. ## The Chief Inspector's Recommendations and the Home Office Response The report made eight recommendations for improvement some of which include the following; - The Home Office should conduct a fundamental review of current guidance in relation to complaints handling and ensure that the guidance is concise, unambiguous and practical; - There needs to be quality assurance checks in place and sufficient management to ensure that the guidance is being applied as intended. - Home Office must ensure that the investigation of complaints is thorough and impartial, that responses deal with the substance of the complaint, and that remedies are appropriate. - Ensure that, where requested, the response to a request for a review of the handling of a complaint notifies the complainant of their options should they remain dissatisfied. - Review the stated aim to respond to all complaints within 20 working days and either take steps to ensure that it is achieved in 95% of cases, in line with the published service standard, or revise it to provide complainants with a realistic timescale for a response. The Home Office has responded by stating the following; > We recognise the ongoing need to improve and welcome the challenge and recommendations in this report. We have already made progress in implementing some of the ICI’s recommendations, several of which are being taken forward as part of the pre-existing Correspondence Improvement Programme. You can read the full recommendation by the Chief Inspector of Borders and the Home Office response [here.](https://www.gov.uk/government/publications/home-office-response-to-the-report-on-an-inspection-of-the-handling-of-complaints-and-mps-correspondence) ## UK Immigration Legal Advice & Successful UK Visa Applications Choosing the right law firm from the beginning will not only allow for an easy mind in preparing for an application, but will also mean that in the long run applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your matter or if you need to issue a complaint to the Home Office by providing you with advice that is tailored to your particular immigration matter. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276  for a telephone case assessment. --- # Zambian national wins deportation decision in Court of Appeal Source: https://immigrationandvisasolicitors.co.uk/6121-2/ *The Court of Appeal recently considered the case of [The Secretary of State for the Home Department v JZ (Zambia) [2016] EWCA Civ 116 (01 March 2016)](http://www.bailii.org/ew/cases/EWCA/Civ/2016/116.html)**. The case concerned a Zambian national who had received a Home Office deportation decision as a foreign criminal. The individual appealed against that decision, relying on article 8 of the European Convention on Human Rights.  The First-tier Tribunal allowed appeal in favour of the Zambian national as did the Upper Tribunal. The Home Office then appealed to the Court of Appeal. We consider the case in detail below. * ## The Facts The deportation case concerned a Zambian national born who was born and raised in Zimbabwe.  His mother is a Zambian national of Congolese descent and his father was a German national of Lebanese descent. In 2003 the Zambian national came to the UK with his mother and stepfather. He lived with them and his half siblings, except when he was in prison.  In 2010 all of his family obtained Indefinite Leave to Remain.  In 2013 his mother, stepfather and half-siblings became British citizens. In August 2011 he took part in the riots that took place in London.  At one stage he hurled a burning plank of wood at the police. His mother who saw the film of the rioting on television recognised her son and reported her own son to the police.  This must have been an agonising decision for her, but she did the right thing. On 28 May 2012 at Wood Green Crown Court he pleaded guilty to one count of violent disorder and two counts of arson. He was sentenced to a total of 4½ years’ detention. The Home Office decided to deport the Zambian national referring to him as a “foreign criminal” and served him with a deportation notice. ## The Court of Appeal Deportation Decision The Judge when making his decision took into account the following: -  the Zambian national's family had settled in the UK and obtained British citizenship; - exceptional circumstances; - the Zambian national's residence in the UK and his age when committing offences; The Judge then held: > both the First-tier Tribunal and the Upper Tribunal correctly applied the Immigration Rule...those Tribunals took account of the individual’s Convention rights through the lens of the Immigration Rules.  The tribunals concluded, and were entitled to conclude, that exceptional circumstances existed which outweighed the public interest in deporting the individual. Accordingly the appeal was dismissed in favour of the Zambian national. ## UK Immigration Legal Advice for Deportation Appeals Choosing the right law firm from the beginning will not only allow for an easy mind in preparing for an application, but will also mean that in the long run applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Deportation Appeal by providing you with advice from our leading team of barristers before your matter even reaches the Immigration Tribunal. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276  for a telephone case assessment. --- # MAC Recommends Review of Skills Shortage in The UK IT Sector Source: https://immigrationandvisasolicitors.co.uk/tier-2-intra-company-transfers-more-common-in-it-sector-says-mac/ *According to a [review](https://www.gov.uk/government/publications/migration-advisory-committee-mac-review-tier-2-migration) published by The Migration Advisory Committee (MAC), earlier this year into the Tier 2 visa route, the IT sector uses 93% of the Tier 2 Intra-company Transfer (ICT) route for third-party contracts. MAC expressed concerns that the use of third party contracting within the IT sector may be used to take advantage of cheaper and more flexible labour from outside the European Economic Area (EEA) and recommended that the UK Government consider carrying out a more in-depth review of the skills shortages within the IT sector and the subsequent impact of immigration in this area.  We summarise and analyse MAC’s review and recommendations below.* ## The Use of Tier 2 Intra Company Transfer Route in the UK IT Sector [The Tier 2 (Intra-company Transfer)](https://immigrationandvisasolicitors.co.uk/tier-2-intra-company-transfer/) route allows multinational companies to transfer key personnel from their overseas branches to the UK for temporary periods, rather than to fill permanent vacancies in the UK. The route allows a company to develop and train a current employee with new skills, as opposed to hiring a new worker to obtain the desired skills. According to MAC’s [report](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/493039/Tier_2_Report_Review_Version_for_Publishing_FINAL.pdf), during the 12 months ending in August 2015, over 50 per cent of applications under the Tier 2 ICT category were for IT related roles. The report also highlighted that a new use of the Tier 2 ICT route had emerged other than the conventional uses which is for the purpose of third-party contracting. MAC found that an increasing numbers of UK IT workers were becoming self-employed contractors to reflect the fact that highly-skilled talent is in relatively short supply and IT workers were choosing to maximise their earning power through self-employment. Therefore MAC recommends that the government should commission a more in-depth review of skills shortages within the IT industry, which heavily relies, in particular, on the Tier 2 ICT visa. ## MAC Recommendations for Review One of MAC’s key concerns is that sponsors in the IT sector may be using the Tier 2 ICT route to enable non-EEA nationals to carry out work for third-party organisations, which gives businesses a considerable cost advantage.  Furthermore it was concerned that foreign national employees were being paid less than it would cost to employee UK workers and that this is not contributing to the stock of IT skills within the UK workforce The report states that: > The ‘conventional’ use of the Tier 2 (Intra-company Transfer) route, where a small number of highly skilled specialist staff are brought into the UK to impart their skills or gain experience, delivers significant benefits to the UK, encouraging foreign trade and investment. Therefore to ensure that those benefits continue to be derived from the Tier 2 ICT route MAC has made the following recommendations; - extending the qualifying period with the company overseas for intra-company transfers from 12 months to 2 years for the short-term and long-term routes - MAC recommends that Tier 2 ICT sponsors should be required to enter a more detailed description of the role on the CoS application form to ensure that the role is sufficiently specialist - MAC further recommends that Tier 2 (Intra-Company Transfer) migrants be subject to the immigration health surcharge - There is also a recommendation that a new route be created alongside the conventional Tier 2 (Intra-company Transfer) route, designed specifically for third-party contracting - MAC recommended an increase in the salary thresholds required for third party contracting as a way to prioritise applications and prevent any undercutting and displacement within the UK labour market. It further recommends that the salary threshold be set at £41,500 - It goes on to recommend that the Government commission an in-depth review of skills shortages within the IT industry - And according to its report MAC strongest recommendation is for any changes to be kept under active review Every cloud has a silver lining and fortunately ****the MAC has not recommended restricting the right to work for their dependants. This flexibility for dependants is an incentive for skilled employees with families to come to the UK. ## UK Immigration Advice for Tier 2 Visa Applicants and Sponsors [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Tier 2 visa application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. Our expert immigration solicitors provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment.   --- # UK Immigration Updates: Home Office Approved English Language Tests Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-updates-home-office-approved-english-language-tests/ *The Home Office recently published an [updated list](https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests) of approved secure English language tests (SELTs) and test centres. If you are coming to the UK as a student, a spouse or to work, you are required to have a minimum level of A1 or B1 of the Common European Framework of Reference (CEFR) in speaking and listening from a UKVI approved centre. **There have been several changes in the recent years to the list of SELTs and approved test centres.  UK visa applicants should consult immigration lawyers for legal advice, if in doubt of how any of the recent changes apply to them.* ## UKVI Approved English Language Tests Since 6 April 2015 only exams from Trinity College and the International English Language Test System (IELTS) have been accepted for UK visa applications. The IELTS has been approved by the Home Office as a secure English language test for UK immigration purposes. As a result two new tests have been developed; - The IELTS Life Skills test and - The IELTS for UKVI. Applicants making Tier 1 or Tier 2 visa applications (excluding Tier 2 Intra Company Transfer route) or Tier 4 visa application are required to take the IELTS Academic or the IELTS General Training for UKVI. This is because the tests have been approved by the UKVI and as a result are designed to meet certain administrative requirements as specified by the Home Office. The IELTS life skills test is for individual applicants applying: - as dependants of UK citizens or settled persons; and - for indefinite leave to remain or citizenship. The IELTS Life Skills test is available at two levels. Level A1 Speaking and Listening and level B1 Speaking and Listening. Applicants are required to select their choice of test at the booking stage on the IELTS website. Applicants must therefore exercise care when making their selection in order to avoid the delay and expense that could be incurred should an incorrect test be chosen. In light of these ongoing developments, Applicants are advised to check the most recent list of [approved SELTs](https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests) before booking an English language test to ensure that it is accepted by the Home Office. ## Meeting the Home Office's English Language Requirement If you are applying for a UK visa that requires you to prove your level of English, our expert Immigration Solicitors will be able to guide you. You can prove your knowledge of English by either: Passing an approved English language test at the required level (varies depending on the visa) in reading, writing, speaking and listening; or Having an academic qualification that has been taught in English and is recognised as being equivalent to a UK bachelor’s degree. Furthermore, you may be exempt or are able to show to meet the English language requirement in other ways. Find out more by booking a consultation with our Solicitors who are based in central London. A detailed consultation will ensure that you leave with a greater understanding of what is required of you to make a successful visa application. ## UK Visa Advice For Applicants If you would like to discuss how the English language requirement may affect you, call one of our immigration solicitors in London who will be able to assist you by meeting with you and reviewing your case. There are many providers but many have had their visas refused for taking tests with rogue providers. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/)/instruct us so we can review your case and ensure you have the correct documentary evidence in place in this regard.   --- # UK Immigration Policy: 28 Day Grace Period for Overstayers Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case/ *We recently [reported](https://immigrationandvisasolicitors.co.uk/upper-tribunal-interprets-requirements-for-spouse-visa-extension-application/) on The Upper Tribunal decision to grant a couple permission to Judicially Review the Home Office’s refusal in the case of R (on the application of [Bhudia](http://www.bailii.org/uk/cases/UKUT/IAC/2016/25.html)) v Secretary of State for the Home Department (para 284(iv) and (ix)) IJR [2016] UKUT 25 (IAC)**.  The Upper Tribunal in its decision went on to confirm that UK visa Applicants  who have overstayed for a period of no more than 28 days, may continue to apply for leave to remain in the same way as a person who has leave. We have outlined the current rules and the Upper Tribunals comments below. * [](https://immigrationandvisasolicitors.co.uk/uk-immigration-case/) ## UK Immigration Rules: 28 day Grace Period The UK immigration rules that came into force in July 2012 and October 2012 for most UK visa applications were amended to include a provision which stated that applicants for most UK visa applications including Points Based System and Settlement applications alike, who applied out-of-time would not fall for mandatory refusal, provided that they applied within 28 days of their visa expiry date. The provisions go on to confirm that to be eligible to apply, an Applicant must have leave to remain in the United Kingdom at the time of making the application, but the rules further stipulate that any period of overstaying of 28 days or less will be disregarded. The Rules were amended to ensure that Applicants who had made out-of-time applications within the 28 day grace period, and whose applications were ultimately approved, would still be considered to have a clean immigration history with respect to any subsequent application for settlement. One of the main requirements for indefinite leave to remain is for an Applicant to show that they have been continuously and legally resident in the UK for a certain period of time. A gap in their leave could be considered a break of continuous residence, leaving them ineligible for ILR. The amendment to the rules since 2012 therefore allow persons who have had to rely on the 28 day grace period to continue to be eligible for settlement, which again, was a welcome development for many Applicants. ## Upper Tribunal's Determination In [Bhudia](http://www.bailii.org/uk/cases/UKUT/IAC/2016/25.html), The Home Office raised the argument that an application could be refused where an Applicant had overstayed irrespective of the whether the applicant made an application during the 28 day overstay grace period. The Upper Tribunal disagreed with the Home Office and in its judgement confirmed its preferred interpretation of the rules regarding the 28 day grace period. The Upper Tribunal comments: * * > We prefer the construction that the 28 day period specified in paragraph 284(iv) is to be measured by reference to the date of the application made and that the requirement enshrined in this subparagraph is satisfied provided that the application is made within a period of 28 days beginning on the date immediately following the final day of the applicant's lawful sojourn in the United Kingdom. The Upper Tribunal's construction makes it clear that Applicants can continue to rely on the assumption that they can submit an application to extend their leave or switch their visa to a different category within 28 days of their visa expiry and that their application will not be refused wholly on this basis. The Upper Tribunal did not provide additional clarification with  reference to the construing the visa expiry date, but since the applicant in [*Bhudia*](http://www.bailii.org/uk/cases/UKUT/IAC/2016/25.html) applied within 28 days of the expiry date of the visa, it was not an issue to be determined.This particular appeal concerned a refusal of a spouse visa extension, but the principle should apply to any applicant submitting an application within 28 days of overstaying in the UK. ## Successful UK Visa Applications and Appeal Solicitors [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have had a visa application refused and you have been given the right to appeal, contact our expert immigration team for legal advice. Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through your appeal process step by step and limit the possibility of failure by complying with the strict letter of the law. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our legal case assessment form and we will get in touch or call us now on 02030110276 for a telephone assessment. --- # Tier 2 Business Sponsors: Increase of UKVI Compliance Visits Source: https://immigrationandvisasolicitors.co.uk/tier-2-business-sponsors-increase-ukvi-compliance-visits-may-05-2016/ *Recent news suggests that the Home Office have increased the number of unannounced visits to Tier 2 sponsors, to ensure that Tier 2 Sponsors are complying with their legal duties. The ability to Sponsor skilled workers from outside the European Economic Area (EEA) to come and work in the UK has previously been described by the [courts](https://immigrationandvisasolicitors.co.uk/uk-court-obtaining-sponsor-licence-is-a-privilege-not-a-right/) as a privilege. UKVI officials are therefore increasingly vigilant to ensure that businesses maintain compliance with the UK immigration rules and the process which allows businesses to employ skilled non- EEA workers continues to be used appropriately.* ## Home Office Unannounced Visits to Businesses The Tier 2 visa route allows businesses to recruit skilled workers from abroad and employers wishing to employ non-EEA migrants must obtain a sponsorship licence before they can sponsor a migrant. ‎Sponsors should be aware that UKVI officials can visit a sponsor at any time during the duration of the Tier 2 sponsor licence. Most sponsors can expect to be visited at least once every four years however if issues have been discovered during a previous visit, a sponsor can expect more frequent visits from the Home Office. The current Home Office [guidance](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/489269/PBS_sponsor_management_v13.0_EXT_clean.pdf) gives UKVI officers the power to conduct pre licence visits which allows officers to attend business premises to conduct checks to ascertain whether a business would be a suitable sponsor. A post-licence visit is one which takes place after a business has been granted a sponsor licence. UKVI officials conduct these in order to assess the following; - The sponsor’s HR systems and if they are meeting their sponsor duties - Whether the sponsor and/or the sponsor’s activities pose a threat to immigration control - If the original number of migrants requested on the sponsor application or annual request is still relevant or valid - If migrants working or studying with the sponsor are complying with the conditions of their leave to stay in the UK - If the sponsor continues to have a trading presence - If sponsored migrants under Tier 2 (General) or Tier 2 (ICT) were recruited to fill a genuine vacancy which meets the Tier 2 requirements in respect of skill level and pay – establishing this is vital, from 6 April 2014 a UKVI officer must revoke a sponsor licence if a sponsor has assigned a CoS for a vacancy which is not genuine ## Compliance with Sponsor License Obligations and UK immigration Rules Following the increase in recent visits to businesses we have highlighted below some key tips for sponsors to ensure that proper procedures are being followed to prevent any compliance issues and any issues and concerns raised by the Home Office during previous visits are properly addressed and remedied; - Informing the UKVI of any significant changes to the migrant’s circumstances, such as changes of job title, not turning up for work or employment ceasing - Ensuring that you have compliant HR systems in place to enable this - Assigning the correct type of Certificate of Sponsorship (CoS) to prevent incorrect refusal of CoS requests - Undertaking and maintaining records of the Labour Market Test where required - Ensuring you have up to date processes to enable you to track employees - Paying the employees at the appropriate rate and as specified on the CoS - Ensuring that details submitted to HMRC regarding the employee’s salary match the CoS - where there are any discrepancies, providing reasonable explanation to the UKVI - reporting changes in corporate structure to UKVI in a timely manner - Ensuring compliance with all other record keeping and reporting duties Failure to comply with UKVI rules could result in downgrading, suspension or revocation of a Sponsor’s Licence which means that the employer will be banned from recruiting migrant workers in the future. Worst of all the loss of sponsorship due to one employee will have a knock on effect on all existing Tier 2 sponsored employees who will also lose their jobs. All employees sponsored under the revoked Tier 2 licence would be forced to leave the UK unless they can find a new sponsor to employ them almost immediately. If you are concerned about compliance issues following a visit from the UKVI or at any other time we would recommend that legal advice is sought immediately. ## UK Immigration Compliance Solicitors for Businesses Our advice for UK businesses/employers (corporate clients) and education providers encompass the following: - Ongoing compliance with UK immigration laws and sponsorship duties for Tier 2, Tier 4 and Tier 5 Sponsor; - Advice on Prevention of illegal working; - Assistance with Home Office Audits; - Advising on appropriate record keeping and monitoring processes; - Training for businesses and educational institutions, including training on compliance procedures and recruiting international staff and students; and - Keeping you updated with the changes in [UK Immigration Law](https://www.gov.uk/government/collections/immigration-rules). [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers are ready to provide you with effective solutions to your business  immigration needs. Our expert immigration solicitors based in London, provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone case assessment. --- # UK Business Sponsors: Challenging A Civil Penalty Notice Source: https://immigrationandvisasolicitors.co.uk/uk-businesses-employers-challenging-civil-penalty-notice/ *Recent data taken from the Home Office has shown an increase in the amount of civil penalty fines being issued to UK businesses and employers for employing migrants from outside of the European Economic Area (EEA) with no right to work in the UK.  From 1 April 2015 to 30 June 2015, the Home Office issued 539 civil penalties across the UK, with fines amounting to £10,585,000.  These penalties if unchallenged can be quite financially and otherwise costly to businesses.  We have highlighted below the grounds to and benefits of challenging such a civil penalty notice below.* ## Civil Penalty for Businesses Found Hiring Illegal Workers [Employers in the UK have a responsibility to prevent illegal working in the UK](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/311668/Code_of_practice_on_preventing_illegal_working.pdf) by ensuring that their employees have the right to work here. Earlier this year, a study by SterlingBackcheck revealed that 38% of employers fail to check whether their employees have the right to work in the UK. The UKVI has heavily cracked down the whip in order to ensure that UK businesses and employers are complying with the UK immigration rules and currently the Home Office has wide ranging powers and the ability to do any of the following; - The Home Office can issue the employer a fine of up to £20,000 per individual found working illegally; - As a consequence business licences may be revoked such as alcohol licenses, late hours licenses etc ; - The Home Office can publish details of the employer and the immigration breach on its website which could negatively impact the company’s reputation; - An employer’s national insurance allowance can be withheld for 12 months; - In some cases company directors have been disqualified as a result of employing illegal workers; and - Criminal prosecution of up to two years for employers, where it can be proven beyond a reasonable doubt that an employer knew the employee did not have the right to work. In addition, the new Immigration Bill 2015-2016, proposes to widen the power to criminally prosecute employers to “any employers who knew *or had reasonable cause to believe*” that an employee was working illegally. ## Grounds to Challenge a Civil Penalty Notice An employer who receives a civil penalty notice will be served with a statement of case by the UKVI, stating the reasons for the issue of the civil penalty notice. This gives the business the opportunity to challenge the decision by objecting to the notice and providing further evidence to demonstrate that: - They are not liable because they did not employ an illegal worker; - They performed the required [document checks](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/473910/right_to_work_3_step_check.pdf) on the illegal employee and therefore have a statutory excuse; or - The penalty is too high because mitigating factors were not properly taken into account. If the result of the objection is unfavourable, there are further opportunities to appeal the decision in the County Court on similar grounds. If an employer successfully challenges the decision to issue a civil penalty notice, by providing evidence that there are mitigating circumstances as described above, the amount of fine issued can be reduced or wiped entirely. ## Are You a UK Business Served with a Penalty Notice from Home Office If you are a UK employer that is found employing an illegal migrant, you would get a ‘referral notice’  from the Home Office to let you know that your case is being considered. The Home Office may also fine you  (i.e. a civil penalty) of up to £20,000 for each illegal worker. The ‘civil penalty notice’ will give the employer payment options and tell you what do next. It will also tell you how to object to the civil penalty and how to appeal. The Home Office may also publish the employer’s details as a warning to other businesses not to employ illegal workers. Those who are found to have ‘knowingly employed’ an illegal worker, could be sent to jail for up to 2 years and receive an unlimited fine. It is therefore, imperative that employers are aware of the current immigration rules and their duties. If you have received a civil penalty notice and would like to discuss your options, please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to arrange a consultation with one of our expert Immigration Solicitors. If you are a UK business and have been affected by the Home Office's raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor these migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # Sponsor Licence Success for High Profile UK Charity​ Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-case-study-successful-tier-2-sponsor-license-for-uk-charity/ *Our expert immigration lawyers were recently instructed to assist in the preparation and submission of a Tier 2 Sponsor Licence Application for a highly respectable international charity organisation. The Charity, which had been operating in the UK for several years, wished to acquire the services of a highly skilled worker from outside of the European Economic Area (EEA). After receiving the Applicant’s instructions in an initial consultation with our expert immigration lawyers, we were instructed to make a Tier 2 Sponsor Licence Application on behalf of the Applicant along with legal representations.** * *[](https://immigrationandvisasolicitors.co.uk/uk-immigration-case-study-successful-tier-2-sponsor-license-for-uk-charity/)* Within a month of submitting the online Sponsor Licence Application and sending the Home Office detailed legal representations accompanied with the relevant supporting documents, our business immigration solicitors received news that the charity had been successfully listed on the Home Office’s Tier 2 Sponsor Register and can now hire highly skilled workers from outside the EEA Countries. ## UK Sponsor Licence for Employers The Tier 2 Sponsor Licence allows UK businesses to employ non-EEA migrant workers within their organisation. Obtaining a Sponsor Licence is a far from straightforward process and involves referencing not only the current UK immigration laws but also the Home Office’s supplementary guidance notes which can be quite complex. [Statistics released by the Home Office earlier this year in January,](https://www.gov.uk/government/publications/immigration-statistics-october-to-december-2015/list-of-tables) revealed that altogether there were 29,680 employers on the Sponsor Register on 4 January 2016 which was 4% more than October last year (29,361). This means that there is a steady increase of organisations being granted permission to hire non-EEA migrants. Today, 30,111 UK businesses are listed on the Home Office's Tier 2 Sponsor Register, all are able to hire nationals from outside the EEA countries. In the case of a charitable organisation, they can also employ Non - EEA national volunteers under the charity worker category. The charity will need to obtain a sponsor licence from UKVI and pay the Home Office fee for the same. When the licence is granted, the charity can issue a Certificate of Sponsorship, which it will assign to the volunteer. This unique reference number is what the volunteer will have to use to apply for permission to volunteer for that charity in the UK. ## Obtaining a UK Business Sponsor Licence In this case, our client was a UK registered international charity organisation which had been operating for several years and is focused on helping people make informed decisions about healthcare. The charity needed to recruit the services of a highly skilled worker from outside the EEA area and they approached our immigration lawyers for advice. In some circumstances, employers may need to carry out a Resident Labour Market Test unless one of the exemptions apply. The Resident Labour Market Test requires employers to advertise a position in the UK in certain prescribed ways to provide evidence to the Home Office that there is no suitable worker already within the UK workforce who could do the job. Our immigration lawyers, who are regularly instructed by UK companies, were quick to advise the charity on navigating the rules and the documentation needed to accompany the application and in doing so were able to ensure a successful result. ## Expert Business Immigration Lawyers [Our team of experienced and professionally qualified solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) will be able to guide you through the [Tier 2 UK Sponsorship Licence applications](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now 02030110276 on for a telephone case assessment. --- # EU Referendum: Impact on EEA/Non-EEA workers & Businesses in the UK Source: https://immigrationandvisasolicitors.co.uk/the-eu-referendum-and-the-impact-on-uk-immigration/ *With just under a month to go until the UK’s vote on the EU Independence on 23 June 2016, the campaigns for remaining a member of the European Economic Area (EEA) or exiting the EU have heated up significantly. There’s no doubt that the arguments from both sides of the fence remain strong, unwavering and just plain confusing to the British public who get to decide on this historically long held debate. The immigration consequences of the outcome of this vote will not only impact EEA nationals and their non-EEA family members, many UK businesses are also concerned about the impact a UK exit from the EU will have on their businesses and o**ur business clients have advised us that they have had increases in enquiries from their staff on how this will impact their immigration status in the UK. We have outlined the key immigration issues raised by the upcoming referendum.* [](https://immigrationandvisasolicitors.co.uk/the-eu-referendum-and-the-impact-on-uk-immigration/) # Immigration Implications for Brexit The [free movement of people](http://ec.europa.eu/social/main.jsp?catId=457&langId=en) is one of the four economic principles of the EU. Therefore in theory a UK exit from the EU would mean that EU nationals would no longer have the automatic right to reside and work in the UK, and vice versa unless they had already obtained permanent residency. In the event of Brexit, however, the UK may have to agree to continued freedom of movement in exchange for access to the Single Market.  The argument raised by the Leave campaigners is that the UK would be entitled to decide its immigration policy, however proposed ideas for what those policies would be remains to be seen. Those on the remain campaign rightly point out that there are many benefits of migration to the United Kingdom from both EEA and non-EEA countries as immigration plays a significant role in increasing tax revenue and supporting economic growth. Therefore the changes to immigration as a whole will be an area of policy to watch out for if the UK votes to leave the EU. ## If the UK Votes "Leave" Many of the speculation and theories around the biggest consequence of a vote to leave is that should the UK vote to leave the EU it will as a consequence no longer be bound by free movement of members from the EU. It is difficult to speculate on whether having a right of permanent residency in the UK will be crucial to EEA nationals should the UK vote to leave EU. We have continued to receive a lot of enquiries about obtaining permanent residency. Many may well choose to obtain this right in order to confirm their right to residence and to obtain proof of such ahead of the outcome of the vote in June. In the United Kingdom, the current rules governing a right of permanent residence fall under Regulation 15 of the Immigration (European Economic Area) Regulations 2006 (EEA Regulations). Regulation 18 of the EEA Regulations governs the documents which can be held as evidence of a right of permanent residence. In the case of EEA citizens, this is known as a “document certifying permanent residence”, for a non-EEA family member; this is known as a “permanent residence card”. Even if the United Kingdom does leave the European Union and net migration is significantly reduced which has been the focus of UK immigration policy for the last few years, another possible immigration impact of Brexit is the relaxing of controls on skilled migration which could potentially relieve some of the barriers to growth imposed by current UK Immigration policy, which prevents many companies from recruiting skilled workers. The government intends to further tighten restrictions, despite the evidence by the [Migration Advisory Committee ](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/493038/Executive_Summary-Tier_2_FINAL.pdf)(MAC) that such restrictions are likely to further damage productivity and growth. For  some businesses who employ a lot of EU and EEA nationals, their concern is that if the UK were to exit the EU, they will be required to hire EU and EEA workers, through the current immigration rules which are in place for businesses and employers hiring skilled workers from outside the EEA. The current rules require that the company/business/employer will need to obtain a [sponsor license](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) in order to be able to hire the worker. The significance of the referendum for immigration policy will only become clearer during the weeks and months and possibly years following the vote. What seems certain, though, is that the outcome of the referendum could have a huge impact on the British social, economical and political landscape - with immigration implications for EEA nationals, their non EEA family members and businesses across the UK. ## Legal Advice & Successful UK Visa Applications Choosing the right law firm from the beginning can ensure the correct applications are made from the outset this will not only allow for an easy mind in preparing for an application, but will also mean that in the long run applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. Many Applicants make the mistake of providing insufficient documentation and thus fail to evidence their recognised entitlement to apply for permanent residence or British Citizenship. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you require assistance with an application for permanent residence or British Citizenship you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment.   --- # Home Office Updates Policy on Section 3C Leave Source: https://immigrationandvisasolicitors.co.uk/home-office-updates-policy-on-section-3c-leave/ *The Home Office recently published a new updated version of its policy on [section 3C and 3D leave](https://www.gov.uk/government/publications/3c-and-3d-leave). Under the Immigration rules an Applicant can continue to remain in the UK whilst they wait for a decision on an application to extend their current visa. Section 3C and 3D prevents the Applicant from becoming an overstayer and extends the **Applicant’s UK immigration status during any waiting time for their application to be decided or for an appeal to be decided. The new update published by the Home Office highlights the recent changes to the immigration rules and the Home Office's updated policy when considering whether an Applicant continues to have a right to reside in the UK by virtue of section 3C. We have outlined key changes to UK immigration rules and Home Office policy on section 3C for you below.* ## The Immigration Rules The Immigration Act 1971 was amended to create a right under section 3C and 3D for an Applicant to remain in the UK after making a valid application to extend their visa and or when that application is refused. To benefit, the Applicant must have an existing leave to enter or remain at the time when the valid application is made. Section 3C then prevents such an applicant from becoming an overstayer during the period in which their application for an extension or variation of leave remains undecided and, thereafter, while an Immigration appeal against any refusal could be brought or is pending. Following the amendments to the section made by the immigration Act 2014, Applicants should  now be aware that the rules have been changed to state that section 3C will not apply when an applicant makes an application and the decision to refuse his application was made by the Home Office before the Applicant’s leave is due to expire. Section 3C subsection 1 states the following: > 3C Continuation of leave pending variation decision > (1) This section applies if— > (a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave, > (b) the application for variation is made before the leave expires, and > (c) the leave expires without the application for variation having been decided. > (2) The leave is extended by virtue of this section during any period when— > (a) the application for variation is neither decided nor withdrawn, > (b) an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought, while the appellant is in the United Kingdom against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), > (c) an appeal under that section against that decision, brought while the appellant is in the United Kingdom,] 4 is pending (within the meaning of section 104 of that Act), or > (d) an administrative review of the decision on the application for variation— > (i) could be sought, or > (ii) is pending… The consequences of this change for Applicants are very significant. The change means that where an Applicant makes an application to extend their leave in the UK whilst still having valid leave to remain in the UK, if such in application is refused before the the applicant's legal right to remain in the UK will expire once the Applicant's visa expires. It is perhaps the wiser choice for Applicants to refrain from making an Application whilst they still have a significant period of leave to remain in the UK.  An example of how this could work in the Applicant's favour, is where an Applicant delays making an extension application until the day before their leave is due to expire, any refusal in this case will follow after the expiry of said leave. Therefore section 3C will kick in and protect the Applicant’s right to remain in the UK pending the determination of their appeal. In any event if you are an Applicant wishing to make an application to extend your visa in the UK, you can contact us [here](https://immigrationandvisasolicitors.co.uk/contact-us/) to seek legal advice before submitting your application. ## Home Office Updated Policy The Home Office updated policy guidance states that the following key changes have been made its previous policy; > - The guidance clarifies that EEA applications do not qualify as applications that extend section 3C leave. > - the guidance also clarifies that section 3C leave does not apply where the Tribunal allows an appeal out of time or the Home Office withdraws a decision where section 3C leave is not in operation at the time the decision is withdrawn. Applicants from outside the European Economic Area (Non EEA) nationals should note that when they make an application to extend their current leave under the EEA Regulations, such an application will not treat their leave to remain in the UK as continuing. Therefore when the Applicants visa expires the Applicant will become an overstayer. Applicants who wish to make an EEA application to extend their current leave should seek legal assistance before making an application for an extension or variation of leave. The Home Office full policy guidance can be read [here](https://www.gov.uk/government/publications/3c-and-3d-leave). ## Successful UK Visa Applications and Appeals The changes to the Immigration Rules are the perfect example of the importance of legal advice when making a visa application or applying for an extension of your current UK visa. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. If you have had a visa application refused and you have been given the right to appeal, contact our expert immigration team for legal advice. Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through your appeal process step by step. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone case assessment. --- # New Upper Tribunal Ruling in Favour of Proxy Marriage for EEA Couple Source: https://immigrationandvisasolicitors.co.uk/new-upper-tribunal-ruling-favour-proxy-marriage-eea-couple/ *The Upper Tribunal in the case of [Cudjoe (Proxy marriages: burden of proof) [2016] UKUT 180 (IAC) ](http://www.bailii.org/uk/cases/UKUT/IAC/2016/180.html)allowed the appeal of a non-European Economic Area (EEA) family member of an EEA national against the Home Office’s decision to refuse to grant her an EEA residence card because the couple had been married by proxy outside the EEA. The case is an interesting one as it shows the Tribunal’s willingness to ensure fairness for couples regardless of the fact that marriage was conducted by proxy. We have outlined the key facts of the case below. * ## The Facts The Claimant was a Ghanaian national and she was married to a Dutch national who was working in the United Kingdom. They were married by proxy in Ghana, after the Claimant’s husband’s previous marriage was dissolved.  The Claimant and her husband provided documentation and a Dutch marriage expert report to show that their marriage was valid in Ghana and the Netherlands.  The Home Office refused to issue the claimant with an EEA Residence card document. The Claimant appealed to the First Tier Tribunal (FTT), and the appeal was allowed on the basis of the marriage certificate and a letter from the Ghanaian High Commission in London, that the marriage had been validly entered into according to the laws of Ghana; and having had regard to the decision in [Kareem [2014] UKUT 24](https://immigrationandvisasolicitors.co.uk/new-upper-tribunal-ruling-favour-proxy-marriage-eea-couple/) and the Dutch legislation presented to him that the marriage was valid according to the law of the Netherlands. The Home Office then sought permission to set aside the decision. Permission was granted and the matter was reverted back to the upper tribunal to decide whether the marriage is valid for the purposes of Dutch law and as such whether she was a family member of an EEA national. ## The Upper Tribunal’s Decision The Upper Tribunal made a new decision to allow the appeal and made an order that the claimant should be granted an EEA residence document. It found that the Claimant's marriage was valid according to Dutch law as she was the spouse of an EEA national, she is therefore a family member of an EEA national who had been at all material times a qualified person, and thus, she was and is entitled to the issuance of a residence card under Regulation 17(1) of the [Regulations](http://www.legislation.gov.uk/uksi/2006/1003/contents/made). The Upper Tribunal in its reasoning stated that in the case of an EEA national where there is a dispute about the validity of the marriage, the EEA national must prove the proxy marriage is lawful in country in which it was contracted and in the relevant EEA Member State. > It will be for an appellant to prove that their proxy marriage was in accordance with the laws of the country in which it took place, and that both parties were free to marry. The burden of proof may be discharged by production of a marriage certificate issued by a competent authority of the country in which the marriage took place, and reliance upon the statutory presumption of validity consequent to such production. The reliability of marriage certificates and issuance by a competent authority are matters for an appellant to prove. > The means of proving that a proxy marriage was contracted according to the laws of the country in which it took place is not limited to the production of a marriage certificate, as is recognised in [Kareem (Proxy marriages – EU law) [2014] UKUT 24 (IAC).](https://tribunalsdecisions.service.gov.uk/utiac/2014-ukut-00024) > > > In cases where a divorce has taken place prior to the proxy marriage and there is an issue as to whether the parties were free to marry, it is for an appellant to show that the dissolution of the previous marriage was in accordance with the laws of the country in which it occurred. ## EEA Immigration: Family Members of EEA nationals Non-European family members of EEA or Swiss nationals can apply for a residence card which confirms their right of residence under European law. European law defines ‘family members’ as spouses, civil partner, the EEA nationals children or grandchildren (or the children or grandchildren of the EEA nationals husband, wife or civil partner) who are under 21 years of age or are a dependent on them and the parents or grandparents of the EEA national and their husband, wife or civil partner, if they are dependent on them. ## Contact us for Successful EEA Residence Applications and Appeals Our team of experienced and professionally qualified solicitors and barristers (regulated by the Solicitor’s Regulation Authority) will be able to guide you through the application or the appeals process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 --- # Law Society: “Unfair” Proposals for 500% Increase to Immigration Appeal Fees Source: https://immigrationandvisasolicitors.co.uk/law-society-unfair-proposals-500-increase-immigration-appeal-fees/ *Jonathan Smithers, the president of the Law Society recently [conveyed concerns that](http://www.lawgazette.co.uk/practice/tribunal-fee-increases-will-deny-justice-law-society-warns/5055646.article) the Ministry of Justice's (MoJ) plans to increase UK immigration appeal fees may deter Appellants from taking matters to the tribunals thereby denying people access to justice. At the beginning of this month, the Ministry of Justice published its [proposals ](https://consult.justice.gov.uk/digital-communications/first-tier-tribunal-and-upper-tribunal-fees/supporting_documents/consultation%20document.pdf)to increase Immigration and Asylum Chamber fees by up to 500% from the current fee of £140 to £800 per individual. We consider the impact of the Government's proposals on access to justice below.* ## Access to Immigration Courts and Tribunals Access to justice is a vital part of an effective and functioning democracy and a fundamental aspect of the justice system and underpins access to justice and the rule of law in England and Wales. According the Government's own ministerial foreword, the courts and tribunal system provides a wide, diverse, and integrated range of services for the public, including: - providing the legal structure and certainty for business and commerce to flourish; - offering protection to children at risk of harm or assisting separating couples with arrangements of their financial and personal affairs;and - providing a criminal justice system that makes sure that anyone accused of a crime is given a fair and just trial. The Government's proposal highlights that there is a need for a properly funded courts and tribunals service that protects access to justice for all and therefore it has to balance the burden of funding the courts and tribunals between the general taxpayer and those who use the system. The introduction of enhanced court fees for the immigration and asylum chambers, therefore falls part of the Government's plan to achieving a system whereby Appellants bear the brunt of the costs of using the courts system. The Government in itself recognizes that there is a likely possibility that there will be an over representation of people with certain protected characteristics who are affected by these proposals. However this will not be discriminatory within the meaning of the Equality Act as the proposals will apply to all appellants and therefore are not considered to result in people being treated less favourably because of their protected characteristic. The law society has warned that the proposed increases will deny many access to justice and will be disproportionately felt by people with protected characteristics as the vast majority of immigration tribunal applicants are from black, Asian and minority ethnic backgrounds. Law Society president Jonathan Smithers said: > 'Everyone should be able to access the Asylum and Immigration Tribunal, irrespective of their financial means.The tribunal’s role is to resolve disputes between individuals and the state that obviously will affect an individual’s life and future. Access to justice for all through the tribunal must trump the “full cost recovery” imperative driving the MoJ’s proposal. ## MOJ's Proposals to increase Tribunal Fees According to [Government statistics](https://consult.justice.gov.uk/digital-communications/first-tier-tribunal-and-upper-tribunal-fees/supporting_documents/consultation%20document.pdf) Courts and tribunals in England and Wales cost £1.8 billion in 2014/15, and the Government received £700 million in income in return. The purpose of [consultation ](https://consult.justice.gov.uk/digital-communications/first-tier-tribunal-and-upper-tribunal-fees)which ran from from 21 April until 3 June was to set out the Government's proposal to run the UK Immigration and Asylum Chambers at full recovery costs levels as part of the Government's ongoing agenda to reduce public spending. Justice Minister Dominic Raab: > We have concluded that given the need to continue to pursue more ambitious cost recovery it is no longer reasonable to expect the taxpayer to fund around 75% of the costs of proceedings in this Chamber of the First-tier Tribunal. > > We therefore propose increasing fees in the First-tier Tribunal from £80 to £490 for an application for a decision on the papers and from £140 to £800 for an application for an oral hearing. We also propose introducing a new fee of £455 for an application to the First-tier Tribunal for permission to appeal to the Upper Tribunal.' The MoJ itself estimates that the fee increase would lead to a 20-40% drop in the number of appeals.  It is a well known consensus that matters are often decided more favourably for Appellants by the courts.  As a consequence, a drop in the number of appeals lodged due to unaffordable would mean Appellants are losing out to having their matters favourable and fairly decided at the tribunals. ##  Successful UK Visa Applications and Appeal Solicitors [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Visa Success: Tier 1 Investor Visa Extension Source: https://immigrationandvisasolicitors.co.uk/uk-visa-success-tier-1-investor-visa-extension/ *Our London immigration lawyers were recently instructed on an urgent extension application of a Tier 1 Investor visa. The client was a non-EEA national from China who had made a substantial financial investment in the UK as a Tier 1 Investor Migrant. Our client was residing in the UK for the last several years after investing £1 million in the UK. As a result of our immigration lawyers' legal representations and careful preparation of our client’s application and supporting documents, she was granted a two year extension within a month of us submitting her application.* ## Submitting a Successful UK Investor Visa Application Our UK immigration solicitors worked closely with the client in order to ensure that she met the [Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system) and submitted an appropriate bundle of documents. We were able to show that the client had money of her own, which was under her own control, held in a regulated financial institution and disposable in the UK amounting to no less than £1 million. Our City of London immigration lawyers were able to demonstrate to the Home Office that our client met the relevant Immigration Rules and [guidance](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/514081/T1__I__Guidance_04_2016.pdf) by producing lengthy and persuasive legal representations. Our immigration lawyers prepared our client’s application with the requisite supporting documents and submitted detailed representations in support of the application. Our meticulous preparation of the application and detailed representations ensured that our client was successfully granted leave to remain in the UK as a Tier 1 Investor within a month of us submitting her application. [[It should be noted that our client's Extension application had to be considered under the old Tier 1 investor visa old rules before the changes that came into force in November 2014.](https://immigrationandvisasolicitors.co.uk/uk-visas-update-changes-to-tier-1-investor-visa/)] ## Changes to Tier 1 Investor Visa Route [As we reported on 17 October 2014,](https://immigrationandvisasolicitors.co.uk/uk-visas-update-changes-to-tier-1-investor-visa/) Tier 1 Investor visa applications made from now have to meet a different requirement as per the statement of changes in the Immigration Rules published on 16 October 2014. The following [main changes to the Tier 1 Investor visa route](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364371/hc-693.pdf) are: - You must have a minimum of £2 million to invest in the UK. The money must be your own and must be held in a regulated UK financial institution. The money must also be disposable in the UK; - You must invest the full amount in prescribed forms such as share or loan capital in active and trading UK companies, or UK Government bonds. ## Making a UK Tier 1 Investor Visa Application The changes have now been implemented and will only apply to Tier 1 Investor applications made on or after the 6 November 2014. Applicants who currently hold a Tier 1 Investor visa, need not worry as they will only need to invest £1m but will remain subject to the current rules like our client above, including the "topping up rule" and the 75:25 split. Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1 Investor visa application (and applications for your dependents) step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # Could the English Premier League be the Latest Victim of Brexit? Source: https://immigrationandvisasolicitors.co.uk/english-premier-league-latest-victim-brexit/ *For the first time since the Bosman ruling 21 years ago, European footballers are facing the possibility of being subjected to the UK's strict immigration rules. [The Bosman ruling](http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A61993CJ0415) is a 1995 European Court of Justice (ECJ) decision concerning freedom of movement for workers - in particular the case was an important decision on the free movement of labour and had a profound effect on the transfers of football players within the European Union. It was decided following the Bosman case that European footballers could play for any European club with limited restrictions on their movement.* However, if the UK votes to leave the European Union (EU) following the EU Referendum tomorrow, it is likely European footballers (and other EU sportspeople) will be subject to the stringent criteria imposed by the UK's immigration points based system and they will lose the freedom afforded to them by the Bosman ruling. ## Bosman Ruling by European Court of Justice Before the Bosman ruling, international migration of football players was very limited. A quota system had been put in place that limited foreign player mobility. However, the Bosman ruling, which came into effect in December 1995, made the shocking move to remove quota barriers for EU nationals and they became "free" to move from European club to club with little restriction.** ** The Bosman ruling also facilitated the movement of footballers and coaching staff across Europe and allowed constant exchanges of coaches and football players. Commentators argue that this has allowed ideas to be shared between teams and has increased the love of football among the British society. Sadly for football fans, if the UK leaves the EU, many of the English Premier Leagues top stars such as Leicester City Midfielder Riyaz Mahrez, would not qualify to play in the UK. ## EU Referendum: Consequences for European Footballers in the UK The EU Referendum vote tomorrow, may have a substantial impact on British football. If the UK decided to leave the European Union, numerous British teams who have previously relied upon European talent to help them to deliver attractive football and trophies may struggle to replicate their previous successes. The English Premier League is home to more than 160 European footballers.  The UK has been fortunate to have entertained world class players such as Cristiano Ronaldo and Thierry Henry in the Premier League. Voting out of European Union may potentially result in English football fans seeing a decline of players of that calibre coming to England. The development of football in China and USA may become an alternative option for European footballers if they are denied the right to play in the UK without restrictions. The question remains what will happen to English football if the UK decides to opt out. ## Tier 2 Sportsperson Visa / Tier 5 Temporary Sporting Visa Under the current UK immigration rules, all non-EU sportspeople are required to obtain a visa before coming to the UK to play for a British Club. Football clubs in the UK must first secure a Governing Body Endorsement before they can assign a Certificate of Sponsorship (CoS) to you. This can be under either the Tier 2 (Sportsperson) category  or Tier 5 (Temporary Worker Creative & Sporting) category. In order for a Certificate of Sponsorship to be assigned, a UK sponsor will need to have obtained an endorsement for you from the appropriate governing body for your sport. The endorsement your sponsor obtains for you will have to confirm that: - you are internationally established as a player or coach at the highest level, and - your employment will make a significant contribution to the development of your sport at the highest level in the UK; and - you intend to be based in the UK for the duration of your permission to stay; and - your post could not be filled by a suitable settled worker Due to the strict criteria in place, there have been cases where famous sports personnel have been refused entry into the UK. A controversial example is Joel Campbell a talented young footballer who signed for a prestigious English football club Arsenal.  The UK immigration rules may come across to be rigorous and it would be fascinating to see how many current European Footballers would pass these measures. ## UK Immigration Advice for Tier 2 & Tier 5 Visa Applicants [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Tier 2 & Tier 5 application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. Our expert immigration solicitors provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment. --- # Brexit Aftermath: Consequences for EU Migrants in the UK Source: https://immigrationandvisasolicitors.co.uk/brexit/ *June 23 will no doubt be remembered as a landmark day in UK history; this morning we woke up to the** chaotic aftermath of the [unexpected but clear decision by the UK general public](http://www.theguardian.com/politics/live/2016/jun/23/eu-referendum-live-decision-day-polls-remain-leave): 52% out of more than 30 million people voted to leave the European Union. * This is the highest turnout at a UK election since 1992. Aside from the economical and political fall out from the "Leave" Vote, the immediate consequences for EU nationals in the UK are uncertain and likely to be wide ranging and far reaching. ## Brexit: The Aftermath Following the shocking decision this morning, [David Cameron announced his resignation](http://www.bbc.co.uk/news/uk-politics-36615028) and admitted the country needed "new leadership." It is unclear at this stage who this new leader may be but reports are already surfacing that [Boris Johnson has "neatly positioned himself"](http://www.telegraph.co.uk/news/2016/06/24/who-will-be-our-next-prime-minister-as-david-cameron-resigns-fol/) to become a main player in any ensuing Conservative leadership challenge. In legal terms, [Article 50 of the Treaty on the European Union](http://www.telegraph.co.uk/news/2016/06/24/britain-votes-to-leave-the-eu-what-happens-now-that-brexit-is-a/) establishes the procedures for a member state to withdraw from the EU. Under this Article, the UK must notify the EU of its withdrawel and the EU will then be obliged to try to negotiate a withdrawal agreement with the UK. The results of the vote in itself do not provide the EU with notification - this must be done formally and in accordance to procedures put in place by the Treaty on the European Union. Over the next few weeks, British and European leaders will begin negotiating the terms of Britain's departure and it goes without saying that Britain's exit from the European Union will affect the British economy and immigration policy. It is unlikely we will know the true consequences for at least a few years but it is likely that whilst terms of withdrawel are being negotiated, there would be no immediate changes to the immigration rules. This is because of the significant impact it would have on UK employers and employees. ## Impact of Brexit for EU Nationals Once Britain invokes Article 50, it will have 2 years in which to negotiate a new treaty to replace the terms of EU membership. This means that there will be no immediate consequences for EU nationals in the UK and free movement of people will continue. EEA nationals who have been residing in the UK for at least 5 years and have been exercising their Treaty Rights (by working, being self-employed or studying) may wish to consider their options for applying for a Permanent Residence Card. This would be equivalent to ["Indefinite Leave to Remain"](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) under the UK Immigration Rules and may allow them to [naturalise as a British citizen](https://web.archive.org/web/20170116035415/https://immigrationandvisasolicitors.co.uk/naturalisation/) after a year. In terms of the near future, it is possible that Britain will negotiate an agreement which would continue to allow free movement between the UK and the EU (and it would certainly be in its interests too) but if this fails, it is likely EU nationals would face the same migration criteria which applies to non EU nationals wishing to live and work in the UK. The current immigration rules are restrictive and due to government policy over the years, change regularly. ## UK Points Based System (Businesses & Workers) [Under the current UK Immigration Rules, those non EU nationals wishing to work in the UK, must be sponsored by a UK employer](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/). The current points based system was introduced between 2008 and 2010 and has attracted much controversy over the years due to the harsh restrictions imposed on businesses and migrants. For example, businesses wishing to sponsor migrants must first apply for permission to so, by way of applying for a Sponsor Licence. These applications tend to be complicated and if granted a Sponsor Licence, businesses are required to "police" their workers or face hefty fines. Further, employers are expected to pay these workers a minimum salary of £20,800 (due to increase to £30,000 in 2017) but this may be more depending on the job role the employee is required to undertake. Initial reports indicate that it is likely the majority of EU workers in the UK will not be eligible to apply for a [Tier 2 visa (working visa)](https://web.archive.org/web/20170116004656/http://immigrationandvisasolicitors.co.uk/tier-2-visa-skilled-workers-work-visa/) as they do not work in "highly skilled" roles and are not paid the minimum salary as set out above. There is also a cap on skilled work visas so even if the EU national worked in a highly skilled role, there is a possibility they may not be eligible for a visa. ## Conclusion It is our opinion (and the opinion of many in the legal field) that Brexit is unlikely to make a significant difference to overall immigration to the UK. Britain is required to negotiate a new agreement and has 2 years to do this. There are currently 3 million EU migrants in the UK and the vast majority of them hold EEA Permanent Residence Cards. It is likely now, that EU migrants who are eligible, will be able to apply for naturalsiation and become British citizens. Those who do not have a Permanent Residence Card will be making applications to do so and it will be interesting to see how the Home Office cope with the pressure of processing these applications within the 6 month statutory requirement period. If you wish to consider your options following Brexit or are concerned about your current position in the UK, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. If you need professional legal advice please contact us for a case assessment on ☎ [08458622529](tel://08458622529). You can also reach us via our WebChat facility or via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). Please note that we are not able to provide any free legal advice. --- # Brexit Aftermath: EEA Nationals Rush to Obtain Permanent Residence Source: https://immigrationandvisasolicitors.co.uk/post-brexit-vote-eea-nationals-should-apply-for-permanent-residence/ *According to the [Office for National Statistics (ONS)](http://www.migrationwatchuk.org/briefing-paper/354) Labour Force Survey estimates for 2015, there are 3.3 million EU citizens residing in the UK. The ONS Labour market statistics estimate that of the EU born migrants in the UK, 2.1 million are currently employed. Following last Friday’s shocking referendum result and the UK’s decision to leave the EU, there is now the very real possibility that EU citizens currently in the UK will lose their automatic right to come and work in the UK. It is also more likely that EU citizens will face restrictions and barriers in the form of work permits and visas. Reports now indicate that there is now a rush for EEA nationals to obtain a permanent residence card and or naturalisation before the UK officially leaves the EU. * ## Impact of Brexit on EU Nationals in UK Withdrawal from the European Union is a right of EU member states under [Article 50 of the Treaty of the European Union.](http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/577971/EPRS_BRI(2016)577971_EN.pdf) Article 50 will allow the UK to withdraw from the European Union in accordance with its own constitutional requirements. The UK is now required to notify the European Council of its intention – European leaders have already expressed their wishes for the UK to invoke Article 50 “as soon as possible” as they attempt to end the uncertainty over the bloc. Once Britain invokes Article 50, it will have 2 years in which to negotiate a new treaty to replace the terms of EU membership. This means that there will be no immediate consequences for EU nationals in the UK and free movement of people will continue. EEA nationals who have been residing in the UK for at least 5 years and have been exercising their Treaty Rights (by working, being self-employed or studying) may wish to consider their options for applying for a Permanent Residence Card. This would be equivalent to ["Indefinite Leave to Remain"](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) under the UK Immigration Rules and may allow them to [naturalise as a British citizen](https://web.archive.org/web/20170116035415/https://immigrationandvisasolicitors.co.uk/naturalisation/) after a year. EU citizens may wish to consider their options of applying for a registration certificate which will prove their right to live and a work in the UK – it may not be enough to just show your passport to your employer. Further, EEA nationals who have been residing in the UK for at least 5 years and have been exercising their Treaty Rights (by working, being self-employed or studying) may wish to consider their options of applying for an EEA Permanent Residence Card. This would be equivalent to “Indefinite Leave to Remain” under the UK immigration rules. ## EEA Permanent Residence Card/British citizenship (Naturalisation) In the United Kingdom, the current immigration rules governing a right of permanent residence fall under Regulation 15 of the Immigration (European Economic Area) Regulations 2006 (EEA Regulations). Regulation 18 of the EEA Regulations governs the documents which can be held as evidence of a right of permanent residence. In the case of EEA citizens, this is known as a “document certifying permanent residence”, for non-EEA family member; this is  known as a “permanent residence card”. EEA nationals and their non-EEA family members who have been residing and exercising their treaty rights in the UK for lengthy periods of time who wish to acquire British Citizenship after obtaining permanent residency will need to hold the residence card for a year before they can apply for naturalisation. For naturalisation purposes those who make naturalisation applications on or after 12 November 2015 must demonstrate their right of permanent residence through the forms of documents mentioned under the EEA 2006 Regulations. The 2006 EEA Regulation itself has not changed nor have the provisions governing acquisition of citizenship by children. ## Successful EEA Permanent Residence & Naturalisation Applications If you wish to consider your options following Brexit or are concerned about your current position in the UK, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. If you need professional legal advice please contact us for a case assessment on ☎ [08458622529](tel://08458622529). You can also reach us via our WebChat facility or via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). Please note that we are not able to provide any free legal advice. --- # BREXIT: Options for EEA Nationals & Family Members in UK Source: https://immigrationandvisasolicitors.co.uk/brexit-eu-uk-eea-immigration-citizenship-passport/ *Following last week's shocking EU Referendum results, there has been much speculation in the media about how EEA nationals living in the UK will be affected by BREXIT. Our London immigration lawyers have received a substantial number of inquiries from EEA nationals and their non-EEA national family members who are concerned about their immigration status in the UK following BREXIT.* EU leaders expect the UK to formally notify them of the decision to leave the EU "as soon as possible" but for now EEA nationals and their non-EEA family members should continue making applications for an EEA Permanent Residence Card or Family Permits/Residence Cards,  respectively. ## EEA Family Permit Following the shocking news of last week's decision, EEA family members outside of the UK have been concerned whether they can continue to apply for an EEA family permit to enter the UK in order to join their EEA national family members, for now the answer is yes. Family members may continue to apply for an EEA Family Permit  which is granted for 6 months and allows a non-EEA National to enter the UK so they can join their EU family member who is exercising their Treaty Rights in the UK. ## EEA Registration Certificate EEA nationals may wish to  apply for an EEA Registration Certificate, which is a document certifying permanent residence in the UK under European law. This is available if you have lived in the UK for a continuous period of five years. Following BREXIT, EEA nationals who meet the above requirement may wish to obtain a registration certificate to confirm that they are currently in the UK exercising their EU Treaty rights. ## EEA Residence Card The EEA Residence Card is available for family members of EEA nationals who are currently in the UK. This is a document which confirms your right of residence under European law. Your residence card may take the form of an endorsement in your passport (also called a ‘vignette’), or it may be a separate document called an ‘immigration status document’. A residence card is normally valid for 5 years from the date when it is issued. ## EEA Permanent Residence & Naturalisation In the UK, the current immigration rules governing a right of permanent residence fall under Regulation 15 of the Immigration (European Economic Area) Regulations 2006 (EEA Regulations). Regulation 18 of the EEA Regulations governs the documents which can be held as evidence of a right of permanent residence. In the case of EEA citizens, this is known as a “document certifying permanent residence”, for non-EEA family member; this is  known as a “permanent residence card”. EEA nationals and their non-EEA family members who have been residing and exercising their treaty rights in the UK for lengthy periods of time who wish to acquire British Citizenship after obtaining permanent residency will need to hold the residence card for a year before they can apply for naturalisation. EEA nationals who wish to apply for naturalise must demonstrate their right of permanent residence through the forms of documents mentioned under the EEA 2006 Regulations. The 2006 EEA Regulation itself has not changed nor have the provisions governing acquisition of citizenship by children. EEA nationals concerned that they do not meet any of the above requirements in order to obtain a document certifying their status in the UK should contact solicitors to discuss their options. ## Legal Advice for EEA Nationals Following BREXIT If you wish to consider your options following Brexit or are concerned about your current position in the UK, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. If you need professional legal advice please contact us for a case assessment on ☎ 02030110276. You can also reach us via our WebChat facility or via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). Please note that we are not able to provide any free legal advice. --- # UK Immigration: Rights of EEA Nationals in the UK following BREXIT Source: https://immigrationandvisasolicitors.co.uk/eea-brexit-permanent-residence-eureferendum/ *Following [last month’s EU Referendum](https://immigrationandvisasolicitors.co.uk/brexit/), our London immigration solicitors have seen a huge rise in immigration enquiries from EEA nationals and their non-EEA national family members who are concerned about their immigration status in the UK.* The EU Referendum resulted in an overall vote to leave the EU (BREXIT), yet over the weekend [thousands of demonstrators marched through London to protest against the EU referendum decision](http://www.bbc.co.uk/news/uk-36692990). It is clear the country is split and many believe that EEA nationals contribute positively to British society and EU migration should not be restricted. ## Rights of EEA Nationals to Live & Work in UK The [Free Movement of Persons Directive 2004/EC](http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32004L0038R(01)) sets out the right of EEA nationals and their family members to move and reside freely within the territory of the EEA member states – including the UK. EEA nationals are therefore free to the enter the UK and all that is required of them, is to show a valid European passport of a national ID check. Once in the UK, EEA nationals are entitled to reside in the UK for an initial period of 3 months without needing to exercise their treaty rights. If thereafter, an EEA national wishes to continue residing in the UK, they must then exercise their treaty rights and become a “Qualified Person.” This is an important fact which has been ignored by those arguing against EU migration in the UK. ## Exercising Treaty Rights: What is a Qualified Person? In order to remain in the UK, EEA nationals are expected to exercised their Treaty Rights. This means they must be a Qualified Person. A Qualified Person is defined as follows: - **Job seeker:** EEA nationals must be able to demonstrate they are genuinely seeking employment and there is a good chance they will become employed - **Worker:** An EEA national can either work part time or full time, it can be permanent or temporary employment but the EU Worker must be able to demonstrate they pay taxes in the UK - **Self-employed:** The EEA national must be able to show they have established themselves in the UK. They may be a director/shareholder of a limited company in the UK or may be a sole trader. - **Self-sufficient:** EEA nationals wishing to rely on their self-sufficiency must be able t demonstrate that they have sufficient funds to maintain and accommodate themselves without recourse to public funds. EEA nationals must also have Comprehensive Sickness Insurance (CSI). - **Student:** EEA nationals must be able to show that they are enrolled at an educational establishment in the UK and they must have Comprehensive Sickness Insurance (CSI). ## EEA Permanent Residence Card: 5 Years Residence [Our immigration lawyers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) have seen a huge surge in immigration enquiries from clients who wish to settle in the UK following many years of exercising their treaty rights. Many EEA nationals we have spoken to over the last few years have become accustomed to British society and have made the UK their home. However, following BREXIT, they now fear that their lives in the UK may become disrupted in the near future. Many have met and married British nationals and have decided to settle in the UK so they can raise their children here. British leaders have not invoked [Article 50](http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/577971/EPRS_BRI(2016)577971_EN.pdf) yet and demonstrators yesterday called for a delay and even a new EU referendum as they felt the Leave campaign had misled the British people. Nevertheless, those who want certainty should consider their options of applying for an EEA Permanent Residence Card which will bar them from immigration restrictions. ## British Nationality for EEA Nationals following BREXIT EEA Nationals who currently hold an EEA Permanent Residence card and have held the same for at least 1 year, may wish to consider their options of [naturalising as a British citizen](https://web.archive.org/web/20170116035415/https://immigrationandvisasolicitors.co.uk/naturalisation/). Nationality rules are complex and citizenship is a privilege granted to those who the Home Office consider to be of “good character.” There are different ways you can naturalise as a British citizen and the eligibility criteria is complex. It is recommended applicants submit a properly executed application with the requisite documentation to ensure the best chance of success. Failure to do so, could lead to delays and immigration rules may change. ## Legal Advice from UK Immigration Solicitors on BREXIT If you wish to consider your options following BREXIT or are concerned about your current position in the UK, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice please contact us for a case assessment on  02030110276. You can also reach us via our WebChat facility or via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). Please note that we are not able to provide any free legal advice.** --- # Brexit Aftermath: Implications for UK Tech Sector Source: https://immigrationandvisasolicitors.co.uk/brexit-aftermath-implications-uk-tech-sector/ *Last week, [Tech City UK,](https://web.archive.org/web/20170310050532/http://techcitynews.com/2016/06/27/post-brexit-view-uk-tech-sector/) a leading business community hub of the UK's digital and technology industry, reported that Brexit will have a massive impact on the UK's technology sector. The UK technology sector accounts for around 10% of UK GDP, and is one of the fastest growing components of the economy. We outline key concerns of the UK tech sector about the impact of** the [UK's referendum Vote to Leave](https://web.archive.org/web/20170115174703/https://immigrationandvisasolicitors.co.uk/brexit-eu-uk-eea-immigration-citizenship-passport/) the EU** below. * ## Technology Sector Needs Skilled Workers The UK technology sector and all of the innovation that surrounds it needs highly skilled people to continue to grow and benefit the UK economy. An impact of the vote to leave will be the effect on businesses hiring workers from the European Economic Area (EEA) and a key concern is that companies may struggle to find the people they need to drive their businesses and the digital sector forward. In addition, EU citizens working in the high-tech sector may feel their careers are best served elsewhere – therefore there’s a real possibility that many will seek opportunities elsewhere in Europe. Tech City states that Brexit means there is uncertainty in the digital sector which further compounds the problem of the skills shortage in the sector it further means that access to funding which the EU currently provides. ## UK Visa Routes for Tech Sector [Tier 1 Exceptional Talent/Promise:](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) The [Tech Nation Visa Scheme](https://web.archive.org/web/20180202005236/https://www.techcityuk.com/tech-nation-visa/) makes it possible for Skilled workers from outside the EEA to work in the UK’s digital technology sector. Tech City UK is the designated competent body for digital technology and has the ability to endorse applications for the Tier 1 Exceptional Talent Visa. Under the current UK immigration rules, Tech City UK has the power to endorse 200 of the 1000 application places available under the [Tier 1 (Exceptional Talent) Visa](http://web.archive.org/web/20160703065424/http://www.techcityuk.com/wp-content/uploads/2016/04/TechNationVisaScheme-ApplicationGuidelines_2016.pdf).  With only 81 applications made under the scheme so far, there are still plenty of places left in 2016. [Tier 2 General Visa:](https://web.archive.org/web/20170116004656/http://immigrationandvisasolicitors.co.uk/tier-2-visa-skilled-workers-work-visa/) this visa route allows businesses to employ non EEA skilled workers. Under this route,businesses will need to offer the migrant a job  in the UK and assign a Certificate of Sponsorship (CoS) as a recognised  licenced sponsor in the UK. If the business wishing to sponsor the employee is not a licenced sponsor, they will need to apply for a [UK sponsorship licence](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) before they are able to assign a CoS to the worker. ## Successful Tier 1 (Exceptional Talent)  and Tier 2 Visa Applications Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 1 Exceptional Talent visa application or Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. From our experience, we have found that the UK Border Agency are very strict when deciding applications under the [Tier 1 (Exceptional Talent)](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) route so if you consider yourself as having exceptional talent, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to arrange a consultation in which we will guide you through the process.** ** We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 1 (Exceptional Talent) entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # Theresa May’s £35,000 Threshold too High for Tier 2 Visa Applications​ Source: https://immigrationandvisasolicitors.co.uk/35000-tier-2-earning-cap/ *On 6 April 2016, new immigration rules relating to the Tier 2 visa route came into place following Home Secretary Theresa May's proposals. In order to settle in the UK, skilled workers on a Tier 2 visa must now earn a minimum annual salary of £35,000. This salary threshold has caused quite a stir among UK employers who fear that they will lose existing employees as they are currently on salaries that are relatively lower. Furthermore, as a result of the threshold, potential employees may decide against settling in the UK and may turn their attention to other parts of the world. This could mean Britain loses talented workers who could be an asset to the economy.* ## ## ## Immigration Rules on Tier 2 Settlement The new immigration rules require, skilled workers take home a minimum of £35,000 a year. The pay threshold will be held at £35,000 until early April 2018 and will increase over the next 3 years in the following ways: -  £35,500 if applying on or after 6 April 2018; - £35,800 if applying on or after 6 April 2019; and - £36,200 if applying on or after 6 April 2020. Given the salary threshold in the new rules, many may not qualify for ILR.  A petition was set up in March this year calling on the UK Government to scrap the threshold; the petition has attracted over a 100,000 signatures, so far. The petition entitled ‘[Scrap the £35k threshold for non-EU citizens settling in the UK](https://petition.parliament.uk/petitions/118060)’ says that the threshold, ‘unfairly discriminates against charity workers, nurses, students and others.’ The UK  needs well educated, highly skilled employees who will also pay a higher rate of tax to support public services, without unnecessarily creating a huge global jobs marketplace at home for low paid, unskilled jobs which could be filled by British staff. The reality is that many people do not earn £35,000 or more. There are many job roles critical to the functioning of our society which will never garner a salary of £35,000, even after six years in employment. The current concern now is if the Home Secretary applies her immigration policies to new EU nationals looking to work in the UK, we will lose out on many skilled workers and the talent and money they bring to the economy. ## UK Employers Fear the Effect of Salary Threshold Many businesses and employers have voiced their concerns about the salary threshold increase. Some sectors facing skills shortage such as [engineers,](https://immigrationandvisasolicitors.co.uk/uk-immigration-engineering-report-reveals-skills-shortage-uk/) have stated that they will be affected by the new rules for settlement as the average salary of a junior engineer is just £32,000. Many businesses rely heavily on skilled foreign workers are concerned that they will lose their Tier 2 sponsored employees with specialist skills, if they cannot afford to pay them up to the minimum income threshold. And since the results of the referendum [on 24 June 2016, w](https://web.archive.org/web/20170115174703/https://immigrationandvisasolicitors.co.uk/brexit-eu-uk-eea-immigration-citizenship-passport/)here the UK voted to leave the EU, businesses are now concerned that the new rules if applied to EEA national employees will further have an impact on their businesses. ## Immigration Advice for UK Employers ,Tier 2 Applicants & EEA Nationals Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 General migrant visa application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 2 General visa refused, contact us to discuss your case so that we can provide you with a case assessment.   --- # UK Immigration Act 2016: Tougher Sanctions for Landlords & Employers Source: https://immigrationandvisasolicitors.co.uk/immigration-act-2016-tougher-sanctions-for-landlords-and-employers/ *On 12 May 2016, The [UK immigration Bill 2016](https://www.gov.uk/government/collections/immigration-bill-2015-16) received Royal assent in parliament and will now be known as the Immigration Act 2016. The Immigration Act 2016 aims to tighten current UK immigration rules as the Government continues in its attempt to bring down net migration and crackdown on rogue employers, illegal working and rogue landlords. [The Immigration Bill which is 236 pages long can be viewed here](http://www.legislation.gov.uk/ukpga/2016/19/pdfs/ukpga_20160019_en.pdf). Here, we will explore the new provisions and what effects they may have on landlords and UK Employers (Tier 2 Sponsors).* ## Landlords and Employers Face Tougher Sanctions The new measures requires landlords to comply with stricter immigration rules and a consequence of failure to do so may is that landlords may be liable to pay a civil penalty of up to [£3000 per illegal migrant tenant](https://www.gov.uk/government/publications/immigration-bill-part-1-labour-market-and-illegal-working). The new Act also aims to assist landlords and simplify the procedure of evicting illegal migrant tenants.  Previously landlords were strictly required to obtain a court order regardless of the situation and there was no room for manoeuvre. However the new changes have made it easier to evict illegal migrant tenants without the need to obtain a court order. Landlords shall be required to obtain a notice from the Home Office which confirms the tenant is not entitled to rent a property in the UK due to their immigration status. The government have shown intent to crack down on rouge landlords by introducing four new criminal offences to target landlords who exploit migrants by failing to meet the requirements set.  A failure to satisfy these requirements could lead to up to 5 years imprisonment, fines and further sanctions under the Proceeds of Crime Act. The new immigration Act introduces sanctions for employers who are found employing migrants from outside the European Economic Area (EEA) without the proper licenses. UKVI officials will have the power to close business premises for up to 48 hours however if an employer can prove that they have conducted proper right to work checks, the closure notice may be cancelled. Where they cannot, the business may be placed under special compliance requirements, as directed by the courts. This can include continued closure for a period, followed by re-opening subject to compliance inspections and the requirement to conduct right to work checks. ## Immigration Skills Charge For Tier 2 Sponsors The Government wants to reduce the need for skilled migrant workers by reforming the UK labour market rules and consequently contributing to reducing non-EEA net migration. The Act introduces a new immigration skills charge which will be applied to employers sponsoring non-EEA nationals who come to the UK under Tier 2 of the Points-Based System. Immigration Minister James Brokenshire said: > “In the past it has been too easy for some businesses to bring in workers from overseas rather than to take the long-term decision to train our workforce here at home. “It is only right to recover some of the costs of running our immigration system by making sure that those who benefit directly from it contribute appropriately - so the expense to the UK taxpayer is less. "Our reforms will ensure that businesses are able to attract the skilled migrants they need, but we also want them to get far better at recruiting and training UK workers first.” ## UK Immigration Legal Advice for Landlords and Employers Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. You can also contact us if you have been issued with a Civil Penalty Notice and feel you have grounds to appeal against it. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us on +442030110276 for a telephone case assessment. --- # UK Immigration Updates: Tougher Sanctions for UK Employers Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-updates-tougher-sanctions-uk-employers/ *Yesterday the UK immigration rules which introduces changes and further sanctions on employers for employing workers from outside the European Economic Area (EEA), who do not have the right to work in the UK came into force. We previously [reported here](https://immigrationandvisasolicitors.co.uk/immigration-act-2016-tougher-sanctions-for-landlords-and-employers/) on the tougher sanctions faced by employers and businesses for employing illegal workers which were introduced by the [Immigration Act 2016](https://www.gov.uk/government/publications/immigration-bill-part-1-labour-market-and-illegal-working). The Immigration Act includes a range of measures and sanctions on employers and UK businesses. We have outlined some of the changes below. * ## Immigration Act 2016 The changes to the Immigration Act 2016, which came into force yesterday introduces tougher measures as part of the UK Government’s ongoing plan to crack down on illegal working. The purpose of the changes are to make it harder for people to live and work illegally in the UK and the way the government aims to tackle this, is to impose tougher penalties and sanctions on rogue employers who are caught employing non EEA nationals who do not have the right to work in the UK. ## Tougher Sanctions for Businesses and Employers The measures introduced in the immigration Act 2016 and taking effect from 12 July include the following; - Employers will be guilty of an offence if they employ a non EEA national who does not have right to work in the UK, if they have “reasonable cause to believe that the employee is disqualified from employment” because of their immigration status. - Employers convicted under this offence may face a large financial penalty, and/or a maximum prison sentence of five years (an increase from the previous maximum of two years). - It is now a criminal offence to work illegally and immigration officials have powers to seize wages from illegal working as the proceeds of crime. - The new offence of illegal working  carries a maximum sentence of six months’ imprisonment. Individuals may also be subject to a fine. - Other changes taking effect on 12 July include additional powers of immigration officers to search premises, including workplaces, and to confiscate evidence of immigration and employing illegal worker offences. The UK’s vote to Leave the EU [on 23 June ](https://web.archive.org/web/20170115174703/https://immigrationandvisasolicitors.co.uk/brexit-eu-uk-eea-immigration-citizenship-passport/)does not impact on the changes under the Immigration Act 2016 and there are further sections in the act relevant to employers that do not yet have implementation dates. It remains to be seen whether these may require additional regulations before they come into force. ## UK Immigration Legal Advice for Employers & Migrants Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. You can also contact us if you have been issued with a Civil Penalty Notice and feel you have grounds to appeal against it. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case. --- # English Cricket Board: Tier 2 Sportsperson Visa for Cricketer Mohammed Amir Source: https://immigrationandvisasolicitors.co.uk/english-cricket-board-tier-2-sportsperson-visa-cricketer-mohammed-amir/ *The England Cricket Board ([ECB](https://web.archive.org/web/20190823051834/https://www.ecb.co.uk/))have recently decided to assist Pakistani fast bowler Mohammed Amir with his application to obtain a UK Tier 2 visa for Pakistan’s upcoming [tour](https://www.theguardian.com/sport/2015/nov/24/the-spin-mohammad-amir-pakistan-cricket) of England which is set to begin on 14th July 2016.  The 24 year old cricket star who previously toured England in 2010 was banned from cricket for five years, following a spot-fixing scandal in 2010 which resulted in a six months sentence in a young offenders institute in 2011.  However since then Amir has made a comeback to international cricket and has toured New Zealand and participated in the T20 World Cup in India.  We explore the Cricket star's options of obtaining a Tier 2 (Sportsperson) visa. * ## Tier 2 Sportsperson Visa The route is for [elite sportspeople ](https://immigrationandvisasolicitors.co.uk/tier-2-sportsperson/)and coaches whose employment will make a significant contribution to the development of their sport at the highest level in the UK.  Therefore if Mohammed Amir wants to be involved in the upcoming tour against England, the Pakistan Cricket Board (PCB) will need to obtain a Tier 2 sportsperson visa for him. Sportspersons outside the European Economic Area (EEA) and Switzerland are required to obtain a Tier 2 sportspersons visas, these applications are made by elite sportsperson or qualified coaches recognised by the sport’s governing body at the highest level. > PCB chief Shaharyar Khan has stated that"I have written a letter to the high commissioner seeking special and sympathetic consideration on Amir’s visa. The England and Wales Cricket Board is also assisting and are in touch with their home department, so we hope for a positive response. ## Eligibility Requirements Mohammed Amir would be expected to make a significant contribution to the development of cricket in the UK because sportspersons are required to promote the development of their chosen sport. Mohammed Amir would need to meet the following requirements; he would need to have a certificate of sponsorship reference number from his sponsor so this should be provided by the PCB as well as; - Meet the English Language requirements; and - Meet the Maintenance requirements. currently £945 in the Applicant's bank for 90 days. Tier 2 sportspersons visas are very common; previously footballers such as Marcos Rojo and Wellington Silva have faced obstacles in applications for Tier 2 Sportspersons visas. Both footballers were eventually granted their visas. ## UK Immigration Rules: General Grounds for Refusal One key issue will be ensuring that Mohammed Amir's visa is not refused under the general grounds for refusal due to his previous criminal conviction. The Immigration Rules include some general grounds for refusing applications that would otherwise be granted. This includes at paragraph 320, Grounds on which entry clearance or leave to enter the United Kingdom is to be refused - (d) has been convicted of an offence for which they have been sentenced to a period of imprisonment of less than 12 months, unless a period of 5 years has passed since the end of the sentence. it will only be in exceptional circumstances that the public interest in maintaining refusal will be outweighed by compelling factors. Therefore the ECB and PCB will need to make a compelling argument on the bowler's behalf if he is to be able to obtain this visa. ## Legal Advice & Successful Tier 2 Sportsperson Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law.There are exemptions to the above which is something that can be explored with our expert Immigration Solicitors. If you wish to apply for a Tier 2 Sportsperson visa, Our expert team of lawyers can assess your matter in more detail to ensure that you are eligible for this UK visa route under the Immigration Rules and assist you in the preparation of the application. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding unnecessary expense of re submitting your application to the Home Office. --- # UK Visa Success Story: Indefinite Leave to Remain Source: https://immigrationandvisasolicitors.co.uk/uk-case-study-successful-indefinite-leave-remain-application-2/ Our expert immigration solicitors received news this week that a client had been granted Indefinite Leave to Remain (ILR) despite having a complex immigration history. Our team were instructed this year to prepare and submit an ILR application for a client who had been lawfully residing in the UK for 10 years. The client had a previous visa refusal but had been residing lawfully and had qualified as a doctor in the UK. Our solicitors successfully guided the applicant through the application process and submitted detailed legal representations in support of his application. ## The Case for Indefinite Leave to Remain The Applicant had previously submitted an application which was refused because he submitted it without a qualified immigration solicitor and he had lack of knowledge.  The UK immigration rules are complex and so its advisable to seek legal advice to avoid refusal. Our solicitors made representations to the Home office highlighting that the Applicant met the UK immigration rules and submitted documentary evidence demonstrating the strength of his connections in the UK. ## Qualifying for Settlement/Indefinite Leave to Remain in UK If you have lived legally in the UK for a certain length of time, you may be able to apply for permission to settle in the UK. Settlement is also known as ‘Indefinite Leave to Remain’.  Our client mentioned above, met the 10 year long residence requirements set out in [paragraph 276A and 276B of the Immigration Rules](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364734/Long_Residence_v12.0_EXT.pdf). he was able to clearly demonstrate that he has been residing lawfully in the UK for the last 10 years and has substantial connections to the UK including a job he loved and friends and family in the UK. In order to be eligible for Settlement/Indefinite Leave to Remain you must: - Spend a number of years in the UK, depending on your immigration status, before you can apply for permanent residency. - Show that you will continue to meet the requirements of your current visa to be eligible for ILR. - Have stayed in the UK for most of the time that you have held your Visa. - Plan to remain present and settled in the UK. - Pass the ‘Life in the UK’ test and have a speaking and listening qualification in English. If you wish to apply for settlement (Indefinite Leave to Remain) our city of London Solicitors can help you with your visa application and queries. Our expert team of lawyers can assist you with the preparation of your visa application and ensure that all key points are substantiated with documentary evidence thereby leading to a successful application. ## Contact us for a Successful Settlement / Indefinite Leave to Remain Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # Successful ​Case Study: Cancelling Civil Penalty Notice Issued by Home Office Source: https://immigrationandvisasolicitors.co.uk/civil-penalty-success-story/ *Our expert immigration lawyers were recently instructed by a UK business who had been issued a Civil Penalty Notice (CPN) for allegedly employing a worker who had no legal right to work in the UK. Our client had in fact carried out the correct right to work checks and maintained a record of the same when the Home Office accused him of employing an illegal migrant. Our client had responded to correspondence from the Home Office in the hope the penalty would be cancelled but the Home Office had failed to consider the evidence until our team of business immigration lawyers responded on the client's behalf.* Our team received news this week that the Civil Penalty had been cancelled and the client was not liable to pay a CPN in the sum of £15,000. Unfortunately, our team of lawyers are regularly instructed by businesses who are faced with severe fines and mostly this due to lack of knowledge of what is required of them as a UK employer. ## Challenging the Civil Penalty Notice Under [section 15 of the Immigration, Asylum and Nationality Act](http://www.legislation.gov.uk/ukpga/2006/13/section/15) 2006, an employer may be liable for a civil penalty if they employ someone who does not have the right to undertake the work in question. The Home Office carry out spontaneous checks on organisations on a regular basis and on such visits will expect to examine those areas of Human Resources and procedures which are outlined in their guidance. They will also verify the information provided by an employer on an application to obtain a sponsorship licence. In our client’s case above, we provided evidence to demonstrate that our client had carried out its duties as an employer and that the appropriate checks had been carried out by the Company before employing a worker. Our experienced Solicitors raised several reasons and mitigating factors as to why the employer wished to challenge the Civil Penalty and were pleased to receive an apology from the Home Office and a decision to withdraw the £15,000 fine. ## Are You a UK Business Served with a Penalty Notice from Home Office If you are a UK employer that is found employing an illegal migrant, you would get a ‘referral notice’  from the Home Office to let you know that your case is being considered. The Home Office may also fine you  (i.e. a civil penalty) of up to £20,000 for each illegal worker. The ‘civil penalty notice’ will give the employer payment options and tell you what do next. It will also tell you how to object to the civil penalty and how to appeal. The Home Office may also publish the employer’s details as a warning to other businesses not to employ illegal workers. Those who are found to have ‘knowingly employed’ an illegal worker, could be sent to jail for up to 2 years and receive an unlimited fine. It is therefore, imperative that employers are aware of the current immigration rules and their duties. If you have received a civil penalty notice and would like to discuss your options, please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to arrange a consultation with one of our expert Immigration Solicitors. If you are a UK business and have been affected by the Home Office's raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor these migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # ICIBI Report Commissioned by Home Secretary Criticises Administrative Review​ Source: https://immigrationandvisasolicitors.co.uk/icibi-report-commissioned-home-secretary-criticises-administrative-review/ *In a recent [report](http://icinspector.independent.gov.uk/2016/05/26/admin-review-inspection-report-and-annual-report-201516-published/) published by the Chief Inspector of Borders and Immigration, David bolt, he criticised the Administrative Review process. Mr Bolt states that the new administrative review process is not a satisfactory replacement of the previous mechanism which enabled applicants to a Right of Appeal to the Immigration and Asylum Tribunal. We briefly outline for you below his review of  Admin Review. * *Last month, David Bolt, the Chief Inspector of Borders & Immigration, published his findings on the inspection of the administrative review processes which were introduced following the 2014 Immigration Act. The report which was commissioned by Home Secretary Theresa May, has been highly critical of certain aspects of the administrative review process. The inspection found that overall there was significant room for improvement in respect of the effectiveness of administrative review in identifying and correcting case working errors, and in communicating decisions to applicants. The report also found that despite arguing that the introduction of administrative reviews would save £261m over 10 years, the Home Office have yet to do any analysis of the cost savings.* ## Purpose & Scope of Administrative Review Report In June 2015, the Home Secretary commissioned a report from the ICIBI that addressed the three points specified in the Lords amendment to the [2014 Immigration Act](http://www.legislation.gov.uk/ukpga/2014/22/pdfs/ukpga_20140022_en.pdf) (section 16): - the effectiveness of administrative review in identifying case working errors; - the effectiveness of administrative review in correcting case working errors; and - the independence of persons conducting administrative review (in terms of their separation from the original decision-maker). In considering these points, the inspection also looked to assess: - whether administrative reviews were being concluded within Home Office service standards; - the consistency of approach between in-country, at the border and overseas administrative review functions; - whether administrative review outcomes were being used to improve the quality of initial decision-making; and - whether any cost savings had been achieved as a result of the introduction of administrative reviewss ## ICIBI's Criticisms In reviewing the administrative review process, the ICIBI found: - Home Office figures, between 20 October 2014 and 31 August 2015, showed that 241 online applications for an Administrative Review were rejected as invalid, from a total intake for the period of over 3,000. Overseas ARs could not be made online, and there were no collated figures for the number of rejections. However, the ICIBI discovered that in fact, valid applications were being incorrectly rejected and that the quality assurance process was not identifying and rectifying this. - There was an over-reliance on the initial refusal decision letter, with Administrative Review decision notices reiterating the previous grounds for refusal without addressing the applicant’s points. - Significant number of case working errors. - The Home Office’s internal management information about AR outcomes in respect of entry clearance decisions made overseas was unreliable. - For rejected online AR applications, there was significant scope to improve record keeping, including correspondence with applicants. The Home Office have accepted this criticism and the recommendations made by the Chief Inspector David Bolt have been strongly noted. The Home office has stated that that they are hiring additional senior staff and are providing training to its staff.  Lastly there are also proposals of creating an independent panel so reviewers can be monitored. ## Contact our team of expert Immigration Lawyers/Solicitors for Legal Advice [Our team](https://www.gov.uk/government/collections/immigration-rules) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. --- # HR Advice: UK Employer Right to Work Checks & UKVI Civil Penalty Appeals / Challenges Source: https://immigrationandvisasolicitors.co.uk/hr-advice-right-to-work-checks-penalties-ukvi-business-immigration/ *Since 12 July 2016, UK employers are obliged to [carry out document checks on all workers](https://www.gov.uk/government/publications/right-to-work-checks-employers-guide) when they are first recruited or engaged. Otherwise, the employer faces fines of up to £20,000 per individual employed without the right to work. The UKVI may seek to leverage the threat of penalty by forcing an employer to help deport illegal workers ([see the case of Byron Burger](https://immigrationandvisasolicitors.co.uk/ukvi-raids-business-for-employing-35-illegal-workers/)). However, an employer that has carried out all the correct right to work checks will have a 'statutory excuse' against the imposition of a civil penalty. We provide HR advice on how best to comply with the [Immigration Act 2016](https://www.gov.uk/government/publications/immigration-bill-part-1-labour-market-and-illegal-working) and how to guard against UKVI penalties. * ## HR Advice: Conducting an adequate Right to Work check HR teams should not hesitate to ask prospective staff for details of their right to work in the UK. There is little danger of falling foul of any anti-discrimination laws by making this request and it should be made as soon as is practicable, perhaps as early as the first shortlist stage. Human resources managers should positively be encouraged to ask if the applicant is allowed to work in the UK and can request a copy of the passport to verify a visa endorsement. An alternative document for verification purposes is a Biometric Residence Permit (BRP) which will state details of the right to work on it's face. ## HR Immigration Law Advice: Checking Candidates' Right to Work (indefinite leave versus time-limited working rights) and Keeping Records The[ employer should check](https://immigrationandvisasolicitors.co.uk/home-office-updates-right-work-checks-uk-employers/) the original of a British passport, Permanent Residence Card (PRC) or a Biometric Residence Permit (BRP) and ensure it states the candidate has indefinite leave. Most UK candidates fall into this category. If the candidate has indefinite leave, then the candidate has effectively demonstrated they have an indefinite right to work in the UK without restriction. The employer must keep a proper copy of this evidence, ideally certified, so that the employer effectively has proof of conducting appropriate and compliant HR checks. The validity of the so-called 'statutory excuse' that is thereby created by the maintenance of records lasts for the duration of the employee’s employment. Candidates that do not have indefinite leave must be checked again before the expiry of their present right to work. The candidate's passport or BRP will reveal a time-limited right to work so the candidate will only be legally employable until the expiry of the visa. It is imperative that HR teams introduce procedures to diarise these dates and/or offer fixed-term employment to the expiry of that date only and block continued employment without further right to work checks. ## UKVI Home Office: Positive and Negative Verification Notices In exceptional circumstances, an employer may be required to obtain a Positive Verification Notice from the Home Office’s [Employer Checking Service](https://www.gov.uk/employee-immigration-employment-status) if the candidate produces one of the following documents or explanations on a right to work check: - A Certificate of Application less than 6 months old which indicates that work is permitted; or - An Application Registration Card stating that the holder is permitted to undertake the work in question; or - No acceptable documents because they have an outstanding application with the Home Office or appeal/administrative review against the Home Office. A Home Office Positive Verification Notice (which we can apply to obtain) will give the employer a right to check validity for 6 months. If the employer receives a Negative Verification Notice, it means the employee is not permitted to work. Employers risk fines and censure if they employ such a candidate. The employee's permission to make the checks will be necessary to start the process. The Home Office will need the employee's full name, date of birth, nationality, job title, hours worked per week and home address. HR managers will need  to request employee's original Application Registration Card or a Certificate of Application. ## UKVI Civil Penalty Notices & Criminal Prosecutions Employers may refer to comprehensive guidance issued by the Home Office ["Prevention of Illegal Working"](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/304793/full-guide-illegal-working.pdf) (June 2012) and "[Civil penalties for employers - code of practice](https://www.gov.uk/government/publications/preventing-illegal-working-code-of-practice-for-employers)" (February 2008). Employers will be guilty of an offence if they employ a non-EEA national who does not have right to work in the UK if they have “reasonable cause to believe that the employee is disqualified from employment” because of their immigration status. Employers convicted of this offence may face a large financial penalty, and/or a maximum prison sentence of five years (an increase from the previous maximum of two years). The responsibility lies with employers and it is therefore vital that HR teams are trained to ask the right questions, record the right information, diarise the appropriate dates and also to spot fraudulent and false documents. ## Expert HR Business Immigration Advice on Right to Work Checks & UKVI Penalty Appeals / Challenges We provide robust defence counsel to those facing prosecution or large penalties, which we have experience of reducing significantly by applying appropriate mitigation representations and challenges to UKVI. If necessary we can also lodge a formal appeal. Our business immigration lawyers also provide legal updates and right to check training to HR teams to help them understand the importance of their role in the new immigration regime. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a telephone case assessment. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about Right to work checks please contact us on 02030110276. You can also reach us and request a call back via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).** --- # Right to Work Checks for UK Businesses & Employers Source: https://immigrationandvisasolicitors.co.uk/home-office-updates-right-work-checks-uk-employers/ *We [recently reported ](https://immigrationandvisasolicitors.co.uk/uk-immigration-updates-tougher-sanctions-uk-employers/)on the changes to the[ Immigration Act 2016,](https://www.gov.uk/government/publications/immigration-bill-part-1-labour-market-and-illegal-working) which came into force on 12 July 2016. The new rules in the immigration Act include tougher sanctions for employers who employ illegal workers. We have reported on tougher sanctions and fines which have been issued to UK businesses and employers caught employing illegal workers. UK businesses and employers face fines of up to £20,000 per individual employed without the right to work.  The Home Office has published [updated guidance](https://www.gov.uk/government/publications/right-to-work-checks-employers-guide) on steps employers are required to undertake when conducting right to work checks, we summarise the recent changes below. * ## Businesses and Employer's Responsibility to Prevent Illegal Working If you are an employer in the UK, you must carry [out document checks](https://www.gov.uk/employee-immigration-employment-status) on people before employing them to make sure they are allowed to work. It is the duty of businesses and employers to prevent illegal working in the UK. Under current UK Immigration Rules, an employer may be liable for a civil penalty of £20,000, if they employ someone who does not have the right to undertake the work. The new rules which came into force last week, has amended the offence from employing someone ‘*knowingly’* to employing a person by employer who has ‘*reasonable cause to believe*’ that the employee does not have a right to work because of their immigration status. This means that it is even more easier to find an employer liable for this offence. Other changes brought about by the Immigration Act 2016, include the following; - Convicted employer will face a maximum prison sentence of five years, up from two - Rise of civil penalty from £15,000 to £20,000 - Custodial sentence of six months/unlimited fine for employing an illegal worker - Immigration officers will have the power to close premises for up to 48 hours if illegal migrants are employed ## Changes to Right to Work Checks When a business or employer is issued a civil penalty notice, they are given notification on how to appeal the decision, one of reasons a civil penalty fine or closure notice may be cancelled or a fine reduced, is if the employer can prove that the appropriate checks were conducted. The [new Home Office guide](https://www.gov.uk/government/publications/right-to-work-checks-employers-guide) sets out what an employer needs to know about conducting right to work checks. It provides guidance on what right to work checks are and why it is important that employers do them. It also explains on whom an employer needs to make checks, how frequently they need to do so, and how to do the checks correctly.  The Home Office updated guide on the checks states that should be conducted by the employer include the following steps must be undertaken; - Employers must obtain the employee’s original documents as prescribed in the Home Office guidance; - Check in the presence of the employee that the documents are original and valid; and - Copy and keep the documents securely and record the date of the check and date for follow-up checks. It should be noted that all of the above steps must be conducted, if employers wish to be able to establish or retain an excuse against a liability for a civil penalty for employing a person who is not permitted to work in the UK. The guide has been issued alongside other guidance for Employers and Sponsors' such as ; -  An employer’s guide to the administration of the civil penalty scheme; - An employer’s guide to acceptable right to work documents; - Code of practice on preventing illegal working: Civil penalty scheme for employers; - Code of practice for employers: Avoiding unlawful discrimination while preventing illegal working; - An employer’s ‘Right to Work Checklist’; - The online interactive tool ‘Check if someone can work in the UK’; and - The online interactive tool ‘Employer Checking Service Enquiries’.  These can all be found [here](https://www.gov.uk/government/collections/employers-illegal-working-penalties). ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business or an employer and wish to obtain a Sponsor Licence, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises or if you have been issued with a civil penalty, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay.     --- # Home Office Publishes Statement on status of EU Nationals in UK Source: https://immigrationandvisasolicitors.co.uk/home-office-publishes-statement-status-eu-nationals-uk/ *Recently the UK Government has [published a statement](https://www.gov.uk/government/news/statement-on-the-status-of-eu-nationals-in-the-uk) in order to reassure the EU nationals currently residing in the UK, following the UK's vote to [Leave](https://web.archive.org/web/20170115174703/https://immigrationandvisasolicitors.co.uk/brexit-eu-uk-eea-immigration-citizenship-passport/) the EU on 24 June 2016. The Government has said that there has been no change to the rights and status of EU nationals in the UK, as a result of the referendum. The Statement goes on to advise EU nationals on whether they may need to apply for a documentation confirming their right to reside in the UK. We outline the key points made below. * ## ## EU nationals in the UK For Over 5 Years The statement states that the UK recognises and values the important contribution made by EU and other non-UK citizens who work, study and live in the UK and that there have been no changes to the rights and status of EU nationals in the UK until the UK's formal withdrawal from the EU. The statement states that EU nationals who have lived continuously and lawfully in the UK for at least 5 years have a permanent right to reside in accordance with EU law and that EU nationals who have lived in the UK for at least 6 years are eligible to apply for British citizenship. However, they have to firstly meet the eligibility requirements as set out in the UK Immigration Rules. Critics have questioned why the Government has not advised EU nationals that they should apply for a document which confirms their right to reside in the UK, as although this is not required under EU law, it will surely be a relevant consideration after the UK's formal withdrawal from the EU. ## EU nationals who have lived in the UK for less than 5 years For EU nationals who have lived in the UK for less than 5 years, the statement reassures that they continue to have a right to reside in the UK in accordance with EU law. Their non-EU family members of EU nationals must continue to apply for a family permit and extended family members of EU nationals must continue to apply for a registration certificate or residence card. The only reasons for the removal of EU citizen are if they are considered to pose a genuine, present and sufficiently serious threat to the public, if they are not lawfully resident or are abusing their free movement rights. ## Legal Advice from UK Immigration Solicitors on EU nationals rights If you wish to consider your options following BREXIT or are concerned about your current position in the UK, please call our [Immigration Team ](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/)so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. If you need professional legal advice please contact us for a case assessment on 02030110276. You can also reach us via our WebChat facility or via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). Please note that we are not able to provide any free legal advice.   --- # UKVI Administrative Review Process Criticised Source: https://immigrationandvisasolicitors.co.uk/ukvi-administrative-review-process-criticised/ *Earlier this year the Chief Inspector of Borders and Immigration, David Bolt, published a 68-page [report ](http://icinspector.independent.gov.uk/wp-content/uploads/2016/05/ICIBI-report-on-Admin-Reviews-May-2016.pdf)which is highly critical of the internal Administrative Review process as introduced by the [Immigration Act 2014](http://www.legislation.gov.uk/ukpga/2014/22/pdfs/ukpga_20140022_en.pdf). The Administrative review process is an internal Home Office review process which was introduced as a replacement to the old system of appeals against refusal of many immigration decisions. The Chief Inspector of Borders and Immigration, David Bolt, published a report earlier this year into how well this process is working and found significant room for improvement.* ## Room for Improvement of Administrative Review The Independent Chief Inspector's (ICI) report considered a sample of Administrative Review decisions and found that in several cases the Home Office had incorrectly maintained a previous refusal decision that should have been withdrawn. In other cases, where the inspector of borders agreed that the Home Office had correctly maintained the previous refusal decision it found that the Administrative Review decision letter contained incorrect reasoning. The ICI  also found that no internal review  process has been introduced to replace one important category of appeal which was removed, which was against curtailment of leave. There is no right of appeal nor is there an Administrative Review, despite this being promised at the time of the passage of the Immigration Act 2014. The report also found that overall there was significant room for improvement in respect of the effectiveness of administrative review in identifying and correcting case working errors, and in communicating decisions to applicants. ## The Chief Inspector's Recommendations and the Home Office Response The chief inspector made 14 recommendations for improvement some of which include the following; - The Home Office should make it clear to applicants in published guidance and on the online application form that the deadline for applying for an Administrative Review is calculated from the deemed date of receipt of the eligible immigration decision unless the applicant can demonstrate they received this on a later date. - Provide training for admin reviewers that is consistent with the training provided to original decision-makers. - Ensure that all reviewers address all substantive issues raised by the applicant and that decision notices accurately reflect this. - Consider the scope to prioritise the processing of administrative reviews to meet the needs of the applicant in terms of timeliness (as in the case of some Tier 4 admin reviews). - Clarify guidance regarding the requirement for reviewers to correct all errors contained in the original decision (not just those identified by the applicant in their admin review application), including carrying out further checks where they identify these were not done correctly by the caseworker who made the original decision. The Home Office accept 13  of the recommendations fully and said in its response to the Chief Inspector's report; >   we are concerned by the findings, it shows quality has not consistently been of the standard to which we aspire and we have wasted no time in making a series of far reaching changes to the way we operate this activity." You can read the full recommendation by the Chief Inspector of Borders and the Home Office response [here.](https://www.gov.uk/government/publications/home-office-response-to-the-report-on-an-inspection-of-the-administrative-review-processes-introduced-following-the-2014-immigration-act) ## UK Immigration Legal Advice & Successful UK Visa Applications Choosing the right law firm from the beginning will not only allow for an easy mind in preparing for an application, but will also mean that in the long run applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your matter or if you need to issue a complaint to the Home Office by providing you with advice that is tailored to your particular immigration matter. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276  for a telephone case assessment. --- # Theresa May to Tighten Tier 4 Student Visa Route Source: https://immigrationandvisasolicitors.co.uk/theresa-may-tighten-tier-4-student-visa-route/ *This week, it has been reported by the [Telegraph](http://www.telegraph.co.uk/news/2016/07/23/theresa-may-plans-new-immigration-crackdown-on-student-visas/) that the former Home Secretary and new Prime Minister Theresa May aims to propose plans to crackdown on the Tier 4 student visa route.  The route which allows individuals from outside the European Economic Area (EEA) to come to the UK to study has undergone several changes in the last several years and it is difficult to see how these rules could be made stricter. It has been reported that the Home Office and Department for Education will be required to examine the student visa regime to see where the criteria can be tightened. The news comes as a spokesman from the National Union for Students criticises the UK immigration rules for being unwelcoming to international students. We briefly outline below what the new proposals may entail below.* ## Proposals to Tighten Tier 4 Route According to leading news reports some of the options considered in order to restrict the Tier 4 route include rules which will prevent non- EEA students from being able to take courses which are considered "soft" from low ranking universities. It is expected that proposal may include sanctions which will prevent universities from marketing their courses as opportunities for students to work in the UK. Other measures may include actions which will ensure students return home after finishing their studies. The plans come amidst a row over whether the government remains committed to the target of reducing UK net migration to below 100,000. ## UK's Tough Student Visa Regime We have reported over the last year the number of universities across the UK complaining about the restrictive immigration policies stifling the economy and talent into the UK and the International Officer for the National Union of Student Mostafa Rajaai, has stated: > "As it stands, the British student visa regime is one of the toughest and least welcoming in the world. By tightening it further, the Higher Education sector will lose out on hundreds of thousands of international students choosing other countries over the UK." The Office for National Statistics (ONS) said there were more than 206,000 student visas granted in the year to March 2016, a fall of 5% compared with the same period last year. The official statistics body also said visa applications from non-EEA nationals to study in the UK fell by 6% to more than 222,000 in the year to March. ## UK Immigration Advice for Individuals Coming to UK Whether you want to come to the UK to study, work, visit or for business purposes our expert Immigration Solicitors based in the heart of London will be able to assist you with your visa application. Detailed assessments will be made of your current situation and you will be provided with options that are best suited to your circumstances. Our Solicitors have had a successful run of the following visa applications under the Points-based system: - [**Tier 1 UK Entrepreneur Visa category:**](https://immigrationandvisasolicitors.co.uk/?p=6978&preview=true#) is for business persons who would like to establish a business in the UK or join and invest into an existing business. - **[Tier 2 (General) category](https://immigrationandvisasolicitors.co.uk/?p=6978&preview=true#):** is for non-European migrants who have been offered a highly skilled job  by a UK employer to fill a gap in the workforce that cannot be filled by a settled worker. - [**Tier 4 Student category:**](https://immigrationandvisasolicitors.co.uk/?p=6978&preview=true#) are for international students who wish to come to the UK to study and experience life and culture in the UK. ## Successful UK Work Visa Applications & Appeals If you are currently in the UK as a student and wish to explore your options of working here or setting up your own business, contact our expert immigration lawyers who will be happy to advise you. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a Tier 2 visa application or a Tier 1 Graduate Entrepreneur visa step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a [track record](https://immigrationandvisasolicitors.co.uk/success/) of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # New Upper Tribunal decision on Tier 1 Entrepreneur Visa Requirements Source: https://immigrationandvisasolicitors.co.uk/new-upper-tribunal-decision-tier-1-entrepreneur-visa-requirements/ *Recently a new immigration case from the Upper Tribunal [Arshad and Others (Tier 1 applicants - funding - "availability") [2016] UKUT 334 (IAC)](http://www.bailii.org/uk/cases/UKUT/IAC/2016/334.html) has highlighted the importance of detailed knowledge of the proposed business and further clarified the meaning of the term "available" when  considering the requirement to have funds available to invest in order to meet the Genuine Entrepreneur test as set out in the immigration rules. * ## Facts of the Case The case involved several Appellants who had applied for leave to remain  as a Tier 1 (Entrepreneur) Migrant under the Points Based System  of the Immigration Rules. The Appellants all made their Tier 1 visa application based on a representation that the same venture capital entity would provide the funding of £50,000 required by the Rules.  The applications were all refused as the Home Office took issue with the funding scheme. All of the Appellants appealed to the First-tier Tribunal (FtT) and in a decision promulgated on 16 July 2015 the FtT dismissed all appeals. In doing so the FtT, in substance, endorsed the Secretary of State's reservations.  The question for the Upper Tribunal was whether the FtT committed any material error of law in doing so. ## Upper Tribunal's Decision on "Genuine Entrepreneur Test" In the headnote to the Judgment the Upper Tribunal highlighted the following: > (ii)               Every applicant for Tier 1 Entrepreneurial status bears the onus of proving satisfaction of all of the material requirements of the [Immigration Rules](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london). > > (iii)             The Rules stipulate that every Tier 1 Entrepreneurial applicant have available [the requisite sum of capital investment] (which is normally £ 200,000 or more for new applicants) to invest in the proposed business venture. “Available” in this context denotes that the applicant must be in a position to invest this money in his business consequential upon a positive decision of the Secretary of State. The clear import of the Rules is that the investment must be capable of being made almost immediately thereafter. > > (iv)              A mere intention on the part of a Tier 1 Entrepreneurial applicant to invest [half of the requisite sum of capital investment] at the outset of the business venture, coupled with a further intention to invest the balance ... at some unspecified future date from some unspecified source, does not satisfy the Rules. The Upper Tribunal further elaborated on the meaning of availability of funds when assessing whether an applicant satisfies The 'Genuine Entrepreneur Test' ; > We turn our attention to one discrete issue of law. This relates to the word “available” in the various provisions of the Rules rehearsed above. The language of the Rules, in this respect, is, variously, ” available ….genuinely available … made available ….” The word ” available” is an unpretentious member of the English language. It carries no technical or special meaning in this context. In our judgment, it denotes that in the case of every Tier 1 applicant or partnership the requisite sum, £50,000, must be capable of being provided for the purpose of investment in the proposed business upon the grant of the Tier 1 visa. The Rules clearly contemplate that the grant of such visa will be the impetus for establishing the business and beginning to operate it. The Rules do not address the issue of delay between these two events. We accept that, in the real world, some delay will normally eventuate. However, it is clearly implicit in the Rules that this will be of very short dimensions. Based on this analysis, we consider that £50,000 is “available” only if this sum is capable of being invested in the business within a short period of the grant of a Tier 1 visa. Cases where this cannot be effected are antithetical to the clear thrust and philosophy of the Rules. The case is an example of how greater scrutiny is being applied to Tier 1 Entrepreneur visa applications. It is vital for an applicant to seek professional legal advice to ensure you receive a successful result. ## Successful Tier 1 Visa Applications As one can see from the above, it is very important to do the required careful research and homework before submitting a Tier 1 (Entrepreneur) application.  [Our team ](https://immigrationandvisasolicitors.co.uk/)of experienced and professionally qualified solicitors and barristers will be able to guide you through the [process of making a Tier 1 application](https://immigrationandvisasolicitors.co.uk/) step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UKVI Raids Business for Employing 35 Illegal Workers Source: https://immigrationandvisasolicitors.co.uk/ukvi-raids-business-for-employing-35-illegal-workers/ *Earlier this month, UK business and burger chain Byron's was the latest business to receive a visit from **UKVI enforcement officials, the raids resulted in the arrest of 35 people on suspicion of breaches of immigration laws.  Immigration raids by the Home Office have become more common in recent news as reports reveal that the [Home Office ](https://www.gov.uk/penalties-for-employing-illegal-workers)have taken a harsh stance towards those suspected of living and working illegally. **UK businesses and employers face sanctions including civil penalties of up to £20,000 per migrant worker found to be without the right to work in the UK. * ## UK Businesses Face Tougher Sanctions for Employing Illegal Workers If you are an employer in the UK, you must carry [out document checks](https://www.gov.uk/employee-immigration-employment-status) on people before employing them to make sure they are allowed to work. It is the duty of businesses and employers to prevent illegal working in the UK. Under current UK Immigration Rules, an employer may be liable for a civil penalty of £20,000, if they employ someone who does not have the right to undertake the work. UKVI enforcement teams have increased the number of visits to business premises in recent years in an effort to toughen up on UK business owners employing non EEA workers without the right to work in the UK.  A recent [report ](https://www.gov.uk/government/publications/illegal-working-penalties-quarterly-totals)published by the Home Office revealed that between 1 July 2015 and 31 December 2015, 1,820 workers were found to be working illegally and as a result issued a total of 1,271 civil penalty fines to employers, totalling fines of £21.5 million. Recent news further suggest the Home Office is now refining its focus and targeting large, corporate organisations for breaches of their immigration responsibilities and serves as a note of caution to employers that if caught out, they face fines of up to £20,000 per illegal worker and two to five years in prison. Burger chain Byron's is the latest business to come under the radar of the UKVI as it raided several of its business premises in London. A spokesperson  for the Home Office stated: > Immigration enforcement officers carried out intelligence-led visits to a number of Byron restaurants across London on 4 July, arresting 35 people for immigration offences. The operation was carried out with the full co-operation of the business. The good news for Byron's is that the Home Office accepted that it had carried out the proper [right-to-work checks](https://immigrationandvisasolicitors.co.uk/home-office-updates-right-work-checks-uk-employers/), but workers had presented forged or otherwise false documents. Consequently Byron will face no legal action as a result of employing them. If the Home Office hadn’t found in Byron’s favour then the business could have fines of up to £700,000 and its bosses could have face criminal sanctions of up to five years in prison. ## Are You a UK Business Served with a Penalty Notice from the Home Office If you are a UK employer that is found employing an illegal migrant, you would get a ‘referral notice’  from the Home Office to let you know that your case is being considered. The Home Office may also fine you  (i.e. a civil penalty) of up to £20,000 for each illegal worker. The ‘civil penalty notice’ will give the employer payment options and tell you what do next. It will also tell you how to object to the civil penalty and how to appeal. The Home Office may also publish the employer’s details as a warning to other businesses not to employ illegal workers. Those who are found to have ‘knowingly employed’ an illegal worker, could be sent to jail for up to 2 years and receive an unlimited fine. It is therefore, imperative that employers are aware of the current immigration rules and their duties. ## Immigration Legal Advice for UK Employers & Illegal Workers If you are a UK business and have been affected by the Home Office's raids, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor these migrants and must have a valid Tier 2 Sponsorship Licence. If the Home Office has contacted you in relation to carrying out a compliance visit at your business premises, [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) for legal advice. Illegal migrants with strong Human Rights arguments ought to take legal advice and regularise their stay in the UK as soon as possible and before it is too late. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) to discuss your immigration situation and we will assess your case and provide you with options of regularising your stay. --- # NHS does not Qualify as Comprehensive Sickness Insurance for EEA Nationals Source: https://immigrationandvisasolicitors.co.uk/nhs-not-qualify-comprehensive-sickness-insurance-eea-nationals/ *Following on from our recent report on the impact of Brexit on EU nationals currently residing and working in the UK and many EU nationals rushing to obtain documents which confirm their right to reside and work in the UK, one key issue that has arisen is the importance of having Comprehensive Sickness Insurance Cover (CSIC).  This is an insurance policy for EEA nationals, that will cover the costs of most of the medical treatment they may require whilst in the UK. Many EU nationals do not realise that they need to have this cover in the first place, we briefly outline below who needs comprehensive **sickness insurance and the importance of having it. * ## ## When does an EEA national need Comprehensive Sickness Insurance If you are an EEA/ EU national or the family member of an EEA or EU national and you would wish to qualify for a right of residence and eventually a right of permanent residence  there are certain requirements which must be met as set out out by the UK immigration rules and the EEA regulation 2006. EU law gives a right of entry to the UK to any EEA citizen. However, only certain EEA citizens qualify for a right of residence, which brings with it the right to be accompanied by family members, the right to claim certain benefits, protection from removal from the UK and the right to acquire permanent residence after five years of a qualifying activity. The main categories of EEA citizen who qualify for a right of residence are: - Workers - Self employed persons - Self sufficient persons *with comprehensive sickness insurance* - Students *with comprehensive sickness insurance* As you can see, from above the Regulations require ‘self-sufficient’ EEA members and ‘student’ EEA members to have Comprehensive Sickness Insurance. The Regulations also require the family members of self-sufficient individuals and EEA students to have Comprehensive Sickness Insurance.  The UK’s implementation of EU law has always required the family members of self sufficient EEA citizens to possess comprehensive sickness insurance as well as the EEA citizen in order for them to have a right of residence. From 6 April 2015 the same rule has also been applied to the family members of EEA students. The [Home Office published](https://www.gov.uk/government/publications/sickness-insurance-for-family-members-of-eea-students) its guidance last year on CSIC for family members of EEA students. ## How can EEA Nationals evidence Comprehensive Sickness Insurance Cover We previously [reported here](https://immigrationandvisasolicitors.co.uk/uk-immigration-case-ahmad-v-secretary-state-home-department/) on a case decided in the Upper Tribunal (UT) which highlights the importance of having CSIC. The Judge at the UT dismissed the Appellant's claim that because her EEA national partner paid money into NHS therefore that should have been sufficient to show CSIC. The case begs the question as to what counts as CSIC. An EEA national living in the UK is allowed to use the UK’s National Health Service (NHS). The Home Office has long argued that this does not count for the purposes of EU law as having comprehensive sickness insurance. So, we know from the [*Ahmad* ](https://immigrationandvisasolicitors.co.uk/uk-immigration-case-ahmad-v-secretary-state-home-department/) case above that access to the NHS does not count as CSIC. We have highlighted below two ways a self sufficient or EEA national student and their family members may be able to satisfy this requirement; - Buying comprehensive private health insurance, which covers the EEA national and their family members. The Home Office guidance states that it must be "[full health insurance](https://www.gov.uk/family-permit/documents-you-must-provide)" cover. - An EEA national may also wish to rely on the European Health Insurance Card (EHIC) as evidence of comprehensive sickness insurance, however the guidance makes it clear that this is only if you make a declaration that you do not intend to stay in the UK permanently. EEA/EU nationals should seek professional advice if uncertain about whether they require  CSIC, to avoid the shock refusal of an application for permanent residence due to inadequate comprehensive sickness insurance. ## Contact us for Advice on your EEA/EU immigration matter Choosing the right law firm from the beginning can ensure the correct applications are made from the outset this will not only allow for an easy mind in preparing for an application, but will also mean that in the long run applicants will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. Many Applicants make the mistake of providing insufficient documentation and thus fail to evidence their recognised entitlement to apply for permanent residence or British Citizenship. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you require assistance with an application for an EEA residence card, permanent residence or British Citizenship you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment. --- # Court of Appeal: Section 3C Immigration Leave not applicable for EEA residence applications Source: https://immigrationandvisasolicitors.co.uk/court-appeal-section-3c-immigration-leave-not-applicable-eea-residence-applications/ *The recently decided case of [AS (Ghana) v Secretary of State for the Home Department [2016] EWCA Civ 133 (20 January 2016)](http://www.bailii.org/ew/cases/EWCA/Civ/2016/133.html) in the court of appeal  has confirmed that [section 3C leave](https://www.gov.uk/government/publications/3c-and-3d-leave) does not apply to EEA residence applications. Under the Immigration rules an Applicant can continue to remain in the UK whilst they wait for a decision on an application to extend their current visa. Section 3C and leave prevents the Applicant from becoming an overstayer and extends the **Applicant’s UK immigration status during any waiting time for their application to be decided or for an appeal to be decided. The new case decided by the Court of Appeal confirms that when an EEA or non- EEA national makes an application for a residence document which is refused, the Applicant may not be entitled to continue to have a right to reside in the UK by virtue of section 3C. We have outlined the impact of the case and the decision below. * ## Court of Appeal Decision of AS (Ghana) v Secretary of State for the Home Department The case involved a non EEA national granted residence permit as the non-EEA spouse of an EEA national valid between 17 November 2006 and 17 November 2011. The couple divorced on 25 October 2011. The First Tier Tribunal and Upper Tribunal dismissed the Appellant's appeal on the basis that there was no valid appeal because appeals under the Immigration Act 1971 are given to a category of immigration decision including the refusal to vary person's leave to enter or remain. The Appellant's lawful residence in the UK as a qualifying family member of an EEA citizen was determined not to amount to such leave. The court of appeal in its determination stated the following; > The question before us is whether a person who at one stage was the spouse of an EEA citizen with a right of abode in the United Kingdom but no longer has that status and right is to be treated as having leave either under the Immigration Act 1971 or otherwise after his application for permanent residence as the former spouse of an EEA citizen has been rejected. The answer to that question lies in the rules as set out in the Immigration Act 1971 which was amended to create a right under section 3C for an Applicant to be able to remain in the UK after making a valid application to extend their visa and or when that application is refused. To benefit, the Applicant must have an existing leave to enter or remain at the time when the valid application is made. Section 3C then prevents such an applicant from becoming an overstayer during the period in which their application for an extension or variation of leave remains undecided and, thereafter, while an Immigration appeal against any refusal could be brought or is pending.  Section 3c has been further amended by the immigration Act 2014 to restrict the use of section 3c as a right to continue to remain in the UK. The court of appeal's conclusion in the case above therefore confirmed the Home Office's updated policy on section 3c leave; > - Mr Kannangara’s submission that a person “should” have a status in effect similar to that given by section 3C of the 1971 Act is in effect a submission as to a reform designed to put such a person in a similar position to a person with leave under the 1971 Act. That process, however, is one for the legislature and not for the court. > - As well as the provisions to which I have referred, paragraph 4(2) of schedule 2 to the 2006 Regulations expressly provides that a person who has been issued with a residence card shall have no right of appeal under section 82(1) of the 2002 Act, and regulation 19(5) recognises the distinction between the right to reside under EU law and the right to remain under the 1971 Act. It provides that a person must not be removed as a person who does not have or ceases to have a right under the 2006 Regulations it he has a right to remain by virtue of leave granted under the 1971 Act. The Appellant's leave as an EEA national therefore did not entitle him to a right under section 3C to extend his status and right to remain in the UK as  previously awarded to him under the EEA regulations. ## Home Office Policy on Section 3C Immigration Leave for EEA nationals We previously reported that the Home Office updated its policy guidance which confirms that EEA applications do not qualify as applications that extend section 3C leave. The Home Office guidance also clarifies that when a Non EEA national makes an application to extend their current leave under the EEA Regulations, such an application will not treat their leave to remain in the UK as continuing. Therefore when the Applicant's visa expires the Applicant will become an overstayer. Applicants who wish to make an EEA application to extend their current leave should seek legal assistance before making an application for an extension or variation of leave. The Home Office current  policy guidance can be read [here](https://www.gov.uk/government/publications/3c-and-3d-leave). ## Successful UK Visa & EEA Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa or EEA residence application step by step and limit the possibility of failure by complying with the strict letter of law. If you have had a visa application refused and you have been given the right to appeal, contact our expert immigration team for legal advice. Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through your appeal process step by step. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone case assessment. --- # Tier 2 UK Visa Options for Non – EEA national Sportspersons Source: https://immigrationandvisasolicitors.co.uk/tier-2-uk-visa-options-non-eea-national-sportspersons/ *The Tier 2 (Sportsperson) visa is designed to accommodate elite sports personnel from outside the European Economic Area (EEA) and Switzerland. In recent years domestic sport in the UK has been privileged to welcome international sports people and coaches from all around the world, helping their chosen sport to successful triumphs. We briefly outline below the options available to non EEA sport's persons seeking entry into the UK. * ## UK Visa Options for non-EEA national Sportspersons Applicants applying under the Tier 2 (Sportsperson) route must ensure they are internationally recognised at the highest level and contribute to the development of their chosen sport. Sports people, who intend on staying for less than 12 months in the UK, can make an application under a Tier 5 (Temporary Worker- Creative and Sporting) visa. Our team of expert lawyers can assist with the preparation and submission of a Tier 2 (Sportsperson) or a Tier 5 (Temporary Worker- Creative and Sporting) visa and ensure your application is submitted in accordance with the Home Office’s requirements. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application. ## Tier 2 Sportsperson or Tier 5 Creative worker To make an application under the Tier 2 Sportsperson visa route, the Applicant would be expected to make a significant contribution to the development of their chosen sport in the UK. You will only be eligible for this visa if you - Have a certificate of sponsorship reference number from your sponsor; - Meet the English requirement; and you must - Have £945 in savings. To prove that you can support yourself. Applicants may apply for Tier 2 (Sportsperson) Visa, 3 months before the start of their employment. It is crucial to obtain the correct guidance  prior to submitting your application due to stringent requirements set out in the immigration rules. Previously English Premier League footballers such as [Marcos Rojo of Manchester ](https://immigrationandvisasolicitors.co.uk/argentinian-footballer-awaiting-decision-on-tier-2-sportsperson-visa/)United and Joel Campbell of Arsenal FC have faced the thorough checks by Home Office caseworkers before being eventually granted a Tier 2 (Sportsperson visa). The other option available to sports stars looking to stay in the UK for under 12 months is the Tier 5 (Temporary worker) visa. You can apply for a Tier 5 (Temporary Worker - Creative and Sporting) visa if: - you’ve been offered work as a sportsperson or creative worker; - you’re from outside the [European Economic Area (EEA)](https://www.gov.uk/eu-eea) and Switzerland; and - you meet the other [eligibility requirements](https://www.gov.uk/tier-5-temporary-worker-creative-and-sporting-visa/eligibility). ## Contact us for successful Tier 2 (Sportsperson) or Tier 5 (Temporary Worker- Creative and Sporting) Visa applications There are exemptions to the above which is something that can be explored with our expert Immigration Solicitors. If you wish to apply for a Tier 2 Sportsperson visa we can help you with your application and queries. Our expert team of lawyers can assess your matter in more detail to ensure that you are eligible for this UK visa route under the Immigration Rules and assist you in the preparation of  the application. Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment.   --- # English Language Requirement: Immigration Act introduces Code of Practice for Public Sector Workers Source: https://immigrationandvisasolicitors.co.uk/english-language-requirement-immigration-act-introduces-code-practice-public-sector-workers/ *The Home Office recently published a [draft code](https://www.gov.uk/government/publications/immigration-bill-part-7-language-requirements-for-public-sector-workers) on English Language, to inform public authorities of their new "fluency duty". The new draft code is intended to ensure that every public sector worker, operating in a customer-facing role, can speak fluent English.   The draft Code, published by Cabinet Office Minister Ben Gummer this month, has been made under Part 7 of the Immigration Act 2016 which received Royal Assent on 12 May 2016. We briefly outline the English language requirements set out in the draft code below. * ## Home Office Code of Practice: English Language Requirement The Immigration Act 2016 places an obligation on public authorities which include: central government; non-departmental public bodies; councils and other local government bodies; NHS bodies; state funded schools; the police and the armed forces; and public corporations. It aims to ensure that each person who works for the public authority in a customer-facing role speaks fluent English (or Welsh, in Wales); that the public authority must operate an adequate procedure for enabling complaints to be made and for the consideration of such complaints. The Code of Practice outlines; - the minimum standard of spoken English to be met by public bodies, -  the action to be taken by a public authority where someone does not meet that standard; - the procedure to be operated to deal with any complaints; and - how the public authority can comply with its other duties including its obligations under the Equality Act 2010. ## Workers may require Qualifications or to pass English Language Test The Code of practice sets out that in a situation where a particular standard of spoken language ability has been legitimately set as an essential requirement for the role, prospective public sector workers may need to be assessed on their English speaking ability, either through a formal test or as part of the interview process.However the code does not envisage that existing members of staff will all need to be tested. The code advises that public authorities should be prepared to accept a range of evidence of spoken language ability. It goes on to list a number of ways members of staff or prospective workers could demonstrate their fluency, some of which include the following; - competently answering interview questions in English or Welsh;  - possessing a relevant qualification for the role attained as part of education in the UK or fully taught in English or Welsh by a recognised institution abroad; or - passing an English or Welsh spoken language competency test or possessing a relevant spoken English or Welsh qualification at CEFR Level B1 or above, taught in English or Welsh by a recognised institution abroad. Part 7 of the Immigration Act 2016 is due to take effect 6 months after the the Immigration Act which recieved royal assent in May. The Home Office has also published a factsheet regarding the new English language requirement which can be found [here](https://www.gov.uk/government/publications/immigration-bill-part-7-language-requirements-for-public-sector-workers). Immigration Minister James Brokenshire has stated on the aims of the new requirement; > “Being able to speak English is key to integrating into our society. All public sector workers should be able to speak English fluently so they can communicate effectively with their customers and colleagues. > Our new rules will break down the language barrier to help the public use the services they need and promote integration and British values.” ##  UK Visa Advice For Applicants If you would like to discuss how the English language requirement may affect you, call one of our immigration solicitors in London who will be able to assist you by meeting with you and reviewing your case. There are many providers but many have had their visas refused for taking tests with rogue providers. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/)/instruct us so we can review your case and ensure you have the correct documentary evidence in place in this regard. --- # Turkish Businessperson Visas under the Ankara Agreement Source: https://immigrationandvisasolicitors.co.uk/turkish-businessperson-visas-ankara-agreement/ *Turkish nationals planning to start a new business in the UK or to come to the UK to help to run an established business can apply for a [UK Turkish Businessperson visa](https://www.gov.uk/turkish-business-person/overview) under the Turkish European Community Agreement ([ECAA](https://web.archive.org/web/20160223183454/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/469550/Turkish_ECAA_business_guidance_v6.pdf)), also referred to as an [Ankara Agreement](https://en.wikipedia.org/wiki/Ankara_Agreement).* ## Turkish Businessperson Visa requirements [We assist Turkish nationals](https://web.archive.org/web/20170116061351/https://immigrationandvisasolicitors.co.uk/turkish-nationals/) in coming to the UK as businesspersons from outside the UK. Amongst the requirements which you will need to meet, you will firstly need to show your genuine intention to set up a viable business.  Secondly, you must have the funds to establish your proposed business and be able to bear the costs of running the business. Finally, your share of profits needs to be sufficient to support you and your dependants. If you wish to join an existing business you will also need to show that you will have an active part in running the business and that there is a genuine need for your services and investment. ## Your rights under a UK 'Ankara Visa' The application for a visa can be submitted up to 3 months before the planned date of travel to the UK.  The decision is usually made within 3 weeks when applying from outside the UK. Turkish businessmen and women will be able to use the visa to stay in the UK for 12 months, but you will be eligible for an extension of 3 years. In order to apply for an extension, you would need to demonstrate that your business is ongoing, that you are able to pay your share of the costs of running the business and that your share of profits will be enough to support you and your dependants. You can apply to settle in the UK if you have had a Turkish Businessperson visa for four years. ## Switching to a Turkish Businessperson Visa Turkish nationals may be able to switch to a Turkish Businessperson visa from another category. You would need to be in the UK legally, meet the above-mentioned eligibility requirements and not be running a business in the UK that’s not allowed on your current visa. ## Legal Advice from UK Immigration Solicitors on Turkish Businessperson Visa The evidence required to support an Ankara Agreement application is bespoke to each case and the Home Office do not provide specific guidance about what will be sufficient therefore you may wish to [take legal advice when making a UK Ankara visa application](https://web.archive.org/web/20170116061351/https://immigrationandvisasolicitors.co.uk/turkish-nationals/). Our expert team of lawyers have extensive knowledge of making applications for Turkish nationals under the Ankara Agreement. We also handle immigration appeals for those who have had their Ankara visa applications refused. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding the unnecessary expense of re-submitting your application to the Home Office. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for a UK Ankara Turkish Businessperson Visa please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # Immigration Minister: No Points-Based System for EEA Nationals in UK Source: https://immigrationandvisasolicitors.co.uk/james-brokenshire-no-points-based-system-uk-immigration-brexit-eea/ *This week, immigration minister, James Brokenshire, said the new post-Brexit UK immigration system might not be based on the points-based Australian style model, as was promised during the EU referendum campaign. The UK government recognises the current concern among EU nationals and UK businesses and employers following the[ Brexit vote last month.](https://immigrationandvisasolicitors.co.uk/brexit/)  There is still widespread uncertainty as the UK government continues to consider the options for UK immigration policy following Brexit. * ## Post Brexit Immigration options for EU nationals The Immigration Minister, has assured the public that work has begun on setting up a new immigration system, in relation to EU migration to the UK following Brexit.  The Immigration Minister stated: > The prime minister has said that free movement cannot continue in its present form. The Home Office work is to look at the various different options. “It is not necessarily that the points-based system is the right way to do it. There are other arrangements that could be considered as well The immigration minister confirmed that the government will not unilaterally guarantee the future position of almost 3 million EU nationals who currently lawfully resident in the UK, until the position of British citizens in EU countries is secured.  He also indicated that under EU law, citizens of other EU countries have a permanent right to live in the UK if they have been in Britain for five years.  ‘Having established that right, I think as a matter of law, it would be virtually impossible to take then that away from them’, said the minister. For EU nationals the current advice is to ensure they have a document confirming their right to reside and work in the UK. ## Post Brexit options for EEA Nationals Obtaining a document which certifies permanent residency is one of the measures an EEA national currently exercising treaty rights in the UK can take to secure his or her future in the UK. [Our immigration lawyers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) have seen a huge surge in immigration enquiries from clients who wish to settle in the UK following many years of exercising their treaty rights. Many EEA nationals we have spoken to over the last few years have become accustomed to British society and have made the UK their home. However, following BREXIT, they now fear that their lives in the UK may become disrupted in the near future. Many have met and married British nationals and have decided to settle in the UK so they can raise their children here. Nevertheless, those who want certainty should consider their options of applying for an EEA Permanent Residence Card which will bar them from immigration restrictions. ## Legal Advice for EEA Nationals Following BREXIT If you wish to consider your options following Brexit or are concerned about your current position in the UK, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. If you need professional legal advice please contact us for a case assessment on ☎ 02030110276. You can also reach us via our WebChat facility or via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). Please note that we are not able to provide any free legal advice. --- # Naturalisation as a British Citizen in the UK – EEA Nationals naturalising post-BREXIT Source: https://immigrationandvisasolicitors.co.uk/uk-naturalisation-british-citizenship-eea-eu-europe-national/ *Naturalisation is a privilege acquired by people who can demonstrate that they have lawfully resided in the United Kingdom for 5 years and satisfy the Home Office’s requirements under [British Nationality Act 1981](http://www.legislation.gov.uk/ukpga/1981/61). * *If you are applying as a national of a Non-EEA [(European Economic Area)](http://www.efta.int/eea) country you must have also held [Indefinite Leave to remain](https://web.archive.org/web/20190905173556/http://www.visabureau.com:80/uk/residency.aspx) (ILR) for a minimum of 12 months as well as 5 years of lawful residency. The requirements differ if you are married or in a civil partnership with a British Citizen, with the main difference being the term of lawful residency changing to 3 years.* *In principal, all the requirements must be satisfied in order for an application to be approved but from our experience, we have seen the Home Secretary use her discretion in some applications where all the requirements are not fully satisfied.* ## British Naturalisation as a married partner in the UK If you are married to a British citizen your application will be governed by Section 6 (2) of the [British Nationality Act 1981](https://immigrationandvisasolicitors.co.uk/immigration-act-2014-reforms-to-obtaining-british-citizenship-2/). Your Application must meet the following requirements: - You must be married to a British Citizen and be aged over 18 at the time of the application; - You must have lawfully resided in the UK for a minimum of 3 years and have sufficient knowledge about life in the UK. In addition to this you must be able to communicate in English; and - You must be of good character. ## Residence requirements for Naturalising as a British Citizen In order to submit a properly executed naturalisation application, applicants must demonstrate they have been lawfully present in the United Kingdom for 3 years prior to the date they submit the application. In some occasions where there are special circumstances, the Home Secretary may exercise her discretion where the applicants’ absences exceed the minimum residency requirements.  Applicants must ensure they have had no more than 270 days outside the UK in the 3 year period and no more than 90 days in the 12 month period before submitting the application.  In addition, Applicants must also ensure that are not in breach of any immigration rules and are free of immigration restrictions. Applicants must ensure they have had no more than 270 days outside the UK in the 3 year period and no more than 90 days in the 12 month period before submitting the application.  In addition, Applicants must also ensure that are not in breach of any immigration rules and are free of immigration restrictions. ## EEA Nationals: Naturalising as British Citizens post-Brexit In the aftermath of the EU referendum, there is an element of uncertainty amongst EU citizens leaving many gravely concerned about their future in the UK.  In spite of Pro-Brexit activists claiming the focus is not limit the free movement rights of EU citizens it remains unclear what may happen once Article 50 is triggered.  Previously, [EEA nationals](https://immigrationandvisasolicitors.co.uk/british-citizenship-for-eea-nationals/) who had lawfully resided in the UK were eligible to naturalise after 5 years of lawful residency but it is likely there will be major changes to the current legislation governing Naturalisation. As the Prime Minister Theresa May responded when asked about the future of EU citizens in the UK: > “I want to be able to guarantee their rights in the UK. I expect to be able to do that and I intend to be able to do that, to guarantee their rights. The only circumstances in which that would not be possible would be if the rights of British citizens living in other EU member states were not guaranteed.” This has clearly brought about a web of uncertainty on the settlement of EU citizens in the UK and it has compelled many EU citizens to act immediately and seize the opportunity in securing their status in the UK as British citizens.  We highly recommend Applicants who wish to acquire British Nationality to submit their applications without further delay as the Home Office have been overwhelmed with Naturalisation applications since the EU referendum.  Due to the high number of applications received by the Home office, there is currently a backlog of cases which as a consequence means long delays. ## Contact us for a successful UK Naturalisation application Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for Naturalisation please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. **   --- # UK Ancestry Visa for Commonwealth Citizens Source: https://immigrationandvisasolicitors.co.uk/ancestry-visa-uk/ *Commonwealth Citizens who have a grandparent who was born in the UK, [Channel Islands](http://www.visitchannelislands.com/) or the [Isle of Man](http://www.isleofman.com/) and who wish to migrate to the UK with the freedom to live and work can apply for the[ UK Ancestry Visa. ](https://www.gov.uk/ancestry-visa/overview)The visa is granted for a period of five years and gives access to the entire job market without the restrictions of Tier 2 Work visa. * [Commonwealth Citizens ](https://immigrationandvisasolicitors.co.uk/good-news-commonwealth-nationals/)can stay on UK Ancestry Visa for a period of 5 years. After that period of continuous stay in the UK, you would be eligible to apply to settle in the UK permanently. In order to apply for UK Ancestry Visa, you will need to prove that one of your grandparents was born in the UK. This means providing old documents, such as birth or marriage certificates. You will need to apply from outside the UK and meet all the eligibility requirements. ## Qualifying criteria for UK Ancestry Visa In order for your Ancestry Visa application to be successful: - You will need to be aged 17 or over; - You will need to have a grandparent who was born in the UK, Channel Islands or the Isle of Man or Republic of Ireland prior to 31 March 1922; - You can adequately support and accommodate yourself and your dependants; - You have enough money to support and house yourself and your dependants without help from public funds; ## What activities are permitted and not permitted on UK Ancestry Visa Once your visa application is successful, you will be able to start your life in the UK. Your Ancestry visa will allow you to work, study and bring you family members to the UK. You will be able to bring your partner, your children under 18 and your child over 18 if they are currently in the UK as a dependant. During your stay on the Ancestry visa, you would not be allowed to get public funds. You would not be able to switch into this visa if you are already in the UK on another visa, such as Tier 2 or Tier 4. ## What we can do for you to ensure your UK Ancestry Visa is successful If you are a national of one of the Commonwealth countries and you wish to come to the UK, it is best to seek legal advice to find out the options that may be available to you.  You can find the full list of Commonwealth countries [here](http://thecommonwealth.org/member-countries). Our solicitors would explore your options with you and advise you on the right route. We would also consider other options with you, such as [General Visit Visa](https://www.gov.uk/standard-visitor-visa/overview) if you wish to come to the UK to see friends or family or as a tourist or a [Tier 5 Visa](https://www.gov.uk/tier-5-youth-mobility/overview). ## Requirements for UK Ancestry Visa application You will need to provide your current passport or other valid travel document together with the required [documents](https://www.gov.uk/government/publications/application-for-uk-visa-non-pbs-work-or-uk-ancestry-form-vaf2). You will also need to prove that you have enough money to support yourself by providing your bank statements that show the amount of your savings. In addition, you need to submit all the documents evidencing your Ancestry such as your birth certificate, your marriage certificate if relevant and the full birth and marriage certificates of your grandparents. You might come across many difficulties during the preparation of your application and we would be happy to help you to overcome them by providing you with advice tailored to your circumstances. ## Legal Advice from UK Immigration Solicitors on UK Ancestry Visa The evidence required to support a UK Ancestry Visa application is bespoke to each case and you may wish to take legal advice when making your application. Our expert team of lawyers have extensive knowledge of making applications for Ancestry Visa. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding the unnecessary expense of re-submitting your application to the Home Office. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for a UK Ancestry Visa please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. **   --- # Law Society rejects increase to UK Immigration and Asylum fees Source: https://immigrationandvisasolicitors.co.uk/immigration-and-asylum-fees/ *Immigration and asylum fees in the UK are set to increase up to 500 % despite the overwhelming opposition. The [government announced ](https://www.gov.uk/government/consultations/proposals-to-amend-immigration-and-asylum-chamber-fees)that it will go ahead with the proposed changes, what can result in denying justice to many vulnerable people and leave a large number of decisions unchallenged.* ## Home Office propose new changes of immigration and asylum fees in UK The response to the [consultation](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/553387/proposals-imm-asylum-chamber-consultation-response.pdf) on [proposals](https://immigrationandvisasolicitors.co.uk/law-society-unfair-proposals-500-increase-immigration-appeal-fees/) of reforming the immigration and asylum fees was published on Friday. Proposed changes may result in significant reduction in the number of appeals. The press release announced the government’s intention to: - increase the fee for an application to the First-tier Tribunal (Immigration and Asylum Chamber) for a decision on the papers from **£80 to £490** - increase the fee for an application to the First-tier Tribunal (Immigration and Asylum Chamber) for an oral hearing from **£140 to £800** - introduce a fee of **£455** for an application to the First-tier Tribunal for permission to appeal to the Upper Tribunal - introduce a fee of** £350** for an application to the Upper Tribunal for permission to appeal in that Tribunal (where the application to First-tier Tribunal has been refused) - introduce an appeal fee in the Upper Tribunal of **£510** - extensions to the existing exemptions and remissions scheme that applies in the First-tier Tribunal and on whether the same scheme should apply in the Upper Tribunal ## Law Society comments on proposed fee changes The government’s plans for a five-fold rise in fees to issue asylum and immigration claims will deny justice to many vulnerable people. As a result, the Home Office’s ‘erroneous’ decisions might be left unchallenged, lawyers said on Friday. [The Law Society ](https://web.archive.org/web/20170807092701/http://www.lawsociety.org.uk/news/press-releases/parliament-must-reject-punitive-immigration-tribunal-fee-increases/)called on MPs to reject the planned changes in immigration and asylum fees, describing the proposal as being potentially unlawful. The Society’s president, Robert Bourns, said that > 'the Ministry of Justice’s decision to proceed with these punitive increases-despite all the warnings about how they will hamper access to justice – is a huge setback for justice in the UK.’ Bourns also claimed that the move would "disproportionately" affect groups already vulnerable to discrimination. > 'We fear that the fee increases unlawfully discriminate, because they are likely to fall disproportionately on those with protected characteristics as defined by the Equalities Act.' ## Successful UK Visa Applications and Appeal Solicitors [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making an application step by step and limit the possibility of failure by complying with the strict letter of law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice please contact us for a case assessment on 02030110276. You can also reach us via our WebChat facility or via our **[contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. Please note that we are not able to provide any free legal advice.** * * --- # Sole Representative Visa – UK Business Immigration Law Source: https://immigrationandvisasolicitors.co.uk/sole-representative-visa-uk-immigration-law/ *The Sole Representative Visa is a popular route for Entry Clearance often used by business people whose primary aim is to set up a part of their existing overseas business in the UK. Interest in this particular visa has significantly increased as Applicants could potentially have the similar rights to [Tier 1 (Entrepreneur)](https://www.gov.uk/tier-1-entrepreneur/overview) Applicants. A key distinction between the two visas is unlike the Tier 1 (Entrepreneur) route, Applicant’s applying for a Sole Representative Visa will not require a substantial amount of initial investment and it's not points based.   * ## Can you apply for a UK Sole Representative Visa You may be eligible to apply for the [Sole Representative Visa](https://immigrationandvisasolicitors.co.uk/sole-representative-visa-uk/) if you are a representative of an overseas company whose main business activity falls outside the European Economic Area (EEA). To submit a successful application you will be required to provide evidence that you are employed by the parent company. You will not be granted this visa if you are working on behalf of the company as an agent or if the overseas company already as a commercial presence in the UK. This visa is also available for individuals who are employed by an overseas media/broadcasting company and are required to work on ongoing assignments in the UK. As mentioned above, Sole Representative Visa applications must be submitted from outside the European Economic Area (EEA). The Immigration rules will not allow you to switch to a Sole Representative Visa from a different category. If your application is successful you will be granted the visa for three years and upon completion of the three years, you can apply to extend your visa for another two years. You must meet the following requirements if you intend on coming to the UK as a sole representative of an overseas company: - You must be recruited from outside the UK and already be employed by the overseas business; - You must not have any ownership interest in the overseas parent business; - You must have comprehensive knowledge and experience of the industry such as details of business activities, assets and accounts; and - You must hold a senior position within the company and be in a position to make operational decisions without the need to request permission from the parent company. In addition to this, it is essential that you are able to demonstrate that you meet the [English language](https://www.gov.uk/representative-overseas-business/knowledge-of-english) requirements and you have sufficient funds to support yourself as you will have no access to public funds if you are granted this visa. Meeting these requirements will demonstrate that you are making genuine application as a Sole Representative of an overseas business and you are able to integrate and mix in the UK. ## Visa conditions under Sole Representative route If you are granted a Sole Representative Visa, you will need to be conscience of what you are permitted to do and the restrictions imposed upon you under the Immigration Rules. Individuals who breach their visa conditions will have their visa rescinded and will have adverse immigration on the Home Office records. **Under this visa you are entitled to**: - Work full time for your employer; - Extend your visa and apply for to settle in the UK, you can only apply to settle once you have resided continuously in the UK for a period of 5 years; and - Apply to have your family members join you in the UK. Each family member will be required to pay the Immigration Health Surcharge (IHS). **Under this visa you must not**: - Work for any other business other than your overseas employer or set up your own business in the UK; - Represent an interest for any other company; and - Request or receive for public funds. ## Advice from UK Immigration Solicitors on Sole Representative Visa [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Sole Representative visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for a Sole Representative Visa please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # UK Tier 1 Entrepreneur Visas: Accelerated Settlement (Early Indefinite Leave to Remain) Source: https://immigrationandvisasolicitors.co.uk/tier-1-visas-accelerated-settlement-entrepreneurs-early-indefinite-leave-to-remain-ilr-investor/ *The UK government has introduced new immigration rules to encourage elite businessmen and women to invest in the UK under the [Tier 1 (Entrepreneur) route](https://www.gov.uk/tier-1-entrepreneur/overview). The changes encourage entrepreneurs from outside the [EU](https://europa.eu/european-union/index_en) to set up or take over existing businesses. The UK government has introduced key changes to the settlement rules, which we will outline in more detail below.* ## UK Tier 1 Entrepreneur Visas  - Eligibility Applicants from outside the European Economic Area (EEA) who wish to set up or take over a running business can apply under the Tier 1 (Entrepreneur) route if they can satisfy the Home Office's requirements. Applicants must have access to a minimum of [£50,000](https://www.gov.uk/tier-1-entrepreneur/access-to-50000-investment-funds). There are different eligibility requirements for those who have access to funds in excess of [£200,00 available](https://www.gov.uk/tier-1-entrepreneur/access-to-200000-investment-funds) to them. Applicants must be able to support themselves financially, as they would not be eligible to access public funds and should ensure they meet the English language requirements before making an [application](https://immigrationandvisasolicitors.co.uk/new-requirements-for-uk-tier-1-entrepreneur-investor-tier-2-visa-applicants/). Under the Tier 1 (entrepreneur) route applicants will not be allowed to engage in business activities which are not directly related to their chosen business.  Where an Applicant wishes to work alongside someone, they can form an entrepreneurial team. ## Fast-track ILR settlement under Tier 1 Entrepreneur Route Entrepreneurs who have invested in the UK may be eligible to apply for settlement status (Indefinite Leave to Remain) in the UK, after 5 years of continuous leave in the UK. Entrepreneurs who wish to qualify for leave to remain must satisfy paragraph [245DD of the Immigration rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system). Settlement under this route does not allow Applicants to combine their Tier 1 (Entrepreneur) leave with any of the other categories. Applicants are free to travel under the Tier 1 route but should note the Home Office’s unforgiving rules in respect of absences from the UK during each of the 12 months of the continuous period.  The Home Office will not hesitate to refuse an application where an Applicant has been absent for more than 180 days in any one year of the continuous period. ## Accelerated Settlement via an Entrepreneur Visa Application The UK government has acknowledged the importance of welcoming foreign businesspeople into the UK  and in response has introduced an accelerated route to settlement. This route encourages Non-EEA businesspeople to invest in the UK and in return they could potentially receive settlement status (ILR) in the UK within 2 or 3 years depending on the growth of their business.  It is clear the government is content in allowing applicants who significantly contribute towards the growth and development of the UK economy to settle permanently in the UK. UK government immigration minister [Damian Green](https://web.archive.org/web/20230508031322/https://members.parliament.uk/member/76/contact) has previously said: > Entreprenuers and investors can play a major part in our economic recovery and [I want to do](https://www.gov.uk/government/news/new-visa-rules-to-encourage-entrepreneurs-and-investors-to-the-uk) everything I can to ensure that Britain remains an attractive destination for them. An applicant who sets up a new business can qualify for accelerated settlement if they can show that their business has had a minimum income of £5 million directly from their business in the first 3 years of their Tier 1 (entrepreneur) visa. The accelerated settlement may also be exercised by applicants who have taken over an existing business, they must show an increase of £5 million in the gross income as a result of business activity ## Making a successful application for Accelerated Settlement via the UK Tier 1 Entrepreneur route Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for accelerated settlement please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. **   --- # UK Tier 5 Sponsor Licence for Businesses and Employers Source: https://immigrationandvisasolicitors.co.uk/tier-5-sponsor-licence/ *With current development in UK immigration laws, many business owners are eager to learn more about different options available in order to bring in international talents from outside the European Economic Area to continue to meet business needs and growth. One of the options that may be available to some business owners is to obtain a Tier 5 Sponsor Licence which enables them to employ a skilled non EEA worker on a temporary basis. We briefly outline below how businesses can obtain a Tier 5 Sponsor Licence.* ## Employing a Tier 5 Temporary Worker in the UK A Tier 5 Sponsorship Licence caters specifically for employers wishing to employ temporary workers and must fall under one of the following categories; - Tier 5 (Temporary Worker) Creative and Sporting; - Tier 5 (Temporary Worker) Religious Workers; - Tier 5 (Temporary Worker) Charity Workers; - Tier 5 (Temporary Worker) Government Authorised Exchange; and - Tier 5 (Temporary Worker) International Agreement. There are several [requirements](https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjB4bnvz9LPAhVIIsAKHY62Ci4QFgg5MAA&url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F515819%2FTier_25_guidance_04-16_v1.2.pdf&usg=AFQjCNGSwLlnrdls4oC6fYHlFGdpvLHLkQ&sig2=ypQFxuAjRVORZcKy_wQwww&bvm=bv.135258522,d.bGs) that businesses must meet in order to be eligible to apply for a Tier 5 Sponsor Licence such as; - Not have (a) any unspent criminal convictions for immigration offences and certain crimes, and (b) any history in non-compliance with sponsorship duties; - Show that you are a genuine and legitimate business; - Proof that you intend to hire a worker for a ‘genuine vacancy’; and - Show that you are capable and will continue to comply with sponsor duties. Within each Tier 5 categories, there are further specifications on what type of businesses are eligible. For instance, an organisation must be a registered, excepted or exempt UK charity to fall under the [charity workers](https://www.gov.uk/tier-5-temporary-worker-charity-worker-visa) type of employment. ## Tier 5 Sponsor Licence Holder Compliance Duties Prior to granting the Sponsor Licence, the Home Office may carry out checks to verify documents or may visit your business premises, where necessary. After you have been granted a Sponsor Licence, you may begin to issue [Certificates of Sponsorship](https://www.gov.uk/tier-5-temporary-worker-charity-worker-visa/eligibility) (CoS) to your prospective employees. With the CoS in hand, your employee may then apply for a corresponding work visa with the sponsorship you provided. Businesses also need to be aware that obtaining the Sponsor Licence imposes ongoing compliance duties in relation to record keeping. As such employers must keep records and ensure that they do not fall short immigration law requirements and must co-operate with the Home Office where necessary. Failure to keep up to date with sponsors’ duties may result in a penalty fine, a downgrade of your sponsor licence rating, or even a suspension or revocation of your sponsor licence. ## Successful Tier 5 Sponsor Licence Applications for UK Businesses and Employers A Sponsor Licence application can be complicated at times as the Home Office have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the Sponsor Licence process. We ensure that we assist you to achieve and maintain an A-rated Sponsor status and provide ongoing compliance checks to ensure you are aware of your duties as a registered Sponsor. [Our team of experienced and professionally qualified solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) will be able to guide you through your [UK Sponsorship Licence application](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now 02030110276 on for a telephone case assessment.   --- # EEA Retained Rights of Residence – Family Members Source: https://immigrationandvisasolicitors.co.uk/eea-retained-rights-of-residence-uk-immigration-europe-brexit/ *Non-EEA nationals can r[etain their right of residence](https://www.gov.uk/family-permit/retained-rights-of-residence) in the UK  in situations where their relationship with an [EEA national](https://www.gov.uk/eu-eea) has ended. This article discusses how you can retain a right of residence in the UK under regulation 10 of the [Immigration (European Economic Area)](http://www.legislation.gov.uk/uksi/2006/1003/regulation/10/made) Regulations 2006.  Regulation 10 specifically encourages free movement of people by protecting the rights of Non-EEA nationals.* ## How to obtain EEA Retained Rights of Residence in the UK Non-EEA nationals can make an application for an EEA Family Permit if they can demonstrate that they previously had a right to reside in the UK as the family member of EEA national. The EEA national must be a qualified person who is; - Self-sufficient or actively looking for work in the UK; - A  worker or student in the UK; or - Has a permanent right of residence in the UK. There are a few different scenarios where Non-EEA-nationals may have retained their right of residency in the UK where their relationship with an EEA national (qualified person) has broken down or come to end. [Regulation 1o of the  Immigration (European Economic Area) Regulations 2006](http://www.legislation.gov.uk/uksi/2006/1003/regulation/10/made) specifically protects the rights of Non-EEA family members where the EEA family member has passed away or where a marriage/civil partnership has terminated. Parents/carers of children who hold a Retained Right of Residence may also be eligible under regulation 10 of the EEA regulations 2006. ## Retained Rights of Residency After Divorce Where a marriage between an EEA and Non-EEA national has broken down and has led to divorce, the Non-EEA citizen may be eligible to remain in the UK, if it can be demonstrated that the couple had been married for at least 3 years. The Non-EEA citizen must also show that the couple lived together in the UK for at least 12 months and the EEA national was working at the time of the divorce. If this can be proven, the family member of the EEA national may be granted leave under the retain rights of residence. However, it may become difficult for the Non-EEA national to provide evidence of the EEA national's employment especially where the marriage has ended badly. Where the EEA national has severed all ties with the Non-EEA citizen, the onus will be on the Non-EEA citizen to demonstrate that he or she satisfies the requirements under the EEA regulations 2006. If the Non-EEA national is granted further leave to remain under the retained right of residence route, the applicant will be granted a Residence Permit. After 5 years of lawful residency, the Non-EEA national may be eligible to apply for a Permanent Resident card. ## The aftermath of Brexit- Retained Rights of Residence The EU referendum has resulted in uncertainty amongst EEA nationals and left many people unaware of what the future holds for them and their family members. It is important to note that there are no immediate changes being made to the current UK immigration rules. The UK is still in the EU and will only officially leave once the government invokes Article 50. There is no doubt that the UK government are planning on leaving the EU, and this subsequently has resulted in many EEA nationals securing their future in the UK by applying to settle as soon as their eligible. It seems the EU referendum has left Non-EEA family members who have not acquired the Retained Rights of Residence in a daunting situation as their future remains uncertain. ## Making a successful UK immigration application for an EEA Residence Permit Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for a Family Permit please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # UK Immigration Updates: Changes to Tier 2 Work Visas Autumn 2016 Source: https://immigrationandvisasolicitors.co.uk/autumn-2016-changes-to-tier-2-visas/ *Following the Migration Advisory Committee (MAC)’s review of the Tier 2 visa route [earlier this year](https://immigrationandvisasolicitors.co.uk/mac-review-of-uk-tier-2-visa/), the first set of changes to the Tier 2 route are due to come into force this Autumn. Majority of the key changes are to the Tier 2 ICT route as the [Government ](https://web.archive.org/web/20191223042717/https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2016-03-24/HCWS660/)aims to streamline the visa route into a single visa category. Changes to the Tier 2 general category are also due to come into force. Businesses and employers who employ skilled workers from outside of the European Economic Area will need to be aware of the changes and how it affects them. We outline below key changes due to come into force this autumn. * ## Changes to Tier 2 General Visa The main changes coming into force this autumn for the Tier 2 General category is the changes to the increase to the minimum salary threshold to £25,000 for experienced workers. The good news is that the minimum threshold of £20,800 for new entrants will remain the same. The good news for certain public sector workers such as nurses, paramedics, and teachers is that they will be exempt from these changes until July 2019. The second change coming into force is that employers hiring skilled nurses from outside the EEA will need to conduct a Resident Labour Market Test (RLMT) before recruiting a Non EEA nurse. Although nursing remains on the Shortage Occupation list, this is to ensure that the skilled worker meets the requirements to obtain the Tier 2 General visa and is line with the Government's aim to strike a balance between reducing reliance on non-EEA skilled workers while also supporting growth and productivity in the UK. ## Changes to Tier 2 (Intra Company Transfer) As mentioned above, majority of the changes coming in this autumn will affect the Tier 2 ICT category. In a move that furthers the aim to streamline the route into one visa category, the Tier 2 (ICT) Skills Transfer category will close. Other changes to the Tier 2 ICT route include the following; - Tier 2 ICT applicants will now have to pay the Immigration Health Surcharge (currently £200 per year); - There will be an increase in the Salary threshold for Tier 2 (ICT) Short Term route to £30,000; and - The minimum salary requirement for the Tier 2 (ICT) Graduate Trainee category will be reduced from £24,800 to £23,000 and each multinational company will now be able to transfer up to 20 graduates up from 5; and [Further changes](https://immigrationandvisasolicitors.co.uk/home-office-implements-positive-changes-tier-2/) to the Tier 2 visa routes are also going to be introduced over the coming months and the rest to be introduced by April 2017. ## UK Immigration Advice for Tier 2 Visa Applicants and Sponsors [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Tier 2 visa application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. Our expert immigration solicitors provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment. --- # UK Immigration Updates: New Online Application forms for UK Family Visas FLR(M) and FLR(FP) Source: https://immigrationandvisasolicitors.co.uk/new-online-forms-family-applications/ *This week the Home Office launched a new online FLR(M) and FLR(FP) service. The [online applications](https://visas-immigration.service.gov.uk/product/family-routes) are now available for everyone who wants to apply to remain in the UK as the family member or partner of a British citizen, person settled in the UK or a person with a refugee leave or humanitarian protection. The service will be also available for the applicants making a visa application to remain in the UK on the basis of their private family life. * The online application service seems to make filling an application form be an easier process. However at the end you will still need to print your application form and send it to the Home Office by post with all your original supporting documents. You will not be able to use the online application form if you are applying with a fee waiver. You will need to complete the paper form together with fee waiver application. ## Apply for a Visa to remain with family in the UK You will be [eligible](https://web.archive.org/web/20170317044108/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452915/Appendix_FM_Section_1_0a_5-year_Partner_and_Parent_Routes_August_2015.pdf) to remain in the UK as the family member or partner of a British citizen, person settled in the UK or person who has refugee leave or humanitarian protection in the UK. You will also be able to add some of your family members - dependents to your application. You need a 'family of a settled person visa' if you want to remain with your family and you are already in the UK. The application can be submitted by applicants from outside the European Economic Area [(EEA)](https://www.gov.uk/eu-eea) or Switzerland. You can either apply if you want to extend your existing visa or you wish to switch from a different category.  You will need to choose a route for your application and each of them will have different eligibility requirements. You will choose between [2-year , 5-year and a 10-year route](https://immigrationandvisasolicitors.co.uk/uk-case-study-successful-further-leave-to-remain-application/). You may need to [apply in a different way](https://www.gov.uk/remain-in-uk-family/exceptions) if you are outside the UK, your partner is from the EEA or Switzerland, your partner has a temporary visa as a worker, you are a victim of domestic violence or your partner has died. You will also need to use another form if you applied for a 'family of a settled person' visa before July 2012 or you want to reunite with a partner or parent who has asylum or humanitarian protection. ## UK Visa Applications for Family Members of British Citizens The  Home Office has introduced a stringent criteria which you will need to meet in order to make a successful visa application. There is an extensive amount of documentary evidence you will need to provide in order to support your application and prove that you meet all the requirements, e.g. the[ financial requirements](https://web.archive.org/web/20170317073217/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf) set by the government. Many applications are refused because applicants have not been able to fully substantiate this. If you wish to apply for a family member or [partner ](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/)visa we can help you with your application and queries. Our expert team of lawyers can assist you with the preparation of your visa application and ensure that you meet with all the requirements of the relevant Immigration Rules. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding unnecessary expense of re submitting your application to the Home Office. ## Immigration Advice for a 'family of a settled person' Visa [Our expert Solicitors](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) at LexLaw have a very high success rate in UK family based applications and treat each case individually, providing detailed assessments to our clients. Our detailed consultations are to ensure that you are eligible to make a 'family of a settled person' visa application. If you decide to instruct us we will provide you with a bespoke documents list tailored to your circumstances. Our city of London solicitors will guide you through the financial, language and relationship requirements in accordance with the UK Immigration Rules. Making the process as easy as possible and working hard to get a successful result. Our team of experienced and professionally qualified immigration solicitors and barristers will be able to go through the Home Office’s requirements with you. As well as, the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # New Upper Tribunal Case: Refused Residence Card- No Right of Appeal for Extended Family Members Source: https://immigrationandvisasolicitors.co.uk/upper-tribunal-refused-residence-card-right-of-appeal-for-eea-extended-family-members/ *The [Upper tribunal (Immigration and Asylum)](https://www.gov.uk/courts-tribunals/upper-tribunal-immigration-and-asylum-chamber) recently considered the case of [Sala (EFMs: Right of Appeal ) [2016] UKUT 411 (IAC)](http://www.bailii.org/uk/cases/UKUT/IAC/2016/411.html). The case highlights the issue of whether there is a statutory right of appeal against the Secretary of State's decision not to grant a Residence Card to the Extended Family Member of an EEA national. * ## No Right of Appeal granted for EEA Extended Family Member The case of *[Sala (EFMs: Right of Appeal ) ](http://www.bailii.org/uk/cases/UKUT/IAC/2016/411.html)*involved an EEA citizen who had entered the UK illegally and shortly after applied for a Residence Card as an extended family member of an EEA national. The Appellant claimed to have a durable relationship with the EEA national and was regarded as an Extended Family Member under [Regulation 8 (5)](http://www.legislation.gov.uk/uksi/2006/1003/regulation/8/made) of the EEA Regulations 2006. The Appellant's application for a Residence card was refused as the Home Secretary was not satisfied there was any evidence of a durable relationship. Therefore, chose not to exercise her discretion in granting the Residence Card due to the appellant's illegal entry into the UK. The Appellant was informed that he had the right of appeal under [s82 of the Nationality, Immigration and Asylum Act 2002](http://www.legislation.gov.uk/ukpga/2002/41/section/82). ## Decision of the First Tier Tribunal dismissing Appeal The Appellant's appeal to the First Tier Tribunal was dismissed by Judge Knowles, although it was accepted that the Appellant was in a durable relationship with an EEA national and was an [extended family member](https://immigrationandvisasolicitors.co.uk/uk-immigration-appealing-eea-residence-card-refusals/) under Regulation 8 (5) of the EEA Regulations 2006. Judge Knowles stated that the Home Secretary should have exercised her discretion in accordance with [Regulation 17](http://www.legislation.gov.uk/uksi/2006/1003/regulation/17/made) of the EEA Regulations 2006.  However after considering the appellant's circumstances the appeal was rejected. ## Upper Tribunal: No Appeal Rights for EEA Extended Family Members The Appellant appealed to the Upper Tribunal, claiming that the discretion available under regulation 17 (4) should have been used in his favour to grant him the Residence Card. The Appellant's appeal was granted permission on the basis that the Secretary of Sate did not exercise her discretion fairly and it was exercised in accordance within the meaning of the regulation. Although the appeal was granted, the Upper Tribunal adjourned the hearing for a year and during this period, there was a new argument raised that there was no right to appeal the decision, to begin with for Extended Family Members. The Upper Tribunal held that Extended Family Members had no entitlement to a Residence Card but only had a right to be considered if they met the requirements. Essentially it is up to the Secretary of State to exercise her discretion to grant a Residence Card. The Upper Tribunal also stated that there was an error of law in the Secretary of State's allowing the appellant the right of appeal to the First Tier Tribunal. The decision in [Sala](http://www.bailii.org/uk/cases/UKUT/IAC/2016/411.html) suggests that the only remedy available for appellants who wish to challenge a decision is on the application of law by Judicial Review. Therefore it is critical that a properly executed application is submitted in accordance with the UK immigration rules and the Home Office's guidance. ## Successful Applications & Appeals for EEA Residence Cards Choosing the right law firm from the beginning can ensure the correct applications are made from the outset this will not only allow for an easy mind in preparing for an application, but will also mean that in the long run EEA nationals will save time and money with a specialist law firm who follow the strict letter of the law and the Solicitors Regulations Guidelines. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified immigration solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our bespoke client approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment. --- # Home Office Subject Access Request: Fast Track Pilot Scheme Source: https://immigrationandvisasolicitors.co.uk/subject-access-request-fast-track-pilot-scheme/ *The Home Office have introduced a [Fast Tack Pilot Scheme](https://www.gov.uk/government/publications/requests-for-personal-data-uk-visas-and-immigration/saru-fast-track-pilot-for-govuk) to work hand in hand with the traditional Subject Access Request. If you have entered the UK it is likely the Home Office will hold your immigration records on their database.  Obtaining these records could be essential before submitting an another application to enter or remain in the UK, especially in circumstances where you have lost your previous passport and you are not aware of your immigration history.  You can obtain your immigration records from the Home Office using the [Subject Access Request](https://www.gov.uk/government/publications/requests-for-personal-data-uk-visas-and-immigration) Service (SAR). * ## Why make a Subject Access Request The essential purpose and use of a Subject Access Request is that it provides you with the opportunity to view all your immigration records that are held by the Home Office. These can be particularly useful in circumstances where you have misplaced information about your immigration history or cannot recollect specific dates and events about your immigration status in the UK, which you need in order to prepare your next immigration visa application. Depending on the amount of time and type of information required, you will then need to decide whether you should make a Fast Track Subject Access Request or the traditional Subject Access Request. ## Subject Access Request - New Fast Track Pilot Scheme The Home Office have introduced a new Fast Track Pilot Scheme handled by the Appeal, Litigation and Subject Access Request Directorate (ALS Directorate), which has been set up as a substitute to the traditional Subject Access Request, for people who require information about their immigration records quicker. Whilst the Fast Track Pilot Scheme is currently being evaluated, applications are still being accepted. Some practitioners form the opinion that the fast track scheme was created to control and assist with the large backlog of Subject Access Requests.  The benefit of submitting a fast track application is the processing times are slashed by half and you receive a response within 20 days from the date of  the Home Office's acknowledgment. Under this Scheme you can expect to receive your: IT records, entry clearance records and landing card records. In our expert opinion, the new Scheme is useful for people that need basic information about their immigration records for the purpose of making their immigration visa applications. However, it is not appropriate for people who required detailed information about their immigration records whereby the traditional Subject Access Request would be more appropriate. ## Traditional Subject Access Request If you submit a Subject Access Request using the traditional route, you should receive a response within 40 days from the date of the Home Office’s acknowledgment of your request. However, this timescale is very rarely maintained due to a large number of requests to the Home Office and responses far exceed the 40 days guideline.  In a bid to control the number of Subject Access Requests submitted, the Home Office have introduced key changes to the process by which a Subject Access Request is submitted. As of 11 July 2016, the Home Office requires all requests to be accompanied alongside an original copy of your certified identification and should be dated no more than 6 months before the submission of your request. The Home Office has made the entire process cumbersome by imposing stringent requirements and declining applications if any of them are not met causing further unnecessary delays. What kind of records can you expect if you submit a Subject Access Request? - Previous UK Applications submitted; - UK Entry and Departure dates; - UK Visas granted and declined; - UK Detention records; and - Work Permits. It is important to note there is no guarantee you will receive full copies of your immigration records. Therefore you should not rely on the Subject Access Records to determine your full immigration history in the UK. ## Advice from UK Immigration Solicitors on submitting a successful Subject Access Request [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Subject Access Request by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about submitting a Subject Access Request please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # Permitted Paid Engagement (PPE) Visitor Visa for Working Professionals Source: https://immigrationandvisasolicitors.co.uk/permitted-paid-engagement-visa/ *Non-EEA nationals who wish to come to the UK to undertake a thirty days paid engagement involving a permitted activity can apply for the [Permitted Paid Engagement Visa.](https://www.gov.uk/permitted-paid-engagement-visa/overview) Under this short term visa you would be allowed to take part in a paid engagement, such as: giving lectures, examining students or carrying out an activity relating to your profession (for example: providing advocacy, taking part in entertainment or sporting activities or fashion modelling assignments).* ## Qualifying criteria for Permitted Paid Engagement Visa We assist non-EEA nationals in coming to the UK as an expert in their profession from outside the UK. Amongst the [requirements](https://www.gov.uk/permitted-paid-engagement-visa/eligibility), which you will need to meet, you will firstly need to be invited by a UK based organisation or client. Secondly you are coming to the UK to undertake some specific work without having to be sponsored under the points-based system. Finally, you will need to be over 18, have sufficient funds to support and house yourself and pay for your journey. The length of your stay can't extend one month and you will have to leave at the end of your visit. ## What activities are permitted on Permitted Paid Engagement Visa Once you have your Permitted Paid Engagement visa: - you can be a student examiner or assessor - you can take part in selection panels as a highly qualified academic if you are invited by an education, arts or research organisation - you can give lectures at a higher education institution, as long as it is not a part-time or full-time role - you can examine UK-based pilots so they meet the standards of the country you come from if you are invited by an approved UK training organisation regulated by the UK Civil Aviation Authority - you can provide advocacy in particular area of law - you can take part in arts, entertainment or sporting activities including broadcasting - you can take part in fashion modelling assignments You will also be able to do minor activities related to your work or business overseas e.g. attend meetings. ## What activities are not permitted on Permitted Paid Engagement Visa The following activities will not be permitted: - you can’t do specified paid work unrelated to your main job or area of expertise at home or sell merchandise, other than what is allowed by your visa - you can’t extend this visa or switch to another visa - you can’t live in the UK for extended periods - you can’t get public funds - you can’t study for more than 30 days – studying cannot be the main reason for your visit - you can’t marry or register a partnership, or give notice of marriage or civil partnership - you can’t bring family members (‘dependants’) with you on your application ## Requirements for Permitted Paid Engagement Visa Amongst the required [documents](https://www.gov.uk/government/publications/visitor-visa-guide-to-supporting-documents) you will need to provide your current passport, proof of being able to support yourself financially, details of your stay and a formal invitation. You will also need to prove that the paid engagement relates to your expertise and qualifications. If you are applying as an arts, entertainment or sporting professional, you should provide your publications, proofs of awards and media reviews of your performances. ## Legal Advice from UK Immigration Solicitors on Permitted Paid Engagement Visa The evidence required to support a Permitted Paid Engagement application is bespoke to each case and you may wish to take legal advice when making your application. Our expert team of lawyers have extensive knowledge of making applications for Permitted Paid Engagement visa. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding the unnecessary expense of re-submitting your application to the Home Office. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for a UK Permitted Paid Engagement Visa please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # UK Home Office Updates Tier 2 and Tier 5 Sponsors: New SMS Priority Service Source: https://immigrationandvisasolicitors.co.uk/uk-home-office-updates-tier-2-and-tier-5-sponsors-new-sms-priority-service/ *The Home Office has announced the launching of a new premium service option for Sponsors making requests via the [Sponsor Management System (SMS)](https://www.points.homeoffice.gov.uk/gui-sms-jsf/home/SMS-003-Home.faces) with the legislation coming into force in October 2016. The new optional premium service will enable Sponsors to have their SMS requests dealt with on a priority basis however the date when the service will be introduced is yet to be announced by the Home Office.* ** ## Sponsor Management System for Tier 2 and 5 Sponsors You can only use the Sponsor Management System [(SMS)](https://www.gov.uk/government/collections/sponsorship-information-for-employers-and-educators#user-manuals-sponsorship-management-system-sms) if you already have a [sponsor licence](https://www.gov.uk/uk-visa-sponsorship-employers/types-of-licence) as a UK employer of a non-EEA national under the tier 2 or tier 5 category. The SMS can be used to : - manage or renew an organisation’s Sponsor licence; - create and assign [certificates of sponsorship](https://www.gov.uk/browse/visas-immigration/sponsoring-workers-students) to a prospective employee; and - report a change of circumstance such as a withdrawal of sponsorship of a sponsored employee. ## Improvements to UK Visa Immigration Services for Businesses, Employers and Sponsors UK Visas and Immigration have plans to improve their immigration services for businesses and Sponsors using [the Sponsor Management System](https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&cad=rja&uact=8&ved=0ahUKEwj2y_6WtLTPAhWBKcAKHSx6AVcQFgg3MAQ&url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F420108%2FSMS_guide_1_-__Introduction_to_SMS.pdf&usg=AFQjCNEHKXenrx_2cBZYXlk93Q-OJPa_7w&sig2=epMrX3FWln11fmXXUyaVtQ&bvm=bv.134052249,bs.1,d.d2s). The introduction of an optional premium service for Sponsors will allow Sponsors to pay a fee of £200 for expedited processing of certain types of requests including Certificate of Sponsorship allocation and Level 1 user appointment. The introduction of the premium service option comes as a result of repeated complaints about delays in the processing of requests made using the SMS, particularly when Sponsors need to request additional Certificates of Sponsorship (CoS) from the Home Office. In some instances, the Home Office have estimate as long as 18 weeks for the processing of such requests such long wait times can be quite inconvenient for employers and Sponsors who need to hire skilled workers from outside the European Economic Area (EEA) to meet immediate business needs. ## Successful Sponsor Licence Applications for UK Businesses and Employers [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making successful visa application[ ](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/)step by step and limit the possibility of failure by complying with the strict letter of the law. Please [contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment of your case. If you are a UK business or an employer and wish to obtain a Sponsor Licence, contact us to discuss this further. Business owners sponsoring migrants from outside the EEA must ensure that they are legally registered to sponsor migrants and must have a valid Tier 2 Sponsorship Licence. Our expert immigration solicitors provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment. --- # Adult Dependent Relative Visa – join family living in the UK Source: https://immigrationandvisasolicitors.co.uk/adult-dependent-relative-visa/ *Adult dependent relatives can apply for UK Adult Dependent Relative Visa to join their families living in the UK. In order to apply for [Adult Dependent Relative Visa ](https://www.gov.uk/join-family-in-uk/eligibility)you would need to be dependent on a parent, grandchild, brother, sister, son or daughter who is living permanently in the UK. **In addition to this you will need to meet the strict criteria set by the government.* ## Requirements for Adult Dependent Relative Visa You will need to meet strict requirements in order to make a successful visa application. Amongst the criteria, you would need to meet: - You must prove that you need long-term care on daily basis to do personal and household tasks - You must show that the reason for your need of help is a result of your illness, disability or age - You will need to prove that you are not able to receive necessary help in your country, as it is not available or you can't afford it - You will also need to show that your family member in the UK will be able to support you, provide you with accommodation and financial help without recourse to the public finds for at least 5 years - You must be 18 or over ## Evidence for Adult Dependent Relative Visa Application You will need to provide an extensive amount of evidence to support your application. There is a significant amount of [applications being refused](https://immigrationandvisasolicitors.co.uk/upper-tribunal-allows-adult-dependent-relative-visa-appeal/) on the grounds of not providing sufficient documents to evidence the applicants' dependency on their family members. This can be addressed by following the guidance set out below: - You will need to provide evidence of the relationship between the applicant and the sponsor (e.g. birth or adoption certificates) - You must show that the applicant requires everyday, long-term personal care as a result of their age, illness or disability (medical evidence from a doctor or health professional that the applicant's physical or mental condition makes them unable to perform everyday tasks) - You will need to provide evidence that the applicant is unable, even with the financial and practical help of the sponsor, to obtain required level of care in their home country (applicants should provide evidence that the required care is not available in the country where the applicant is living - this should be from a central or local health authority, a local authority, or a doctor or other health professional and that the care is not affordable for the applicant) - You must provide the evidence of adequate maintenance, accommodation and care in the UK (the applicant must provide a signed undertaking from the sponsor and evidence that the sponsor can provide the maintenance, accommodation and care, e.g. bank statements, pay slips, utility bills, mortgage documents or tenancy agreement, planned care arrangements for the applicant) ## Legal Advice from UK Immigration Solicitors on Adult Dependent Relative Visa Application The evidence required to support an Adult Dependent Relative [visa application ](https://immigrationandvisasolicitors.co.uk/adult-dependant-relative-immigration-rules/)is bespoke to each case and therefore you may wish to take legal advice before submitting your application. We also handle immigration appeals for those who have had their visa applications refused. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding the unnecessary expense of re-submitting your application to the Home Office. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for a UK Adult Dependent Relative Visa please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # UK Immigration: Brexit Implications for Tier 1 Investors Source: https://immigrationandvisasolicitors.co.uk/brexit-implications-tier-1-investors-eu-referendum/ *Following the UK's decision to leave the EU, current and future UK investors rare concerned about the impact of Brexit on the future of the UK tier 1 Investor visa. This UK Points Based System visa is for high net worth** migrants who wish to make a substantial financial investment in the UK.  This route is attractive due to the fact that applicants do not need to show evidence of maintenance nor demonstrate that they meet the English language requirements and allows migrants who make a substantial investment in the UK and their family members to obtain quicker settlement in the UK.* ## Tier 1 Investor Category - post November 2014 The immigration rules in respect of Tier 1 Investor visas, were significantly changed in November 2014. The previous rules stated: investor visa applications approved before 6 November 2014: you will need to show that you: - have at least £1,000,000 under your control in the UK; - have invested at least £750,000 (or 75%) of that in UK government bonds, share capital or loan capital in active UK companies; - invested this sum within 3 months of your ‘investor start date’. Since November 2014, Tier 1 investor visas applicant need to demonstrate that they; - have at least £2,000,000 under your control in the UK; - have invested those funds in UK government bonds, share capital or loan capital in active UK companies; - invested this sum within 3 months of your ‘investor start date’. Investors may be able to include any dependants who are on their visas in an application to extend – including children who have turned 18 during their stay in the UK. Given the fact that published Home Office [figures ](https://www.gov.uk/government/publications/immigration-statistics-april-to-june-2016/summary)for the year period ending June 2016 compared to the same period in 2015 revealed that the number of people applying for a UK Tier 1 investor visa have significantly decreased by about 78%. This is largely due to fewer grants following the changes introduced to the category in November 2014. Our solicitors and various other practitioners form the view that since the UK's decision to leave the EU and the possibility that the UK Government may begin Article 50 proceedings [before March 2017](https://immigrationandvisasolicitors.co.uk/immigration-uk-eu-eea-nationals/), may serve as a further disincentive for future Tier 1 Investors to invest in the UK. ## Impact of Brexit on Future Tier 1 Investor Visa Applications Given the market volatility , [Tier 1 investors](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) need to be cautious about the value of their investments as failure to take appropriate steps could result in the refusal of any future applications for extension or settlement for their dependants. For Investors looking to settle in the UK, the Tier 1 Investor visa still offers one of the most attractive routes to settlement in the UK as under the current scheme, the more investment the applicant makes into the UK economy, the sooner the applicant is able to obtain citizenship, ranging from two years at the earliest and five years at the latest. Initially following the results of the EU referendum,  the UK's economic future was uncertain and the effect of that meant that Tier 1 investors were unable to make a decision to enter the UK or existing investors to remove their investment from the UK.  However as we emerge from this initial aftermath, opinion among credible sources are beginning to shift towards a positive outlook for the UK economy.  Therefore as future UK investment prospects and confidence in the market are building up again, it would be amiss not to call on investors to come to the UK or remain in the UK as it undergoes this transition period. The benefits for investing in the UK are likely to change because in the past the UK's membership in Europe played a major part in the attraction. However many practitioners have formed the opinion that so long as the UK introduces other valuable and attractive benefits for investors, the UK will continue to remain an appealing place to invest in and ultimately settle for high net worth individuals. ## Successful Tier 1 (Investor) Visa Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers welcome Tier 1 investors and are pleased to see the extensive due diligence undertaken by the Home Office to enable Tier 1 visa investors to come to the UK.  Tier 1 investor applications and  the investment opportunities they provide for the UK are in complete harmony with the spirit of the Tier 1 category which is to boost the UK economy. We are regularly instructed by Tier 1 (investors) and entrepreneurs and undertake [a detailed review for ](https://immigrationandvisasolicitors.co.uk/) Applicants and will be able to guide you through the process of making a [Tier 1 (investor)](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) visa application step by step and limit the possibility of failure by complying with the strict letter of the law. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a Tier 1 (investor) visa refused, contact us to discuss your case so that we can provide you with a case assessment. --- # UK Immigration Implications of Article 50 for EU nationals Source: https://immigrationandvisasolicitors.co.uk/immigration-uk-eu-eea-nationals/ Yesterday, the Prime Minister Theresa May [pledged](https://www.theguardian.com/politics/video/2016/oct/03/theresa-may-pledges-to-trigger-article-50-by-end-of-march-video-highlights) to trigger article 50 before the end of March 2017, which will begin the formal process of the UK's exit from the EU. The triggering of article 50 is bound to affect the rights of the 3 million EU and EEA nationals and their family members currently residing and working in the UK. ## Brexit: What is Article 50 In legal terms, [Article 50 of the Treaty on the European Union](http://www.telegraph.co.uk/news/2016/06/24/britain-votes-to-leave-the-eu-what-happens-now-that-brexit-is-a/) establishes the procedures for a member state to withdraw from the EU. Under this Article, the UK must notify the EU of its withdrawal and the EU will then be obliged to try to negotiate a withdrawal agreement with the UK. The results of the vote in itself do not provide the EU with notification - this must be done formally and in accordance to procedures put in place by the Treaty on the European Union. Over the next few weeks, British and European leaders will begin negotiating the terms of Britain's departure and it goes without saying that Britain's exit from the European Union will affect the British economy and immigration policy. It is unlikely we will know the true consequences for at least a few years but it is likely that whilst terms of withdrawal are being negotiated, there would be no immediate changes to the immigration rules. This is because of the significant impact it would have on UK employers and employees. ## Impact of Brexit for EU Nationals Once Britain invokes Article 50, it will have 2 years in which to negotiate a new treaty to replace the terms of EU membership. This means that there will be no immediate consequences for EU nationals in the UK and free movement of people will continue. EEA nationals who have been residing in the UK for at least 5 years and have been exercising their Treaty Rights (by working, being self-employed or studying) may wish to consider their options for applying for a Permanent Residence Card. This would be equivalent to ["Indefinite Leave to Remain"](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) under the UK Immigration Rules and may allow them to [naturalise as a British citizen](https://web.archive.org/web/20170116035415/https://immigrationandvisasolicitors.co.uk/naturalisation/) after a year. In terms of the near future, it is possible that Britain will negotiate an agreement which would continue to allow free movement between the UK and the EU (and it would certainly be in its interests too) but if this fails, it is likely EU nationals would face the same migration criteria which applies to non EU nationals wishing to live and work in the UK. The current immigration rules are restrictive and due to government policy over the years, change regularly. ## UK Points Based System (Businesses & Workers) [Under the current UK Immigration Rules, those non EU nationals wishing to work in the UK, must be sponsored by a UK employer](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/). The current points based system was introduced between 2008 and 2010 and has attracted much controversy over the years due to the harsh restrictions imposed on businesses and migrants. For example, businesses wishing to sponsor migrants must first apply for permission to so, by way of applying for a Sponsor Licence. These applications tend to be complicated and if granted a Sponsor Licence, businesses are required to "police" their workers or face hefty fines. Further, employers are expected to pay these workers a minimum salary of £20,800 (due to increase to £30,000 in 2017) but this may be more depending on the job role the employee is required to undertake. Initial reports indicate that it is likely the majority of EU workers in the UK will not be eligible to apply for a [Tier 2 visa (working visa)](https://web.archive.org/web/20170116004656/http://immigrationandvisasolicitors.co.uk/tier-2-visa-skilled-workers-work-visa/) as they do not work in "highly skilled" roles and are not paid the minimum salary as set out above. There is also a cap on skilled work visas so even if the EU national worked in a highly skilled role, there is a possibility they may not be eligible for a visa. ## UK Immigration Advice for EU Nationals and Family Members There are currently 3 million EU migrants in the UK and the vast majority of them hold EEA Permanent Residence Cards. It is likely now, that EU migrants who are eligible, will be able to apply for naturalisation and become British citizens. Those who do not have a Permanent Residence Card will be making applications to do so and it will be interesting to see how the Home Office cope with the pressure of processing these applications within the 6 month statutory requirement period. If you wish to consider your options following Brexit or are concerned about your current position in the UK, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. If you need professional legal advice please contact us for a case assessment on ☎02030110276. You can also reach us via our WebChat facility or via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). Please note that we are not able to provide any free legal advice. --- # UK Tier 2 Work Visa Updates: Employers must conduct Resident Labour Market Test Source: https://immigrationandvisasolicitors.co.uk/uk-tier-2-work-visa-resident-labour-market-test-nurses/ *We recently reported on the UK Government’s [changes to the Tier 2 work visa route ](https://immigrationandvisasolicitors.co.uk/home-office-implements-positive-changes-tier-2/)following the recommendations by the Migratory [Advisory Committee ](https://www.gov.uk/government/publications/migration-advisory-committee-mac-report-labour-market-for-nurses-in-the-uk)**(MAC).  Some part of the Government's implementation of the recommendations is good news as Nursing will continue to remain on the Shortage Occupation List (SOL). Foreign trained nurses from outside of the European Economic Area (EEA) can** thereby come to the UK to work, however the catch is that employers must conduct the labour market test to ensure that the Applicant is eligible for the Tier 2 visa. We have outlined some of the implications for applicants, employers and sponsors for you below;* ## Non-EEA Nurses placed on Tier 2 Shortage Occupation List The [Shortage occupation list](https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjcqMf_i6_PAhWMLsAKHTKIAKwQFggcMAA&url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F423800%2Fshortage_occupation_list_april_2015.pdf&usg=AFQjCNE587sCVGJxWjQRsq_wJc51J4obHg&sig2=3O_xVrE-VEA7ydjTQph4dw&bvm=bv.133700528,d.d24) (SOL) defines which jobs have a shortage of skilled professionals within a certain profession in the UK. As a result employers looking to hire skilled workers which fall within SOL can bypass certain requirements or thresholds. Nurses were initially added to the Tier 2 Shortage Occupation List on an interim basis in October 2015, to ensure that there was sufficient nursing staff across the NHS.  Evidence from the UK Health Sector has suggested that it will be another three years before there are enough UK trained nurses to meet the current demand. [MAC](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/535657/The_labour_market_for_nurses_in_the_UK.pdf) has advised the UK Government that the occupation of nurses should remain on the Shortage Occupation List in the meantime.  This great news for the health sector and allows staffing pressures to continue to be relieved by the recruitment of skilled non EEA workers. ## Good News for Tier 2 Sponsors and Employers in the Nursing Industry The best news for Applicants and Employers is that MAC has advised as a whole that the nursing profession is to be treated as a shortage profession, rather than keeping only certain areas, for example adult nurses on the SOL. However Applicants and Sponsors (the Health organisations) should be aware that the [MAC report ](https://www.gov.uk/government/publications/migration-advisory-committee-mac-report-labour-market-for-nurses-in-the-uk)raised concerns that allowing nursing to remain on the shortage occupation list could open a stream of visa applications from foreign nurses. With a view to addressing this issue, MAC have suggested that the Government consider inserting a cap on the number of nurses that can be assigned a Certificate of Sponsorship (CoS) with a suggested limit of 3,000 to 5,000 places in the first year. Mac is likely to review the limit in the future. Employers should therefore be cautious of the fact that the government could follow the MAC recommendations by restricting or capping the number of nurses who can be allocated a CoS. Furthermore the government in its statement has stated that nurses will remain on the Shortage Occupation List, but sponsors will need to carry out a Resident Labour Market Test before recruiting non-EEA nurses. Sponsors and Employers can gather from the MAC report that MAC’s preferred long term solution is to recruit staff from within the UK. In the meantime employers and Healthcare recruiters can celebrate the good news whilst we await the Government's decision on whether it implements any restrictions. In any case Applicant, Employers and Sponsors should seek legal advice before making the Application for a sponsor licence or for the Tier 2 visa to ensure their application is prepared correctly and to prevent an unsuccessful application. ## UK Immigration Advice for Tier 2 Work Visa Applicants and Sponsors [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Tier 2 visa application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. Our expert immigration solicitors provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. If you have instructed legal representatives and you are unhappy with their conduct you can contact us to discuss your case so that we can provide you with a case assessment. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 02030110276 for a telephone assessment. --- # UK Landlords: Immigration Right to Rent Checks Source: https://immigrationandvisasolicitors.co.uk/right-to-rent-scheme-uk-landlords/ *The Government introduced the right to rent scheme under the [Immigration Act 2014](http://www.legislation.gov.uk/ukpga/2014/22/part/3/chapter/1/enacted) and officially became binding on all UK landlords/ agents  from 1 February 2016. Under the right to rent scheme, landlords are now required to carry out compulsory checks on the immigration status of potential tenants. The aim of the right to rent checks is to act as a deterrent, so people without a right to reside in the UK are not accommodated and are forced to regularise their status. Since the right to rent scheme has been implemented, landlords who fail to carry out the compulsory checks may face civil penalties up to £3000 per illegal tenant.  * ## Landlords could face imprisonment from failing to comply with UK Immigration Law TODAY, the Secretary of State announced that from December this year landlords who accommodate tenants without the correct immigration status will be committing a criminal offence. The Home Secretary Amber Rudd stated at a conference in Birmingham earlier today; > "that from December, landlords that knowingly rent out property to people who have no right to be here will be committing a criminal offence - they could go to prison." The recent comments from the Home Secretary demonstrate the government's intention to crack down on the number of illegal immigrants currently residing in the UK. ## Right to Rent Checks for UK Landlords Landlords must ensure they carry out all the [necessary checks required](https://immigrationandvisasolicitors.co.uk/home-office-announces-right-rent-check-uk-landlords/) under the right to rent scheme to ensure they do not fall short of their duty under the Immigration Act 2014. The purpose of the checks is to establish whether potential tenants have the right to be in the UK. There is no specific method of carry out right to rent checks but government guidance suggests that landlords or agents renting a property should ensure they do the following: - Establish how many adults intend on residing at the property; - Request for original documents from the tenants, which prove they have a right to live in the UK. Landlords should be conscience of counterfeit documents, especially where a landlord is acting independently without the correct legal guidance on the validity of travel documents. It is essential the correct due diligence is carried out to avoid facing liability especially where documents may not be English; - Landlords/agents should make copies of all documents, as it is likely these will be required at a later date of the tenancy; and - Landlords should ensure all documents are up-to-date and valid, where there are discrepancies within the documents such as different names being used on different documents, landlords/agents should be extra cautious. Supporting documents may be requested to help clarify any discrepancies. These checks must be carried out in accordance with the requirements set down in the Immigration Act 2014. It is fundamentally important to ensure that these checks are carried out properly and efficiently to avoid imprisonment or heavy penalties being imposed on you. ## Classification of Tenants under the UK Immigration Law An important question often arises as to who is considered as a tenant? - A tenant is someone who spends most of their time at the property with their belongings; - They have registered that address as their residential address with their bank and doctors; and - The right to rent scheme only applies to adults, therefore, children are exempt from the checks. However, this does not mean landlords should not confirm the immigration status of any children residing in the property. Landlords must maintain up-to-date records of all occupants of the property including obtaining copies of the children’s IDs and birth certificate(s) because there is a possibility that tenant’s children may turn 18 during the course of the tenancy. Where tenants cannot provide the necessary documents which establish their right to reside in the UK, landlords/ agents should send them away and contact the Home Office. Landlords must follow the [landlord’s code of practice ](https://www.gov.uk/government/publications/right-to-rent-landlords-code-of-practice)on illegal immigrants and private rented accommodation. In instances where a tenant claims that their documents are with the Home Office, landlords can contact the Home Office directly by using the [landlord’s checking service](https://eforms.homeoffice.gov.uk/outreach/lcs-application.ofml). This service may be used when the tenant has an outstanding case or appeal with the Home Office. Landlords who purchase properties with sitting tenants must also check the immigration status of the tenants or should confirm with the previous landlord whether the correct checks have been carried out. The landlord should request for the documents and copy them for reference. However, it is best recommended that new landlords carry out their own checks. ## Expert Immigration Advice on Right to Rent Checks & UKVI Penalty Appeals / Challenges Landlords may not be liable to face civil penalties where they have conducted the initial right to rent checks before issuing the tenancy agreement. Landlords will  be required to conduct follow-up checks and inform the Home Office if the follow-up checks demonstrate that their tenant may no longer have the right to rent. A failure to comply with the right to rent checks may result in the landlord facing civil penalties and/or imprisonment. Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice on how to conduct right to rent checks or appealing penalties please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**.** --- # Home Secretary Amber Rudd announces plans to Restrict Tier 2 Work Visas and Tier 4 Student Visas Source: https://immigrationandvisasolicitors.co.uk/home-secretary-announced-new-restrictions-immigration-law/ *This week, Home Secretary, Amber Rudd, announced new plans to **cut immigration into the UK by imposing major restrictions on Tier 4 foreign students visas and [Tier 2 Work visas.](https://immigrationandvisasolicitors.co.uk/uk-tier-2-work-visa-resident-labour-market-test-nurses/) Businesses and Employers and Trade Sectors have announced their outrage at the plans as it is bound to affect UK economy and in particular the[ Tech Sector](https://t.co/7crDhjrKoz) have stated that plans to cut down the employment of foreign skilled workers will have a huge impact on the growth of the UK tech sector. * ## Restrictions on Tier 2 Work visas The Home Secretary warned businesses that foreign workers should not be able to "take jobs that British people could do". Under Rudd's proposals, companies would be required to disclose the percentage of their non-British workers. The idea is that the Home Office would shortly consult on restricting the Resident Labour Market Test. The [Resident Labour Market Test](https://immigrationandvisasolicitors.co.uk/uk-tier-2-work-visa-resident-labour-market-test-nurses/)  must normally be completed by UK companies planning to recruit a skilled worker from outside the European Economic Area, unless the job to be filled is on the UK Shortage Occupation List. The purpose of the test is to ensure that settled workers are given an equal chance to apply for jobs as non-EEA migrants. If no British citizen or EEA national can be identified as a suitable candidate then the selection of the non-EEA national over a settled person must be justified by the sponsor. The Resident Labour Market Test requires employers to prove to UK Visas and Immigration that no native or resident UK worker is available for the role. The Home Secretary stated: > "The test should ensure people coming here are filling gaps in the labour market, not taking jobs British people could do." Amber Rudd also announced that mandatory immigration status checks under this year's legislation, including on those who apply for taxi drivers' licences, would come into effect this December. ## Restrictions on Tier 4 Student visas The Home Secretary's idea is to concentrate on linking Tier 4 immigration rules to the quality of colleges and courses. She said she wanted to toughen the immigration rules for studying at low quality colleges. Amber Rudd said: > "We will also look at the first time at whether our student immigration rules should be tailored to the quality of the course and the quality of the educational institution. I’m proud that we have world-leading centres of academic excellence. It’s a testament to our country’s proud history and our top universities’ ability to evolve. But the current system allows all students, irrespective of their talents and the university’s quality, favourable employment prospects when they stop studying." We have reported over the last year the number of universities across the UK complaining about the restrictive immigration policies stifling the economy and talent into the UK. The Tier 4 Student route allows international students to come to the UK to study and experience life and culture in the UK.  The UK is seen as a popular destination for international students and is well respected for world class standards of teaching - some of the top universities in the world are in the UK. ## Advice from UK Immigration Solicitors on Tier 2 and Tier 4 applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Tier 2 or Tier 4 visa application by providing you with advice from our leading team of barristers before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for a Tier 2 or Tier 4 Visa please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # Visa Application for Chinese Tour Groups Visiting the UK Source: https://immigrationandvisasolicitors.co.uk/visa-application-chinese-tour-group-visiting-uk/ *In recent years, there has been a growing interest for Chinese nationals to travel to foreign countries as tourists and [Chinese tourists](https://www.gov.uk/ads-visa) have been contributing to the United Kingdom tourism industry significantly. In 2005, the UK signed the Approved Destination Status (ADS) agreement with China Licensed Chinese tour operator may organise tour groups and apply for an ADS group visa to visit the UK through the Approved Destination Status (ADS) agreement. The ADS agreement is a bilateral agreement between the UK and China allowing Chinese nationals to enter the UK, as a tourist group, with an approved tour operator. * ## Approved Destination Status (ADS) Tour Operators ADS tour operators are a limited number of companies that are approved and accredited by the [Chinese](http://www.chinese-embassy.org.uk/eng/visa/) and British government to organise tour groups that take Chinese nationals to international destinations. The aims and objectives for implementing an ADS scheme are to reduce and monitor illegal immigration activities via [tourism ](http://www.cnto.org/)channels. ## Eligibility for Tourist Visa under the ADS Scheme for Chinese Tour Groups An ADS group visa can be issued to tourist groups organised by a Chinese travel agency. If your group satisfies the following criteria, you may be able to apply for an ADS visa: - Your tourist group consists of at least 5 members; - You have clearly identified a tour leader; - You are a national of the People's Republic of China; - You are an ADS licensed tour operator; - Your group is genuinely seeking Entry Clearance as a visitor; - You do not intend to stay in the UK for more than 30 days and you intend to leave the UK after the visit; - Your group has sufficient funds to cover all reasonable costs for the travel; and - Your group have a detailed itinerary for your travels. All tourists or visitors must comply with [Immigration Rules](https://www.gov.uk/topic/immigration-operational-guidance/immigration-rules). Visitors must not engage in prohibited activities, for instance, to work, study or getting married. ## Documents Required and Visa Application Procedure You will be required to provide a [range of documentation](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/443750/UKVI_Leaflet_Visa_ADS.pdf) to show that the tour group is genuinely visiting the UK for tourism purposes, these may be in forms of detailed itinerary, hotel and travel bookings. The tour group may apply either for a single entry or dual entry visa, this is to accommodate possibilities for onward European travels and opens up options in the travel planning. All tour members will also be required to provide their passports and ID documents. Furthermore, the group must be able to show that they have sufficient funds to cover all reasonable costs for their travels, you may be required to produce bank statements to show your financial situations. The process normally begins with an online application. Following that, the tour guide or agency or leader of the group will normally be responsible for arranging an appointment for the entire group to attend interviews at the visa application centre. There are also options to apply through a priority service which provides a quicker decision within 3-5 days and another service that allow applicants to retain their passports whilst the application is being processed. ## Legal Advice from UK Immigration Solicitors on Visa Applications under the ADS Scheme The evidence required to support a ADS tour group application is bespoke to each case and you may wish to take legal advice when making your application. [Our expert team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of lawyers have extensive knowledge of making applications for ADS tour groups visa or visitor visas. We can assist your travel agency with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding the unnecessary expense of re-submitting your application to the Home Office. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for a Tourist or Visitor Visas please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # UK Naturalisation application – disclosure of previous criminal convictions Source: https://immigrationandvisasolicitors.co.uk/uk-naturalisation-application-disclosure-convictions/ *We have previously written about harsh penalties for innocent mistakes in UK visa immigration applications. Non-disclosure or previous criminal convictions would most likely result in a refusal of the [Naturalisation application.](https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply) **We have received numerous enquiries concerning disclosure of previous convictions in Naturalisation applications. In recent months, we have seen an increase in Naturalisation applications refusals on the grounds that the applicants did not meet the good character requirement. In some cases, the Home Office refused applications where applicants’ convictions were spent or minor.* ## The good character requirement for UK Naturalisation Application One of the main requirements to apply to become a British citizen is being of good character. That would mean that you do not have a serious or recent criminal record and have not tried to deceive the Home Office or been involved in immigration offences in the last 10 years. The British Nationality Act 1981 does not define ‘a good character’ and there is no statutory guidance as to how this should be interpreted. The Secretary of State will need to be satisfied that the applicant is of good character on the balance of probabilities. The applicant will need to inform the Home Office about any significant events such as previous criminal convictions or a pending prosecution. When considering the application the decision maker will not normally consider a person to be of good character if there is information to suggest: - The applicant has not respected and is not prepared to abide by the law (i.e. has been convicted of a crime) - The applicant has been involved or associated with war crimes, crimes against humanity or genocide, terrorism or other actions that are considered not to be conducive to the public good - The applicant’s financial affairs were not in appropriate order (e.g. they have failed to pay taxes) - The applicant’s activities were notorious or cast serious doubt on their standing in their local community - The applicant had been deliberately dishonest or deceptive in their dealings with the UK government - The applicant has assisted in the evasion of immigration control - The applicant has previously been deprived of citizenship ## Failure to disclosure previous convictions in the Naturalisation Application The fact of having previous convictions does not necessarily mean that the applicant’s application will be refused. However the applicant will need to be suitable for citizenship in all other respects and it is more likely that the application will be successful if the offence was very minor. The decision maker will consider all aspects of the applicant’s convictions, such as the length of sentence, when it was imposed and type of crime. The Home Office guidance indicates the impact of previous convictions on the[ Naturalisation ](https://www.gov.uk/government/publications/chapter-18-naturalisation-at-discretion-nationality-instructions)application: - A sentence of 4 years’ or more imprisonment – the application will normally be refused, regardless of the conviction occurred - A sentence between 12 months’ and 4 years’ imprisonment – the application will normally be refused unless 15 years have passed since the end of the sentence - A sentence up to 12 months’ imprisonment – the application will normally be refused unless 10 years have passed since the end of the sentence - A non-custodial sentence or other out of court disposal that is recorded on a person’s criminal record – the application will normally be refused if the conviction occurred in the last 3 years The applicants will need to make sure that they are familiar with the above requirements and that they understand the importance of providing the Home Office with accurate information. The Home Office will normally refuse all applications where the Good Character Requirement has not been met and will only exercise a discretion where convictions arise and are not disclosed in the most exceptional circumstances. A certain amount of time will need to have passed since the end of sentence in order to make a successful application. As stated in the Home Office guidance the “end of sentence” means the entire sentence imposed, not just the time the person spent in prison. Numerous cases have gone through lengthy appeal process because of the errors made in the applications; this is both time consuming and costly when you take into account all the court fees and litigation fees.  Applicants should seek legal advice before submitting application to avoid the disappointment and harsh after effects of a refusal. ## Contact us for a successful UK Naturalisation application Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for Naturalisation please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. **   --- # UK Tier 1 Investor Indefinite Leave to Remain applications Source: https://immigrationandvisasolicitors.co.uk/uk-tier-1-investor-indefinite-leave-remain/ *[Tier 1 Investors](https://www.gov.uk/tier-1-investor/overview) present in the UK can apply for settlement (also known as Indefinite Leave to Remain). The available routes include 2-years, 3-years and 5-years options for high net worth individuals investing significant amounts of money in the UK. **You might also be interested in settlement rules for[ Tier 1 Entrepreneurs  ](https://web.archive.org/web/20190320143426/https://immigrationandvisasolicitors.co.uk/tier-1-visas-accelerated-settlement-entrepreneurs-early-indefinite-leave-to-remain-ilr-investor/)from outside the [EU](https://www.gov.uk/eu-eea) who set up or take over existing business in the UK.* ## UK Tier 1 Investor Visas - Eligibility Applicants from outside the European Economic Area (EEA) who wish to invest £2,000,000 or more in the UK can apply under the [Tier 1 Investor](https://immigrationandvisasolicitors.co.uk/brexit-implications-tier-1-investors-eu-referendum/) route if they can satisfy the [Home Office’s ](https://www.gov.uk/government/organisations/home-office)requirements. [Applicants](https://www.gov.uk/tier-1-investor/eligibility) must have access to at least £ 2,000,000 in investment funds, must be over 18 and be able to prove that the money belongs either to them or their husband, wife, unmarried or same-sex partner. They would also need to have opened a bank account and the funds must be held in one or more regulated financial institutions and free to spend (‘disposable’) in the UK. Under the Tier 1 Investor route applicants will be able to stay in the UK for a period of 3 years and 4 months and apply to extend the visa for another 2 years. Where an Applicant wishes to settle in the UK, they can apply for settlement (Indefinite Leave to Remain). ## Tier 1 Investor settlement (Indefinite Leave to Remain) requirements Investors who have invested in the UK at least £2,000,000 may be eligible to apply for settlement status (Indefinite Leave to Remain) in the UK once they have reached five years continuous leave in the UK under the route. Investors wishing to apply for settlement will have to make sure they do not exceed 180 days absence from the UK during each 12 months of the continuous period. This would include any absences irrespective of their reasons. The only exception would be the reason of staying outside of the UK because of the [Ebola crisis](https://en.wikipedia.org/wiki/West_African_Ebola_virus_epidemic) in West Africa in 2014. The applicants’ absence exceeding the period of 180 days in 12 months would break the continuous period and the applicants will need to start the qualifying period again. It is very important to make sure, you do not exceed the allowed absences, as the Home Office will not hesitate to refuse an application where an Applicant has been absent for more than 180 days in any one year of the continuous period. ## Accelerated Settlement via an Investor Visa Application The UK government has acknowledged the importance of welcoming foreign businesspeople into the UK and in response has introduced an accelerated route to settlement. This route encourages non-EEA businesspeople to invest in the UK and potentially apply for Indefinite Leave to Remain after 2 or 3 years depending on their investments. The applicants would must have invested the funds by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies. The applicants will be eligible to apply for settlement: - After 2 years if they can demonstrate that they have invested £10,000,000 - After 3 years if they can demonstrate that they have invested £5,000,000 ## Making a successful application for Accelerated Settlement via the UK Tier 1 Investor route Our  team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for accelerated settlement please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # UK Visa Success Story: Entry Clearance Spouse Visa granted Source: https://immigrationandvisasolicitors.co.uk/success-entry-clearance-spouse-visa/ *Our team of expert solicitors recently received the wonderful news that a client (the Applicant) had been [granted Entry Clearance](https://immigrationandvisasolicitors.co.uk/success/) into the UK as the Spouse of a British citizen who is present and settled in the UK. In our initial consultation with the Applicant, we discovered there may be suitability issues involved with the Applicant’s application. However, our solicitors were able to prepare an exceptional application and eliminate any concerns on the [suitability grounds](https://www.gov.uk/government/publications/general-grounds-for-refusal-considering-entry-clearance).   * Spouse visa applications to the UK Home Office can be made by LEXVISA Solicitors in London ## The case for Entry Clearance as a spouse The Applicant was a USA national residing in, USA. The Sponsor met the Applicant whilst he was on holiday in the USA, the Applicant and Sponsor began dating and subsequently decided to get married. The Applicant had been previously arrested for Driving under the Influence (DUI) and Driving while intoxicated (DWI) and was ordered to pay fines and to attend alcohol and safety classes. After speaking to our expert solicitors and receiving the comfort that our solicitors often assist clients in similar situations to his. The Applicant and Sponsor instructed us to prepare and assist with the submission of their application. The Applicant also informed us that he was going to use the Visa Priority Service which is generally used in clear-cut applications where there are no potential issues. ## How we can assist submit a successful Spouse Visa Application Our solicitors successfully guided the applicant through the application process and prepared outstanding legal representations. Our team of solicitors directly tackled all the issues involved in the Applicant’s application and highlighted how the Applicant met the UK immigration rules. The legal representations were prepared to such a level that the Applicant received a courtesy call from the Entry Clearance Office commenting on the outstanding quality of the legal representations and order of supporting documents. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of his documents to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with the online visa application form and the financial requirements form. ## Applicable for Entry Clearance Spouse Visa To make a successful Entry Clearance Spouse Visa application you must meet the Home Offices requirements, we have previously written about the [stringent requirements](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/). It is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements. A common question we often come across is regarding the financial requirements. The financial requirements may be satisfied through various different avenues such as salaried employment, self-employment or cash savings. You may wish to contact us if you have any questions regarding any of the requirements. ## Advice from UK Immigration Solicitors on Submitting a successful Entry Clearance Spouse Visa Application Our team of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK Spouse Visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about submitting a successful UK Fiancée Visa application please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # UK Immigration Law: Alternative Student Visa – Short-term Student Visa Source: https://immigrationandvisasolicitors.co.uk/student-visa-short-term-student-visa/ *There is an alternative option for students from Non-European Economic Area (EEA) countries and Switzerland to enter the UK to study. The [Short-term](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/514584/Short-term-student-guidance-v3-ext.pdf) Study visa is designed specifically for students who wish to enter the UK for a short period of time to study a course, which does not last more than 11 months. The Short Term Student Visa is often selected by students who may not be eligible to apply for a [Tier 4 (General)](https://www.gov.uk/tier-4-general-visa) student visa or may believe that the Tier 4 route is not their best available option. Whilst interest in the Short Term Student Visa is increasing, it is important to note that the rights under this visa significantly differ to the points-based system (PBS) visas.* ## Your rights under the Short-term Study Visa Under the Short-term Study visa category, students are allowed to enter the UK to study a short English/training course which does not exceed 11 months. This visa is also available to students who enter the UK for a short period to participate in research activities which are directly related to their degree which is taught in an overseas country. Students often choose this route as an alternative to the [Tier 4 (General) Student](https://immigrationandvisasolicitors.co.uk/uk-government-publishes-new-guide-tier-4-student-visa-applications/) visa, in scenarios where a small part of their overseas course is taught in the UK. The benefits of this particular visa consist of students not having to provide a Certificate of Acceptance number (CAS number) and non-visa nationals are not required to apply for Entry Clearance before they travel, as they can apply to enter as a student under the Short-term Study Visa on arrival at the port of entry.  However, Visa nationals will be required to make an Entry Clearance Application. ## Can you apply for a Short-term Study Visa To make a successful application, students must demonstrate that they have received an offer to study a short course at a Home Office approved institution which holds a Tier 4 Sponsor Licence. In addition to this, students will be required to provide evidence that they have an adequate level of funding available to them. Where students are under 18, they must provide evidence that they have parental consent to come to study in the UK as well submit evidence in relation to their living arrangements and travel to and from the UK. Students can make an application from any country outside the UK; it does not necessarily require you to be applying from your country of origin. Since the introduction of the [Tuberculosis](https://www.gov.uk/tb-test-visa/overview) testing for Entry Clearance applications exceeding 6 months, students applying under the Short Term Study route will also be required to pass a Tuberculosis test before submitting their application. ## Students under this route are not permitted to engage in the following activities - Students must not enrol into a state school or college to study full-time course; - Students must not be involved in any paid or unpaid employment, this visa does not allow work placements or worked experience if you need to work in the UK whilst studying you may want to consider applying under the Tier 4 (General) Student route. Students should also be aware that they are not entitled to public funds, therefore should have adequate funds before applying; - Unlike the Tier 4 (General) Student visa the Short-term Study route does not allow students to have their family members join in the UK as dependants, family members will be required to make a separate visitor application; and - Students will not be allowed to switch into another visa category in-country; where students wish to move onto another visa they will be required to make an entry clearance application from their country of origin. ## Successful Short-term student visa Application to Home Office [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # UK Case Study: Successful Returning Resident Entry Clearance Appeal Source: https://immigrationandvisasolicitors.co.uk/success-entry-clearance-appeal-indefinite-leave-to-remain/ *Recently, we [assisted a client](http://www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKAITUR/2015/OA053522014.html&query=(mami)+AND+(bell)) in obtaining an appeal decision in their favour. The matter concerned was that an Entry Clearance Officer refused her entry clearance as a returning resident. The client had spent over ten years outside of the UK after she had settled with [Indefinite Leave to Remain](https://immigrationandvisasolicitors.co.uk/uk-case-study-successful-indefinite-leave-remain-application-2/). The [Home Office](https://www.gov.uk/government/organisations/home-office) contended that an Indefinite Leave to Remain may lapse if a person had spent more than two years outside of the UK.* ## Facts of the UK Indefinite Leave to Remain Returning Resident Appeal Case The Appellant is a Japanese national, who has been married to a British national. Their child was born in the UK, hence obtained [British citizenship](https://www.gov.uk/becoming-a-british-citizen). The Appellant was settled with Indefinite Leave to Remain in 1990. Since 2001, the Appellant’s husband has been employed overseas. As a result, the family moved outside of the UK together and have lived overseas for 13 years. During those 13 years, the Appellant’s family visited the UK on four occasions and had not lived in their jointly owned family home for several years. In 2014, the Appellant was refused Entry Clearance under paragraph 18 of the[ Immigration Rules](https://www.gov.uk/guidance/immigration-rules): > 18. A person seeking leave to enter the United Kingdom as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned: > (i) had indefinite leave to enter or remain in the United Kingdom when he last left; and > (ii) has not been away from the United Kingdom for more than 2 years; and > (iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and > (iv) now seeks admission for the purpose of settlement. The Entry Clearance Officer was not satisfied that she was a [returning resident](https://www.gov.uk/returning-resident-visa) and stated that her Indefinite Leave to Remain status had lapsed some time ago, namely after two years of living overseas. ## First Tier Tribunal Judgement - Successful When the Appellant first appealed the decision, the First-tier Tribunal Judge found that the decision to refuse the Appellant as a returning resident was not in accordance with the law because the Entry Clearance Officer had failed to consider paragraph 19 of the Immigration Rules: > 19. A person who does not benefit from the preceding paragraph by reason only of having been away from the United Kingdom too long may nevertheless be admitted as a returning resident if, for example, he has lived here for most of his life. This rule essentially states that there is a discretionary power that can be exercised, such that injustice or undue hardship in similar situations may be avoided. ## Upper Tribunal Judgement - Successful In light of this decision, the Home Office lodged an appeal. According to [another ruling](http://www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKUT/IAC/2012/00307_ukut_iac_2012_icu_nigeria.html&query=(ukus)) in the Upper Tribunal, it was held that an Entry Clearance Officer’s discretionary power can only be reviewed when it has in fact been exercised. In this case, the discretionary power had not in fact been exercised. The Tribunal’s decision will be limited to a judgement that the ECO’s decision was ‘not in accordance with the law’. The Upper Tribunal subsequently directed the Entry Clearance Officer to make a decision under the relevant Immigration Rules, which was in favour of our client. ## Successful UK Immigration Entry Clearance Applications and Appeals If you have been refused Entry Clearance, you may have appeal rights; please contact our expert immigration team to explore your options in light of the Home Office’s refusal decision. If you wish to make an Entry Clearance Application, [our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for an initial case assessment even if you wish to consider other advisers. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about submitting a successful Entry Clearance application please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # UK Tier 1 Exceptional Talent Visa Application Stage 1 of 2: Endorsement Source: https://immigrationandvisasolicitors.co.uk/uk-tier-1-exceptional-talent-visa/ *The[ Tier 1 Exceptional Talent visa application](https://www.gov.uk/tier-1-exceptional-talent/apply) comprises of 2 different stages. Firstly, you will be required to be [endorsed](https://www.gov.uk/government/publications/application-for-endorsement-for-tier-1-exceptional-talent-visa) by a Designated Competent Body in your field. This is not an immigration application but will be essential for your subsequent visa application. When you apply for endorsement with these Designated Competent Bodies, they will assess whether you are at an appropriate level to be endorsed as a Tier 1 Exceptional Talent migrant. Secondly, after you have obtained your endorsement, you may proceed to apply for the Tier 1 Exceptional Talent visa.* ## UK Tier 1 Exceptional Talent: Who can apply? The Tier 1 Exceptional Talent visa can be applied by a ‘recognised leader’ or an ‘emerging leader’ in the following fields: > - Science > - Engineering > - Humanities > - Medicine > - [Digital Technology](https://immigrationandvisasolicitors.co.uk/tech-nation-visa-open-tier-1-exceptional-talent-visa-applicants/) > - The Arts These are individuals that show exceptional talent or exceptional promise; they will be active researchers or players in the above mentioned fields and will have a track record of significant contribution. ## UK Tier 1 Exceptional Talent: What is endorsement? This is the first stage of your Tier 1 Exceptional Talent visa application. This will be an application submitted to the Home Office, however, it will be considered by a corresponding Designated Competent Body. It is NOT an immigration application; this essentially means that a refusal of endorsement will not affect your immigration history. ## UK Tier 1 Exceptional Talent: What does the Designated Competent Body do? For each of the recognised fields mentioned above, there is a corresponding Designated Competent Body. > - For Arts and Culture: it will be the [Arts Council England](http://www.artscouncil.org.uk/) > - For Humanities and Social Sciences: it will be [The British Academy](https://www.thebritishacademy.ac.uk/) > - For Natural Sciences and Medical Science research: it will be [The Royal Society](https://royalsociety.org/) > - For Engineering: it will be [The Royal Academy of Engineering](http://www.raeng.org.uk/) > - For Digital Technology: it will be [Tech City UK](https://web.archive.org/web/20180411120411/https://www.techcityuk.com/) The Designated Competent Body will be responsible for assessing whether an individual reaches the appropriate level to be endorsed under the Tier 1 Exceptional Talent route. Each Designated Competent Body covers a wide range of disciplines within their field. For example, The British Academy covers anything from Medieval Studies, to Geography, and to Psychology. You may be able to get an accelerated endorsement through certain recognised peer-reviewed fellowships. ## UK Tier 1 Exceptional Talent: What are the criteria? Each Designated Competent Body has their[ own set of criteria](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-l-tier-1-competent-body-criteria) but in a nutshell, you must satisfy either of the following criteria: > - You are an individual who has already demonstrated that you have made a significant contribution as a leader of your field; or > - You are an individual who may be earlier in their careers but have already shown the potential to make significant contributions as a further leader in our field. These criteria often entail that the applicant be the recipient of certain internationally recognised awards within their discipline. They will also be required to show that they are recognised, at the appropriate level eligible for endorsement, by other notable figures in their field. When considering whether you are at an appropriate endorsement level, the Designated Competent Body will take into consideration your career history, the strength of the supporting statements in letters of recommendation, international standing, expected benefits of your presence in the UK, and a wide variety of relevant factors. ## Successful Tier 1 (Exceptional Talent) Visa Applications Obtaining evidence and recommendation letters can be a complicated and daunting process as the Home Office imposes strict criteria for each specified document. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced lawyers will be able to guide you through the process step by step. If you are interested in applying under this route, our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a Tier 1 (Exceptional Talent) visa application. We are regularly instructed by Tier 1 (Exceptional Talent) entrepreneurs and undertake a detailed review for Applicants and will be able to guide you through the process of making a Tier 1 (Exceptional Talent) visa application step by step and limit the possibility of failure by complying with the strict letter of the law. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for UK Tier 1 Exceptional Talent visa, please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. **   Guidance for Tier 1 (Exceptional Talent) stage 2 immigration application [to be continued...](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-immigration-application/) --- # Brexit news: UK Government cannot trigger Article 50 without MPs’ vote Source: https://immigrationandvisasolicitors.co.uk/brexit-news-uk-government-cannot-trigger-article-50/ *Today High Court judges gave their verdict on whether Parliament’s vote is needed to start the process of leaving the European Union. The High Court ruled that Parliament must vote before triggering [Article 50](https://web.archive.org/web/20180620052209/http://www.lisbon-treaty.org:80/wcm/the-lisbon-treaty/treaty-on-European-union-and-comments/title-6-final-provisions/137-article-50.html) and the start of Brexit proceedings.* ## Brexit: What is Article 50 of Lisbon Treaty In legal terms, Article 50 of the Treaty on the European Union establishes the procedures for a member state to withdraw from the EU. Under this Article, the UK must notify the EU of its withdrawal and the EU will then be obliged to try to negotiate a withdrawal agreement with the UK. The results of the vote in itself do not provide the EU with notification – this must be done formally and in accordance to procedures put in place by the Treaty on the European Union. Once Britain invokes Article 50, it will have 2 years in which to negotiate a new treaty to replace the terms of EU membership. EU nationals living in the UK may wish to consider applying for [Permanent Residence Card](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) or [British Naturalisation](https://web.archive.org/web/20190215224436/https://immigrationandvisasolicitors.co.uk/uk-naturalisation-british-citizenship-eea-eu-europe-national/). ## The High Court Brexit ruling Today, [High Court](https://www.judiciary.gov.uk/you-and-the-judiciary/going-to-court/high-court/) judges ruled that the Prime Minister cannot use the Royal Prerogative to trigger Article 50 of the Lisbon Treaty. The decision must be made by the Parliament and that will stand unless the appeal is successful. That means there would have to be a vote by MPs to trigger [Article 50](https://immigrationandvisasolicitors.co.uk/immigration-uk-eu-eea-nationals/). The case was brought to the High Court by Gina Miller, an investment banker, who said that the Government had no right to use the Royal Prerogative to trigger Article 50.  After the ruling, Miller said that the government should make the *“wise decision of not appealing”.* As a result of 23rd June referendum, the [exit proceedings ](https://immigrationandvisasolicitors.co.uk/brexit/)were to be started in March 2017 as announced by the Prime Minister Theresa May. Today’s ruling will potentially delay the whole process for months. The British Government has expressed the disappointment with a decision of the High Court. Trade Minister Liam Fox said today: > “The government is disappointed by the court’s judgement. The country voted to leave the European Union in a referendum approved by acts of parliament. The government is determined to respect the result of referendum.” > > “This judgement raises important and complex matter of law and it is right that we consider it carefully before deciding how to proceed.” ## ## What does the Brexit ruling mean for EEA European nationals The High Court ruling has caused further controversy and uncertainty on the impact of the Brexit process on the residence rights of EEA nationals. The UK Government has introduced fast track schemes such as the [European Passport Return Service](https://immigrationandvisasolicitors.co.uk/immigration-updates-new-online-permanent-residence-european-passport-return-service/) to enable applications by EEA nationals for residence cards to be processed quicker and easier. However, the UK Government has not extended the schemes for applications by family members of EEA nationals and therefore such applications have been in caught up in a web of backlogged cases lingering around in the Home Office system and pending determination. The future of EEA nationals and their family members seeking to settle in the UK has reached an unprecedented impasse. Whilst the road ahead may seem uncertain, it is encouraged that EEA nationals and their family members assess their eligibilty to apply for a residence card in the UK to document their right to remain and permanently settle in the UK whilst the status quo is preserved. ## Legal Advice from UK Immigration Solicitors on EEA European nationals rights If you wish to consider your options following BREXIT or are concerned about your current position in the UK, please call our [Immigration Team ](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/)so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. If you need professional legal advice please contact us for a case assessment on 02030110276. You can also reach us via our WebChat facility or via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). Please note that we are not able to provide any free legal advice.   --- # Harsh Penalties for Innocent Mistakes in UK Immigration Visa Applications Source: https://immigrationandvisasolicitors.co.uk/harsh-penalties-for-innocent-mistakes-in-uk-immigration-visa-applications-false-representations/ *We have previously written about the issue of deception and the consequences of making false representations in immigration applications. In recent years, we have seen an increase in immigration refusal decision in which the Home Office have raised on grounds of false representations or deception. In certain cases, an applicant might have acted in bad faith and had an intention to conceal material facts that will  adversely affect their case. However, in a mountain of  other cases, an applicant might just have made an honest and 'innocent' mistake when preparing an application. We briefly outline the consequences of making false representations in immigration applications below. * ## Consequences of Deception on UK Immigration Visa Applications One might expect that with every refusal, you have another chance simply to make a fresh application. However, this might not be the case. [Paragraph 370(7A)](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal) of the Immigration Rules allows the Home Office to refuse visa applications where an applicant has made false representations, submitted false documents and/or information:- > (7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application. The fact whether the information submitted is relevant to the applicant’s case or whether the applicant had knowledge of the information is irrelevant. [Paragraph 370(7B)](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal) goes on to impose the tough sanction as a consequence of submitting an application where grounds of deception or false representations have been raised by the Home Office, the refusal will automatically attract a 10-years ban for entry clearance. Hence, a single refusal might lead to a ban from entering the UK for 10 years. ## Innocently Making False Representations on UK Visa Applications There are a wide range of errors that could trigger an assumption of dishonesty. For instance, if you disclosed that you have no criminal convictions but in fact you have had warnings or penalties, you might be criticised for this and the [Home Office](https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=0ahUKEwje69mF3trPAhWmBcAKHfHlATQQFggjMAE&url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F529333%2FGGFR-sec2-v26.0.pdf&usg=AFQjCNHO6fJ7vWCT__t6Dr4LnfUVy1RMQQ&sig2=uE-W-LMtGrANEulWY6GX0w&bvm=bv.135475266,d.ZGg) may consider this as deception or making a false representation. Caselaw in this area have sought to clarify that the intention behind this rule is not there to penalise applicants for making innocent mistakes. However, a prima facie dishonesty assumption can be held by an Entry Clearance Officer or caseworker, simply due to the fact that an applicant accidentally ticking the wrong box on the application form e.g. you ticked ‘No’ when asked whether you have any criminal convictions and you completely forgot about that driving penalty five years ago. Further [case law](http://www.bailii.org/uk/cases/UKUT/IAC/2014/%5b2014%5d_UKUT_236_iac.html) precedent provides that ‘false representation’ must include an element of ‘dishonesty’. If a plausible reason is given to an allegedly dishonest representation, the burden of proof reverts back to the Secretary of State to prove that a representation have been false and dishonest. Numerous cases have gone through lengthy appeal process in attempt to correct a small error; this is both time consuming and costly when you take into account all the court fees and litigation fees.  Applicants should seek legal advice before submitting application to avoid the disappointment  and harsh after effects of a refusal and avoid a potential ten year ban from entering the UK. ## Legal Immigration Advice on Successful UK Visa Applications [Our team of experienced and professionally qualified solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) will be able to guide you through a variety of [Entry Clearance and Leave to Remain](https://www.gov.uk/check-uk-visa) application or appeal process step by step. This significantly limits the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our[ legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now 02030110276 on for a telephone case assessment. --- # UK Immigration Law – Changes to the Tier 2 Inter-Company Transfer (ICT) Visa Source: https://immigrationandvisasolicitors.co.uk/tier-2-inter-company-transfer-visa/ *In an attempt to control the continuing increase in Immigration, the Home Secretary has recently carried out substantial changes to the Immigration [rules HC667](https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc667-3-november-2016). The main changes will directly affect the [Points Based System ](https://www.gov.uk/browse/visas-immigration)(PBS) visas, in particular, workers who apply under the [Tier 2 ](https://www.gov.uk/tier-2-intracompany-transfer-worker-visa) Intra-Company Transfer (ICT) route. These changes will undoubtedly have an impact on UK businesses that primarily rely on overseas professionals and make Tier 2 ICT applications from overseas professionals coming to the UK a cumbersome process. * ## Changes to the Tier 2 Intra-Company Transfer (ICT) visa Following the Home Secretary’s changes to the current Tier 2 Intra-Company Transfer visa, all applications submitted after 24 November 2016 under the Tier 2 ICT route must now meet the new salary threshold requirement.  Previously Applicants were required to meet an obligatory salary threshold of £24,800 per annum but the Home Office has increased the salary threshold to £30,000 per annum for all applications submitted after 24 November 2016. The increase will evidently affect UK businesses that previously relied upon overseas professionals to bring their expertise to help enhance their business especially businesses who predominantly operate in the IT sector.  Earlier this year the Migration Advisory Committee’s research established that 90 percent of visas issued under this route were for IT workers. It is clear the recent changes will directly affect overseas IT professionals coming to the UK from IT prevalent countries such as India. ## What is the Tier 2 ICT visa? The Tier 2 Intra-Company Transfer visa is designed to allow UK businesses who also acquire overseas offices to transfer key members of their team to the UK. This route has four subdivisions: short term, long term, graduate trainee or skills transfer route. There are also drastic changes to the skills transfer route under the latest immigration changes, which will no longer be available from 24 January 2017. It is important employers select the correct route as Applicants will not be allowed to switch from the long term to the short term route. However, it is possible to switch from the short term to the long term route. For more information on how to submit a successful transfer application contact our expert team of solicitors. *There are currently 4 routes to enter the UK under the Tier 2 Intra-Company Transfer route*: - **Long-term**: Applicants who wish to enter the UK under this category must demonstrate that they have been employed by their overseas employer for a minimum of 12 months and will earn a minimum salary of £41,500. - **Short-term**: Applicants who wish to enter the UK under this category must also have been in ongoing employment with their overseas employer for a minimum period of 12 months. Previously Applicants were required to demonstrate they earned a minimum of £24,800 but the recent changes mean all applications submitted after the 24 November will be required to meet an increased threshold of £30,000. - **Graduate trainee**: This category is designed specifically for Applicants who wish to join a graduate program in the UK for a specialist role. Previously Applicants were required to demonstrate they meet the minimum threshold requirement of £24,800 but under the new changes, Applicants must now meet a reduced threshold of £23,000. - **Skills transfer**: This category allows overseas employees to enter the UK for training purposes. Unlike the other categories, Applicants are not required to be employed by the overseas employer for a specific period of time. As mentioned above, this category has been affected the most under the changes as this route will no longer be available from 24 January 2017. Under the Tier 2 Intra-Company Transfer, it is important that the employer provides sufficient evidence demonstrating that the role cannot be filled by UK settled workers and that there is genuine need and vacancy for the role. ##  Successful Tier 2 Intra-Company Transfer Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Your Right to Marry Under the UK Fiance Visa Source: https://immigrationandvisasolicitors.co.uk/uk-right-to-marry-fiance-visa/ *If you are present and settled in the UK, your [Non-EEA national](https://www.gov.uk/eu-eea) Fiancé  may make an application to join you in the UK.  The Sole purpose of the[ Fiancé Visa](https://www.gov.uk/remain-in-uk-family/overview) is to allow Non-EEA nationals to enter the UK to marry. To submit a successful UK Fiancé Visa application you will need to meet the Home Office’s stringent requirements, in particular, you would need to demonstrate that you are in a genuine and subsisting relationship and your primary purpose to enter the UK is to marry.* Apply for UK Fiance Visa to Marry in the UK ## Rights Under the UK Fiance Visa The Fiancé Visa should not be mistaken with the [UK Marriage Visitor Visa](https://www.gov.uk/marriage-visa/overview) because your rights could significantly differ depending on which visa you apply for. It is true that both visas allow you to get married in the UK but there are significant differences in your rights to remain in the UK after you have married. Under the Marriage Visitor Visa, you are required to leave the UK to make a further application to remain in the UK. Whereas, the Fiancé Visa allows you submit an in-country application to extend or switch your visa into another category. If you are granted the Fiancé Visa you will not be permitted to work and your visa could be revoked by the Home Office if you are found in breach of your visa conditions.  Once you have married  your British citizen partner, you can then submit a [UK Spouse Visa](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) application and if you are granted the Spouse Visa you can then apply to work in the UK. In our expert experience, the UKVI processing times are not always realistic and in the vast majority of cases, the Home Office often provide a delayed decision. Therefore you should be prepared for unexpected delays when submitting your application unless you have selected a premium fast track service. ## Apply for the UK Fiance Visa- The Requirements The immigration rules for the Fiancé visa and Spouse Visa are nearly identical. The key difference between the two visas is that the Fiancé visa requires you to provide additional evidence to demonstrate that you intend and have planned to get married in the UK within 6 months from the date your visa is granted. You must satisfy the following requirements: - Both you and your Fiancé must be at least 18 years of age; - You and your Fiancé must have met in person and your relationship must be genuine and subsisting; - You must intend on getting married in the UK and have adequate evidence to demonstrate this; - You must intend on living with your Fiancé permanently in the UK after marriage; - Your Fiancé must be able to demonstrate that he or she meets the financial requirements; - You will need to provide adequate evidence that your Fiancé will be able to accommodate you; and - You will need to demonstrate that you meet the [English Language requirement](https://www.gov.uk/english-language/overview). It is imperative you submit a properly prepared and executed application because, in the vast majority of cases, Applicants usually are well underway with their wedding preparations at the time of submitting their application. Delays in the visa process could disrupt wedding arrangements and cause a great amount of stress to Applicants. ## Advice from UK Immigration Solicitors on Submitting a successful Fiance Visa Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK Fiancée Visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about submitting a successful UK Fiancée Visa application please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # UK Home Office Business Visa Requirements: Tier 1 ‘Genuine Entrepreneur Test’ Source: https://immigrationandvisasolicitors.co.uk/uk-home-office-business-visa-requirements-tier-1-genuine-entrepreneur-test/ *The Tier 1 Entrepreneur visa category under the UK Points Based System is a route for business persons who would like to invest in the UK by setting up or taking over, and being actively involved in the running of, one or more businesses in the UK.  Since the Home Office made changes to the requirements for obtaining this visa which came into force on [31 January 2013](https://immigrationandvisasolicitors.co.uk/uk-tier-1-entrepreneur-visa-ukbagenuine-entrepreneur-test/) and the rules that came into force on 6 April 2015, Applicants are now required to satisfy a ‘genuineness test’ in addition to the '[Genuine Entrepreneur test](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/526383/Tier-1-entrepreneur-v17.pdf)'.  What these mean is that in order for an applicant to be granted a visa under this category, the applicant must demonstrate that they are a credible person with an intention to invest in a credible business in the UK.  * ## Home Office Genuine Entrepreneur Test Under the current UK Immigration rules, in order to obtain a Tier 1 Entrepreneur visa, Applicants must satisfy the ['Genuine Entrepreneur'](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/526383/Tier-1-entrepreneur-v17.pdf) test.  a Home Office caseworker must assess whether an applicant satisfies some or all of the following; - The applicant must show that he genuinely intends, and is able, to establish, take over or become a director of one or more businesses in the UK within the next 6 months; - the applicant genuinely has established, taken over or become a director of one or more businesses in the UK and continues to operate that business or businesses; - the money is genuinely available to the applicant and will remain available to them until such time as it is spent for the purposes of their business or businesses; -  if the applicant is relying on one or more previous investments to score points, they have genuinely invested all or part of the investment funds required in table 4 of appendix A into one or more genuine businesses in the UK; and - the applicant does not intend to take employment in the United Kingdom other than working in their business. The Home Office requirements are strict to ensure that the Tier 1 Entrepreneur visa route is not open to abuse, whilst still allowing genuine business persons to remain in and come to the United Kingdom. ## How the Home Office Assess that Applicant is a Genuine Entrepreneur This is a strict test applied by the Home Office to assess, on a balance of probability, whether an applicant is a [Genuine Entrepreneur](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/526383/Tier-1-entrepreneur-v17.pdf). There are several steps that a Home Office caseworker undertakes in the assessment: - Paper consideration - Interview - Decision A Home Office caseworker will need to assesses the [credibility ](https://web.archive.org/web/20161016144057/http://immigrationandvisasolicitors.co.uk:80/new-upper-tribunal-decision-tier-1-entrepreneur-visa-requirements/)of the application based on the evidence submitted and will assess these based on the following; - Viability and credibility of the sources of investment; - Appropriateness of business plan, intended operations,  and relevant market research conducted; - Genuineness of relevant business and education background; an - The Applicant's immigration history and previous business or non-business related activities in the UK. It is important that an Applicant is able to show that the investment funds are and will continue to be available to you after the grant of the visa.  As the test aims to impose a greater scrutiny on business investors and their intentions to make genuine investments, it will be vital to seek professional legal advice. Our experienced immigration solicitors will be able to assist and advise you on the stringent and specific requirements set out by the Homes Office and to guide you throughout the entire process. Ultimately, this can ensure that you receive a successful outcome with regards to your application. If for any reason, the Home Office finds inconsistencies or has reasonable doubts as to whether the applicant is a genuine entrepreneur, they may invite the applicant for an interview. ## Tier 1 Entrepreneur Visa Applicants may need to attend Home Office Interview A Tier 1 Entrepreneur applicant must attend an interview unless there is a reasonable explanation as to why they cannot comply; failure to attend an[ interview](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal) may result in a refusal of the application. Before the interview,  an applicant may also be required to provide further evidence to assist the assessment. For instance, an extensive CV listing your previous experience and background, business contracts showing activities in trading, and other official documents issued by other government departments. At the interview, you will be asked questions based on evidence and documents that you have submitted. This can usually be treated as a method to verify the credibility and consistency of the evidence provided. After the interview, if the Home Office is satisfied that on balance of probabilities that you are a genuine applicant, they Home Office caseworker is obliged to grant the Tier 1 Entrepreneur visa. Applicants should seek legal advice before submitting a [Tier 1 Entrepreneur ](https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=0ahUKEwjx15rd6eTPAhVCD8AKHZ04Co8QFgg0MAI&url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fpublications%2Fguidance-on-application-for-uk-visa-as-tier-1-entrepreneur&usg=AFQjCNH_c2oIXw1GyZKraH-U1e7WB_0SJA&sig2=HDqceSULdg7etGJLcT3-ig&bvm=bv.135974163,d.bGs)application to ensure they comply with all of the home Office Stringent requirements and their visa application is successful. ## Successful Tier 1 Entrepreneur Visa Applications, Administrative Review & Appeals [Our team ](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/)of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a Tier 1 Entrepreneur visa application step by step and limit the possibility of failure by complying with the strict letter of the law. Please [contact us ](https://immigrationandvisasolicitors.co.uk/contact-us/)so that we can review your case and provide you with an assessment of your case. ## --- # UK Immigration Updates: New Online Application for Permanent Residence Card and European Passport Return Service Source: https://immigrationandvisasolicitors.co.uk/immigration-updates-new-online-permanent-residence-european-passport-return-service/ *The new [online applications](https://web.archive.org/web/20201111233858/https://visas-immigration.service.gov.uk/product/eea-pr) for a permanent residence card as an EEA or Swiss national are now available on the Home Office website. The application is an alternative to the EEA(PR) paper form and can be used by EEA or Swiss nationals. The service will not be available to applicants applying as family members and they will need to fill in the [paper form](https://www.gov.uk/government/publications/apply-for-a-document-certifying-permanent-residence-or-permanent-residence-card-form-eea-pr). Applicants can now use European Passport Return Service and keep their original document during the decision-making process.* ## Online EEA Permanent Residence Application and European Passport Return Service The new online application is now available on the Home Office website. The online version is an alternative to the EEA(PR) paper form but you will still need to print the application and send it to the Home Office with supporting documents. The online application can be used by EEA and Swiss nationals and is not available to family members, who will still need to fill in the paper form. You will need to complete each page of the application and if you encounter any difficulties you can always use the paper form. [European Passport Return Service](https://www.gov.uk/government/collections/european-passport-return-service) is another new option available to the applicants. Those who want to keep their passport during the decision-making period will be able to hand in their application forms and supporting documents to a local authority or nominated premium service centre. You will need to attend the appointment within 5 days from completing the form and the local authority will send off the application with a copy of your passport to the Home Office. The applicant will be able to keep their original passport. There will be a service fee and the local authority will confirm times available. ## Apply for a EEA Permanent Residence Card In the United Kingdom, the current immigration rules governing a right of [permanent residence](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) fall under Regulation 15 of the Immigration (European Economic Area) Regulations 2006 (EEA Regulations). Regulation 18 of the EEA Regulations governs the documents which can be held as evidence of a right of permanent residence. You can apply for a permanent residence card after living in the UK for 5 years. This will prove your right to live in the UK permanently. In order to qualify for permanent residence you would need to be exercising your Treaty rights as a worker, self-employed, self-sufficient, job-seeker or a student. EEA nationals who are able to evidence the above may wish to apply for a document which certifies their permanent residence. Family members of EEA nationals who have held an EEA Residence Card for 5 years may also wish to apply for an EEA Permanent Residence Card if they can demonstrate their EEA national family member was exercising their Treaty Rights during their stay in the UK. ## Successful EEA Permanent Residence Card Applications If you wish to consider your options following Brexit or are concerned about your current position in the UK, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. [Our expert Solicitors](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) at LexLaw have a very high success rate in Permanent Residence Card applications and treat each case individually, providing detailed assessments to our clients. Our detailed consultations are to ensure that you are eligible to make a Permanent Residence Card application. If you decide to instruct us we will provide you with a bespoke documents list tailored to your circumstances. Our city of London solicitors will guide you through all the requirements in accordance with the UK Immigration Rules. Making the process as easy as possible and working hard to get a successful result. Our team of experienced and professionally qualified immigration solicitors and barristers will be able to go through the Home Office’s requirements with you. As well as, the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. --- # UK Immigration Update: English Language Tests Change for Family of Settled Person Visa Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-english-language-requirement/ *The Home Office has recently published a [Statement of Changes ](https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc667-3-november-2016)to the Immigration Rules. New English Language Requirement has been announced for the applicants applying under the 'Family of Settled person' route. The required level of English Language has been raised to A2. * ## UK Visa Applications for Family Members of Settled Persons You will be [eligible](https://web.archive.org/web/20170317044108/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452915/Appendix_FM_Section_1_0a_5-year_Partner_and_Parent_Routes_August_2015.pdf) to remain in the UK as the family member or partner of a British citizen, person settled in the UK or person who has refugee leave or humanitarian protection in the UK. You will also be able to add some of your family members – dependents to your application. You need a ‘family of a settled person visa’ if you want to remain with your family and you are already in the UK. The application can be submitted by applicants from outside the European Economic Area [(EEA)](https://www.gov.uk/eu-eea) or Switzerland. You can either apply if you want to extend your existing visa or you wish to switch from a different category.  You will need to choose a route for your application and each of them will have different eligibility requirements. You will choose between [2-year , 5-year and a 10-year route](https://immigrationandvisasolicitors.co.uk/uk-case-study-successful-further-leave-to-remain-application/). The  Home Office criteria are quite stringent and an extensive amount of documentary evidence has to be provided in order to support your application and prove that you meet all the requirements, e.g. the [financial requirements](https://web.archive.org/web/20170317073217/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf) set by the government. ## New English Language Requirement for 'Families of a Settled Person' Visa The new requirement for applicants applying under the 'family of settled person' route has been raised to A2 level. The changes would affect applicants planning to extend their stay in the UK after 2 years and half on a 5 year route to settlement under Appendix HM (Family Member) of the Immigration Rules. Family members with leave to remain due to expire on or after 1 May 2017 will be affected by the changes and will need to take the A2 exam to show their English language skills meet the requirement. In order to meet the A2 English Language Requirement applicants, who are not nationals of a majority English-speaking country or holders of a degree taught in English, will need to sit an exam in one of the approved test centres. We[ have already written](https://immigrationandvisasolicitors.co.uk/uk-immigration-updates-home-office-approved-english-language-tests/) about approved secure English language tests and test [centres](https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests). The updated list of approved centres has been published by Home Office and candidates can chose the most convenient centre for them. ## Meeting the Home Office’s English Language Requirement If you are applying for a UK visa that requires you to prove your level of English, our expert Immigration Solicitors will be able to guide you. You can prove your knowledge of English by either: - Passing an approved English language test at the required level (varies depending on the visa) in reading, writing, speaking and listening; or - Having an academic qualification that has been taught in English and is recognised as being equivalent to a UK bachelor’s degree. Furthermore, you may be exempt or are able to show to meet the English language requirement in other ways. Find out more by booking a consultation with our Solicitors who are based in central London. A detailed consultation will ensure that you leave with a greater understanding of what is required of you to make a successful visa application. ## Exemptions from A2 English Language Requirement The changes will not affect all applicants. The exemptions from meeting the A2 English Language Requirement are: - applicants who are 65 or over at the date of application; - applicants with a disability preventing them from meeting the language requirement; - exceptional circumstances; ## Immigration Advice for a ‘Family of a Settled Person’ Visa [Our expert Solicitors](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) at LexLaw have a very high success rate in UK family based applications and treat each case individually, providing detailed assessments to our clients. Our detailed consultations are to ensure that you are eligible to make a ‘family of a settled person’ visa application. If you decide to instruct us we will provide you with a bespoke documents list tailored to your circumstances. Our city of London solicitors will guide you through the financial, language and relationship requirements in accordance with the UK Immigration Rules. Making the process as easy as possible and working hard to get a successful result. Our team of experienced and professionally qualified immigration solicitors and barristers will be able to go through the Home Office’s requirements with you. As well as, the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. [Contact us](https://immigrationandvisasolicitors.co.uk/contact-us/) so that we can review your case and provide you with an assessment. ## --- # UK Immigration Updates: Home Office delays in processing EEA Applications Source: https://immigrationandvisasolicitors.co.uk/eea-applications-processing-times/ *Following Prime Minister Theresa May’s latest announcement confirming that the UK will begin formal negotiations to leave the European Union in March 2017, has resulted in [EEA nationals](https://www.gov.uk/eu-eea) applying to regularise their status in the UK, as expected. **The growing uncertainty around the future of EEA nationals has been fuelled by the Prime Minister's reluctance to comment on the future of  the current Free Movement laws and whether there will be immediate changes. It is astonishing that 4 months on from the [EU referendum](https://immigrationandvisasolicitors.co.uk/home-office-publishes-statement-status-eu-nationals-uk/), EEA nationals are still unaware of their future in the UK and as a result, this has prompted many EEA nationals to apply to regularise their status in the UK. Due to an unprecedented increase in the number of applications, it is likely there will be severe delays in the Home Office processing times of EEA applications. * ## Processing times for EEA applications in the UK If you have submitted an EEA application you should expect to receive a decision from the Home Office within 6 months from the date you  submit your application. The Home Office must ensure they act in accordance with their statutory obligation which requires a decision to be delivered and a residence document to be issued no later than six months after the date on which the application and documents are received. The Immigration [(EEA) Regulation 2006](http://www.legislation.gov.uk/uksi/2006/1003/contents/made), paragraph [17 (3)](http://www.legislation.gov.uk/uksi/2006/1003/regulation/17/made) states: > *"On receipt of an application under paragraph (1) or (2) and the documents that are required to accompany the application the Secretary of State shall immediately issue the applicant with a certificate of application for the residence card and the residence card shall be issued no later than six months after the date on which the application and documents are received."* A common query that arises among EEA nationals is whether there any enforcement actions can be taken against the Home Office when there is a failure to meet the prescribed 6-month obligation to make a decision on an application made by an EEA national or their family member.  In theory, you may be entitled to claim damages from the Home Office for consequential losses.  However, in reality, it may not be practical to peruse a legal remedy against the Home Office, it is near impossible to prove damages suffered. In the vast majority of cases, damages is an inadequate remedy as it would be difficult to prove and the main goal is to get a decision on an application. For reasons mentioned above,  it is important you submit your application and supporting documents with the correct guidance as this is likely to increase your chance of submitting a successful application. We regularly assist EEA nationals in submitting successful applications. ## Can you apply for a fast-tracked decision on your EEA application Whilst there is no fast track priority service for EEA applications, there are some circumstances where you can request for an [expedited](https://www.gov.uk/government/publications/processes-and-procedures-for-eea-documentation-applications) decision. It is important to note that if you request for an expedited decision you will need to demonstrate that there [extenuating or compelling circumstances](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/549168/Processes_and_procedures_for_EEA_documentation_applications_v4.0.pdf) surrounding your application. From our experience, it is difficult to request for an accelerated decision but with the right guidance, it is possible. The Home Office may accept your request where there are family emergencies such family bereavements or illnesses involving immediate family members but will not allow family celebrations or holidays to fall under compelling circumstances. The UKVI guidance was recently updated on 30 August 2016 and now states that you can request to receive an expedited decision by emailing BRCDelivery@homeoffice.gsi.gov.uk. You would need to include the following information in your email: - Your full name and Date of Birth; - Date you submitted your application and recorded delivery number (if relevant); and - Application reference number. ## Advice from UK Immigration Solicitors on submitting a successful EEA application and requesting an accelerated decision [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your EEA application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about submitting a EEA application please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # UK Businesses & Employers: Compliance with Tier 2 and Tier 5 Visa Sponsor Duties Source: https://immigrationandvisasolicitors.co.uk/business-licensed-sponsor-compliance/ *In recent months, [Immigration Enforcement](https://www.gov.uk/government/organisations/immigration-enforcement) has been working relentlessly in their intelligence led operations to tackle illegal working. They are determined to identify individuals who are abusing the UK immigration system and have been imposing penalties on rule breakers. Licensed sponsors who employ illegal workers may be faced with penalties of up to £20,000 per worker; their licence may also be downgraded, revoked or suspended. The Home Office continue to encourage people to comply with immigration rules and to report any suspicious dealings.* ## Tier 2 & Tier 5 Business Sponsor Duties and Responsibilities As a licensed sponsor, you will be expected to ensure that the system is not abused as you are a direct benefactor from employing foreign migrants. From the day your [licence](https://www.gov.uk/uk-visa-sponsorship-employers) has been granted, you are responsible to [comply with immigration rules](https://web.archive.org/web/20160609123538/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/515819/Tier_25_guidance_04-16_v1.2.pdf) in relation to the workers you are sponsoring. If you fail to comply with your duties, you may be charged with a criminal offence in certain situations or you may be faced with [civil penalties](https://www.gov.uk/government/publications/illegal-working-penalties-london-and-the-south-east) that can cost you thousands of pounds. Duties that apply to licensed sponsors in all tiers include the following: - Record keeping duties; - Reporting duties; - General compliance; and - Co-operation with the Home Office. ## Licensed Business Sponsor Continuing Record Keeping and Reporting Duties As a responsible employer, it will be your duty to carry out a [right to work check](https://www.gov.uk/government/publications/carry-out-a-right-to-work-check) on all of your employees. Firstly, You will be obliged to obtain original documents from your employees. Secondly, you are responsible to check whether the documents are genuine and to spot any inconsistencies across a migrants’s documents. Furthermore, it will be your responsibility to ensure that the employed migrants are not breaching any work restrictions attached to their grant of leave. Licensed sponsors are expected to take the initiative to carry out[ further checks](https://www.gov.uk/legal-right-work-uk) on right to work if the migrant's grant of leave has limitations. If you are unsure whether certain restrictions apply to your employee, you are always advised to take appropriate steps to seek further confirmation. Following a [thorough check of the documents](https://www.gov.uk/government/publications/right-to-work-checklist), licensed sponsors are obliged to keep copies of those documents of all sponsored migrants. These include passport, proof of leave to remain e.g. Biometric Residence Permit and residence cards, National Insurance number, and their personal information e.g. contact details. Licensed sponsors are expected to keep track of any changes to the migrant's residential address and contact details. As the employment progresses, you are advised to keep a continual record of their payslips, tax documents, and attendance records. Additionally, you must report any non-attendance, non-compliance or disappearances of your sponsored migrants. If any details regarding your sponsored migrant’s employment condition change, you will also be responsible to report these events and information using the [Sponsor Management System (SMS)](https://immigrationandvisasolicitors.co.uk/uk-home-office-updates-tier-2-and-tier-5-sponsors-new-sms-priority-service/). These changes may include changes in level of salary, promotions, job titles, and work locations. ## Continuing General Compliance Issues and Co-operation with the Home Office In the process of you Sponsor Licence application you may already have noticed several compliance issues. For instance, Tier 2 or 5 sponsors must ensure that they employ only [appropriately qualified and experienced individual ](https://www.gov.uk/government/publications/sponsorship-codes-of-practice-for-skilled-workers)to fill genuine vacancies. You must also comply with other legislation that concern [employment](https://www.gov.uk/browse/employing-people/contracts) and are applicable to the type of business you are operating. The Home Office may visit a sponsor’s site prearranged or [unannounced](https://immigrationandvisasolicitors.co.uk/tier-2-business-sponsors-increase-ukvi-compliance-visits-may-05-2016/). A UKVI official will be responsible in checking whether sponsors continue to possess the appropriate resources to sponsor migrants; they may also request to inspect your record keeping practices. Interviews with you and your employees may also take place in order to review whether immigration rules are not breached. When a compliance officer visits a sponsor's site, co-operation will be expected in forms of allowing full access to the sponsor site and documents, and reasonable assistance in completing a compliance visit. ## UK Business Immigration Compliance Check with LEXLAW Solicitors & Advocates Our advice for UK businesses/employers (corporate clients) and education providers encompass the following: - Ongoing compliance with UK immigration laws and sponsorship duties for Tier 2, Tier 4 and Tier 5 Sponsor; - Advice on prevention of illegal working; - Assistance with Home Office Audits; - Advising on appropriate record keeping and monitoring processes; - Training for businesses and educational institutions, including training on compliance procedures and recruiting international staff and students; and - Keeping you updated with the changes in UK Immigration Law. Our team of experienced and professionally qualified solicitors and barristers are ready to provide you with effective solutions to your business immigration needs. Our expert immigration solicitors based in London, provide business clients with a tailored service and are on hand to expedite the sponsor licence process. We ensure that we help you achieve and maintain an A rated sponsor licence and provide ongoing compliance checks to ensure you are aware of your duties as a Home Office registered sponsor. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about Sponsor Licence compliance duties and responsibilities or submitting a Sponsor Licence application please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # Immigration Requirements for UK Landlords – Home Secretary Amber Rudd announced plans to introduce new criminal penalties Source: https://immigrationandvisasolicitors.co.uk/home-secretary-amber-rudd-announced-new-criminal-penalties/ *The Home Secretary, Amber Rudd, announced plans to introduce new criminal penalties for Landlords in the UK. Landlords are already required to carry out [right to rent checks ](https://www.gov.uk/check-tenant-right-to-rent-documents/how-to-check)and make sure that no illegal immigrants are occupying their properties. The aim of the right to rent checks is to regularise tenants' status in the UK. Failure to carry out the compulsory checks may result in civil penalties up to £3000. * ## Landlords may have to pay criminal penalties for non - compliance with UK Immigration Rules The Home Secretary announced that landlords who don't comply with the Immigration Rules and do not carry out the [right to rent checks](https://immigrationandvisasolicitors.co.uk/home-office-announces-right-rent-check-uk-landlords/) on their tenants will be committing a criminal offence. Amber Rudd expressed her plans to introduce new criminal penalties. The Home Secretary stated: > "So today, I am announcing that from December, landlords that knowingly rent out property to people who have no right to be here will be committing a criminal offence. They could go to prison." Amber Rudd also announced that mandatory immigration status checks under this year's legislation, including on those who apply for taxi drivers' licences, would come into effect this December. ## UK Landlords have a duty to conduct right to rent immigration checks UK Landlords must check if the tenant or lodger can legally rent the property. Before the start of  a new tenancy, all tenants should be checked. This also refers to tenants who are not named on the tenancy agreement or when the tenancy agreement is not in writing or no tenancy agreement has been signed. If your tenant is allowed to stay in the UK for a limited period of time, you will need to carry out the checks again in the 28 days before the start of the tenancy. There are some types of tenants that are exempt from the checks. You may wish to check whether your checks are [obligatory](https://www.gov.uk/private-renting/document-checks). ## Right to Rent Checks for UK Landlords You will need to ensure you asked your tenants for their original documents. After checking if tenants have a right to reside in the UK, you will need to take copies of documents and keep them in your record. The documents must be original and belong to the tenant. You will need to check if the dates for the tenant's right stay in the UK have not expired and whether the photographs are real. In addition, check the dates of birth, names and supporting documents, e.g. marriage certificate or divorce decree.  If unsure of the result of your checks, you might want to contact the Home Office in order to use the [landlord's checking service](https://eforms.homeoffice.gov.uk/outreach/lcs-application.ofml) to fin out if your tenants are allowed to rent the property. ## Civil Penalties for non-compliance with Immigration Rules You might be fined if you rent a property to someone who is not allowed to reside in the UK and you can't show that you have carried out right to rent checks. You could get a referral notice letting you know that you are under investigation and you can get a fine ('civil penalty). After a consideration of your case you can either receive a 'no action' notice or a civil penalty with the amount you need to pay. The amount of penalties is different for lodgers in a private household and for tenants in rented accommodation. The amount of the first penalty for a lodger is £80 and £500 for further penalties. The penalty for tenants is much higher, being £1000 and £3000 for further penalties. You have a right to object a penalty within 28 days, if you're not liable to pay the penalty, e.g. you are not the landlord, you have made a correct check or the penalty is not calculated properly. ## Expert Immigration Advice on Right to Rent Checks & UKVI Appeals Landlords may not be liable to face civil penalties where they have conducted the initial right to rent checks before issuing the tenancy agreement. Landlords will  be required to conduct follow-up checks and inform the Home Office if the follow-up checks demonstrate that their tenant may no longer have the right to rent. A failure to comply with the right to rent checks may result in the landlord facing civil penalties and/or imprisonment. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice on how to conduct right to rent checks or appealing penalties please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**.** --- # UK Businesses: HR Brexit Advice for Employers of Key EEA workers Source: https://immigrationandvisasolicitors.co.uk/hr-brexit-advice-for-employers-key-eea-workers/ *BREXIT has created a great deal of uncertainty as to future UK immigration policies, and it is crucial for UK employers to begin devising a proactive Human Resources strategy.  Being prepared will avoid the rush of applications likely upon BREXIT and will ensure the continued ability of businesses to employ key EEA workers (who will become foreign skilled workers, upon BREXIT).* Since the referendum in June, there had been a cloud of uncertainty surrounding immigration negotiations between the UK and the EU. Early this month, Prime Minister Theresa May pledged that the [formal Brexit procedure](http://www.bbc.co.uk/news/uk-37533727) will be triggered, by way of Article 50, by April 2017. Earlier this week, she also introduced a [‘targeted visa system’](http://www.independent.co.uk/news/uk/politics/theresa-may-plans-targeted-visa-system-cabinet-brexit-latest-a7368446.html) alongside with the [continued regime](http://www.politico.eu/article/theresa-may-commits-to-targeted-visa-immigration-system-uk-government-hard-brexit/) of reducing net migration and clamping down on illegal working. With immense changes coming to the UK’s way, it will be crucial for UK business owners to keep closely to immigration changes. As the changes are announced, it will be likely that there will be a mass of application in compliance with new rules. HR departments of UK businesses will be demanded to act rapidly to beat the application backlog that could develop. Our firm provides a few useful tips for UK businesses and employers to take reference. ## Brexit Key Worker HR Strategy for UK Businesses & Employers - Identify all employees that are European Economic Area (EAA) nationals - Identify all employees that derive their right to work in the UK based on an EEA family member’s status as an EEA national - Determine which employees are key workers for the business - Consider supporting key workers by funding or part-funding their applications for Permanent Residence or British nationality - Consider obtaining a Sponsorship Licence for the business or if such a licence already in place ensure compliance with the licence conditions ## Who is an EEA National? EEA nationals are citizens of one of the following countries (those who have permanent residence in the EEA but not citizenship are not EEA nationals): Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK. Iceland, Liechtenstein and Norway are not part of the EU but are EEA member states. Switzerland is neither EU nor EEA but current UK EEA regulations extend free movement rights to all EEA and Swiss nationals. ## Cost of UKVI Application for Residence or Nationality Home Office fees in respect of [Permanent Residence](https://www.gov.uk/government/publications/apply-for-a-document-certifying-permanent-residence-or-permanent-residence-card-form-eea-pr) [applications](https://immigrationandvisasolicitors.co.uk/immigration-updates-new-online-permanent-residence-european-passport-return-service/) are just £65, which is significantly less, in comparison to the [Indefinite Leave to Remain (Settlement) ](https://www.gov.uk/government/publications/visa-regulations-revised-table)application of £1875 and the[ Naturalisation](https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply) application fee of £1236. Key workers should be directed to [skilled immigration solicitors](https://immigrationandvisasolicitors.co.uk/), who are experienced and sensitive to immigration rules changes, to ensure that a carefully considered and prepared application can be submitted. This includes a meticulously prepared bundle of supporting documents and detailed legal representation. Such high quality representation will ensure that key worker applications to the Home Office are not refused or delayed or causing inconvenience to the key worker and the business. ## UK Business Sponsor Licence We expect that a [Sponsor Licence](https://www.gov.uk/uk-visa-sponsorship-employers) system will continue to be in place to regulate foreign highly skilled workers. With increasing enquiries in relation to Sponsor Licence applications, below is a brief guide on what aspects to consider when preparing an[ application](https://www.gov.uk/apply-sponsor-licence) for a Sponsor Licence. - Is your business eligible? - Which type of licence you wish to apply for, in accordance with the type of worker you wish to sponsor? - Will you be able to appoint an authorising officer to be responsible for managing all sponsored migrants within your business? When submitting a Sponsor Licence application, you will need to provide [supporting documents](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/514467/Appendix_A_04-16__v1.0.pdf) to show that your business has appropriate resources in place to maintain sponsored migrants and continue to carry out your [sponsorship duties](https://www.gov.uk/government/publications/sponsor-a-tier-2-or-5-worker-guidance-for-employers). [Sponsorship compliance and duties are ongoing](https://immigrationandvisasolicitors.co.uk/business-licensed-sponsor-compliance/) and your business will be responsible to ensure that at any point of time, no [illegal workers](https://www.gov.uk/government/collections/employers-illegal-working-penalties) are being employed. With regards to the [type of licence](https://www.gov.uk/uk-visa-sponsorship-employers/types-of-licence), you may apply for either a [Tier 2 Sponsor Licence](https://web.archive.org/web/20160829091456/https://immigrationandvisasolicitors.co.uk/case-study-successful-tier-2-sponsor-licence-for-uk-business-2/) or a [Tier 5 Sponsor Licence](https://web.archive.org/web/20161017122205/http://immigrationandvisasolicitors.co.uk:80/7486-2-uk-tier-5-sponsor-licence-for-businesses-and-employers/). Tier 2 licences are for sponsoring skilled workers with long term job offers, whereas Tier 5 licences are for sponsoring skilled temporary workers. For either category, there are strict regulations in place to ensure that [suitable jobs](https://www.gov.uk/government/publications/sponsorship-codes-of-practice-for-skilled-workers) are assigned to skilled migrants on a suitable rate of pay. Furthermore, businesses will need to satisfy advertising requirements to meet the demands of the [Resident Labour Market Test (RLMT)](https://web.archive.org/web/20160609123538/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/515819/Tier_25_guidance_04-16_v1.2.pdf) before assigning a [Certificate of Sponsorship (CoS)](https://www.gov.uk/uk-visa-sponsorship-employers/sponsorship-certificates) to a potential employee. When your application is approved, you will be listed on the Register of Sponsors, and will receive initially an [A-rated licence](https://www.gov.uk/uk-visa-sponsorship-employers/your-licence-rating). A downgrade to a B-rated licence can cause significant obstacles to your business and it will financially burden your business in attempt to upgrade the licence. ## Successful Permanent Residence or Naturalisation Applications and Successful UK Business Sponsor Licence Applications Ensuring Ongoing Compliance Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through these procedures step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Sponsor Licence applications can be complicated at times as the Home Office have [imposed highly specific requirements](https://immigrationandvisasolicitors.co.uk/home-secretary-announced-new-restrictions-immigration-law/) for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the Sponsor Licence process. We ensure that we assist you to achieve and maintain an A-rated Sponsor status and provide ongoing compliance checks to ensure you are aware of your duties as a registered Sponsor. [Our team of experienced and professionally qualified solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) will be able to guide you through your [UK Sponsorship Licence application](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now at 02030110276 for a telephone case assessment. --- # UK Business Immigration: Changes to Tier 2 Visas from 24 November 2016 Source: https://immigrationandvisasolicitors.co.uk/business-immigration-changes-tier-2-visa-24-november-2016/ *The United Kingdom government has announced changes to the UK immigration rules for Tier 2 visa applications made on or after 24 November 2016. * ## Tier 2 General Visa Applications You can apply for a Tier 2 (General) visa if you’ve been offered a skilled job in the UK and you’re from outside the European Economic Area (EEA) or Switzerland. Following a review of the Tier 2 visa route, the Home Office UKVI department announced significant reform to Tier 2 (Intra-Company Transfer) Visas. The changes will streamline the Tier 2 ICT visa into a single visa category.  The changes come about in two stages, firstly in November 2016 then in April 2017. ## Changes to Tier 2 Visas: The changes will come into effect for all Certificate of Sponsorship (CoS) assigned by Tier 2 sponsors on or after 24 November: - Increasing the Tier 2 (General) salary threshold for experienced workers to £25,000, with some exemptions; - Increasing the Tier 2 (Intra-Company Transfer) salary threshold for short term staff to £30,000; - Decreasing the Tier 2 (Intra-Company Transfer) graduate trainee salary threshold to £23,000 while increasing the number of places to 20 per company per year; - Closing the Tier 2 (Intra Company Transfer) skills transfer sub-category; and - Eventually (date not yet annnounced), Intra Company Transfers will be liable for the[ Immigration Health Surcharge](https://www.gov.uk/healthcare-immigration-application/overview) which currently costs £150 to £200 per year. ## Successful Tier 2 UK Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on [02030110276](tel:02030110276) or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # Apply to the UK Home Office for a Tier 1 Investor Visa Source: https://immigrationandvisasolicitors.co.uk/home-office-uk-tier-1-investor-visa/ *[Tier 1 Investor Visa ](https://www.gov.uk/tier-1-investor/overview)is an option for non-EEA Nationals, who want to invest £2,000,000 or more in the UK. Applicants must have access to at least £2,000,000 investment funds, be able to prove that the money belongs to them or their spouse or partner and have opened a UK bank account.* ## How to apply for Tier 1 Investor Visa According to the [UK Department for International Trade](https://www.gov.uk/government/organisations/department-for-international-trade), the new FDI figures show UK’s record number of inward investments project and creation the second highest number of jobs ever in 2015 to 2016. The UK is the top European destination for investment from emerging markets. Our experienced solicitors help investors to submit successful applications and explore their options in the UK. The process of applying for a Tier 1 Investor visa involves completing the application form and submitting a bundle of supporting documents to the [Home Office](https://www.gov.uk/government/organisations/home-office). Your application will be considered by a caseworker and you will need to satisfy all the requirements set out in the Immigration Rules. The Tier 1 route is addressed to non-EEA investors considering opportunities in the UK. We provide a bespoke service from assessing whether you meet the Home Office requirements to the submission of your application to the Home Office providing you with a complete and stress-free service. ## Requirements for Tier 1 Investor Visa In order to apply for a Tier 1 Investor Visa you need to be from outside[ the European Economic Area ](https://www.gov.uk/eu-eea)and Switzerland wishing to invest £2,000,000 in the UK. Applicants must meet the following eligibility criteria: - you must be 18 or over - you must be able to provide evidence that the money belongs to you, your spouse or partner - you must have opened a UK bank account - your funds must be held in one or more regulated financial institutions - your funds must be free to spend (‘disposable’) in the UK To ensure your application is processed without delay, you should ensure you provide all of the necessary documents which show how you have access to the funds and meet all the eligibility criteria. Not submitting important documents or failing to highlight them can result in the application being rejected and having to start again and pay further Home Office fees. ## Your Rights on a Tier 1 Investor Visa If you are successful with your application and your Tier 1 Visa is granted, you will be able to invest £2,000,000 or more in UK government bonds, share capital or loan capital in active and trading UK registered companies. You will also be able to work or study in the UK. You might consider applying to fast track your settlement in the UK after 2 or 3 years of your stay. We have recently written about the accelerated Indefinite Leave to Remain applications for Tier 1 Investors, which you can find [here](https://immigrationandvisasolicitors.co.uk/uk-tier-1-investor-indefinite-leave-remain/). During your stay on a Tier 1 visa you will not be able to invest in companies mainly engaged in property investment, property management or property development or work as a professional [sportsperson ](https://immigrationandvisasolicitors.co.uk/tier-2-uk-visa-options-non-eea-national-sportspersons/)or sport coach. You will also not be eligible to get public funds. There are also some restrictions for doctors and dentists. You might be eligible to apply for a different kind of visa. Please do not hesitate to contact our solicitors who would explore your options with you. ## Supporting documents for Tier 1 Investor Visa Application You will need to provide evidence showing that you have the required investment funds. If you are using your own money to invest, you should show how much money you have and where it’s being held, the source of your funds and that the money can be transferred if it’s not already in the UK. You will need to provide further documents when using your partner’s money. You will need to make sure that all the documents are in correct format. The [Home Office](https://www.gov.uk/government/organisations/home-office) (UKVI) has set out specific documentary evidence you are required to provide for the Tier 1 Investor Visa. It is important to ensure you have the correct documents in support of your application to avoid delays and ensure your application is successful. ## Using Legal Representation to Apply for Tier 1 Investor Visa Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit a Tier 1 Investor Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 1 Investor Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Tier 1 Graduate Entrepreneur Visa Application Source: https://immigrationandvisasolicitors.co.uk/uk-tier-1-graduate-entrepreneur-visa/ *If you are a recent graduate from outside the EEA and Switzerland and you possess relevant entrepreneurial skills to develop a genuine and credible business in the United Kingdom (UK), you may be eligible to apply for a [Tier 1 Graduate Entrepreneur visa](https://web.archive.org/web/20170310200422/https://www.gov.uk/tier-1-graduate-entrepreneur-visa/overview). To be eligible for a Tier 1 Graduate Entrepreneur visa, you must: (a) hold a [UK recognised academic qualification](https://www.naric.org.uk/naric/Individuals/Compare%20Qualifications/default.aspx) (Bachelor’s, Master’s, or PhD) and (b) obtain an endorsement from either a [Higher Education Institution (HEI)](https://www.gov.uk/government/publications/endorsing-bodies-tier-1-graduate-entrepreneur) or the [Department for International Trade (DIT)](https://www.gov.uk/government/organisations/department-for-international-trade). The specific supporting documents that you will need to provide will depend on which route of endorsement you will be adopting.* ## How to Apply for a Tier 1 Graduate Entrepreneur Visa The process comprises of 2 stages. Firstly, you must be endorsed by either a Higher Education Institution (HEI) that is an authorised endorsing agent or by the Department of International Trade (DIT). Secondly, after you have obtained an endorsement, you can move forward to make the visa application in accordance with [Immigration Rules](https://www.gov.uk/guidance/immigration-rules). Below are the essential criteria that you will need to satisfy to be eligible for the [Tier 1 Graduate Entrepreneur visa](https://www.gov.uk/government/publications/guidance-on-applications-under-tier-1-graduate-entrepreneur): > - Be from outside the EEA and Switzerland; > - Have obtained an endorsement from a HEI or DIT; > - Hold a UK recognised Bachelor’s degree, Master’s degree or PhD; > - Satisfy the English language requirement (you may be exempt from the requirement if you are a national of a majority English speaking country or if you hold a Bachelor’s or Master’s degree or PhD that is taught in English and is equivalent to UK qualifications); > - Meet the maintenance requirements. You will need to have held £945 in savings if applying from inside the UK or £1890 if applying outside of the UK. You will have to demonstrate that you have held these funds for 90 consecutive days immediately prior to your date of application; > - Do not fall under the [general grounds for refusal in accordance with Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal). ## How to Apply for Endorsement from a HEI The [Home Office](https://www.gov.uk/government/organisations/home-office) regularly review the list of authorised endorsing bodies and often invite HEIs to be part of this Graduate Entrepreneur scheme. HEIs, often universities, usually notify their students when they have become listed as an authorised endorsing body and they will invite students to apply for an endorsement. When students proceed to request for an endorsement, they will likely enter a competitive selection process. This is because there is only 2000 available endorsements annually in the whole of UK. In those 2000 places, 1900 places has been allocated to HEIs; this is then shared amongst 124 HEIs currently. This means that each HEI will have a limited number of endorsements and they will have to ensure that they endorse only the best candidates. You should be prepared to produce an extensive business plan and be able to pitch and present your business as genuine and credible. ## How to Apply for Endorsement from the DIT The DIT is engaged in a non-profit partnership with a consortium of private companies and charities to run ‘[The Sirius Programme](http://www.siriusprogramme.com/)’. This programme will provide a full support package to enable promising entrepreneurs with credible innovative ideas to launch their businesses. The annual limit of endorsements under The Sirius Programme is set at 100, applicants should ensure that they meet the high standard of criteria set out by the DIT in order to be successful in their request for endorsement. ## Important Need-To-Knows for Tier 1 Graduate Entrepreneurs If you are successful in your visa application, you will be granted a maximum of 1 year Leave to Enter or Remain in the UK. You may extend your Tier 1 Graduate Entrepreneur visa before it expires. Depending on your current situation, you may also be eligible to switch to a Tier 1 Graduate Entrepreneur visa. The application fees and processing time vary depending on your situation. Once you are in the UK as a Tier 1 Graduate Entrepreneur, you are expected to spend the majority of your time on your business; you may set up as a sole trader, partnership or limited company. There are possibilities to take on a second job or to study; however, there are strict regulations around these activities. ## Using Legal Representations to Apply for the Tier 1 Graduate Entrepreneur In order to adequately evidence the aforementioned criteria and to ensure that your application is processed without delay, you should ensure that you compile all supporting documents meticulously in accordance with the Immigration Rules. Not being able to submit specified documents or failing to highlight them can result in your application being refused. Not only does this mean that you may have to make a fresh application and pay the Home Office fees again; it may also mean that you will have an ‘adverse immigration history’ in light of your refusal. This may significantly lengthen the time that the Home Office will take in processing any future applications that you make. Hence, it is often more beneficial to instruct experienced immigration lawyers to assist you in your Tier 1 Graduate Entrepreneur visa application. ## Successful Tier 1 Graduate Entrepreneur Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Apply to the Home Office for a UK Domestic Worker Visa in Private Households Source: https://immigrationandvisasolicitors.co.uk/uk-visa-domestic-worker/ *[Domestic workers ](https://www.gov.uk/domestic-workers-in-a-private-household-visa/overview)who wish to visit the UK with their employer can apply to the [Home Office ](https://www.gov.uk/government/organisations/home-office)for a Domestic Worker visa to be able to work in a private household. This visa is available for workers from outside the EEA and Switzerland who have worked for their employer for at least one year and are required to accompany their employer on their visit to the UK for up to 6 months.* ## Who can apply for a Domestic Worker Visa The Domestic Worker Visa application is available for domestic workers in private households who wish to visit the UK with their employer. The list of domestic workers can be found on the Home Office website and includes: - cleaners - chauffeurs - cooks - those providing personal care for the employer and their family - nannies ## UK Home Office Requirements for a Domestic Worker Visa In order to qualify for a Domestic Worker Visa you will need to be a domestic worker in a private household and have worked for your employer for at least one year. The application can be submitted by applicants from outside the [European Economic Area (EEA) ](https://www.gov.uk/eu-eea)and Switzerland who meet the eligibility criteria. Amongst the requirements, that would need to be met, you must provide evidence that you: - are between 18 and 65 years old - plan to travel to the UK with your employer, their partner or children - work in the same household as your employer or one they use regularly - intend to work as a full-time domestic worker in a UK household your employer will live in - plan to leave the UK at the end of 6 months or at the same time as your employer, whichever is sooner - are able to support yourself in the UK without the need for [public funds](https://www.gov.uk/government/publications/public-funds--2) To ensure your application is processed without delay, you should ensure you provide all of the necessary documents which show how you have met the above requirements. Not submitting important documents or failing to highlight them can result in the application being rejected and having to start again and pay further Home Office fees. It is often better to instruct immigration lawyers to assist you with your application. ## UK Home Office Requirements for an Employer of a Domestic Worker Your employer must be either a British or EEA national who usually lives outside the UK and does not intend to remain in the UK for more than six months. They might also be a foreign national coming to the UK on a visit visa, as long as they don’t intend to remain in the UK for more than six months. Both you and your employer must comply with the Immigration Rules. You may lose your visa if your employer breaks any of the Immigration Rules. You will also need to be paid the [national minimum wage](https://www.gov.uk/national-minimum-wage-rates) and not be forced to work excessive hours. Your employer should give you agreed pay and give you the notice you're entitled to if your employment ends. ## How to apply for a Domestic Worker Visa The process involves filling out the Home Office's online form and then preparing and submitting a bundle of supporting documents to the Home Office for consideration by a caseworker. You will need to provide evidence that you can support yourself during the trip, details of where you’ll be staying and your return travel booking. You will also need to provide information about your job and employer. The [Home Office](https://www.gov.uk/government/organisations/home-office) (UKVI) has set out specific documentary evidence you are required to provide with your application. It is important to ensure you have the correct documents in support of your application to avoid delays and ensure your application is successful. ## Using Legal Representation to Apply for a Domestic Worker Visa Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit a Domestic Worker Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Domestic Worker Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Alternative UK Visas: Van der Elst Visa & Tier 5 Youth Mobility Scheme Visa Source: https://immigrationandvisasolicitors.co.uk/van-der-elst-visa-tier-5-youth-mobility-scheme-visa/ *Since the introduction of the Point Based System (PBS) visas, overseas workers often overlook the possibility of exploring alternative visa routes to enter the UK as a Non-EEA worker. Overseas Applicants often assume the only route to enter the UK as a worker is to make an application under the [Tier 2](https://web.archive.org/web/20161212082855/https://immigrationandvisasolicitors.co.uk/business-immigration-changes-tier-2-visa-24-november-2016/) (General) visa. However, in reality, this is not the only route available to enter the UK as a worker. Applicants can also apply using alternative visas such as the [Van Der Elst ](https://www.gov.uk/government/publications/non-eea-and-swiss-nationals-working-in-the-eu-eun04/non-eea-and-swiss-nationals-working-in-the-eu-van-der-elst-and-swiss-posted-workers-eun04)visa or [Tier 5 Youth Mobility](https://www.gov.uk/tier-5-youth-mobility/overview) visa if the eligibility requirements are met.* Van der Elst and Tier 5 Youth Mobility Scheme visa applications can be made by LEXVISA Immigration Solicitors in London ## Apply to UKVI for a UK Van der Elst Visa: An established and prominent judgment handed down by the European Court of Justice in *Raymond Vander Elst v Office des Migrations Internationales (case C-43/93) *has led to the introduction of the Van der Elst visa which is considered as an alternative visa route to enter the UK as a worker. It was held that non-EEA employee’s working for an EU employer may be able to come to provide a service in the UK or any other member state without having to obtain a work permit.  To submit a successful application to the Home Office, the following requirements must be satisfied: - You must be a lawful resident, in the EU member state where your employer’s organisation is established; - Your EU employer must be temporarily providing a service in the UK; - You must be an official employee on a full-time basis, if your visa is granted you will not be permitted to engage in any other form of employment; and - Your visa will only be valid for the period where your employer is providing a service in the UK. You should note that your visa will be granted for a maximum of 90 days. The benefits of this particular visa are that any individual within the company may apply, it is not necessary for an employee, to hold a senior position or have a particular skillset. Unlike the Tier 2 visa, there is no minimum salary threshold required. Essentially all you would need to demonstrate is that you are employed by an employer who is established in the EU and is looking to provide a service in the UK for a specific period of time. This particular visa does not entail an application fee. ## Apply for a UK Tier 5 Youth Mobility Scheme (YMS) Visa Another alternative to the [Tier 2 (General)](https://web.archive.org/web/20161212082855/https://immigrationandvisasolicitors.co.uk/business-immigration-changes-tier-2-visa-24-november-2016/) visa is the Tier 5 (Youth Mobility Scheme) visa. The Tier 5 YMS visa is specifically designed for 18 to 30-year-olds who are planning to come to the UK. If your visa is granted by the UKVI, you will be given Entry Clearance for two years and this will allow you to freely work and live in the UK until your leave expires. To apply for a Tier 5 YMS visa you must be from one of the following countries: Australia, Canada, Japan, Monaco, New Zealand, Hong Kong, Republic of Korea or Taiwan. The following people can also apply for a Tier 5 YMS visa, British Overseas Citizens, British Overseas Territories Citizens or Overseas British Nationals. You will need to demonstrate a minimum cash savings threshold of £1890, as you will not have access to public funds. The Tier 5 YMS requirements are not as stringent as other work visas. However, you may not be eligible to submit a Tier 5 YMS visa application to the Home Office if you have children who are currently residing with you and financially dependent on you. ## Successful UK Van der Elst and Tier 5 Youth Mobility Visa Applications Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our contact form. --- # Apply to the UK Home Office for a Tier 1 Entrepreneur Visa Source: https://immigrationandvisasolicitors.co.uk/uk-tier-1-entrepreneur-visa-application/ *The United Kingdom continues to be one of the top destinations for business investment despite the recent uncertainties surrounding Brexit. Multinational companies, such as [Google](http://www.bbc.co.uk/news/business-37988095), still see the UK as a place with great talents and potential. If you have a credible business idea to [set up in the UK](https://www.gov.uk/government/publications/entrepreneurs-setting-up-in-the-uk/entrepreneurs-setting-up-in-the-uk) or wish to take over an established UK business, you may utilising talents in the UK and maximising the success of your business. The [Tier 1 Entrepreneur](https://www.gov.uk/tier-1-entrepreneur/documents-you-must-provide) visa is an option to enable you to set up a thriving business in the UK, if you are a non-EEA national. To be eligible for the Tier 1 Entrepreneur visa, you must have at least £50,000 investment funds from recognised sources available to you.* ## Apply for Tier 1 Entrepreneur Visa to UK Home Office You will need to satisfy the eligibility requirements for the visa and you must adequately evidence this; once you have compiled a strong application, you may make an immigration application to the UK Home Office. There are different applicable eligibility requirements depending on whether you have access to £50,000 or £200,000 of investment funds. Nonetheless, below are some essential and common criteria: > - Your funds must be held in regulated financial institutions; > - Your funds must be freely accessible to you to invest into the UK; > - You must be at least 16 years old; > - You must satisfy the English language requirement (you may be exempt from the requirement if you are a national of a majority English speaking country or if you hold a Bachelor’s or Master’s degree or PhD that is taught in English and is equivalent to UK qualifications); > - You must demonstrate that you have sufficient funds to maintain and support yourself whilst you are in the UK (personal savings of £3,310 if applying from outside of the UK and £945 if applying from inside of the UK); > - You must satisfy the '[genuine entrepreneur test](https://web.archive.org/web/20190320194244/https://immigrationandvisasolicitors.co.uk/uk-home-office-business-visa-requirements-tier-1-genuine-entrepreneur-test/)'; > - You do not fall under the [general grounds for refusal in accordance with Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal). As part of your application, you are always expected to submit an extensive business plan with your application to demonstrate that you have a genuine and credible business idea. Furthermore, the [Home Office](https://www.gov.uk/government/organisations/home-office) imposes strict specified documentation rules onto applicants to demonstrate that they satisfy all relevant criteria. You must be cautious that you are submitting the correct documents that satisfy the high threshold of standard the Home Office have set. ## Tier 1 Entrepreneurs with no less than £50,000 Investments Funds This route is mostly for applicants who are formerly a holder of a [Tier 1 Graduate Entrepreneur](https://immigrationandvisasolicitors.co.uk/uk-tier-1-graduate-entrepreneur-visa/), Tier 1 Post Study Work, Tier 1 General, and Tier 4 Student visa. The essential criteria to note is that the source of your £50,000 investment funds must only be from one or more the following: > - A UK entrepreneurial seed funding competition endorsed by the [Department of International Trade (DIT)](https://www.gov.uk/government/organisations/department-for-international-trade), formerly the [UK Trade and Investment (UKTI)](https://www.gov.uk/government/organisations/uk-trade-investment); > - A UK government department making funds available for the purpose of setting up or expanding a UK business; > - A venture capital firm registered with the [Financial Conduct Authority (FCA)](https://www.fca.org.uk/). You might be eligible to apply or combine funds using money of your own instead of the sources listed above. However, this will largely depend on what type of visa you last held. ## Tier 1 Entrepreneurs with no less than £200,000 Investments Funds To apply for a Tier 1 Entrepreneur visa with no less than £200,000 investment funds, you must prove that your funds are from one or more of the following sources: > - Your own; > - Made available to you by other people (‘third parties’), e.g. a spouse, partner or investor; > - In a joint account with your spouse or partner but only if they aren’t applying for a Tier 1 Entrepreneur visa. You may also be eligible for a Tier 1 Entrepreneur visa if you has previously invested a total of £200,000 into UK businesses. ## Important Need-to-Knows for Tier 1 Entrepreneurs You may be able to switch to a Tier 1 Entrepreneur visa in the UK, the rules that are applicable to you will depend on which type of visa you previously held or is currently holding. For instance, if you previously held a Tier 1 Post Study Work or Tier 1 General visa, you must also demonstrate you have been and continue to engage in Existing Business Activities. You will be allowed to stay in the UK for a maximum of 3 years and 4 months once you have been granted the visa. You may then extend your Tier 1 Entrepreneur visa for another 2 years. The Tier 1 Entrepreneur visa can lead to settlement in the UK once you have been in the UK under this category for 5 years, provided that you meet all applicable requirements. You may also be eligible for an [accelerated settlement](https://web.archive.org/web/20190320143426/https://immigrationandvisasolicitors.co.uk/tier-1-visas-accelerated-settlement-entrepreneurs-early-indefinite-leave-to-remain-ilr-investor/) under this route if you satisfy the requirements. ## Using Legal Representations to Apply for the Tier 1 Entrepreneur Visa In order to adequately evidence the aforementioned criteria and to ensure that your application is processed without delay, you should ensure that you compile all supporting documents meticulously in accordance with the Immigration Rules. Furthermore, as the Tier 1 Entrepreneur category imposes different rules on different people in accordance with their particular circumstances, you must be cautious that you are demonstrating that you satisfy the rules that are applicable to you. Not being able to submit specified documents or failing to highlight them can result in your application being refused. Not only does this mean that you may have to make a fresh application and pay the Home Office fees again; it may also mean that you will have an ‘adverse immigration history’ in light of your refusal. This may significantly lengthen the time that the Home Office will take in processing any future applications that you make. Hence, it is often more beneficial to instruct experienced immigration lawyers to assist you in your Tier 1 Entrepreneur visa application. ## Successful Tier 1 Entrepreneur Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Visa Success Story: EEA Residence Card granted Source: https://immigrationandvisasolicitors.co.uk/eea-residence-card-granted/ *Our team of expert solicitors recently received the brilliant news that a long-standing client (the Applicant), had been granted an [EEA Residence Card](https://www.gov.uk/apply-for-a-uk-residence-card/overview) as a family member of an EEA national who is exercising EU Treaty rights in the UK. Our Solicitors prepared an exceptional application, making the application process itself a stress-free experience, by working with the Applicant ensuring all the requirements were satisfied in accordance with the Home Office’s requirements. This was the second successful application our solicitors had assisted the Applicant with, having previously helped the Applicant obtain an EEA Family Permit. * ## The case for an EEA Residence Card In our initial consultation with the Applicant, our solicitors were informed that the Applicant was a Moroccan national, who had entered the UK on a Tier 4 (General) Student visa in 2007 to study at a London-based university where he met his partner. We were informed that the Applicant had made numerous visits to the UK following his Tier 4 Student visa. The Applicant married an EEA national exercising her Treaty Rights in the UK as a worker in 2015. After speaking to our expert solicitors and receiving the comfort that our solicitors often assist clients in similar situations to his. The Applicant instructed us to prepare and assist with the submission of his EEA Residence Card application. ## How we can assist submit a successful EEA Residence Card Application It is a common norm that the Home Office can overlook documents submitted with the application, where the application lacks in clarity and is not presented in a clear and logical manner. Our solicitors grind out positive results by successfully guiding the applicant through the application process and preparing outstanding legal representations.In this case, our team of solicitors directly tackled all the issues involved in the Applicant’s application and highlighted how the Applicant met the EEA Regulations. In this case, our team of solicitors directly tackled all the issues involved in the Applicant’s application and highlighted how the Applicant met the EEA Regulations. In addition to the legal representations, our team of solicitors conducted a comprehensive review of the Applicant’s documents to ensure that he submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with the application form and ensured the supporting documents were submitted in a clear manner so the Home Office caseworker would be at ease. ## We strive on client satisfaction and providing a bespoke UK visa immigration service Our solicitors offer a bespoke UK visa immigration service and are regularly [praised](https://immigrationandvisasolicitors.co.uk/success/) for their professionalism, see the Applicant's comments below: > "Navigating all the requirements for the residence permit seemed impossible at times, but thanks to the continuous help, support and patience from LexLaw we finally got there in the end. We Would have struggled dearly to make sure all requirements were collected and exactly as per the home office requirements without Lexvisa. My wife and I are extremely delighted and can finally start planning a bright future ahead." ## Apply for an EEA Residence Card To make a successful EEA Residence Card application in the UK, you must meet the Home Office’s requirements. Applicants from Non-EEA countries may make an application as a family member of an EEA national who is a qualified person or a permanent resident. There is also an alternative route available under, the Surinder Singh route. It is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. You may wish to contact us if you have any questions regarding any of the requirements. ## Successful EEA Residence Card Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Tier 1 Exceptional Talent Visa Stage 2 of 2: The Immigration Application Source: https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-immigration-application/ *Continuing on from [stage 1 of your Tier 1 (Exceptional Talent) visa application](https://immigrationandvisasolicitors.co.uk/uk-tier-1-exceptional-talent-visa/), we now move on to stage 2 of 2 of your[ Tier 1 (Exceptional Talent) visa application](https://www.gov.uk/tier-1-exceptional-talent/apply). As mentioned previously, the Tier 1 (Exceptional Talent) visa comprises of 2 different stages. Once you have received a successful decision from a corresponding Designated Competent Body on your stage 1 endorsement application, you may move on to the stage 2 immigration application, which is solely governed by the [Home Office](https://www.gov.uk/government/organisations/home-office). [UK visas and immigration applications](https://www.gov.uk/government/organisations/uk-visas-and-immigration) can often be lengthy and complex, our team will be able to assist and guide you through your application to ensure that your application has the highest possibility to succeed.* ## UK Tier 1 Exceptional Talent: Who can apply? If you have received an [endorsement ](https://www.gov.uk/government/publications/application-for-endorsement-for-tier-1-exceptional-talent-visa)from a [Designated Competent Body](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/526652/T1__ET__Guidance_06_2016.pdf), your stage 1 application will be approved by the Home Office and you may move forward to stage 2. You may wish to time your stage 1 and stage 2 applications. An endorsement decision may take up to 8 weeks to reach you and your letter of endorsement will only be valid for 3 months once it has been issued. Your stage 2 application decision on the other hand, will usually take 3-8 weeks to reach you depending on where and how you made your application. ## UK Tier 1 Exceptional Talent: How to apply? As this is an immigration application, all general [UK Immigration Rules](https://www.gov.uk/guidance/immigration-rules) and practices apply. If you are applying outside of the UK, you will have to complete an online application form and will be required to attend a visa application centre afterwards to have your biometrics taken. If you are applying inside of the UK for an extension of your Tier 1 (Exceptional Talent) visa or to switch to this route, you will have to complete an [application form](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/526871/T1__ET__Form_06-16.pdf) and submit the application in person or by post. These forms can be lengthy and complicated with terminology that you are not familiar with. Always contact our team of experienced immigration solicitors if you have any doubts, this will ensure that you make a valid application within the meaning of Immigration Rules and to enable the highest possible success on your application. ## UK Tier 1 Exceptional Talent: What are the criteria? First and foremost, you must have received your endorsement from a corresponding Designated Competent Body. Secondly, as stage 2 is an immigration application, you need to be cautious not to fall under any [general grounds for refusal](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal) or be sure to address any sensitive issues guided by professional advice. The general grounds for refusal cover a wide range of issues that the Home Office scrutinises for. If you have an adverse UK immigration history, for example, you have been refused [Entry Clearance](https://immigrationandvisasolicitors.co.uk/tech-nation-visa-open-tier-1-exceptional-talent-visa-applicants/) or Leave to Remain previously, you may want to seek legal advice to minimise the impact of those records against you in any further immigration application. If you have criminal convictions (spent or unspent) or have previously provided fraudulent documents with the [intention to gain immigration advantage](https://web.archive.org/web/20190319173117/https://immigrationandvisasolicitors.co.uk/harsh-penalties-for-innocent-mistakes-in-uk-immigration-visa-applications-false-representations/), you are highly recommended to seek professional legal advice as to how to tackle with these issues before you make any further immigration application. Further, as the Tier 1 (Exceptional Talent) visa is aimed to attract internationally recognised leaders or emerging leaders, you must be cautious that the Home Office will not refuse your application in light of you [character, association or other reasons](https://web.archive.org/web/20191110225751/https://immigrationandvisasolicitors.co.uk/the-uk-government-considers-trump-ban/) that may lead the Secretary of State to conclude that your presence in the UK will be conducive to the public good. If you have any doubts about whether something will affect your immigration application, we strongly advise you to contact us for professional legal advice. ## UK Tier 1 Exceptional Talent: What are the outcomes? If you are successful in both stage 1 and stage 2 of your Tier 1 (Exceptional Talent) visa application, you may be granted up to 5 years and 4 months leave in the UK, depending on your personal circumstances. The Tier 1 (Exceptional Talent) visa has numerous benefits, you are allowed to work in the UK for an employer or as a director of a company or be self-employed; the possibilities are endless. Furthermore, you if have lived in the UK continuously under this route for 5 years, you may be eligible to apply for settlement i.e. Indefinite Leave to Remain also. If you have [Tier 1 (Entrepreneur)](https://web.archive.org/web/20190320143426/https://immigrationandvisasolicitors.co.uk/tier-1-visas-accelerated-settlement-entrepreneurs-early-indefinite-leave-to-remain-ilr-investor/), [Tier 1 (Investor)](https://immigrationandvisasolicitors.co.uk/brexit-implications-tier-1-investors-eu-referendum/), or [Tier 2 (General)](https://web.archive.org/web/20170115234629/https://immigrationandvisasolicitors.co.uk/tier-2-work-permit/) leave prior to your Tier 1 (Exceptional Talent) leave, you may be eligible to combine your qualifying length of continuous residence. Settlement applications can be complicated and require strict specified evidence, we strongly recommend that you contact us to discuss your options if you are contemplating to lodge an application. ## Successful Tier 1 (Exceptional Talent) Visa Applications Obtaining recommendation letters and evidence for your stage 1 endorsement application can be a complicated and daunting process as the Home Office imposes strict criteria for each specified document. Further, compiling a strong immigration application requires a professional approach, such that your application would have a highest possibility of success. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced lawyers will be able to guide you through the process step by step. If you are interested in applying under this route, our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a Tier 1 (Exceptional Talent) visa application. We are regularly instructed by Tier 1 (Exceptional Talent) entrepreneurs and undertake a detailed review for Applicants and will be able to guide you through the process of making a Tier 1 (Exceptional Talent) visa application step by step and limit the possibility of failure by complying with the strict letter of the law. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for UK Tier 1 Exceptional Talent visa, please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** Refresh yourself about the stage 1 endorsement application [here](https://immigrationandvisasolicitors.co.uk/uk-tier-1-exceptional-talent-visa/). --- # The Equestrian Immigration Guide to UK Tier 2 Sportsperson Visas Source: https://immigrationandvisasolicitors.co.uk/tier-2-sportsperson-equestrian-visa/ *This guide is for non-EU highly skilled equestrians who are interested in working in the UK. You may be eligible to apply for a Tier 2 (Sportsperson) visa if you have been offered long term employment by a valid [Sponsor Licence](https://www.gov.uk/apply-sponsor-licence) holder, who has been endorsed by an appropriate sport governing body.* ## UK Tier 2 Sportsperson for Equestrians: Who can apply? To be eligible for the [Tier 2 Sportsperson](https://www.gov.uk/tier-2-sportsperson-worker-visa/apply) visa, your Sponsor will need to have obtained an endorsement for you from the [appropriate governing body for your sport](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-m-sports-governing-bodies). The endorsement is a document that will confirm the following: > - You are [internationally established as a player or coach at the highest level](https://web.archive.org/web/20180327000243/https://www.ascot.co.uk/Royal-Ascot); and > - Your employment will make a significant contribution to the development of your sport at the highest level in the UK; and > - You intend to be based in the UK for the duration of your permission to stay; and > - Your post could not be filled by a suitable settled worker. You may also need to satisfy the [English language skills](https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests) requirement. ## UK Tier 2 Sportsperson for Equestrians: What is the process? Firstly, you will need to have been offered employment by an employer who holds a valid Tier 2 (Sportsperson) Sponsor Licence. The valid [Tier 2 Sponsor Licence holder](https://web.archive.org/web/20160829091456/https://immigrationandvisasolicitors.co.uk/case-study-successful-tier-2-sponsor-licence-for-uk-business-2/) would have been endorsed by the British Horse Society themselves, prior to being eligible to apply for a [Sponsor Licence](https://www.gov.uk/government/publications/register-of-licensed-sponsors-workers). Secondly, as mentioned above, your Sponsor will need to have obtained an endorsement from the corresponding governing body. For equestrians, it will be the [British Horse Society](http://www.bhs.org.uk/). Thirdly, your Sponsor will need to assign a valid Certificate of Sponsorship to you, which is a virtual document that holds information about your employment and personal details. Fourthly, you may then proceed to make the immigration application for a [Tier 2 (Sportsperson) visa](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system). At this stage, all normal [UK Immigration Rules ](https://www.gov.uk/guidance/immigration-rules)and Regulations apply and you must be cautious not to fall under the general grounds for refusal. ## UK Tier 2 Sportsperson for Equestrians: What is Endorsement? A sport governing body is one that is recognised by one of the home country sports councils. For example, the governing body for football will be the Football Association. The corresponding governing body for equestrians is the British Horse Society, in accordance with [Appendix M of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-m-sports-governing-bodies). The British Horse Society is approved by the [UK Home Office ](https://www.gov.uk/government/organisations/home-office)as having endorsement status for the purposes of Tier 2 (Sportsperson) visa applications. The British Horse Society endorses organisations who wish to apply for a Sponsor Licence. This is to prove that they are a genuine sports club that has a legitimate requirement to bring highly skilled migrants from outside the EU to the UK. The British Horse Society also ensures that the highly skilled migrant seeking sponsorship has met the specific requirements set out by the UK Home Office. The Society has set out appropriate requirements with respect to such endorsements following consultation within the industry and relevant Member Bodies of the [British Equestrian Federation](https://web.archive.org/web/20210126145417/https://www.bef.co.uk/); these requirements were then agreed by the Home Office. ## UK Tier 2 Sportsperson for Equestrians: Sponsors' Endorsements? The British Horse Society will only endorse Sponsoring organisations which hold British Horse Society Training Centre Approval or British Equestrian Federation Member Bodies who hold the highest level of Affiliation. Prospective Sponsors should also be aware that the maximum length of endorsement is up to 4 years. ## UK Tier 2 Sportsperson for Equestrians: Coaches and Riders' Endorsements? To be endorsed by the British Horse Society, a coach must be able to provide evidence of coaching experience at international level within the last 3 years. They must also hold internationally regonsied qualifications equivalent to level 3 on the [International Group for Equestrians Qualifications (IGEQ) Matrix](https://web.archive.org/web/20170418183303/http://www.igeq.org:80/) in the specified discipline. To be endorsed as a rider by the British Horse Society, the rider must have completed internationally for their country on more than 10 occasions within the last 2 years. These requirements are reviewed and updated every 12 months and are subject to change. There are also different requirements to satisfy if you are looking to extend your Tier 2 stay. Further, there is a high threshold of evidential burden. If you have any doubts, always seek professional advice from one of our experienced immigration solicitors who are acquainted in dealing with similar situations. ## UK Tier 2 Sportsperson for Equestrians: The Immigration Application? The last stage of the process of acquiring a Tier 2 Sportsperson visa is the immigration application. At this point, you should ensure that your Sponsor holds a valid Sponsor Licence, they have obtained an endorsement for you, and that they have assigned you a Certificate of Sponsorship. The general grounds for refusal cover a wide range of issues that the Home Office scrutinises for. If you have an adverse UK immigration history, for example, you have been refused [Entry Clearance](https://immigrationandvisasolicitors.co.uk/tech-nation-visa-open-tier-1-exceptional-talent-visa-applicants/) or Leave to Remain previously, you may want to seek legal advice to minimise the impact of those records against you in any further immigration application. If you have criminal convictions (spent or unspent) or have previously provided fraudulent documents with the [intention to gain immigration advantage](https://web.archive.org/web/20190319173117/https://immigrationandvisasolicitors.co.uk/harsh-penalties-for-innocent-mistakes-in-uk-immigration-visa-applications-false-representations/), you are highly recommended to seek professional legal advice as to how to tackle with these issues before you make any further immigration application. Further, as the Tier 2 (Sportsperson) visa is aimed to attract internationally recognised and elite sportsperson, you must be cautious that the Home Office will not refuse your application in light of you [character, association or other reasons](https://web.archive.org/web/20191110225751/https://immigrationandvisasolicitors.co.uk/the-uk-government-considers-trump-ban/) that may lead the Secretary of State to conclude that your presence in the UK will be conducive to the public good. If you have any doubts about whether something will affect your immigration application, we strongly advise you to contact us for professional legal advice. ## Successful Tier 2 (Sportsperson) Visa Applications and Tier 2 Sponsor Licence Applications Obtaining endorsements and recommendations can be a complicated and daunting process as the Home Office imposes strict criteria for each specified document. Further, compiling a strong immigration application requires a professional approach, such that your application would have a highest possibility of success. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced lawyers will be able to guide you through the process step by step. If you are interested in applying under this route, our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a Tier 2 (Sportsperson) Visa applications and/or Tier 2 Sponsor Licence applications. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for UK Tier 2 Sportsperson visa, please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**.** --- # Should I apply for an EEA Residence Card? Source: https://immigrationandvisasolicitors.co.uk/eea-residence-card/ *Free movement of persons is one of the fundamental principles, under the European Framework, it allows nationals of European Economic Area [(EEA)](https://www.gov.uk/eu-eea) countries to travel, live and work in other member state countries. Non-EEA family members can apply for a Residence card to confirm their right to reside in the UK with their EEA national family member.  Following the EU referendum, there has been a web of uncertainty surrounding the future of EEA nationals and their non-EEA family members.* * * ## What is an EEA Residence Card? A Residence Card is a formal document, which confirms your right to live in the UK under European Law. You can apply for a Residence Card if you are a non-EEA national family member and your EEA family is exercising their treaty rights as a qualified person or must have permanent residence in the UK. Under the EEA regulations, a qualified person is someone who is in the UK working, self-sufficient, studying or currently searching for work. There are additional conditions, which need to be satisfied for the latter. We often receive a large number of inquiries in regards to who qualifies as a family member. [Family members](http://www.eearegulations.co.uk/Latest/ByPage/part1_7) can be split into two groups, you can either apply as a direct or extended family member.  You will be considered as a direct family member if you are a: - Spouse or civil partner of an EEA national; - Direct descendants of an EEA national or their spouse; and - Parents or grandparents of an EEA national are also considered as direct family members. Direct family members have an automatic right to remain in the UK as long as the family member qualifies as a family member of an EEA national who is exercising treaty rights. Direct family members also have a right to permanent residence under [Article 23 of Directive 2004/38/EC](https://eumovement.wordpress.com/directive-200438ec/). Under [Regulation 8](http://www.eearegulations.co.uk/Latest/ByPage/part1_8), the following people may be considered as extended family members, relatives of an EEA national or their spouse/civil Partner. To qualify as an extended family you must be able to demonstrate that you are dependent on the EEA national or  their spouse and you are a member of the EEA nationals’ household. ## Alternative Routes to UK Residence Card If you are in the UK as a direct family member of an EEA national and your relationship has broken down,  you may be eligible to retain your Residence Card under the [retained rights](https://web.archive.org/web/20170115235729/https://immigrationandvisasolicitors.co.uk/eea-retained-rights-of-residence-uk-immigration-europe-brexit/) of residence route. You should note that you can only retain your right of residence if you already hold a valid Residence Card and meet the requirements. The judgment in the illustrious [Surinder Singh case 370/90](http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A61990CJ0370) is often used to reunite non-EEA family members with their British citizen partners/ family members. It was held in this particular case, that you may be eligible for a Residence Card under this route if you are a non-EEA citizen and you have been living with a British Citizen in another EEA country. You will be required to show that your British Citizen family member was working in the EEA country and considered it as home. ## Brexit Impact on EEA Residence Card applications The UK will continue to be a party to the European Union until prime minister Theresa May officially initiates separation proceedings by summoning [Article 50](http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/577971/EPRS_BRI(2016)577971_EN.pdf). Following the aftermath of Brexit, it is clear there are considerable concerns for EEA nationals and their family members in relation to their future in the UK. However, it is important to note that there have been no immediate changes to the current UK immigration laws but as a direct consequence of the referendum, there has been an unprecedented increase Residence Card applications causing excessive delays in the processing times. Whilst there are no immediate changes it is evident that there will be some changes to the current UK immigration rules. ## Successful EEA Residence Card Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Registration Certificate (Blue, Yellow and Purple) for Croatian Nationals living in the UK Source: https://immigrationandvisasolicitors.co.uk/croatian-national-registration-certificate/ *Croatian nationals planning to work in the UK can apply for a Croatian National [Registration Certificate](https://www.gov.uk/croatian-national/overview) confirming their rights in the UK. Applicants will have an option of choosing a Blue, Yellow and Purple Registration Certificate. Croatia has been a member of the European Union since July 2013, but certain restrictions still apply to the access to the UK market. * ## Registration Certificate for Croatian Nationals living in the UK Croatian nationals are able to move and live freely in any member state of the European Union. They do not need  permission to reside legally in the UK and they will have a right of residence in the UK for first three months. They will further be able to remain legally resident provided they will be exercising Treaty rights as: - a student; - a self-employed person; or - a self-sufficient person. Croatian nationals will not have an automatic right to reside as a worker or a jobseeker in the UK and they will need to apply for a Croatian National Registration Certificate. There are three Croatian National Registration Certificate available for Croatian nationals: Blue, Yellow or Purple Registration Certificate. ## Blue Registration Certificate for Highly Skilled Croatian Nationals [Blue Registration Certificate](https://www.gov.uk/croatian-national/blue-registration-certificate) shows the right to work in the UK without restrictions. It will be issued to highly skilled Croatian nationals, who are exempt from the requirement to work authorisation. The Certificate will show that they can work freely and don’t need to show any other or additional documents to employers. We assist Croatian nationals living in the UK in applying for Blue Registration Certificate. Amongst the requirements which you will need to meet, you will firstly need to show that you have one of the following from the UK educational institution: - a degree; - a teaching qualification; or - a Higher National Diploma. You should also apply for a Blue Registration Certificate in you have a Tier 1 Exceptional Talent endorsement. We have recently written about the Tier 1 Exceptional Talent requirements [here.](https://immigrationandvisasolicitors.co.uk/uk-tier-1-exceptional-talent-visa/) ## Yellow Registration Certificate for Students, Self-employed and Self-sufficient Croatian Nationals You can apply for [Yellow Registration Certificate](https://www.gov.uk/croatian-national/yellow-registration-certificate) if you want to work while you are a student in the UK. Students will be allowed to work up to 20 hours a week, unless the work is part of vocational course, which included work placement and is vital to the study. You will need to: - have private comprehensive health insurance or a European Health Insurance Card (EHIC); - have a letter from your UK college, university or other place of study with the name of your course and the start and end dates; and - have a proof that you’ve got enough money to support yourself. Self-employed and self-sufficient people may wish to apply for a Yellow Registration Certificate to prove their right to be self-employed or self-sufficient. ## Purple Registration Certificate for Croatian Nationals who are subject to work authorisation [Purple Registration Certificate](https://www.gov.uk/croatian-national/purple-registration-certificate) can be issued to a Croatian national who wishes to work in the UK and is subject to work authorisation. These certificates are issued to workers and contain the name of the employer that the holder can work for and the category the can engage in. Your employer will need to be in the list of registered sponsors for this type of certificate. In order to apply for Purple Registration Certificate you will need to have a job offer and certificate of sponsorship number from your employer. Some jobs would also require a good level of English. Croatian nationals are required to obtain permission to work before they start the employment in the UK unless they are exempt from work authorisation. You would not have to apply if you: - were working legally in the UK without restrictions on 30 June 2013; - got a UK visa or work permit before 1 July 2013 which is still valid; - have been working in the UK for a continuous period of 12 months ending on or after 30 June 2013; - work for an EU company which doesn’t usually operate in the UK (you’re a ‘posted worker’); - are a permanent UK resident or you have dual nationality including another [European Economic Area (EEA)](https://www.gov.uk/eu-eea) country; - are the partner of a British citizen; - are the partner, child or dependent relative of an EEA citizen (other than a Croatian) or of a person settled in the UK; - are a member of a diplomatic mission in the UK; and - were granted a blue registration certificate that says you’re highly skilled, e.g. because you hold a degree. ## Legal Advice from UK Immigration Solicitors for a Croatian National Registration Certificate Our expert team of lawyers have extensive knowledge of making applications for Croatian nationals wishing to work in the UK. We can assist you with the preparation of your application and ensure that you meet all the requirements of the relevant rules. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding the unnecessary expense of re-submitting your application to the Home Office. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. If you need professional legal advice about applying for a Croatian National Registration Certificate, please contact us for a case assessment on 02030110276. You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Immigration Tier 2 Cooling-Off Period Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-tier-2-cooling-off-period/ *Recently, the vast majority of our enquiries involve the regulations around the [Tier 2 work visa cooling-off period](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/514054/Tier_2_Policy_Guidance_04_2016.pdf) on some level. The rules about the cooling-off period have been around for quite some time. However, due to its complex nature, not many people truly understand the rules. If you wish to understand more about this rule, you have come to the right place. If you need further guidance or have any doubts as to whether these rules apply to you, you should [contact our experienced immigration solicitors](https://immigrationandvisasolicitors.co.uk/) at your earliest convenience.* ## What is the Tier 2 Cooling-off period? The cooling-off period is a 12-month period where you may not re-apply for Entry Clearance as a Tier 2 migrant, if you were last granted leave to stay in the UK as a Tier 2 migrant. There are different rules that apply to the different categories under the Tier 2 route. This cooling-off period is calculated by the date of expiry on your last grant of leave. Alternatively, it may be calculated from the day you last left the UK, whichever is sooner, provided that you can adequately evidence your departure. ## Tier 2 (Intra-Company Transfer) Cooling-off Period There are currently 4 sub–categories under the[ Tier 2 (ICT) ](https://immigrationandvisasolicitors.co.uk/tier-2-inter-company-transfer-visa/)route and each have a maximum period of leave granted, they are listed as follows: > - Long-term staff – maximum stay of 5 or 9 years depending on whether you earn less or more than £155,300 per annum; > - Short-term staff – maximum stay of 12 months; > - Graduate trainee – maximum stay of 12 months; > - Skills transfer – maximum stay of 6 months. For each of the category above, you must leave the UK after your maximum period of stay. Further, you may not re-apply to return to the UK under an Intra-Company Transfer category nor the [Tier 2 (General)](https://immigrationandvisasolicitors.co.uk/home-secretary-announced-new-restrictions-immigration-law/) category. However, the cooling-off period may not apply to you, if: > - You are applying under the Long-term Staff sub-category; or > - You will be paid an annual gross salary of £155,300 or higher; or > - Your previous grant of leave, as stated on your Certificate of Sponsorship, was for 3 months or less. ## Tier 2 (General), Tier 2 (Sportsperson), and Tier 2 (Minister of Religion) Cooling-off period [Tier 2 (General)](https://www.gov.uk/tier-2-general/overview) visas are aimed at highly skilled migrants who have been offered a long term job in the UK. The maximum grant of leave under the [Tier 2 (General) ](https://web.archive.org/web/20170115234629/https://immigrationandvisasolicitors.co.uk/tier-2-work-permit/)category is 5 years. At this point, you must either apply for Indefinite Leave to Remain (i.e. Settlement) or leave the UK or perhaps explore other visa categories. In any case, the maximum stay in the UK under the Tier 2 (General) route in total is 6 years. Rules on the cooling-off period that apply to Tier 2 (General) also apply to [Tier 2 (Sportsperson)](https://www.gov.uk/tier-2-sportsperson-worker-visa/overview) and[ Tier 2 (Minister of Religion)](https://www.gov.uk/tier-2-minister-of-religion-visa/overview) categories. The cooling-off period will apply to you if you have had a grant of leave as a Tier 2 migrant at any time during the 12 months immediately before your date of application. This should not affect any changes of employment applications or switches to another visa category or extensions of Tier 2 visas, provided that you are eligible and satisfy applicable requirements.  If you have any doubts about whether the cooling-off period applies to you, you should contact our experienced solicitors as soon as possible. Under the aforementioned categories, the cooling-off period may not apply to you, if: > - You had a Tier 2 grant of leave but you did not use it to enter or stay in the UK at any time during the 12 months immediately before your date of application, provided that you can adequately evidence this; or > - Your previous grant of leave, as stated on your Certificate of Sponsorship, was for 3 months or less; or > - You will be paid an annual gross salary of £155,300 or higher. ## Successful Tier 2 Entry Clearance or Leave to Remain Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Registration Certificate for EEA and Swiss Nationals Source: https://immigrationandvisasolicitors.co.uk/eea-registration-certificate/ *EEA Nationals who have lived in the UK for less than 5 years and are worried about BREXIT might consider applying for an EEA [Registration Certificate](https://www.gov.uk/eea-registration-certificate/apply). The Home Office have launched an [online Registration Certificate Application service for EEA and Swiss Nationals, ](https://web.archive.org/web/20200927031944/https://visas-immigration.service.gov.uk/product/eea-qp)who have not lived in the UK for 5 years and are not eligible to apply for[ Permanent Residence card](https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card) but wish to regularize their status in the UK. EEA nationals can also use a paper application form.* EEA and Swiss nationals can apply for UK Registration Certificate. ## How to apply for an EEA Registration Certificate as an EEA and Swiss national The process involves filling out the Home Office's online form or completing the paper form and then preparing and submitting a bundle of supporting documents to the Home Office for consideration by a caseworker. The online form can't be used by applicants who are students or self-sufficient and are: - reliant on a family member to provide your income, or - are financially responsible for other family members ## Requirements for an EEA Registration Certificate In order to qualify for a Registration Certificate you will need to be a citizen of European Economic Area (EEA) country or Switzerland and you will need to be a qualified person. A qualified person is someone who is: - working - studying - self-employed - self-sufficient - looking for work To ensure your application is processed without delay, you should ensure you provide all of the necessary documents which show how you have been exercising your Treaty rights. Not submitting important documents or failing to highlight them can result in the application being rejected and having to start again and pay further Home Office fees. It is often better to instruct immigration lawyers to assist you with your Registration Certificate application. ## Supporting documents for an EEA Registration Certificate application You will need to provide evidence that you’re a qualified person. If you are working in the UK, you will need to ask your employer to complete the declaration in section 3B of the application form and enclose a letter confirming the details of your employment. You will need to make sure that all the documents are in correct format. The [Home Office](https://www.gov.uk/government/organisations/home-office) (UKVI) has set out specific documentary evidence you are required to provide for each of the above categories. It is important to ensure you have the correct documents in support of your application to avoid delays and ensure your application is successful. ## Using Legal Representation to Apply for an EEA Registration Certificate Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit a Registration Certificate application. Caseworkers at the Home Office are trained to reject applications which do not stack up for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Brexit Impact on EEA nationals who have lived in the UK for less than 5 years The UK will continue to be a party to the European Union until the Prime Minister Theresa May officially initiates separation proceedings by summoning [Article 50](http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/577971/EPRS_BRI(2016)577971_EN.pdf). Following the aftermath of Brexit, it is clear there are considerable concerns for EEA nationals who have lived in the UK for less than 5 years, in relation to their future in the UK. However, it is important to note that there have been no immediate changes to the current UK immigration laws but as a direct consequence of the referendum, there has been an unprecedented increase of Residence Card and Registration Certificates applications causing [excessive delays](https://web.archive.org/web/20190219190025/https://immigrationandvisasolicitors.co.uk/eea-applications-processing-times/) in the processing times. Whilst there are no immediate changes it is evident that there will be some changes to the current UK Immigration Rules. ## Successful EEA Registration Certificate Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # EEA & Swiss Nationals: Application for Permanent Residence Source: https://immigrationandvisasolicitors.co.uk/home-offices-online-permanent-residence-service-eea-nationals/ *The [Home Office have launched a new online Permanent Residence Application service for EEA and Swiss Nationals](https://web.archive.org/web/20201111233858/https://visas-immigration.service.gov.uk/product/eea-pr) which can be used by those worried about BREXIT. The service **can be used by most EEA and Swiss nationals who have lived in the UK for a continuous period of 5 years as a 'qualified person'. However it cannot be used by students or self-sufficient persons who are either (a) reliant on a family member for income or are (b) financially responsible for any other family members. * ## How to apply for a permanent residence card as an EEA or Swiss national The process involves filling out the Home Office's online form and then preparing and submitting a bundle of supporting documents to the Home Office for consideration by a caseworker. To ensure your application is processed without delay, you should ensure you provide all of the necessary documents which show how you have been exercising your free movement rights over a 5-year period. Not submitting important documents or failing to highlight them can result in an application being rejected and having to start again and pay further Home Office fees. It is often better to instruct immigration lawyers to assist your EEA family and permanent residence application. ## Using Legal Representation to Apply for Permanent Residence Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to [instruct a legal representative to submit a Permanent Residence application](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/). Caseworkers at the Home Office are trained to reject applications which do not stack up for example by failing to provide the correct supporting evidence. In order to ensure application success, all necessary documents which show how you have been exercising your free movement rights over a 5-year period. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the rules. ## Applying for nationality after obtaining Permanent Residence Once your permanent residence document has been obtained, and you have lived in the UK for 6 years, you can apply for nationality. If you’ve lived in the UK for 5 years when you get the document you will have to wait until you have lived here for 6 years. Those who have already lived in the UK for 6 years can apply immediately upon receipt of the permanent residence document or if your spouse or civil partner is a British national. ## Successful EEA Permanent Residence Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Making a Valid Application to the UK Home Office: New Application Forms 2016 Source: https://immigrationandvisasolicitors.co.uk/uk-visa-valid-application/ *As of 1 December 2016, the FLR(O) form has been archived and discontinued. The FLR(O) forms were used to make an application to extend your stay in the UK in categories that are not covered in other [application forms](https://www.gov.uk/government/collections/uk-visa-forms) e.g. [FLR(M)](https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-as-a-partner-form-flrm) - family life as a partner, [FLR(FP)](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/635609/Certification-under-section-94B-v8.pdf) - family life as a parent/partner on the basis of your private life, private life in the UK, [FLR(DL)](https://web.archive.org/web/20170317195345/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/570770/FLR_DL__Form_11-16.pdf) - Discretionary Leave on Article 8 Human Rights basis, and [FLR(BUS)](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/571460/FLR_BUS__11-16.pdf) - extension of stay as a representative of an overseas business or a retired person of independent means. The FLR(O) form is now substituted by two different forms - the [FLR(HRO)](https://web.archive.org/web/20170320102128/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/573676/FLR_HRO_-guidance-notes-12-16.pdf) and the [FLR(IR)](https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-flrir). You must ensure that you make a valid application by using the correct forms for your applications or else your application may be rejected as invalid without even being considered.* ## What is an UK Immigration Valid Application? For any immigration application made in the UK, you must ensure that you submit a "valid application". For leave to remain applications specifically, the rules about making a valid application can be found in paragraph 34 of the [Immigration Rules](https://www.gov.uk/guidance/immigration-rules). The paragraph states that an application must be made on an "application form which is specified for the immigration category under which the application is applying". Further, for an application to be deemed valid, you must also ensure that the following are satisfied: - All mandatory parts of the application form must be completed; - Where a fee is required to be paid, the fee must be paid in full and must be paid in accordance with the process set out in the application form; - If the Immigration Health Surcharge fee is applicable, it must also be paid in full and paid via the specified process; - You must provide all specified mandatory documents such as identity documents and passport photographs; and - You must ensure that you provide your biometric information in accordance with the the instructions provided to you. As you may notice, the above points are merely to ensure that a valid application is submitted; at this point it does not even yet matter whether the applicant satisfies the requirements to be granted a visa. The Home Office is not obliged to process or even look at invalid applications and [invalid applications](https://immigrationandvisasolicitors.co.uk/uk-section-3c-leave/) are often rejected right away. ## UK Immigration Valid Application: Form FLR(HRO) You must not use the [FLR(HRO)](https://web.archive.org/web/20170320102128/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/573676/FLR_HRO_-guidance-notes-12-16.pdf) form for any family or private life or humanitarian or asylum claims. If you satisfy one of the following categories, the FLR(HRO) form will be the correct application for you: - Discretionary Leave (DL) where you have previously been granted a period of DL but have not previously been refused; - Medical grounds or ill health; - Human Rights claim (except on grounds of family or private life or for protection claims); - [Leave outside of the Immigration Rules](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/262848/section14.pdf); - Other claims not elsewhere covered. You must be careful when choosing the right application form to use as it will directly affect the validity of your application. If you are ensure whether your situation fits any of the categories, you should always seek legal advice before making an application. ## UK Immigration Valid Application: Form FLR(IR) The FLR(IR) form is the second form that is used to substitute the FLR(O) form. If you fall under one of the following categories and you wish to make an application to extend your stay in the UK, the FLR(IR) form is the correct form for you: - Visitors (except transit, Approved Destination Status, [Permitted Paid Engagement Status](https://immigrationandvisasolicitors.co.uk/permitted-paid-engagement-visa/), and visitors); - [UK ancestry](https://web.archive.org/web/20190222094706/https://immigrationandvisasolicitors.co.uk/ancestry-visa-uk/); - Domestic worker who is a victim of slavery or human trafficking; - Parent of a Tier 4 (child) student; - Dependant joiners who are applying separately from the main applicant; - Relevant Civilian Employee or Locally Engaged staff of Diplomatic Mission; - Member of an Armed Force who is subject to immigration control and their dependants who are not a member of HM forces; - Representative of an overseas business; - Retired person of independent means; and - any other grounds not covered by another form. If you are unsure whether you fall under these categories, you should always seek legal advice from our specialist immigration solicitors before you make an application. Further, you will also need to satisfy a number of requirements in order to be successful in your application. ## ## Legal Advice from LEXVISA Immigration Solicitors As you may now be aware, the Immigration Rules and laws are complex and for any application to succeed, there are numerous prerequisite and necessary requirements to satisfy. The complex nature of the UK Immigration policies make it disturbingly easy for an immigration application to be turned down - either by being invalid or refused because the application was not prepared strong enough. Making a valid application is obviously important, compiling a strong and easy to process application is also equally important. We pride ourselves with our meticulous and efficient approach and in providing our clients with the best possible legal representations. In addition to the legal representations, our team of solicitors also provides multiple substantial reviews of documents to ensure that applications are submitted with the correct documentary evidence in the correct format which meets the Home Office’s requirements. We also prepare and assist our clients with their online or paper visa application forms and any other relevant and required forms. ## Successful UK Immigration Applications to the Home Office [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. We can ensure that you remain compliant with your visa conditions and will be able to demonstrate your eligibility for an extension visa or indefinite leave to remain. Get in touch with our business immigration lawyers now on 02030110276.   You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Descendants of British Parents – Your Right to British Citizenship by Descent Source: https://immigrationandvisasolicitors.co.uk/british-parents-register-as-british-citizen/ *There are different ways to obtain British citizenship. You can become a British citizen by [naturalisation](https://www.gov.uk/becoming-a-british-citizen) or you may already be eligible for British citizenship by descent, all you have to do then is simply [register](https://www.gov.uk/register-british-citizen/overview) and attend a citizenship ceremony.  If you were born outside of the UK but you have a parent who is British, you may be able to register as a British citizen.* ## Register as a British citizen by Descent: Are you eligible? If you have British parents and you were born outside of the UK, there are two ways you may be eligible to register as a British citizen: - You were born before 1 January 1983 to a British mother; or - You were born to a British father, even if he was not married to your biological mother. These are the preliminary eligibility requirements, there are further requirements you may need to satisfy. Further, if you have renounced British nationality previously, you will be governed by different rules. ## Register as a British Citizen: Born before 1983 to a British Mother Before 1 January 1983, children born to British mothers outside of the UK were not eligible to claim British citizenship. This is because prior to 1983 women were not able to automatically pass on citizenship. However the laws have changed, if you were born to a British mother before 1983 outside of the UK, you will be entitled to British citizenship by descent. To obtain this right, you will need to register with [UK Visa & Immigration](https://www.gov.uk/browse/visas-immigration) and to attend a citizenship ceremony. There may be further rules applicable depending on how your mother acquired her British nationality in the first place. If you have any doubts, please do not hesitate to contact our immigration solicitors. ## Register as a British Citizen: Born before 1 July 2006 to a British Father This route applies to descendants who were born outside of the UK, before 1 July 2006, to a British father but your biological parents was not married. Prior to 1 July 2006, British fathers were not permitted to pass on their citizenship to children who were born out of wedlock. The laws have however changed now. If you have never been a British citizen and you would have become a British citizen automatically if your biological parents had been married, you will be entitled to register as a British citizen. In order to be successful in such an application, you must be able to meet the high standard of evidential proof with regards to your relationship with your biological father. The courts will require you to provide genuine and reliable documents to demonstrate your relationship with your father in order to legally recognise a man as your father. You may need to provide DNA test report or relevant court rulings if your biological father does not appear on your birth certificate. ## Register as a British Citizen by Descent vs Naturalise as a British Citizen Both of the scenarios above warrant you a right to ‘British citizenship by descent’; this is different from British citizenship by naturalisation. Once you are successful in acquiring British citizenship by descent, you will become a British citizen but you will not normally be able to pass on British citizenship to any children born outside of the UK. Hence, if you are residing in the UK, you may wish to [naturalise](https://web.archive.org/web/20170116035415/https://immigrationandvisasolicitors.co.uk/naturalisation/) as a British citizen instead to secure citizenship rights for your children in the future who are born abroad. ## Other Requirements for British Citizenship by Descent As similar to naturalisation, the Secretary of State must be satisfy that you are you are of ‘[good character](https://immigrationandvisasolicitors.co.uk/uk-naturalisation-application-disclosure-convictions/)’. Normally, this will mean that you have a clean criminal record in the UK and in any other country. Furthermore, you are expected not to have acted dishonestly in their dealings with the UK government. However, if you do have previous criminal convictions, this does not necessarily mean that you will not succeed in your citizenship application. Each case will be unique and will be dependent on other wider personal circumstances. If you are unsure whether you are eligible for British citizenship, our experienced immigration solicitors will be able to discuss and assess your situation with you. ## Successful UK Citizenship by Descent Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for British citizenship please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # UK Home Office Review: Rules for Adult Dependent Relative Visa Source: https://immigrationandvisasolicitors.co.uk/parents-uk-adult-dependent-relative-visa-home-office-review/ *The [Home Office](https://www.gov.uk/government/organisations/home-office) have recently reviewed the strict rules for dependent parents and grandparents making an application for an [Adult Dependent Relative visa](https://www.gov.uk/join-family-in-uk/eligibility) to join their family living in the UK. In order to apply for settlement under this route you would need to prove that your physical well-being is reliant on your child or grandchild in the UK. These rules were introduced in July 2012 and have significantly reduced the number of successful applications made under this route due to its strict nature. As a result of this the Home Office have reviewed these strict rules; however, they have concluded that the rules under this route will not be changed.* ## Adult Dependent Relative Visa: Home Office Review of Rules for Dependent Parents and Grandparents The Home Office have [reviewed the strict rules](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/576644/Adult_dependent_relatives-review.pdf) with regards to dependent parents and grandparents joining their family in the UK. Applicants are now required to prove that they need long term care from their sponsor as a result of an illness, disability or their age and that they cannot access this care in their home country as it is not available or they cannot afford it. Under the old rules, applicants were only required to show that they were financially dependent upon their sponsors. These changes have caused the number of successful applications made per year to plummet from an average of 2,325 to 162 per year, with the majority of these applications only being successful once an applicant has been refused by the Home Office and then appealed to the Immigration and Asylum Tribunal. Although the number of successful applications have drastically decreased and surpassed the Home Office’s expectations, they have concluded that the rules meet their policy objectives and therefore the rules regarding dependent parents and grandparents will not be changed. ## Adult Dependent Relative Visa: Home Office Requirements  You will need to meet [strict requirements](https://immigrationandvisasolicitors.co.uk/adult-dependent-relative-visa/) in order to make a successful Adult Dependent Relative visa application; you would need to meet the following: - You must prove that you need long-term care on a daily basis to do personal and household tasks; - You must show that the reason for your need of help is a result of your illness, disability or age; - You will need to prove that you are not able to receive necessary help in your country, as it is not available or you can’t afford it; - You will also need to show, and prove by way of a written undertaking, that your family member in the UK will be able to support you, provide you with accommodation and financial help without recourse to the public finds for at least 5 years; and - You must be 18 or over. You will also need to provide an extensive amount of [evidence](https://immigrationandvisasolicitors.co.uk/adult-dependent-relative-visa/) to support your application. Applications are often refused on the basis that the evidence produced failed to adequately show the applicant's dependency on their family members. ## Adult Dependent Relative Visa: Requirements for successful applications Due to the strict nature of the above rules it has become very difficult for dependent parents and grandparents to join their family living in the UK under the Adult Dependent Relative visa route. You must ensure that you meet the requirements and that you have the [evidence ](https://immigrationandvisasolicitors.co.uk/adult-dependent-relative-visa/)to support your application. We would advise you to seek legal advice in order to ascertain the likelihood of success in your application for an Adult Dependent Relative visa before submitting said application and paying the Home Office fee of £2,676. We would also advise you to seek legal representation prior to submitting your application in order to ensure that you include the most appropriate and robust evidence in order to optimise the chances of success in your application. ## Successful UK Adult Dependent Relative Visa Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. We can ensure that you remain compliant with your visa conditions and will be able to demonstrate your eligibility for an extension visa or indefinite leave to remain. Get in touch with our business immigration lawyers now on 02030110276.   You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Permanent Residence Card Applications Post Brexit: Home Office Fast-Track Pilot Scheme Source: https://immigrationandvisasolicitors.co.uk/eu-permanent-resident-fast-track/ *The [Brexit process](https://immigrationandvisasolicitors.co.uk/eea-brexit-permanent-residence-eureferendum/) has caused uncertainty amongst EU nationals in regards to their immigration position in the UK. This process has caused a significant number of EU nationals to make applications for [permanent residence in the UK](https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card) to secure their position. In the Summer of 2016, the Home Office introduced a fast-track pilot scheme in order to speed up the permanent residence card application process and on 19 December 2016 the Home Office extended the fast-track pilot scheme to include families and dependents of those EU nationals. We anticipate that prior to the implementation of a new system, post Brexit, there could be a significant increase in the number of applications being considered by the Home Office and that the Home Office are preparing for this influx. In order to avoid any delay in securing your position in the UK, we advise you to apply for a permanent residence card as soon as possible.* ## Permanent Residence Cards in the UK EU nationals who have [exercised Treaty Rights](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) in the UK for a continuous period of 5 years are automatically permanent residents of the UK. In order to prove that you are a permanent resident and you therefore have the right to live and work in the UK, you must apply for a permanent residence card. Once you are granted a permanent residence card in the UK you may be eligible to apply for British citizenship after 12 months. Currently, applications for permanent residence cards are made by submitting an 85 page paper application form with the applicant's passport and evidence. The Home Office currently take up to 6 months to reach a decision and return the applicant's passport. ## Permanent Residence Cards: Effect of the Brexit Process Since the Brexit process, the number of permanent residence card applications has risen significantly as many EU nationals wish to secure their position in the UK. Official figures show that from June 2015 to September 2015 approximately 4,000 permanent residence cards were granted to EU nationals. However, after the referendum result, in June 2016 to September 2016, this has increased exponentially to 14,000 and rising. > Amber Rudd, the UK Home Secretary, reiterated the need for a proactive stance when she stated that due to the referendum result, EU nationals will "need to have some sort of documentation". We advise you to make an application for a permanent residence card if you have been exercising your Treaty Rights in the UK for 5 years, as soon as possible, in order to secure your position in the UK without delay. ## Permanent Residence Card Applications: Home Office Fast-Track Pilot Scheme In the Summer of 2016, the Home Office introduced a pilot scheme to 20 corporate clients to expedite the decision making process in regards to individual EU nationals applying for permanent residence cards in the UK. With this scheme, a decision is reached by the Home Office in a matter of weeks rather than months and applicants will have their passports returned to them after 1 day of submitting their application. On 19 December 2016 the Home Office expanded the fast-track pilot scheme to include families and dependents of EU nationals. As the Home Office are currently considering methods of expediting the application process, it is likely that they are envisaging a large number of applications being made and, consequently, a significant backlog of undecided applications due to the failures of the current system. As we do not currently have this fast-track system in place and we are nearing closer to Brexit, we advise you to make an application for your permanent residence card as soon as possible in order for you to avoid this foreseeable delay in securing your position in the UK. If you are unsure as to whether you are eligible for a permanent residence card, our team of experts will be able to assess your current position and advise you accordingly. ## Legal Advice for EEA Permanent Residence Cards Post Brexit [Our immigration lawyers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) have extensive experience in preparing Permanent Residence and [Naturalisation applications](https://web.archive.org/web/20170116035415/https://immigrationandvisasolicitors.co.uk/naturalisation/) for applicants. It is of paramount importance that EEA nationals consider their options in residing in the UK following the Brexit referendum. Furthermore, there would be benefits in acquiring documents that prove your right to work and and live (permanently or otherwise) in the UK as an EEA national in anticipation of Brexit transitional arrangements. If you wish to consider your options following Brexit or are concerned about your current position in the UK, please do not hesitate to contact our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. #### If you need professional legal advice please contact us for a case assessment on 02030110276. You can also reach us via our contact form. --- # UK Tier 2 Sponsor Licence Success Story Source: https://immigrationandvisasolicitors.co.uk/uk-tier-2-sponsor-licence-success-story/ *Our team of expert solicitors have recently been informed by a client that his company’s [Tier 2 Sponsor Licence](https://www.gov.uk/uk-visa-sponsorship-employers/overview) application under the Points Based System (PBS) has been granted. Our Solicitors prepared an exceptional application, making the process itself a stress-free experience, by ensuring all the requirements were satisfied in accordance with the Home Office’s requirements.* ## Tier 2 Sponsor Licence application to the UK Home Office In our initial consultation with the client, he informed us that he runs a successful specialist internet business which predominantly deals with online software development. We were informed that a position had become available for software programmer and they would like to instruct us to assist the company to acquire a [Tier 2 Sponsor Licence](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/), so they could recruit an overseas worker. We explained the process and researched the specialist sector in which the company operated to so that we understood the operations of the company and how the employment of an overseas worker would meet its requirements and demonstrate a genuine need to employ an overseas worker. After speaking to our expert solicitors and receiving the comfort that our solicitors often assist clients in similar situations to his. The client instructed us to prepare and assist with the submission of a Tier 2 Sponsor Licence application to the UKVI. ## How we can assist submit a successful Tier 2 Sponsor Licence Application to the Home Office Our solicitors grind out positive results by working closely with our clients, ensuring a strongly executed application is submitted to the UKVI. In this particular case, our solicitors directly tackled all the issued involved and submitted an application which was presented in a clear and logical manner. In our experience, we have seen the Home Office often overlook important documents where applications lack clarity are not presented clearly. ## Apply for a Tier 2 Sponsor Licence To submit a successful Tier 2 Sponsor Licence application to the UKVI, your company must meet all the Home Office’s requirements and provide evidence in support of your application. If your company's Tier 2 Sponsor Licence application is granted you will be permitted to issue a [Certificate of Sponsorship](https://www.gov.uk/uk-visa-sponsorship-employers/sponsorship-certificates) (CoS) to suitable candidates from non-European Economic Area (EEA) countries. To apply for a Tier 2 Sponsor Licence you cannot have an unspent criminal conviction for an immigration offence or have any history of failing to carry out sponsorship duties in the past. Each candidate issued with a CoS will be issued a unique CoS number which will be needed when the overseas candidate submits a [Tier 2 (General)](https://web.archive.org/web/20170115234629/https://immigrationandvisasolicitors.co.uk/tier-2-work-permit/) visa application. It is imperative you obtain the correct guidance before submitting any application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. You may wish to contact us if you have any questions regarding any of the requirements. ## Submit successful Tier 2 Sponsor Licence applications to UKVI Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Apply to the UK Home Office to Register as a British Citizen Source: https://immigrationandvisasolicitors.co.uk/register-british-citizen-eligibility/ *There are different ways to acquire British citizenship. Naturalisation is one way of ['becoming' British](https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply), some people may ['register' as a British citizen](https://www.gov.uk/register-british-citizen/overview).We recently wrote about [two specific methods in registering as a British citizen by descent](https://immigrationandvisasolicitors.co.uk/british-parents-register-as-british-citizen/), where you may acquire British citizenship by virtue of one or both of your parents being a British national. In this article, we outline other eligible scenarios where you may register as a British citizen and subsequently acquiring British nationality.* ## British Citizenship by Descent vs British Citizenship Otherwise by Descent These two terms often appear in nationality matters; they denote different routes in acquiring British citizenship. The important distinction to note is that if you acquired British citizenship by descent, you will not normally be able to automatically pass onto the citizenship to your next generation born outside of the UK. In contrast, if you acquired British citizenship otherwise by descent, you will normally be able to automatically pass onto the citizenship to your next generation born outside of the UK. You will normally have acquired British citizenship by descent if you acquired British citizenship by virtue of one or both parents being a British citizen. You will normally have acquired British citizenship otherwise by descent if you acquired citizenship by birth in the UK or registered as a child or naturalised as an adult. ## Register as a British Citizen: Other Forms of British Nationality There are [different forms of British nationality](https://www.gov.uk/types-of-british-nationality/overview). Some of the nationality rights have arisen from the fact that some countries used to be a British colony and others due to historical and political development. For instance, all citizens of Commonwealth countries were British subjects until January 1983. If you fall under the following forms of British nationality and you are able to demonstrate that you have no other citizenship or nationalities, you may be eligible to register as a British citizen: - [British overseas citizen](https://www.gov.uk/types-of-british-nationality/british-overseas-citizen) - [British protected person](https://www.gov.uk/types-of-british-nationality/british-protected-person) - [British subject](https://www.gov.uk/types-of-british-nationality/british-subject) - [British national (overseas)](https://www.gov.uk/types-of-british-nationality/british-national-overseas) If you fall under the above categories, you will normally be able to register as a British citizen. However, you may not be eligible if you have renounced a nationality before prior to your registration. British citizenship acquired under this route will be citizenship by descent.You may contact us if you are unsure whether you will be eligible to register as a British citizen. ## Register as a British Citizen: Born in the UK after 1 January 1983 If you were born in the UK after 1 January 1983 and your parents were not British citizens at the time of your birth, you may still be eligible if you satisfy one of the below scenarios: - You are applying when you are under 18 and either one of your parents have acquired British citizenship since you were born; or - You are [applying when you are 10 years old or older](https://web.archive.org/web/20170318082849/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/484688/T_Guide_Dec_2015.pdf) and you have lived in the UK until you were 10 years old or older. This is a [complex route as many different scenarios have been written into the law](https://web.archive.org/web/20160117002918/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/483729/MN1_Guide_December_2015.pdf) to accommodate different changes in historical development. For instance, different rules may apply if you are an adopted child or if your biological parents were not married at the time of your birth or if your parents/grandparents were in the armed forces. Your eligibility may also depend on how your parents acquired their British citizenship and whether they have renounced any nationalities in the past. In order to fully assess whether you are eligible to register as a British citizen, please always contact our experienced solicitors for assistance. ## Register as a British Citizen: Connections with Gibraltar and Hong Kong As Gibraltar is currently still a British Overseas Territory, if you were born there, you may already have been registered as a British overseas territories citizen. If that is the case, you will have became a British citizen automatically. However, if you were not registered as a British overseas territories citizen, you may still be eligible if you fall under these categories: - You naturalised in Gibraltar as a British overseas territories citizen after 21 May 2002; or - You registered in Gibraltar as a minor after 21 May 2002. As Hong Kong used to be a British colony, many people may have acquired a British national (overseas) passport. If that is the case, you will normally be eligible to register as a British citizen. However, you must satisfy the following requirements: - You are ordinarily resident in Hong Kong at the time of the application; and - You were a resident there on 3 February 1997; and - You must have been a [British national](https://www.gov.uk/types-of-british-nationality) on 3 February 1997; and - You mustn’t have held another citizenship or nationality at the time or since then. The British citizenship you acquire may be by descent or otherwise by descent, hugely dependent on your personal circumstances. For a full assessment, please do not hesitate to contact our immigration solicitors. ## Register as a British Citizen: Other Requirements for British Citizenship by Descent As similar to naturalisation, the Secretary of State must be satisfy that you are you are of ‘[good character](https://immigrationandvisasolicitors.co.uk/uk-naturalisation-application-disclosure-convictions/)’. Normally, this will mean that you have a clean criminal record in the UK and in any other country. Furthermore, you are expected not to have acted dishonestly in their dealings with the UK government. However, if you do have previous criminal convictions, this does not necessarily mean that you will not succeed in your citizenship application. Each case will be unique and will be dependent on other wider personal circumstances. If you are unsure whether you are eligible for British citizenship, our experienced immigration solicitors will be able to discuss and assess your situation with you. ## Successful British Citizenship Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for British citizenship please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # UK Immigration Policy: 28 Days Grace Period Policy Abolished Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-policy-28-day-grace-period-for-overstayers-changes-into-14-days/ *Following the recent changes to the [Immigration Rules HC667](https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc667-3-november-2016) that took effect in November 2016, the 28 days Grace Period Policy has been abolished. Previously Applicants had 28 days from the date their visa had expired to submit an application to extend their leave in the UK or to submit a fresh application . Under the new changes, [Paragraph 39E](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-1-leave-to-enter-or-stay-in-the-uk) has been introduced, which informs us that the new grace period to make an extension or further leave to remain application is 14 days.   * ## Paragraph 39E of the Immigration Rules - New 14 days UK Grace Period Policy > Following the recent changes to the Immigration rules, Paragraph 39E of the Immigration Rules states where > > (1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or > > 2) the application was made > > (a) following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and > > (b) within 14 days of: > > (i) the refusal of the previous application for leave; or > > (ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or > > (iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or > > (iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing. ## Abolishment of the UK Home Office's 28 days Grace Period Policy The 28 days Grace Period Policy, which allowed Applicants to submit further or new applications to the UK Home Office within 28 days from the date their visa had expired, has now been abolished. The key change to the 28 days Grace Period Policy is that the time frame to submit a further or new application has been reduced by half to 14 days and the applicant must show there was "good reason beyond the control" of the applicant or their representative as to why the application could not be submitted in time. In our opinion, the change in the Immigration Rules has been implemented as a result of the 28 days Grace Period Policy being used and abused by UK visa applicants. The purpose of the 28 days Grace Period Policy was to protect Applicants who may have had an application refused by the UK Home Office for minor administrative errors such as paying an incorrect fee invalidating their application or where there are exceptional circumstances as to why the application was not submitted in time. Whilst the 28 days Grace Period Policy has been significantly reduced to 14 days, the Home Office also now requires Applicants to show good reason beyond the control of the Applicant or their representative to benefit from the Grace Period Policy. ## UK Home Office's Additional Requirement to show Good Reason to benefit from the Grace Period Policy The Home Office has removed a blanket 28 days Grace Period Policy and has introduced a new 14 days Grace Period Policy plus the Applicant must show that there was "good reason beyond the control" of the Applicant or their representative to benefit from the Grace Period Policy. Essentially, Applicants can no longer use the Grace Period as a tactical advantage from meeting any part of the Immigration Rules by benefitting from the short delay in submitting their application if they fall short of a specific requirement. Whilst it is not yet clear what would constitute a "good reason" for failing to submit an application in time, there is likely to be a handful of cases seeking an interpretation of what constitutes a "good reason", which will pave the way as a precedent to follow. For the present purposes, Applicants must ensure that they are able to support any good reasons for failing to submit their application in time with strong coherent evidence. ## Successful Immigration Applications and Appeals [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Suitable Investments for UK Tier 1 Entrepreneur Visa Applications Source: https://immigrationandvisasolicitors.co.uk/tier1-entrepreneur-qualifying-investments/ *The [Tier 1 Entrepreneur visa](https://www.gov.uk/tier-1-entrepreneur) is perfect for businesspersons who would like to establish or take over a business in the UK or to invest into an existing UK business. In order for your application to be successful, you must [satisfy certain requirements](https://web.archive.org/web/20190320194244/https://immigrationandvisasolicitors.co.uk/uk-home-office-business-visa-requirements-tier-1-genuine-entrepreneur-test/), different criteria may apply depending on whether you have access to investment funds of £50,000 or £200,000. Applicants can generally invest in most types of businesses but there are specific criteria set out by the [UK Home Office](https://www.gov.uk/government/organisations/home-office) that must be strictly adhered to.* ## UK Tier 1 Entrepreneur Visa: Appropriate Investments The full [guidance on Tier 1 Entrepreneur applications](https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-1-entrepreneur) should always be consulted. In summary, the investments which are currently acceptable include: - **Direct cash investments** – accounts in your own name (or entrepreneurial team) should show the money has been used by the business; - **Share capital** – if the company structure allows you to raise money through shares; and - **Directors loan** – if it is unsecured and subordinated in favour of third party creditors and if have become a director of a company. You will be required to provide specified documentary evidence to demonstrate that you have made the above investments in a prescribed manner. If you wish to apply for a [Tier 1 Entrepreneur visa](https://web.archive.org/web/20190320155613/https://immigrationandvisasolicitors.co.uk/uk-tier-1-entrepreneur-visa-application/), LEXVISA can help you with your application and queries. Our expert team of lawyers can assist you with the preparation of your application and ensure that you meet all the requirements of the relevant [Immigration Rules](https://immigrationandvisasolicitors.co.uk/success/), we will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application. ## Tier 1 Entrepreneur Visa: Are Property Permitted investments? As a [Tier 1 Entrepreneur](https://web.archive.org/web/20170525070429/http://immigrationandvisasolicitors.co.uk:80/tier-1-entrepreneur-visa-lawyers-london) with access to investment funds, you will have a wide variety of investment and business activity options. However, the [Immigration Rules](https://www.gov.uk/guidance/immigration-rules) have been written in such a way to enable the Tier 1 Entrepreneur investments to boost competitiveness in business instead of engaging in investment activities in purely buying and selling property. Despite this intention behind the rules, you will still be allowed to invest in 'property related businesses', just not in property itself. The Immigration Rules provide that investments and business activities do not include the following: - Investment in any residential accommodation; or - Property development; or - Property management; and - Must not be in the form of a director's loan (unless it is unsecured and subordinated in favour of the business). Hence, if you have purchased property for your business that includes residential accommodation, those investments will also not be taken into account for the purposes of your immigration application. The Immigration Rules further provide the following definitions: > Property development is any development of property (real estate) owned by the applicant or his business to increase the value of this property with a view to earning a return either through rent or a future sale, or both. Similarly: > Property management refers to the management of property (regardless of who owns it - whether or not it is owned by the applicant or his business) for the purposes of renting it out or for resale. These definitions provide that investments and business activities can still be in property related businesses as long as the purpose of the businesses' purposes are not to rent our or resale the properties. The principle is that business income must be generated from the supply of goods and/or services, and not derived from the increased value of property or any income generated from property, such as rent. Therefore, your business activities and investments in the UK as a Tier 1 Entrepreneur, for example, can be in the construction, hotel, and property refurbishments businesses. ## UK Tier 1 Entrepreneurs: Our Network of UK Business Advisors Our business immigration team are regularly instructed to prepare initial and extension visa applications for entrepreneurs wanting to work and live in the UK. Starting a business in the UK is challenging and having the right business connections at the outset is a must. Our business immigration solicitors have developed a network of business experts that will strive to help you succeed.  We can ensure that not only remain compliant with your visa conditions and will be able to demonstrate your eligibility for an extension visa or indefinite leave to remain. Starting a business is not easy but it can be made easier. We are entrepreneurs ourselves and have the right business connections available to you at the outset. We have a network of business experts that will strive to help you succeed.  As well as legal advice, we can provide you with an array of carefully selected business advice recommendations, from accounting to investment advice, tax advice and business plan development and management consultancy services. If you have any doubts, please do not hesitate to contact our immigration lawyers. ## Successful UK Tier 1 Entrepreneur Visa Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. We can ensure that you remain compliant with your visa conditions and will be able to demonstrate your eligibility for an extension visa or indefinite leave to remain. Get in touch with our business immigration lawyers now on 02030110276.   You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Home Office New Employer Penalties for Employing Illegal Workers Source: https://immigrationandvisasolicitors.co.uk/employer-penalties-illegal-working/ *Since the [Immigration Act 2016](http://www.legislation.gov.uk/ukpga/2016/19/contents/enacted/data.htm) came into force, a range of enforcement measures have been implemented by the [Home Office](https://www.gov.uk/government/organisations/home-office) to show the Government's intentions to toughen up their operational enforcement activities against illegal workers. The Government not only places a high expectation on workers themselves to comply with immigration rules, they also place a high expectation on UK employers to take all reasonable steps to ensure that they are not employing illegal immigrants. As a responsible employer, you must take all necessary and reasonable step to ensure that your are not employing illegal workers.* ## UK Employer: Your Responsibilities as an A-rated Sponsor Licence Holder As a responsible employer, you are expected to check your employees properly. You must carry out thoroughly '[right to work](https://www.gov.uk/penalties-for-employing-illegal-workers)' checks for all of your employees to ensure that you are not employing illegal workers. The 'right to work' checks generally include the following 3 steps: - Checking your employees' (or potential employee's) documents; - Take a copy of all their relevant documents; - Ensure that you are reasonably satisfied that your workers are in the UK legally and are allowed to work for your business. When you check your workers' documents, you must ensure that original and genuine documents have been provided. Further, you must ensure that your workers will not be in breach of any immigration conditions if they were to be working for you. For example, you must ensure that they have permission to enter and stay in the UK and that their visa is still valid. Apart from the dates of validly, you must also ensure that their visa type actually allows them to work for you in certain type of work. [Immigration Rules](https://www.gov.uk/guidance/immigration-rules) may be complicated in application, if you are ensure whether certain rules apply to you, you should always seek legal advice from our experienced immigration solicitors. You must apply for a [Sponsor Licence](https://immigrationandvisasolicitors.co.uk/uk-tier-2-sponsor-licence-success-story/) if you wish to employ foreign workers. Once you have obtained an A-rated Sponsor Licence, you will be in a position to sponsor workers and to apply for the appropriate work visa for them. After you have checked their original documentation, you should always keep a record of this. If you develop doubts about their right to work at any point, you should always take further steps to make sure that they did not have a right to work. You can take these steps by reading further on [how to carry our right to work checks](https://www.gov.uk/check-job-applicant-right-to-work) or contact qualified legal professionals for legal advice. ## UK Employer: Home Office Penalties for Employing Illegal Workers The primary sanction for employers when they have been found employing illegal workers is a civil penalty. The maximum amount of civil penalty has increased from £10,000 per illegal worker to £20,000 per illegal worker since the Immigration Act 2014 came into force. Furthermore, it has been made an offence for an employer to employ illegal workers if they had any [reasonable cause to believe](https://www.gov.uk/penalties-for-employing-illegal-workers) that the worker had no right to work in the UK. If an employer is found guilty of this offence, the maximum custodial sentence on indictment is currently 5 years. Since 1 December 2016, apart from having the power to prosecute illegal workers and employers who employ illegal workers, an immigration officer will now have the power to close down premises for up to 48 hours if employers '[continue to flout the law by employing illegal workers and evading sanctions](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/537205/Immigration_Act_-_Part_1_-_Illegal_Working.pdf)'. Following this initial closure notice, the Home Office also has the power to seek continued closure notice from the courts and to impose special compliance requirements on the employers. It is clear that the Government is further making it more difficult for illegal immigrants to work and live in the UK. As an employer, not only will these penalties affect your business financially, they will also affect your business's reputation. Further, immigration offences may put a damper on your other licence applications, e.g. alcohol or premise licences, as this can potentially raise grounds for refusing an application or revocation of your licences if you are already a licence holder. ## UK Employer: Legal Advice from LEXVISA Immigration Solicitors As outlined above, you can see that an employer may face serious penalties if they are found to be employing illegal workers. These penalties will affect your business financially and in other aspects. Therefore, it will be important for employers to ensure that they are complying with all the relevant laws such that they can avoid having such penalties imposed against them. Our business immigration team are regularly instructed to carry our compliance audit for business owners in the UK. We can ensure that not only your business will remain compliant with you relevant Immigration Rules,  we will also be able to provide bespoke advice for each specific situation. Running a business is not easy but it can be made easier. We are entrepreneurs ourselves and have the right business connections and experience available to you at the outset. We have a network of business experts that will strive to help you succeed.  As well as legal advice, we can provide you with an array of carefully selected business advice recommendations, from accounting to investment advice, tax advice and business plan development and management consultancy services. If you have any doubts, please do not hesitate to contact our immigration lawyers. ## Successful Sponsor Licence Applications and Right to Work Checks [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to successfully guide you through any relevant process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. We can ensure that you remain compliant with your employer duties and responsibilities. Get in touch with our business immigration lawyers now on 02030110276. You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Home Office makes failures to comply with Right to Rent Check a criminal offence under Immigration Act 2016 Source: https://immigrationandvisasolicitors.co.uk/right-to-rent-check-may-lead-criminal-offence-under-immigration-act-2016/ *Since the introduction of the [Right to Rent](https://www.gov.uk/check-tenant-right-to-rent-documents/who-to-check) Check Scheme, the Home Office Checking Service has been used over 11,000 times. It is evident the Right to Rent Check Scheme has served as an effective deterrent in preventing landlords and agents renting to tenants who do not hold lawful immigration status. As a direct result of its success, the UK Government has made further amendments to the [Immigration Act 2016](http://www.legislation.gov.uk/ukpga/2016/19/part/2/crossheading/residential-tenancies/enacted) with the introduction of new criminal offences for landlords and agents who fail to comply with the Right to Rent Check. Landlords and agents who fail to conduct the Right to Rent Check could face imprisonment and/or heavy fines.* ## UK Landlords and Agents could face criminal liability under the Immigration Act 2016 As a landlord, you will have committed a criminal offence under [section 33A](http://www.legislation.gov.uk/ukpga/2016/19/part/2/crossheading/residential-tenancies/enacted) of the Immigration Act 2016, if you knowingly rent your property to a person who has been disqualified from renting in the UK as a result of holding unlawful immigration status in the UK. However, the Immigration Act 2016 does offer protection to landlords who are found guilty of the offence as a result of an innocent mistake. Under the Act, a criminal offence is only committed if you knowingly rent your property to a person who does not hold lawful immigration status in the UK or you had reasonable cause to believe your tenant did not have lawful immigration status in the UK. The criminal offences provisions also apply to agents who rent properties on behalf of landlords. Section 33B states agents will also be committing an offence if an agent: > (a)knew or had reasonable cause to believe that the landlord would contravene section 22 by entering into the residential tenancy agreement in question, > > > (b)had sufficient opportunity to notify the landlord of that fact before the landlord entered into the agreement, but > > > (c)did not do so. It is of paramount importance both landlords and agents conduct the mandatory Right to Rent Check otherwise they may be liable to face criminal proceedings. As a landlord or an agent, you may have a defence available to you if you can prove you have taken reasonable steps within a reasonable time frame to terminate the residential tenancy agreement once it was in your knowledge that your tenant no longer qualifies to rent in the UK. It is essential you conduct regular checks for all your tenants including permitted occupiers in the property and ensure their immigration status is checked regularly as it is possible for a tenant’s immigration status to change over the course of the tenancy. It is clear the government has introduced the criminal offences to prevent individuals with unlawful immigration status to rent in the UK and to prevent migrants from being exploited. Over the years landlords and agents have often taken advantage of migrants by forcing them to live in undesirable living conditions. Recently Immigration Minister James Brokenshire has said, > "landlords and agents who exploit migrants and who repeatedly fail to carry out Right to Rent Check or fail to take steps to remove illegal immigrants from their  property will find they could now face going to jail." If you are found of an offence under section 33A or 33B you will liable to face criminal proceedings against you.  A person guilty under section 33 is liable: > (a)on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both; or > > > (b)on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine or to both. ## Importance of carrying out UK Home Office Right to Rent Check properly We have previously written about the [Right to Rent](https://immigrationandvisasolicitors.co.uk/right-to-rent-scheme-uk-landlords/) Check, as a landlord or an agent you must conduct a Right to Rent Check before renting a property. Previously if you failed to carry out the necessary checks you may have been subject to a civil penalty of up to £3000 per illegal migrant tenant. However, under the recent changes, it is likely if found guilty of an offence under The Immigration Act 2016 you could be subject to criminal proceedings. There is no specific method of carrying out Right to Rent checks but the government have provided some guidance on how these checks should be conducted. If you need assistance in conducting the mandatory Right to Rent checks  or have queries,  our team of solicitors are able to assist you in ensuring you are not guilty of an offence under the Immigration Act 2016. ## Successful UK Home Office Right to Rent Check [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to successfully guide you through any relevant process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. We can ensure that you remain compliant with your employer duties and responsibilities. Get in touch with our business immigration lawyers now on 02030110276. You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Apply to UK Home Office for an EEA Family Permit: New ‘Surinder Singh’ Regulations Source: https://immigrationandvisasolicitors.co.uk/uk-eea-family-permit-surinder-singh/ *An EEA Family Permit is a formal document issued to non-[European Economic Area](https://www.gov.uk/eu-eea) (EEA) nationals under the [Immigration (European Economic Area) Regulation](http://www.legislation.gov.uk/uksi/2006/1003/regulation/12/made)s 2006. An EEA Family Permit grants non-EEA family members permission to join their EEA family members in the UK. If you are granted an EEA Family Permit it will be valid for up to 6 months and you will then be able to submit an EEA Residence Card application to extend your stay in the UK. EEA nationals can apply for an EEA Registration Certificate to certify their residence in the UK.* ## EEA Family Permit: What is it and who is it for? Normally, non-EEA nationals who are family members of EEA nationals can apply for a EEA family permit, such that they may travel to the UK freely with their EEA national family member. Once you have been granted an EEA family permit, it will be valid for 6 months and you will be allowed to live and work in the UK. After the 6 months validity, you may apply for a [Residence Card](https://web.archive.org/web/20190221004336/https://immigrationandvisasolicitors.co.uk/eea-residence-card/) such that it makes it easier to prove your right to work and live in the UK. A direct family member of an EEA national will not necessarily need to apply for a Residence Card after the family permit expires, however, extended family members will be required to apply for one or else they will be considered as an overstayer. ## EEA Family Permit: What is the 'Surinder Singh' Route? The rules governing EEA family permits is the Immigration (European Economic Area) Regulations 2006, instead of the Immigration Rules. Generally, an EEA national will not be considered as excersing Treaty rights in their own country. Hence, the family memebrs of British citizens do not qualify for a EEA family permit under EEA Regulations. However, if a British national has excercised treaty rights in another Member State and wishes to return to their own State, their non-EEA family members may qualify for entry clearance under EEA Regulations. ## EEA Family Permit: The case of Surinder Singh The [case of Surinder Singh](http://www.bailii.org/cgi-bin/format.cgi?doc=/eu/cases/EUECJ/1992/C37090.html&query=(R)+AND+((Secretary)+AND+(of)+AND+(State)+AND+(for)+AND+(the)+AND+(Home)+AND+(Department))+AND+(v)+AND+(Immigration)+AND+(Appeal)+AND+(Tribunal)+AND+(Surinder)+AND+(Singh)) concerns an Indian national who was married to a British national. The couple was employed and working in Germany for a long period of time before they decided to return to the UK. The case in point arose was that whether the spouse of a national of a Member State, who has exercised Treaty rights in another Member State, is entitled to enter and remain in the EEA national's home State. The judgement was that a non EEA family member of a British national will be entitled to join their British national family member under European Community law, if and only if, they satisfy the criteria establised in the Surinder Singh case. The first criteria is that the British national must be exercising an economic Treaty right in another Member State. Hence, they must have been residing in another Member State as a worker or self-employed person or have been doing so before retunring to the UK. Further, if the non EEA family member is a applying as a spouse or partner, they must be living together in the EEA country or must have entered into a marriage or civil partnership and have been living in the relevant EEA country before the Birish national returned to the UK. ## EEA Family Permit: New Regulations of Surinder Singh cases The new [Immigration (European Economic Area) Regulations 2016](http://www.legislation.gov.uk/uksi/2016/1052/contents/made) will mostly be coming into force from 1 February 2017. However, Regulation 44 and Schedule 5, in relation to Surinder Singh cases has come into force on 25 November 2016. The new Regulations provide a reason of refusal and will not apply to: (a) where the purpose of the residence in the EEA State was as a means for circumventing any immigration laws applying to non-EEA nationals to which family members would otherwise be subject (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or (b)to a person who is only eligible to be treated as a family member as a result of regulation 7(3) (extended family members treated as family members). This essentially puts a higher threshold of evidential burden on the applicant to prove that they are in a genuine relationship with the British national in question. Further, the genuieness of theie residency with the British national in a Member State will be stricter scrutinised. If you are unsure as to whether you meet the requirements, please always contact our immigration team for specialist advice. ## Brexit Impact on EEA Family Permit Applications The UK will continue to be a party to the European Union until prime minister Theresa May officially initiates separation proceedings by summoning [Article 50](http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/577971/EPRS_BRI(2016)577971_EN.pdf). Following the aftermath of Brexit, it is clear there are considerable concerns for EEA nationals and their family members in relation to their future in the UK. However, it is important to note that there have been no immediate changes to the current UK immigration laws but as a direct consequence of the referendum, there has been an unprecedented increase of Family Permit and Residence Card applications causing excessive delays in the processing times. Whilst there are no immediate changes it is evident that there will be some changes to the current UK immigration rules. ## Successful EEA Family Permit Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office [UK Visa & Immigration](https://www.gov.uk/government/organisations/uk-visas-and-immigration) department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Home Office Guidance on the Tier 2 Resident Labour Market Test Source: https://immigrationandvisasolicitors.co.uk/resident-labour-market-test/ *Employers must demonstrate they have conducted the Resident Labour Market Test before recruiting a non-European Economic Area (EEA) migrant worker under the [Tier 2 (General)](https://web.archive.org/web/20170115234629/https://immigrationandvisasolicitors.co.uk/tier-2-work-permit/) visa. The Home Office has made is clear that they will refuse Tier 2 applications where employers have failed to conduct the [Resident Labour Market Test](https://www.gov.uk/uk-visa-sponsorship-employers/job-suitability). Employers must demonstrate they have advertised the vacancy for at least 28 consecutive calendar days in accordance with their policy guidance, within the 6 month period before assigning a Certificate of Sponsorship to a non-EEA migrant. Assessing a candidate’s suitability for a job role solely on qualifications is relatively straightforward for employers but challenges often arise when assessing a candidate's intangible skills referred to as soft skills which are not easily distinguishable.* ## Assessing soft skills under the UK Resident Labour Market Test There is little flexibility available for employers in relation conducting the Resident Labour Market Test save for a few exceptions. The Home Office policy guidance on the Resident Labour Market Test can be seen as an authoritative set of rules which state how and when the Resident Labour Market test should be conducted. On the other hand, the Home Office policy guidance remains silent on the issues surrounding which particular soft skills can be specifically advertised in the Resident Labour Market Test. Soft skills are regarded as intangible skills which employers expect from their employees such as excellent time management skills, being a team player and communication. Assessing qualification and experience is a straight forward task as its either a simple yes or no. Assessing soft skills is a much bigger and demanding task as there is a  lack of guidance on the assessment of soft skills by the Home Office, which makes it unclear as to how broad the employer's discretion is in the assessment of soft skills when hiring non-EEA national candidates. ## Conducting Home Office Resident Labour Market Test Employers in the hunt for suitable candidates to fill vacant job roles in their organisation must conduct a Resident Labour Market Test for 28 consecutive calendar days unless the job is listed on the Shortage of Occupation list. The job must be advertised using two different methods, one method of advertisement must be using the Jobcentre Plus Universal Job Match Service to advertise the vacant job to UK settled workers. There are some circumstances where employers may not need to carry out the Resident Labour Market Test for instance where the annual salary of the vacant job is £72,500 or above or in the jobs relating to the [creative sector](https://www.gov.uk/government/collections/sponsorship-information-for-employers-and-educators#codes-of-practice) where the non-EEA migrant will be making a contribution to the labour market. The second method of advertisement could be placed in the national newspaper, professional journals or in a milkround programme. Whilst carrying out a Resident Labour Market Test UK employers must ensure the job role is advertised in accordance with the Home Office’s guidance. The Guidance states all Resident Labour Market Tests must address the following: > - Job description including duties and responsibilities; > - Location, type of employment and salary; > - Skills, qualifications and experience needed; and > - Closing date for applications. A Certificate of Sponsorship can only be assigned to a non-EEA national worker once the Resident Labour Market Test has been conducted. If you fail to carry out the Resident Labour Market Test it is likely the non-EEA national worker will be refused a Tier 2 Visa and the Tier 2 Sponsor's licence may be revoked. The Home Office policy guidance states that employers must consider all UK settled candidates ahead of non-EEA national workers. In our experience, the Home Office will not issue a Tier 2 (General) visa where an employer has failed to assess and employ UK settled candidates with the required qualifications and experience. After all, the purpose of the UK Home Office introducing the Resident Labour Market Test was to ensure that UK settled workers were not placed at a disadvantage from seeking employment in highly skilled jobs by the recruitment of non-EEA national workers. ## Home Office Changes to Tier 2 UK Resident Labour Market Test The Home Office are always updating or implementing new policies in an attempt to cut down on net migration figures in the UK and have recognised the need to protect  job opportunities for UK settled workers. Since 24 November 2016, the Home Office increased the Tier 2 (General) visa salary threshold requirement to £25,000 and have proposed a further increase of the salary threshold to £30,000 by April 2017. This marks a radical change to the requirements for obtaining a Tier 2 (General) visa and has made the requirements for obtaining a Tier 2 (General) visa stringent and complicated. It is therefore necessary to ensure you obtain specialist legal advice from [solicitors](https://immigrationandvisasolicitors.co.uk/) with Tier 2 (General) visa knowledge and expertise. ## Successful Tier 2 UK Resident Labour Market Test [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.   --- # Apply to the UK Home Office for a Derivative Residence Card Source: https://immigrationandvisasolicitors.co.uk/uk-derivative-residence-card/ *Derivative rights of residence are 'derived' from other instruments of the EU law. A person who does not qualify for a right of residence in the UK under the [EU Directive 2004/38/EC](http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:en:PDF) may qualify for another right of residence under the EU law. There are different type of derivative rights of residence. * ## Derivative Residence Card: What is it? A [derivative residence card](https://www.gov.uk/derivative-right-residence/overview) is a document that can prove your right to live and work in the UK. Derivative right of residence are 'derived' from other instruments of the EU law. A person who does not qualify for a right of residence in the UK under the [EU Directive 2004/38/EC](http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:en:PDF) may qualify for another right of residence under the EU law. There are different type of derivative rights of residence. ## Derivative Residence Card: Who can apply? If you are a non-EEA national who is the primary carer of a British child or British dependent adult or a self-sufficient EEA child, you may be eligible to apply for a derivative residence card. These cases are broadly known as the ['Zambrano' cases](https://immigrationandvisasolicitors.co.uk/home-office-pays-40000-in-damages-for-delay-in-issuing-eu-residence-documents/), where a British national (child or dependent adult) will have to leave the UK if their primary carer were to be forced to leave the UK. If you are a non-EEA national who is the primary carer of a self-sufficient EEA national child, you may also be eligible to apply for a derivative residence card. These cases are broadly known as the 'Chen' cases, where requiring the primary carer to leave the UK will lead to the EEA national child being prevented from exercising their Treaty rights. You should note that to qualify as a self-sufficient EEA national, the EEA national must hold private comprehensive sickness insurance. You may also be eligible to apply for a derivative residence card if you are the child of an EEA national who stops working in the UK or leaves the UK. To be eligible in this route, you must satisfy all of the following: - You must be in education in the UK; and - Your EEA parent has worked in the UK when you have lived in the UK; and - Your EEA parent has lived in the UK when you have been in education; and - You are unable to get a UK residence card or registration certificate. If you qualify under this route, your primary carer will also be able to obtain derivative right of residence in the UK with you. ## Derivative Residence Card: What you need to know Interestingly, a derivative residence card will not have a fixed validity period. Your right of derivative residence will be maintained as long as your are eligible. This means that you may live and work in the UK as long as the person you are caring for continues to live in the UK and that you continue to care for them. Obtaining documentation for your derivative right of residence will make it easier for you to re-enter the UK, to show employers that you have a right to work, and to show relevant authorities that you have the right to live in the UK. You should note that any time spent when you are exercising your derivative right of residence will not be counted towards your permanent residence qualifying time. If you wish to explore your options in applying for Indefinite Leave to Remain in the UK, you should always contact us for strategic legal advice and possible options applicable to you. ## Successful UK Derivative Residence Card Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. We can ensure that you remain compliant with your visa conditions and will be able to demonstrate your eligibility for an extension visa or possibly indefinite leave to remain. Get in touch with our business immigration lawyers now on 02030110276.   You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Correcting Home Office mistakes on your Biometric Residence Permit (BRP) and Naturalisation Certificate Source: https://immigrationandvisasolicitors.co.uk/correcting-mistakes-biometric-residence-permit-official-uk-home-office/ *A Biometric Residence Permit [(BRP)](https://www.gov.uk/biometric-residence-permits/need-brp) is an important identity document which evidences your right to reside in the UK as a [Non-European Economic national](http://www.ukcisa.org.uk/Information--Advice/EEA--Swiss-Students/Are-you-an-EEA-national) (EEA). It is becoming a common norm for the Home Office to issue Biometric Residence Permits and other important identification documents with significant errors on them. If you have been issued a BRP or any other immigration document with errors on it, it is highly recommended that you have these documents corrected as soon as possible. You will also need to correct errors on Naturalisation Certificates, which takes the form of a fee paid application to the UKVI Home Office.* ## Biometric Residence Permits and Naturalisation Certificate Issued by UK Home Office A Biometric Residence Permit is an official identity document issued by the Home Office which would confirm your right to reside in the UK. The document itself will include your personal details such as; name, date of birth and most importantly include your immigration status in the UK.  You will receive a BRP if you apply to come to the UK for a period longer than 6 months or if you have made an in-country application to extend your current visa or apply to settle in the UK. A Naturalisation Certificate is an official document issued by the Home Office to certify your right to British citizenship and attend a ceremony to get naturalised in the UK. ## Home Office mistakes on BRPs and Naturalisation Certificates In our experience, we have noted that the Home Office often issues Biometric Residence Permits and Naturalisation Certificates with fundamental mistakes on them. Personal details such as; names, date of birth and visa details are incorrectly stated on the BRP and Naturalisation Certificate. If the Home Office have sent you an inaccurate BRP document or Naturalisation Certificate, you should report the errors to the UK Home Office within 10 days or you may have to apply for a replacement BRP or as soon as possible for a duplicate Naturalisation Certificate. The processes of rectifying Home Office errors on your BRP and Naturalisation Certificate are long-winded and could potentially cause inconvenience for people who may need their BRP and Naturalisation Certificate to meet the [right to rent](https://immigrationandvisasolicitors.co.uk/right-to-rent-scheme-uk-landlords/), [right to work](https://web.archive.org/web/20170116004254/https://immigrationandvisasolicitors.co.uk/hr-advice-right-to-work-checks-penalties-ukvi-business-immigration/) checks or other formal requirements. ## Rectifying mistakes on BRPs and Naturalisation Certificates The process by which mistakes on BRPs and other UK Immigration documents are rectified can be a complex, lengthy and cumbersome process. If there is a problem with the length or visa category on your BRP you may need to apply for an Administrative review. Alternatively, for basic errors in the BRP document, these can be reported using the UKVI Home Office online tool. The Home Office will usually respond within 5 days informing you of what steps you would need to take next to rectify the errors. The Home Office are also known to make errors on other UK immigration documents such as Naturalisation Certificates. To correct a mistake on a Naturalisation certificate you would need to make a fee paid application to the UKVI Home Office to correct errors on Naturalisation Certificates and for the UKVI Home Office to provide you with a duplicate Naturalisation Certificate. It is very important that all details on the Naturalisation Certificate are true and accurate as any errors could prevent you from obtaining British citizenship. ## Successfully Correct Home Office mistakes on your BRP and Naturalisation Certificate Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our contact form. --- # Right to Administrative Review following UK Home Office Refusal Decision Source: https://immigrationandvisasolicitors.co.uk/administrative-review-uk-home-office/ *Since the introduction of the Administrative Review process applications refused under the[ Points Based System](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system) (PBS), can only be challenged by Administrative Review on the grounds of fundamental case working errors. Upon review, if the Home Office consider the refusal decision to be incorrect due to a case working error it is likely that the refusal decision would be overturned. Under the updated [Immigration Rules Appendix AR](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ar-administrative-review), it has been made clear in some circumstances new evidence which was not previously submitted with the application may be relied upon and considered in the Administrative Review.* ## Administrative Review of UK Home Office Refusal Decision In theory, the Administrative Review process protects Applicants from incompetent case workers who incorrectly refuse applications. You can request the Home Office to rectify a case working error by submitting an Administrative Review. If you are currently outside the UK, you will only be permitted to submit an Administrative Review if ALL of the following apply; - Your application was refused on or after 6 April 2015; - You are outside the UK and you applied outside the UK; and - You don’t have a right of appeal. All Administrative Reviews from outside the UK must be submitted within 28 days of getting the original decision whereas in-country Administrative Reviews must be submitted within 14 days of getting the original decision. Once you have submitted an Administrative Review you should not make any other immigration or visa application, ask for your passport or leave the UK (for in-country reviews) as participating in any of these will invalidate your request for an Administrative Review. ## UK Home Office case working error in the Refusal Decision A case working error under the[ Immigration rules AR 2.11](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ar-administrative-review) is where >       the original decision maker’s decision to: > > - (i) refuse an application on the basis of paragraph 320(7A), 320(7B), 322(1A) or 322(2) of these Rules; or > - (ii) cancel leave to enter or remain which is in force under paragraph 321A(2) of these Rules; or > - (iii) cancel leave to enter or remain which is in force under paragraph V9.4 of Appendix V of these Rules; or > - (iv) refuse an application of the type specified in paragraph AR3.2(d) of these Rules on grounds of deception, > - was incorrect. > > A case working error could also potentially arise where a decision maker has not requested for specified documents under [Paragraph 245](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system#pt6adocuments) AA of the Immigration Rules and has incorrectly applied the Immigration Rules correctly or has failed to apply the Secretary of State's relevant policy and Guidance. ## Evidence considered in the Administrative Review of the Refusal Decision Firstly the Refusal Decision will be reviewed to establish whether there has been a case working error. Following this the Administrative Review process will begin, in the vast majority of cases new evidence will not be considered except where: - The evidence demonstrates that a case working error has occurred as defined under Paragraph AR 2.11 (A) (B) (C); or - The evidence demonstrates that the refusal under paragraph 322 (2) of the immigration rules was a case working error and the Applicant has not previously served a decision to: > refuse or revoke an application for entry clearance, leave to enter or leave to remain in the UK; or > > cancel or curtail enter or leave to remain; or remove a person from the UK resulting in cancelling leave to enter or remain in the UK. In some scenarios where a reviewer has identified a case working error under paragraph AR 2.11 of the immigration appendix AR, the reviewer may contact the Applicant or the representative to request for additional evidence on the case working error, which should then be forwarded to reviewer within 7 working days. The additional evidence will assist the reviewer to decide whether to overturn or uphold the Refusal Decision. The Administrative Review will be reviewed by a different person or an independent team but it is usually carried out by an Administrative Review Manager. ## Successful Administrative Review against UK Home Office Refusal Decision [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. We can ensure that you remain compliant with your visa conditions and will be able to demonstrate your eligibility for an extension visa or possibly indefinite leave to remain. Get in touch with our business immigration lawyers now on 02030110276.   You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Government’s reversal of Immigration and Asylum Appeal fees increase Source: https://immigrationandvisasolicitors.co.uk/immigration-appeal-fees/ *The [Immigration and Asylum Appeal fees increase](https://immigrationandvisasolicitors.co.uk/immigration-and-asylum-fees/) that took effect on 10 October 2016 has now been reversed by the UK Ministry of Justice. The [UK Ministry of Justice ](https://www.gov.uk/government/people/oliver-heald)has also said that it would be reviewing the role of fees in the Upper Tribunal and consult new plans on Tribunal fees.* On 25 November 2016 the [UK Ministry of Justice ](https://www.gov.uk/government/organisations/ministry-of-justice)announced the reversal of increase of Immigration and Asylum Chamber appeal fees. The change of fees came into effect on 10 October 2016 and increased the asylum and immigration fees from £80 to £490 for a decision on papers and from £140 to £800 for an oral hearing. The change has been now reversed with immediate effect. The Government is also reviewing the role of fees in the [Upper Tribunal ](https://www.gov.uk/courts-tribunals/upper-tribunal-immigration-and-asylum-chamber)and will consult on new plans for Immigration and Asylum Tribunal fees. The October increase caused an overwhelming opposition in a public consultation and concern that the changes would deny justice to many vulnerable people and leave a number of decisions unchallenged. ## UK Government's decision to reverse the increase of Immigration and Asylum Appeal fees The UK Government made its announcement on Friday. Sir Oliver Heald, the minister responsible for courts and justice, said that all applicants would be charged previous fees and that there will be a reimbursement for those who have already paid the increased fees. Sir Oliver Heald said: > The fee increases introduced in the Immigration and Asylum Chamber of the First-tier Tribunal are affordable for those who have to pay, taking into account the fee exemptions and waivers that apply, as well as the Lord Chancellor’s exceptional power to remit fees. However, we have listened to the representations that we received on the current fee levels and have decided to take stock and review the immigration and asylum fees, to balance the interests of all tribunal users and the taxpayer and to look at them again alongside other tribunal fees and in the wider context of funding for the system overall. The Minister of State at the Ministry of Justice responsible for courts and justice announced that all applicants will pay the fees at previous level and those who have already paid will be reimbursed. > From today all applicants will be charged fees at previous levels and we will reimburse, in all cases where the new fees have been paid, the difference between that fee and the previous fee. We will bring forward secondary legislation to formalise the position as soon as possible. That legislation will come into force shortly, but in the meantime the changes will be effected through the use of the Lord Chancellor’s discretionary power to remit or reduce fees. ## Using Legal Representation to Appeal Home Office decisions The process of appealing a [Home Office](https://www.gov.uk/government/organisations/home-office) decision is complex and you will need to provide evidence in support of your appeal and prepare the bundle for the appeal hearing. It is important to ensure you have the correct documents in support of your appeal to avoid delays and ensure your appeal is successful. Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit your appeal. In order to ensure your appeal succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your appeal meets the relevant Immigration Rules. ## Successful Immigration Applications and Appeals [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). * * ## --- # UK Immigration Case Study: New Supreme Court Ruling on Section 3C Leave Source: https://immigrationandvisasolicitors.co.uk/uk-section-3c-leave/ *A new ruling concerning section 3C leave, as substituted by section 118 of the Nationality, Immigration Act 2002, from the Supreme Court was given today. The case of [Mirza v Secretary of State for the Home Department (SSHD) [2016] UKSC 63](https://www.supremecourt.uk/cases/docs/uksc-2015-0209-judgment.pdf) was heard on 19 October 2016 and judgement was given on 14 December 2016. The judgement provided further clarifications on the operation of section 3C leave. The operation of relevant rules and laws had not changed; however, the justices at the Supreme Court did comment on the complexity of the current rules and that the case was somewhat troubling because of that.* ## What is Section 3C Leave? Section 3C of the Immigration Act 1971 provides that a person's leave to remain in the United Kingdom (UK) may be extended if an application to vary that leave has been made before the expiry of the original leave. This provision was further amended and then substituted by section 118 of the [Nationality, Immigration Act 2002](http://www.legislation.gov.uk/ukpga/2002/41/section/82) (as amended by section 11 of the [Immigration, Asylum and Nationality Act 2006](http://www.legislation.gov.uk/ukpga/2006/13/crossheading/employment)). The provision states that section 3C leave can only be relied on if the application of the variation of leave has not yet been decided after the original leave expires. Essentially, it means that you may not rely on section 3C leave to extend your leave if your application was refused before your leave expires. Furthermore, in order to rely on section 3C leave, you must have made a 'valid application'. The validity of an application will include making the correct payments with a prescribed mode of payment. ## Mirza v SSHD (2016): The Facts in relation to Section 3C Leave This [case](https://www.supremecourt.uk/cases/docs/uksc-2015-0209-press-summary.pdf) involves three slightly different scenarios. Mr Iqbal and Mr Mirza's cases involved a payment complication in relation to their in-time application. The issues of paying a wrong fee and a non-payment of application fess came to light when their application was rejected as invalid, after their leave has expired. Both Appellants attempted to make a fresh applications after the initial rejection, thinking that they could rely on section 3C leave to extend their original leave. However, it has be ruled that an application not accompanied by the specified application fees will not be considered as a valid application. This is in line with the usual interpretation of Regulation 37 of the [Immigration and Nationality (Fees) Regulations 2011](http://www.legislation.gov.uk/ukdsi/2011/9780111508633/regulation/13#regulation-13-2). Therefore, they were unsuccessful in their appeal. As for Ms Ehsan, the third Appellant, her situation concerned a failure to provide biometric information after an application accompanied by the correct payment of fees has been made. Her application was rejected as invalid because she was told that she failed to provide biometrics. She also, similar to the other two Appellants, attempted to make a fresh application relying on section 3C but she was unfortunately unsuccessful. Ms Ehsan's situation was distinguished from the other two Appellants' situation in that her application was invalidated at a later stage and retrospectively, when she was asked to provide biometrics after she had submitted a valid application. The judgement stated that there should not be a retrospective effect being read into section 5 and 7 of the [UK Borders Act 2007](http://www.legislation.gov.uk/ukpga/2007/30/section/18) with regards to valid applications and biometric information provision. The law simply states that the SSHD may "treat" an application as invalid from the time of the decision but not before if biometrics were not provided. Unfortunately, this reading was not in favour of Ms Ehsan's situation either. Therefore, she was also unsuccessful in her appeal. ## Mirza v SSHD (2016): Impact on Section 3C Leave? The Supreme Court's ruling [had not changed the interpretation of the relevant laws](https://web.archive.org/web/20160703141527/http://immigrationandvisasolicitors.co.uk:80/home-office-updates-policy-on-section-3c-leave/). Hence, the operation of section 3C leave remains the same. What was interesting was that the judges sitting commented on how complex the Immigration Rules and laws have been developing and how they can often work against the favour of common men who are subjected to immigration control. Lord Carnwath had found the case *"troubling"* and *"particularly disturbing that the Secretary of State herself has been unable to maintain a consistent view of the meaning of the relevant rules and regulations"*. This has had a detrimental effect on the general public, particularly on those who are directly affected. It was also mentioned that there is an *"overwhelming need for rationalisation and simplification"*. ## Legal Advice and Representations from LEXVISA on Section 3C Leave Despite the sympathies extended to the Appellants, the operation of relevant Immigration Rules and laws has not changed. Therefore, it is of the utmost importance that you ensure that you obtain proper guidance and assistance from specialist immigration solicitors on whether you have valid section 3C leave. If you fail to do so, you may risk being classified as an overstayer and be liable to be detained and removed from the UK. This as a consequence may result in a ban against further entry into the UK of up to 10 years being imposed against you. ## Successful UK Immigration Applications and Advice on Section 3C Leave [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. We can ensure that you remain compliant with your visa conditions and will be able to demonstrate your eligibility for an extension visa or indefinite leave to remain. Get in touch with our business immigration lawyers now on 02030110276.   You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Application for British Citizenship using UK Home Office Nationality Checking Service Source: https://immigrationandvisasolicitors.co.uk/home-office-nationality-checking-service/ *Following the Supreme Court appeal hearing on Brexit, uncertainty amongst European Economic Area [(EEA)](https://www.gov.uk/eu-eea) nationals has continued to intensify and has promoted an increase in British Citizen applications by EEA nationals. Applying for [British Citizenship](https://immigrationandvisasolicitors.co.uk/british-parents-register-as-british-citizen/) is considered by some as a cumbersome process as it requires a properly executed application as well as correctly formatted supporting documents which meet the Home Office requirements. The Home Office and Local Authorities are working together to assist Applicants with submitting correctly completed British Citizenship applications and in effect have introduced the [Nationality Checking Service](https://www.gov.uk/government/collections/nationality-checking-service) (NCS) and Joint Citizenship and Passport (JCAP) service.  * ## UK Home Office and Local Authorities introduce Nationality Checking Service for British Citizenship In a bid to assist Applicants, the Home Office and local authorities have teamed up to introduce the Nationality Checking Service (NCS). This service assists Applicants submit correctly completed [British Citizenship](https://web.archive.org/web/20170116035415/https://immigrationandvisasolicitors.co.uk/naturalisation/) applications and ensure all the relevant specified and supporting documents are submitted with the application. The Nationality Checking Service has not been introduced by all local authorities in the UK but Applicants are advised that they can book an appointment with any participating local authority. Applicants using the Nationality Checking Service can retain their passport and other valuable documents as the local authority can copy and certify documents for Applicants. **The Nationality Checking Service officers can assist you with the following**: - Checking your British Citizenship application form ensuring it is correctly completed; - Checking whether all the specified and supporting documents relevant to the application are provided; and - Sending your British Citizenship application to the UK Home Office. **The Nationality Checking Service Officers cannot help you with the following**; - Provide you with legal advice regarding eligibility requirements and whether you meet the Home Office eligibility requirements for a British Citizenship application; - Fast track your British Citizenship application; - Provide you with a guarantee that your British Citizenship application will be successful. Whilst the National Checking Service seems to be a favourable tool for a vast majority of Applicants, it is important to note the Nationality Checking Service advisors are not legally qualified and are not in a position to give you legal advice. The Home Office is well known to refuse applications where supporting documents are not presented in the correct format. Therefore, if you have any outstanding questions or exceptional circumstances surrounding your British Citizenship application it is highly recommended that you contact our team of experienced solicitors for the best legal advice. ## Joint Citizenship and Passport Service (JCAP) Applicants can now apply for a British Passport at the same as applying for British Citizenship. Previously Applicants had to first apply for British Citizenship, attend a British Citizenship ceremony and then submit a separate British Passport application.  Since the introduction of the Joint Citizen and Passport Service, Applicants can now submit both applications together. Whilst there is an additional surcharge to use this service, Applicants are at an advantage if they decide to use this service as you could potentially receive your British Passport within 3 weeks from the date of your British Citizen ceremony and cut down the waiting time to up to 50%. ## Successful British Citizenship Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. We can ensure that you remain compliant with your visa conditions and will be able to demonstrate your eligibility for an extension visa or possibly indefinite leave to remain. Get in touch with our business immigration lawyers now on 02030110276.   You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Immigration Case Update: UK Home Office Right to Work Checks Source: https://immigrationandvisasolicitors.co.uk/right-to-work-check-immigration-act-2016/ *The decision in Baker v Abellio London Ltd ET/2302684/2015 has further demonstrated the impact of the Right to Work checks under the Immigration, Asylum and Nationality Act 2006 which has been amended by section 34 of the [Immigration Act 2016 ](http://www.legislation.gov.uk/ukpga/2016/19/part/1/chapter/2/enacted)act. In this particular case, it was held that employers can dismiss employees who cannot prove their Right to Work in the UK. Since the introduction of the Right to Work checks, employers have been forced request for Immigration documents from potential employees, which confirm their status in the UK. A failure to do so is likely to result in employers being liable to face financial penalties.* ## Right to Work check explored in Baker v Abellio London Ltd ET/2302684/2015 This very important Employment Tribunal case addresses the significance of carrying out Right to Work checks and the consequences for Employers to be found to have unfairly dismissed an employee where proper Right to Work checks had not been done under the Immigration Act 2014. This particular case was in relation to a claim for an unfair dismal of an employee that arrived in the UK as a child with the Right to Abode in the UK. The employee failed to produce documentary evidence in accordance with List A and B under the regulations demonstrating his lawful status in the UK. The employee argued that he had submitted an expired passport in attempt to prove this lawful residence in the UK but the employer refused to accept an expired passport as it was not on the list of acceptable documents found in List A or B. The employer requested the employee to apply for a new passport and have his Right to Abode transferred to his new passport. The tribunal held it was clear the employer had acted reasonably as he had given the employee numerous opportunities to obtain a new passport. The employer had also loaned the employee £350 in order assist him with his difficulties. The employee did not take any action to obtain the necessary evidence required and as a resulted was dismissed by the employer. The Employment Tribunal held that there was no unfair dismissal as the employer had given the employee ample time and opportunity to obtain the immigration documents required under the Immigration Act 2016. ## Right to Work check under Immigration Act 2016 Prior to the Immigration Act 2016, individuals with the Right to Abode could apply to work in the UK without employers requesting immigration documents confirming their status in the UK. However, since July 2016 employers have to conduct mandatory Right to Work checks or could be liable to face financial penalties. We have previously written about the mandatory [Right to Work](https://immigrationandvisasolicitors.co.uk/home-office-updates-right-work-checks-uk-employers/) checks but to summarise; employers must ensure all their overseas employees provide immigration documents which confirm their right to reside in the UK lawfully, without limitations to work. In some instance, employee’s work capacity may be limited (i.e. students on Tier 4 visas are only permitted to work 20 hours per week). Employers should note Section 34 of the Immigration act states: > A person who is guilty of an offence under subsection [(1)](http://www.legislation.gov.uk/ukpga/2016/19/section/34/enacted#p00188) is liable on summary conviction— > > (a) in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine, or both, > > (b) in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale, or both. Employers should note they may be exposed to fines in the region of £20,000 per illegal worker if they are found guilty of an offence under the Immigration Act 2016. ## Legal Advice on Right to Work checks under Immigration Act 2016 [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. We can ensure that you remain compliant with your visa conditions and will be able to demonstrate your eligibility for an extension visa or possibly indefinite leave to remain. Get in touch with our business immigration lawyers now on 02030110276.   You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Apply to the UK Home Office for a Tier 4 Student Visa Source: https://immigrationandvisasolicitors.co.uk/tier-4-student-visa/ *The UK government has been working hard and updating their immigration policies to [crackdown net migration figures](https://web.archive.org/web/20190320153037/https://immigrationandvisasolicitors.co.uk/theresa-may-tighten-tier-4-student-visa-route/). There are reports recently suggesting that some of Britain's world-renowned universities maybe losing out on being able to admit international students, as foreign students are deterred from making a student visa application, due to the complex Immigration Rules. However, if you seek legal advice and obtain the assistance you need from LEXVISA on the outset, the immigration application process for a [Tier 4 Student visa](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/571885/T4-migrant-policy-guidance-november-2016.pdf) do not have to be daunting at all.* ## UK Tier 4 Students: What are the Requirements? If you are over 16 years old, from outside of the European Economic Area (EEA), and had been offered a place to study on a course, you may be eligible to apply for a [Tier 4 (Student) visa](https://www.gov.uk/tier-4-general-visa/eligibility). You will have to satisfy the following requirements as well: - You must be able to speak, read, write an understand English to a [certain level](https://www.gov.uk/tier-4-general-visa/knowledge-of-english); - You must have been offered a place to study at an institution that holds a valid Tier 4 Sponsor Licence; - You must have an unconditional offer from that institute; - You must have been issued a Confirmation of Acceptance of Studies (CAS); - You must have enough money to support yourself whilst you are living in the UK and to pay for the course. There are further requirements in relation to your course and in relation to maintenance. ## UK Tier 4 Students: Requirements about Your Course Being offered a place on one of the following courses would mean that you may be eligible for a Tier 4 Student visa: - Full-time course leading to a qualification that is at least level 6 on the [Ofqual register](https://www.gov.uk/what-different-qualification-levels-mean); or - An oversea course of degree level study that is equal to a UK higher education course and is being run by an overseas higher education institution; or - Full-time course with at least 15 hours per week of organised daytime study  leading to a qualification which is at least level 3 on the Ofqual register; or - A recognised foundation programme as a postgraduate doctor or dentist. If you wish to study a course which does not exceed 11 months, you may be eligible to apply for a [Short-Term Study visa](https://web.archive.org/web/20190320194443/https://immigrationandvisasolicitors.co.uk/student-visa-short-term-student-visa/) instead. If you are unsure whether your course satisfies one of the above, you can always contact us for an assessment. Following that, we will also be able to assist you in your immigration application. ## UK Tier 4 Students: Requirements about Your Maintenance Firstly, you must demonstrate that you will be able to pay for your course. If you are starting a new course, you must show that you have sufficient funds to pay for either the first year of your course or for the entire course if the course is less than a year long. Secondly, you must be able to demonstrate that you have additional funds to support your daily living whilst you are in the UK. There are slightly different requirements to satisfy depending on whether you will be studying in London or outside of London. If you are studying in London, you must provide evidence to show that you are have at least £1,265 per month. If you are studying outside of London, you must show that you have at least £1,015 per month to support yourself. You will need to show that you have sufficient funds to maintain your living costs for at least 9 months. For example, if you are studying in London, you will need to show that you have at least £1,265 x 9 = £11,385 for a consecutive of 90-day period prior to the date of application. You maybe able to rely on funds provided by a third party, for example, your parents. However, you will have to provide further evidence to show that they have consented to providing you with financial support whilst you are studying in the UK. The UK Home Office imposes strict rules on [specified evidence](https://www.gov.uk/government/publications/application-for-uk-visa-under-tier-4-general-form-vaf9-appendix-8) and you must ensure that the documents you submit are adequate, in the right format, and be able to demonstrate that you satisfy the necessary requirements. If you are ensure as to which requirements are applicable to you, you should always contact us for legal advice to avoid unnecessary delays in preparing your application. ## UK Tier 4 Students: What you can and cannot do Normally, you will not be allowed to work when you are in the UK as a student doing full-time studying. However, in certain cases, you may be allowed to work part-time for 20 hours per week during term time so long that it does not affect your studies. These conditions and restrictions will be clearly stated on the visa that you have been granted. You should also be aware that most Tier 4 Students will require to register with the police shortly after the arrive in the UK. If this is not complied with, you may be in breach of the [Immigration Rules](https://www.gov.uk/guidance/immigration-rules). Furthermore, if you have been in the UK before as a Tier 4 student, you may be subject to "Academic Progression" rules and "Total Time Limit" rules. Please always ensure that you understand and comply with all applicable rules before you proceed with making an application. If you have any doubts about your visa conditions and restrictions, you should always seek legal advice for clarification. ## Successful UK Tier 4 Visa Remain Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. We can ensure that you remain compliant with your visa conditions and will be able to demonstrate your eligibility for an extension visa or possibly indefinite leave to remain. Get in touch with our business immigration lawyers now on 02030110276.   You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Apply to Visit the UK during the Festive Season Source: https://immigrationandvisasolicitors.co.uk/festive-season-visit-visa-uk/ *During the UK's Festive Season you can [visit ](https://web.archive.org/web/20170112091243/http://immigrationandvisasolicitors.co.uk:80/standard-visitor-visa-general-visit-uk/)London to admire the spectacular Christmas lights and Hyde Park's Winter Wonderland to enjoy open ice rinks, Christmas markets and adventure rides. You can also bask in the widely recognised 2017 January Sales where you'll find discounts on an array of goods. If you wish to visit the UK for these purposes, or for anything else, we advise you to make an application for a visitor visa for Leisure and Tourism and you could receive a positive decision within 3 weeks. With this, you can still enjoy the above-mentioned festivities. In order to make a successful application to visit the *UK* there are *a number of eligibility* and evidential requirements that have to be met.* ## What is a Visitor Visa for Leisure and Tourism? A[ Visitor visa ](https://www.gov.uk/standard-visitor-visa/overview)allows you to visit the UK for a period of up to 6 months for a temporary purpose. With this visa, you can spend time with your family and friends, visit the UK's tourist attractions, take part in sport or creative events, or indulge in the January sales. Most visit visas will allow you to enter the UK multiple times during the 6 month period to maximise your leisure and tourism in the UK. We will advise you as to whether it is likely that you will be granted a multiple entry visit visa. You can make an application for to visit the UK online or by way of a paper application to a visa application centre for a fee of £87. ## Requirements for Visiting the UK for Leisure and Tourism In order to make a successful application to visit the UK, [Appendix V: Visitor Rules of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules) requires you to evidence the following within your application: - You will leave the UK at the end of your visit - You will not live in the UK for extended periods, through frequent or successive visits, or make the UK your home - You are seeking entry into the UK for visiting purposes only - You will not undertake any prohibited activities whilst in the UK - You have sufficient funds to cover your costs whilst in the UK (or you will be supported by somebody who is in the UK) If you are going to receive financial support from somebody currently residing in the UK, that person will have to show that they have a genuine relationship with you and that they will be able to support you, by way of a written undertaking and supporting evidence. Our team of experts can assist you with drafting this undertaking and advise you regarding the relevant evidence. If you are unable to evidence the above requirements to a satisfactory level, it is likely that your application will be refused. We advise you to seek legal advice as to what [specific documents](https://www.gov.uk/government/publications/visitor-visa-guide-to-supporting-documents/guide-to-supporting-documents-visiting-the-uk) you will need to produce in order for your application to be successful. ## Restrictions on UK Visit visa Whilst you are visiting the UK, there are a number of activities that you are prohibited from carrying out. The prohibitions are as follows: - Working in the UK - Receiving payment from a UK source for an activity undertaken in the UK (there are exceptions to this rule) - Studying in the UK for more than 30 days - Accessing the National Health Service (NHS) medical treatment - Marrying or giving notice of the intention to marry [Failure to comply with such conditions ](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules)can result in the curtailment of your visa and a high chance that you will be refused entry if you make a later application to enter the UK. We would advise you to seek legal advice in order to avoid carrying out prohibited activities whilst visiting the UK. ## Long-term Multiple Entry Visit Visa for Leisure and Tourism If you know that you would like to visit the UK frequently for leisure and tourism purposes, you may wish to apply for a [long-term multiple entry visit visa](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/490874/Visitor_guidance_v4_0.pdf). With this visa, you can visit the UK multiple times within either a 2, 5 or 10 year period for a maximum of 6 months at a time. In order to be granted a long-term multiple entry visit visa you will need to meet the above requirements and you will also need to show the following: - You have a credible reason to continue visiting the UK - You have stability of personal and economic circumstances - A history of complying with immigration laws It can be very beneficial and cost effective to apply for a long-term multiple entry visit visa if you know that you would like to visit the UK frequently. We would advise you to seek legal advice as to which visa would be the most ideal for your particular circumstances and the evidence you will require for a successful application. ## Successful Application to Visit to the UK Our expert team of lawyers have extensive knowledge of making applications for UK Visit visas. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. We will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding the unnecessary expense of re-submitting your application to the Home Office. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for a Visitor Visa please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. **   --- # Apply to the UK Home Office for a Tier 2 Sponsor Licence Source: https://immigrationandvisasolicitors.co.uk/tier-2-sponsor-licence-uk/ *With current development in UK immigration laws, many business owners are eager to learn more about different options available in order to bring in international talents from outside the European Economic Area (EEA) to continue to meet business needs and growth (employers of Croatian nationals may also need to be a valid Sponsor Licence holder). One of the options that may be available to some business owners is to obtain a Tier 2 Sponsor Licence which enables them to employ a highly skilled non-EEA worker on a long term basis. We briefly outline below how businesses can obtain a Tier 2 Sponsor Licence.* ## UK Tier 2 Sponsor Licence: What is it? In order for UK business employers to be able to employ skilled workers from outside the EEA, they will need to be holders of a valid [Sponsor Licence](https://www.gov.uk/uk-visa-sponsorship-employers/overview). This include unpaid work such as running a charity. You must note that sponsoring someone to be your employee in the UK does not necessarily mean that they will most certainly be allowed to work in the UK. Their right to work in the UK will be dependent on numerous factors and on the outcome of their immigration Leave to Remain or Entry Clearance applications. ## Types of UK Tier 2 Sponsor Licence There are several different types of Tier 2 sub-categories, listed as below: - [General](https://www.gov.uk/tier-2-general/overview) - this is for most skilled jobs. In order to sponsor a non-EEA national to work under this route, there are numerous requirements that have to be met; - [Intra-Company Transfer](https://www.gov.uk/tier-2-intracompany-transfer-worker-visa) - this is for multinational companies to transfer employees to the UK for a fixed period of time; - [Minister of Religion](https://www.gov.uk/tier-2-minister-of-religion-visa); - [Sportsperson](https://www.gov.uk/tier-2-sportsperson-worker-visa) - this is for elite sportsperson and coaches who have an international standing who wish to work in the UK. There are several [requirements](https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjB4bnvz9LPAhVIIsAKHY62Ci4QFgg5MAA&url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F515819%2FTier_25_guidance_04-16_v1.2.pdf&usg=AFQjCNGSwLlnrdls4oC6fYHlFGdpvLHLkQ&sig2=ypQFxuAjRVORZcKy_wQwww&bvm=bv.135258522,d.bGs) that businesses must meet in order to be eligible to apply for a Tier 2 Sponsor Licence such as; - Not have (a) any unspent criminal convictions for immigration offences and certain crimes, and (b) any history in non-compliance with sponsorship duties; - Show that you are a genuine and legitimate business; - Proof that you intend to hire a worker for a ‘genuine vacancy’; and - Show that you are capable and will continue to comply with sponsor duties. You must be able to demonstrate that you are suitable to be granted with a Tier 2 Sponsor Licence and that you have the necessary resources in place to take on the responsibility of sponsoring foreign workers. ## UK Tier 2 Sponsor Licence Application Need-to-knows You must apply for a Sponsor Licence online and you must apply for the correct type of licence in order to be successful in your application. For instance, if you wish to sponsor a worker under the Tier 2 (General) route, you must ensure that the job you are offering is of a [suitable skill level and has a corresponding appropriate salary](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/571090/Tier_2_Policy_Guidance_11_2016.pdf). The minimum skill level of the job must be at NQF level 6 as stated in the [codes of practice](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/423732/codes_of_practice_april_2015.pdf). Furthermore, the job must pay an appropriate salary in relation to the job title, job description, and the Standard Occupational Classification (SOC) codes. After you have submitted the application online, you must then provide with the Home Office all the [supporting documents](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/571023/Appendix_A_24-11-2016.pdf) within a restricted time limit via post. Different types of businesses will be required to provide different documentary evidence. As a general rule, you must provide sufficient evidence to demonstrate that you run a legitimate and genuine business. You will be expected to provide evidence that your company is registered with the applicable and necessary regulatory bodies. You will further be expected to provide documents such as Employer's Liability Insurance cover, proof of VAT registration, financial accounts of the company, and numerous documents depending on the type of business that you run. ## Businesses and Employers Immigration Compliance Duties Prior to granting the Sponsor Licence, the Home Office may carry out checks to verify documents or may visit your business premises, where necessary. After you have been granted a Sponsor Licence, you may begin to issue [Certificates of Sponsorship](https://www.gov.uk/tier-5-temporary-worker-charity-worker-visa/eligibility) (CoS) to your prospective employees. With the CoS in hand, your employee may then apply for a corresponding work visa with the sponsorship you provided. Businesses also need to be aware that obtaining the Sponsor Licence imposes ongoing compliance duties in relation to record keeping and reporting. As such employers must keep records and ensure that they do not fall short immigration law requirements and must co-operate with the Home Office where necessary. Failure to keep up to date with sponsors’ duties may result in a penalty fine, a downgrade of your sponsor licence rating, or even a suspension or revocation of your sponsor licence. ## Successful Tier 2 Sponsor Licence Applications A Sponsor Licence application can be complicated at times as the Home Office have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the Sponsor Licence process. We ensure that we assist you to achieve and maintain an A-rated Sponsor status and provide ongoing compliance checks to ensure you are aware of your duties as a registered Sponsor. [Our team of experienced and professionally qualified solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) will be able to guide you through your [UK Sponsorship Licence application](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now 02030110276 on for a telephone case assessment. --- # UK Visa Success Story: EEA Family Permit granted Source: https://immigrationandvisasolicitors.co.uk/uk-visa-success-story-eea-family-permit-granted/ *Earlier today our team of expert solicitors received the brilliant news that a client (the Applicant), had been granted an [EEA Family Permit](https://www.gov.uk/family-permit/overview) as a family member of an EEA national currently residing in the UK. Our Solicitors prepared an exceptional application, making the application process itself a stress-free experience, by working with the Applicant ensuring all the requirements were satisfied in accordance with the Home Office’s requirements. The UK immigration process can be a cumbersome, clients often inform us of their past struggles.    * ## The case for an EEA Family Permit In our initial consultation with the Applicant and his partner, our solicitors were informed that the Applicant was a Canadian national residing in the UK on a Tier 5 (Youth Mobility Scheme) Visa. The Applicant met his partner on an online social media platform and started dating. Over the course, of their relationship, the couple got closer and decided to get married. After speaking to our expert solicitors and receiving the comfort that our solicitors often assist clients in similar situations to his. The Applicant instructed us to prepare and assist with the submission of his EEA Family Permit application. ## How we can assist submit a successful EEA Family Permit Application It is not unusual for the Home Office to overlook documents submitted with an application, where the supporting documents are not submitted in clear and logical manner. Our Solicitors go the extra mile ensuring positive results by working alongside clients in collating the required documents for applications. In this case, our team of solicitors directly tackled all the issues involved in the Applicant’s application and highlighted how the Applicant met the EEA Regulations. In this case, our team of solicitors directly tackled all the issues involved in the Applicant’s application by producing a detailed legal representations document outlining how each requirement is satisfied. In addition to the legal representations, our team of solicitors conducted a comprehensive review of the Applicant’s documents to ensure that he submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with the application form and ensured the supporting documents were submitted in a clear manner to ensure the Home Office do not disregard important documents. ## Apply for an EEA Family Permit To make a successful EEA Family Permit Application, you must meet the Home Office’s requirements. A successful EEA Family Permit application will be made in accordance with the Immigration (European Economic Area) [Regulations 2006 ](http://www.legislation.gov.uk/uksi/2006/1003/regulation/12/made)and the [Free Movement of Person’s Directive 2004/38/EC](http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:en:PDF). An EEA Family Permit will be granted where an Applicant can demonstrate that they are from a country outside the European Economic Area (EEA) and qualifies as a family member or an extended family member under the EEA Regulations. To qualify as a family member Applicants must be able to demonstrate that they are the spouse or civil partner of an EEA national or closely related to the EEA national. Alternatively, if you do not qualify as a family member you must then demonstrate that you are an extended family member of the EEA national. An extended family member could be an unmarried partner, brother, sister, uncle, aunt amongst other close relations. The important point to note is that the Applicant will have to demonstrate that you are dependent on the EEA national or a member of their immediate household. There are also alternative routes available for Applicants to qualify for an EEA Family Permit such as the EEA Derivative Right of Residence, Surinder Singh route or with a Retained Right of Residence.  It is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. You may wish to contact us if you have any questions regarding any of the requirements. ## Successful EEA Family Permit Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Apply to the UK Home Office for a Certificate of Entitlement Source: https://immigrationandvisasolicitors.co.uk/uk-certificate-entitlement-right-abode/ *The laws governing the right of abode in the United Kingdom (UK) can be found in the [Immigration Act 1971](http://www.legislation.gov.uk/ukpga/1971/77), the [British Nationality Act 1981](http://www.legislation.gov.uk/ukpga/1981/61), and the [Nationality, Immigration and Asylum Act 2002](http://www.legislation.gov.uk/ukpga/2002/41/contents). If you have a right of abode in the UK, you will be allowed to live and work in the UK without any immigration restrictions. In order to certify your right of abode, you may apply for a "[Certificate of Entitlement](https://www.gov.uk/right-of-abode/apply-for-a-certificate-of-entitlement)". This article gives an overview of what is the right of abode and how you may qualify for a Certificate of Entitlement that certifies that right.* ## Certificate of Entitlement: What is the Right of Abode? If you have the right of abode in the UK, you will be completely free from immigration restrictions. You will be allowed to live and work in the UK similar to a British citizen, without any need to obtain immigration permission from the Home Office authority. In order to prove your right of abode in the UK, you must either hold a British passport or have obtained a certificate of entitlement certifying your right of abode. ## Certificate of Entitlement: Who has the Right of Abode? As a starting point, all British citizens automatically have the right of abode in the UK. There are numerous ways in obtaining British citizenship. The two main routes are either through [naturalisation](https://immigrationandvisasolicitors.co.uk/uk-naturalisation-application-disclosure-convictions/) or [registration](https://immigrationandvisasolicitors.co.uk/register-british-citizen-eligibility/). There are certain strict requirements that you will have to meet in order to be granted citizenship. The requirements may depend on your date and place of birth, your parents or grandparents' status, your current immigration status in relation to the UK, and your immigration history in relation to the UK. If you are unsure as to which criteria are applicable to you, you should always contact us and seek legal advice on a full analysis on your situation. The [right of abode in the UK](https://web.archive.org/web/20170310183337/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/560302/Guide_ROA_Final_Oct_2016.pdf) do not exist only amongst British citizens; certain Commonwealth citizens may also have the right of abode in the UK. There are currently 52 Member States in the [Commonwealth of Nations](http://thecommonwealth.org/member-countries); United Kingdom is one of them. Other Member States include Australia, Canada, New Zealand, Singapore, St Kitts and Nevis, and many others. If you are a Commonwealth citizen and not a British citizen, you may be able to claim the right of abode through your parents or through marriage. ## Certificate of Entitlement: Parent(s) Route for Commonwealth Citizens Firstly, you should note that if you were not a Commonwealth citizen on 31 December 1982 or you ceased to be a Commonwealth citizen at any point after that date, you will not be able to claim the right of abode. You must have held your Commonwealth citizenship continuously since 31 December 1982 to be eligible. If on 31 December 1982, you were continuously a Commonwealth citizen with a parent who was a citizen of the UK and Colonies, you may be eligible. You should note that your parent(s) would have to have had their citizen status at the time of your birth or legal adoption. Furthermore, they must have had acquired their status by being born in the UK. If you do not satisfy this but you have/had a parent who is/was a British national, you may be eligible to register as a British citizen. Your eligibility will hugely depend on your personal circumstances and we advise that you seek legal advice at your earliest convenience if you have any doubts. This will avoid any unnecessary delays in making your application, largely avoid the possibility of having your application refused, and increase immensely your chances of success in your application. ## Certificate of Entitlement: Marriage Route for Commonwealth Citizens In order to be eligible under this route, you will also be required to have been a Commonwealth citizen continuously since 31 December 1982. If you were a Commonwealth citizen and you married a man with the right of abode before 1 January 1983, you may have acquired the right of abode through marriage. However, you must be weary that you will not be successful in your application if another living wife or widow of the same man has been granted a certificate of entitlement or entry clearance on account of marriage. You will also not be successful if another living wife or widow of the same man is in the UK otherwise than as a visitor, an illegal entrant or on temporary admission at any time since her marriage. There exist exemption to this restriction and again, it will hugely depend on your personal circumstances. Please do not hesitate to contact us for a full analysis. ## Successful Certificate of Entitlement Applications [Applications for a Certificate of Entitlement](https://www.gov.uk/government/publications/application-for-certificate-showing-right-of-abode) can be complicated at times as the Home Office have imposed highly specific requirements for applicants to meet in providing evidence. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the immigration application process. We ensure that we assist you to achieve a positive result and minimises any unnecessary delays. [Our team of experienced and professionally qualified solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now 02030110276 on for a telephone case assessment. --- # Apply for a Visa to Join your Fiancé in the UK Source: https://immigrationandvisasolicitors.co.uk/apply-fiance-visa-join-partner-uk/ *During the Christmas and New Year period, research shows that a high number of couples decide to get engaged to be married. If you are engaged and wish to join your *fiancé *in the UK you must apply for a [Fiancé visa](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members) in order to get married in the UK. I**f you are already married and you wish to live with your partner permanently in the UK you must apply for a [Spouse visa](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members). Our solicitors can advise you as to what application will be best suited for you and your* fiancé* and assist you with submitting your application.* ## Entry Clearance as a Fiancé Entry Clearance as a fiancé allows you to come to the UK to marry your partner. [Appendix FM of the Immigration Rules ](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members)will grant you a maximum of 6 months leave to remain in the UK if you meet the following requirements: - Your fiancé must be either British, settled or with refugee leave or humanitarian protection - You must be outside of the UK - You must meet the suitability and eligibility requirements - You and your fiancé must not be within the prohibited degree of relationship - You and your fiancé must be above the age of 18 - You and your fiancé must have met in person - Your relationship with your fiancé must be genuine and subsisting - You and your fiancé must intend to live together permanently in the UK - You and your fiancé must be able to financially support each other without recourse to public funds - You must meet the English Language Requirement unless you are exempted. In order to successfully make an application for entry clearance as a fiancé you will need to meet the above requirements and evidence this within your application. Our team of solicitors can advise you as to whether you meet the requirements and assist you with making a successful application in order for you to join your partner in the UK. ## Entry Clearance as a Spouse If you are already married and wish to join your partner in the UK, you can apply for a Spouse visa. Under Appendix FM of the Immigration Rules, a Spouse visa will grant you a maximum of 33 months leave to remain in the UK to live with your partner. Upon the expiration of this leave you will need to apply to renew this visa and then after a total period of 5 years you may be eligible to apply for [Indefinite Leave to Remain.](https://www.gov.uk/settle-in-the-uk) The requirements for a Spouse visa are similar to those mentioned above and our team of solicitors are able to advise and assist you with making an application for a Spouse visa or Indefinite Leave to Remain. ## Evidential Requirements for a Successful Application UK Immigration authorities refuse a high number of spouse and fiancé visa applications every year because applicants are failing to provide the [required evidence](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence). In order to be successful, you need to show that you meet the above requirements with robust and unquestionable evidence within your application. Our team of solicitors will advise you as to what evidence is needed within your particular application in order for you to successfully join your partner in the UK. ## Legal Advice on Application to Join your Fiancé in the UK [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK Fiancé or Spouse Visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about submitting a successful UK Fiancé Visa application please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # Apply to the UK Home Office to extend your Leave to Remain as a Family Member of a Settled Person Source: https://immigrationandvisasolicitors.co.uk/apply-home-office-extend-family-member/ *Applicants already living in the UK as a family member of a settled person can apply to the UK [Home Office](https://www.gov.uk/government/organisations/home-office) to extend their existing stay in the UK (also known as leave to remain). Applications can be submitted before the expiry date of an existing visa by applicants from outside the European Economic Area (EEA), who already are in the UK. * ## UK Visa Applications for Family Members of a Settled Person You need a [‘family of a settled person visa’](https://www.gov.uk/join-family-in-uk/overview) if you want to remain with your family and you are already in the UK. The application can be submitted by applicants from outside the European Economic Area [(EEA)](https://www.gov.uk/eu-eea) or Switzerland. You can either apply if you want to extend your existing visa or you wish to switch from a different category.  Your family member or partner can be a British citizen, person settled in the UK or your partner who has asylum or humanitarian protection in the UK. The  Home Office criteria are quite stringent and an extensive amount of documentary evidence has to be provided in order to support your application and prove that you meet all the requirements, e.g. the financial requirements set by the government. ## New English Language Requirement for a Family Member of a Settled Person Visa [The new requirement](https://immigrationandvisasolicitors.co.uk/uk-immigration-english-language-requirement/) for applicants applying to extend their stay in the UK after 2 years and half on a 5 year route settlement will have to meet the English Language requirement which has been raised to A2 level. Family members with leave to remain due to expire on or after 1 May 2017 will be affected by the changes and will need to take the A2 exam to show their English language skills meet the requirement. In order to meet the A2 English Language Requirement applicants, who are not nationals of a majority English-speaking country or holders of a degree taught in English, will need to sit an exam in one of the approved test centres. We[ have already written](https://immigrationandvisasolicitors.co.uk/uk-immigration-updates-home-office-approved-english-language-tests/) about approved secure English language tests and test [centres](https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests). The updated list of approved centres has been published by Home Office and candidates can chose the most convenient centre for them. ## Your Rights on a Family Member of a Settled Person Visa If you are successful with your application and your visa is granted, you will be able to extend your stay for 2 years and half and apply to settle permanently in the UK once you’re eligible. You can use your Family of a Settled Person visa to work, study or bring some family members. You will not usually be able to get benefits or other public funds. ## How to apply to extend existing Family Member of a Settled Person Visa The process involves filling out the Home Office's form and then preparing and submitting a bundle of supporting documents to the Home Office for consideration by a caseworker. You will need to provide evidence of your relationship and financial circumstances under the Appendix FM (Family Member) of the Immigration Rules. The [Home Office](https://www.gov.uk/government/organisations/home-office) (UKVI) has set out specific documentary evidence you are required to provide with your application. It is important to ensure you have the correct documents in support of your application to avoid delays and ensure your application is successful. ## Using Legal Representation to Apply for an extension of your Family Member of a Settled Person Visa Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit an application for extension of your Family of a Settled Person Visa. Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Family Member of a Settled Person Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # UK Immigration Case Study: Derivative Right of Residence Source: https://immigrationandvisasolicitors.co.uk/uk-case-study-derivative-residence/ *In 2004, the European Court of Justice passed a judgement that lays the foundation for one of the categories under derivative rights of residence.[ Derivative rights of residence](https://www.gov.uk/family-permit/derivative-rights-of-residence) are ‘derived’ from other instruments of the EU law. A person who does not qualify for a right of residence in the UK under the [EU Directive 2004/38/EC](http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:en:PDF) may qualify for another right of residence under the EU law. There are different type of derivative rights of residence. In the case of [Kunqian Catherine Zhu and Man Lavette Chen v Secretary of State for the Home Department (Case C-200/02)](http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:62002CJ0200), it was ruled that a parent of an EEA-national minor may qualify for a right of residence in another Member State of the EU. Similar cases are now broadly known as ["Chen" cases](https://www.gov.uk/government/publications/primary-carers-of-eea-minor-children-chen-cases-eun05/primary-carers-of-eea-minor-children-chen-cases-eun05).* ## Derivative Right of Residence: The Facts of 'Chen' Mrs Lavette Chen was a Chinese national. She applied to the [UK Home Office](https://www.gov.uk/government/organisations/home-office) for a long-term permit to reside in the UK on the basis that her 8 months old daughter, Kunqian Catherine Zhu, was an Irish national. However, she was refused in this application as the Home Office was not satisfied that a minor like Catherine was exercising Treaty rights. There were several arguments that was put before the courts. This argument was rejected by the courts and it was stated that: "every person holding the nationality of a Member State is a citizen of the Union. Union citizenship is destined to be the fundamental status of nationals of the Member States". Furthermore, by virtue of being a citizen of the Union, Catherine was entitled to rely on the European Community regulations and was seen to be exercising Treaty rights. The SSHD further argued that Mrs Chen was not entitled to rely European Community provisions as she had an ill intent in deliberately creating a situation where she would give birth to Catherine in Ireland, such that the family may obtain long term residency in the UK after Catherine had obtained her Irish nationality. This argument was also quickly dismissed by the courts as no party had questioned the legality of Catherine's acquisition of her Irish nationality. There was a further argument that Catherine was not in fact "self-sufficient" as the origin of funds was not from Catherine but from Mrs Chen, her parent, instead. This argument was also rejected by the Court as they have chosen to interpret "having" sufficient funds in the broad sense, in the way that as long as the EEA-national young minor has appropriate access to sufficient funds, they may be classified as self-sufficient. ## Derivative Right of Residence: The Judgement of 'Chen' The Court ruled that: > "The right of residence confer on a young minor who is a national of a Member State, is covered by appropriate sickness insurance and is in the care of a parent who is a third-country national having sufficient resources for that minor not to become a burden on the public finances of the host Member State, a right to reside for an indefinite period in that State. In such circumstances, those same provisions allow a parent who is that minor's primary carer to reside with the child in the host Member State." It follows that if you are a primary carer of of a young EEA-national minor, you may be eligible for derivative right of residence if you satisfy the following requirements: - The self-sufficient minor is covered by appropriate sickness insurance; - If requiring the primary carer to leave the UK, it will lead to the EEA national child being prevented from exercising their Treaty rights; and - The minor will not become a burden on the public finances of the host Member State. ## Derivative Right of Residence: What you need to know If you believe you have a derivative right of residence in the UK, you may [apply for a derivative residence card](https://www.gov.uk/derivative-right-residence/overview). If you are successful in your application, you will be allowed to live and work in the UK as the primary carer of the related EEA-national. However, your right of residence will not have a fixed validity period. Your right of derivative residence will be maintained as long as your are eligible. This means that you may live and work in the UK as long as the person you are caring for continues to live in the UK and that you continue to care for them. Obtaining documentation for your derivative right of residence will make it easier for you to re-enter the UK, to show employers that you have a right to work, and to show relevant authorities that you have the right to live in the UK. You should note that any time spent when you are exercising your derivative right of residence will not be counted towards your permanent residence qualifying time. If you wish to explore your options in applying for Indefinite Leave to Remain in the UK, you should always contact us for strategic legal advice and possible options applicable to you. ## Successful UK Derivative Residence Card Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. We can ensure that you remain compliant with your visa conditions and will be able to demonstrate your eligibility for an extension visa or possibly indefinite leave to remain. Get in touch with our business immigration lawyers now on 02030110276.   You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Apply to the UK Home Office for an Article 10 Residence Card Source: https://immigrationandvisasolicitors.co.uk/article-10-residence-eea-family/ *Non-EEA nationals who wish to enter the UK to join their EEA national family member can do so using an [Article 10 residence card](https://www.gov.uk/government/publications/entering-the-uk-as-the-holder-of-an-article-10-residence-card/entering-the-uk-as-the-holder-of-an-article-10-residence-card) issued under [Directive 2004/38/EC](http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:en:PDF) of the European Parliament and Council (EC Directive). If you hold a valid Article 10 Residence card you will not need to obtain an [EEA Family Permit](https://web.archive.org/web/20161229234146/https://immigrationandvisasolicitors.co.uk/uk-visa-success-story-eea-family-permit-granted/) to enter the UK but it is suggested that Applicants apply for an EEA Family Permit as this will facilitate entry into the UK.   * ## The case for an Article 10 Residence Card EEA Member States can issue Article 10 Residence cards under Directive 2004/38/EC (EC Directive) to Applicants who can demonstrate that their EEA family member is exercising his or her free movement rights in another Member State. If you hold a valid Article 10 Residence Card you can travel to the UK without having to obtain an [EEA Family Permit](https://www.gov.uk/family-permit) but Applicants will be required to demonstrate that they have a right of admission under EU law. A failure to do so may lead in entry into the UK being refused. A typical example of an Applicant who may be eligible for Article 10 Residence Card is: > A Pakistani spouse of a German national who is working and living in France may be eligible to apply for an Article 10 Residence Card. Once the Pakistani national is issued an Article 10 Residence Card, he or she can then accompany the German national to the UK. It is important that your Article 10 Residence Card clearly states “Residence Card of a Family Member of Union Citizen" otherwise you may encounter additional questioning by a [Border Officer](https://www.gov.uk/government/organisations/border-force) on arrival to the UK.  Your Article 10 Residence Card shall be valid for a period of 5 years from the date of issue but may be retained by the issuing Member state if your relationship with the EEA-national breaks down or if you have absences which total more than 6 months in a year. There are some compelling circumstances where absences over 6 months may not lead to European Union Member States automatically retaining your Article 10 Residence Card but you will be required to provide strong documentary evidence demonstrating why it was necessary for the absences. ## Entry into the UK under an Article 10 Residence Card An Article 10 Residence card will usually be issued no later than 6 months from the date the application is submitted. To apply for an Article 10 Residence Card, Member States shall require the following documents: > A valid passport; > > > A document attesting to the existence of a family relationship and proof of a durable relationship; and > > > Proof of residence in the member state where you have been granted an Article 10 Residence Card. Once you have been granted an Article 10 Residence Card by a European Member State country you can then accompany your EEA national family member to the UK. To be granted entry into the UK, as non-EEA national, you must present your Article 10 Residence Card at your point of entry. You will also need to have a valid passport and evidence demonstrating that you are a family member of the EEA national. For example, non-EEA spouses are recommended to have a copy of their marriage certificate. If your EEA national family member is already in the UK, you will be required to provide additional documentary evidence to be granted entry into the UK. You should provide evidence which shows that your EEA national family member is already in the UK and evidence that they have a right of residence in the UK. ## Successful Article 10 Residence Card & EEA Family Permit Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.   --- # Tier 1, 2, 4 or 5: Join Your Dependent Partner in the UK Source: https://immigrationandvisasolicitors.co.uk/join-partner-uk-tier-pbs/ *If you are the dependent partner of a Tier [1, 2, 4 or 5, migrant in the UK](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-8-family-members#pt8family), you could apply to the Home Office to live with your partner whilst they work or study. Our solicitors can advise you as to whether you qualify to come to the UK to join your partner and assist you with submitting a [successful application](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/261418/vaf10.pdf).* ## Dependent Partner of a Tier 1, 2, 4 or 5 Migrant The United Kingdom's [Points Based System (PBS)](https://web.archive.org/web/20170313152245/https://www.points.homeoffice.gov.uk/gui-migrant-jsf/SelfAssessment/SelfAssessment.faces;jsessionid=F9AEDCC731F729B92AF7996FC6C5B45C)  is the main route for migrants from outside the European Economic Area to come to the UK to work, study, invest or train. These migrants will be granted either a Tier 1, 2, 4 or 5 visa, depending upon their reasons for coming to the UK. Under [319 A of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-8-family-members#pt8family), you can apply to join your spouse, civil partner, unmarried or same-sex partner who has been granted or is yet to be granted a Tier 1, 2, 4 or 5 visa in the UK. This visa will allow you to live and work in the UK with your partner up until their visa expires or for a period of 3 years. ## Requirements to Join a Tier 1, 2, 4 or 5 Migrant in the UK as a Dependent There are a number of [requirements ](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-8-family-members#pt8family)to be met in order to make a successful application to join your partner who is currently in the UK on a Tier 1, 2, 4, or 5 visa.  These requirements are stipulated in 319C of the Immigration Rules and they are as follows: - You must not fall for refusal under the [general grounds for refusal](https://www.gov.uk/government/collections/general-grounds-for-refusal-modernised-guidance); - Your partner must be a person who: (i) has valid leave to enter or remain as a Relevant PBS migrant, or (ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant PBS migrant, or (iii) has indefinite leave to remain as a Relevant PBS migrant, or is at the same time being granted indefinite leave to remain as a Relevant PBS Migrant. - Any previous relationship with another person must have permanently broken down; - You and your partner must not be within the prohibited degree of relationship; - You and your partner must have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years; - Your relationship with your partner must be subsisting at the time the application is made; - You and your partner must intend to live together throughout your stay in the UK; - You must have a sufficient level of funds available to you (unless your partner is a Tier 1 Investor or Exceptional Talent Migrant). Please be advised that there are additional rules and requirements that apply specifically to each Tier; we would ,therefore advise you to seek legal advice in regards to your unique circumstances. Our solicitors can advise you as to whether you meet the requirements to join your partner in the UK and the evidence you will need in order to make a successful application. ## Apply for Indefinite Leave to Remain as a Partner of a Tier 1, 2, 4 or 5 Migrant If you have been living in the UK as the partner of a Tier 1, 2, 4, or 5 migrant, you may be eligible to apply for [Indefinite Leave to Remain ](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-8-family-members#pt8family)(ILR) in the UK. Under 319 E of the Immigration Rules you will have to meet the following requirements for your application to be successful: - You must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant; - Your partner must have or be in the process of being granted ILR as a PBS migrant or be a British Citizen - You must have, or have last been granted, leave as the partner of a PBS migrant who: (i) has indefinite leave to remain; (ii)is, at the same time being granted indefinite leave to remain or (iii) has become a British Citizen - You and your partner must have been living together in the UK for at least the specified period of time (either 2 or 5 years depending on whether you were granted leave to remain as a partner prior to 9 July 2012) - Your relationship with your partner is subsisting at the time of the application - You must intend to live with your partner permanently - You have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with [Appendix KoLL](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-koll). As evidenced above, there are a number of requirements to be met if you would like to make a successful application for leave to remain in the UK as the partner of a PBS migrant. Our team of solicitors can assist you all the way through your application process to ensure that you receive the best possible results. ## Successful Applications to Join Your Partner in the UK [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Permanent Residence Card for a Family Member of an EEA national living in a Member State Source: https://immigrationandvisasolicitors.co.uk/permanent-residence-non-eea-family/ *Non-EEA family members of EEA nationals who hold a valid permanent residence card, issued to them as the family member of an EEA national who is exercising free movement rights in another EEA state under Article 20 of Directive 2004/38/EC (the ['Free Movement Directive'](http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:en:PDF)), may use their card to travel to the UK to accompany or join their EEA national family member in the UK.* ## Permanent Residence Card Applications for Family Members of EEA Nationals [EEA ](https://www.gov.uk/eu-eea)nationals have free movement rights in all EEA countries. Their family members, who are non-EEA, may be issued  with a residence card for family members of EEA nationals exercising their Treaty rights in another EEA state. The card can be issued under Article 10 of Directive 2004/38/EC - residence card or Article 20 of the Directive - permanent residence card. If you hold a valid residence or permanent residence card you can travel to the UK without having to obtain an [EEA Family Permit.](https://web.archive.org/web/20161229234146/https://immigrationandvisasolicitors.co.uk/uk-visa-success-story-eea-family-permit-granted/) However, in order to be admitted to the UK you will need to demonstrate that you have a right to admission under EU law. We have already written about the required documents [here.](https://immigrationandvisasolicitors.co.uk/article-10-residence-eea-family/) ## Requirements for a Permanent Residence Card for Family Member of EEA Nationals EEA citizens who have resided legally for a continuous period of 5 years and exercised their Treaty rights in the host Member State shall have the right of permanent residence there. The same right apply to non-EEA family members of EEA citizens who have legally resided with their EEA family member in the host Member State for a continuous period of 5 years. The applicants should be eligible to apply not affected by temporary absences, as long as they do not exceed 6 months a year, or one absence of maximum of twelve consecutive months for important reasons. These reasons might be pregnancy and childbirth, serious illness, study or vocational training or a posting in another Member State or a third country. ## Apply for a Permanent Residence Card for Non-EEA Family Member Non-EEA Family Members of EEA Nationals should be issued with a permanent residence card by the EU Member State within the submission of the application. The permanent residence card shall be renewable automatically every ten years. The applicants should apply for a permanent residence card before the expiry of their residence card and failure to comply with this requirement may render the person liable to proportionate and non-discriminatory sanctions. Interruption in residence not exceeding two consecutive years shall not affect the validity of the permanent residence card. ## Successful Permanent Residence Card & EEA Family Permit Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.   --- # New UK Tier 2 Work Visa Appropriate Salary Guidance Source: https://immigrationandvisasolicitors.co.uk/new-tier-2-work-salary-guidance/ *In a recent case heard on 22 January 2016 at the [Upper Tribunal](https://www.gov.uk/courts-tribunals/upper-tribunal-immigration-and-asylum-chamber) and judgement promulgated on 14 April 2016, the UK Home Office has updated today (11 January 2017) certain [new guidance ](https://web.archive.org/web/20170320140640/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/582685/Tier-2-modernised-guidance-V26_0.pdf)in relation to Tier 2 "appropriate salary" rates. In the case of  [Maria Tukhas v Secretary of State for the Home Department [2016] UKUT 00183 (IAC)](https://tribunalsdecisions.service.gov.uk/utiac/2016-ukut-183), the Upper Tribunal confirmed the interpretation of paragraph 14 of [Appendix J](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-j-codes-of-practice-for-skilled-work) of the Immigration Rules is that "other than where an applicant has contracted weekly hours or is paid an hourly rate, the appropriate salary for the purposes of paragraph 79 of [Appendix A](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-a-attributes) is an applicant's gross annual salary paid by the sponsor employer, subject to the conditions set out in paragraphs 79(i)-(iii) of Appendix A". This article will assist you in having a better understanding in relation to "appropriate salaries" when it comes to Tier 2 work visa applications.* ## UK Tier 2 Work Visa: Appropriate Salary? The Tier 2 category allows foreign highly skilled workers to obtain a right to work in the UK for one specific employer. As similar to other immigration categories, there are several requirements that an applicant will have to satisfy to be successful in a Tier 2 application. One of the main requirements for Tier 2 are job suitability and appropriate salary. In accordance with Appendix J of the Immigration Rules, different job titles are attributed to different [Standard Occupational Classification (SOC) Codes](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/423732/codes_of_practice_april_2015.pdf) and each occupation has been assessed and given a relevant National Qualification Framework (NQF) Level. In order to be eligible for a [Tier 2](https://www.gov.uk/tier-2-general/overview) visa, the job offered must be of NQF Level 6 or higher. Further, each occupation under a SOC code has its corresponding appropriate minimum rate of salary for "new entrants" and "experienced workers". In several occasions, the appropriate salaries are also referred as "minimum salary threshold". The appropriate salaries are reviewed regularly by the Home Office and their main source is from the Annual Survey of Hours and Earnings. Therefore, in order to be eligible to apply for a Tier 2 visa, you must have been offered a job of the correct NQF level and the salary offered must meet the minimum threshold corresponding with the job you have been offered. ## UK Tier 2 Work Visa: The Facts of the Case of Tukhas v SSHD The appellant was refused a Tier 2 work visa by the Home Office on the basis that her prospective annual salary did not meet the minimum requirements. Upon receiving a job offer, the appellant was issued a [Certificate of Sponsorship (COS)](https://www.gov.uk/uk-visa-sponsorship-employers/sponsorship-certificates) by her employer (being issued a valid COS is also one of the requirements for a Tier 2 visa). On this COS, it was stated that she will be working 40 hours per week and her annual salary will be £22,600. The [Immigration Rules](https://www.gov.uk/guidance/immigration-rules) that applied to the appellant at the time of application and relevant to her occupation states the following: "the minimum acceptable rate of pay for a 39 hour working week for your prospective employment is £22,600". On the face of it, the appellant seem to have satisfied the requirement. However, the [Home Office](https://www.gov.uk/government/organisations/home-office) original decision maker refused the application by calculating an annual pro-rata salary on the basis that she will be working for 39 hours per week instead of 40 hours per week. As such, her prospective annual salary for a 39 hour working week became £22,035. Therefore, the application was refused because the annual salary of £22,035 falls short of the minimum requirement of £22,600. The appellant appealed to the First-tier Tribunal but were unsuccessful as the Tribunal was not satisfied that the decision was unlawful or not in accordance with the Immigration Rules. The appellant then appealed to the Upper Tribunal and submitted that "the Secretary of State took an unlawful approach to the issue of "appropriate salary" in her decision letter". ## UK Tier 2 Work Visa: The Judgement of the Case of Tukhas v SSHD The Upper Tribunal ruled that the First-tier Tribunal's decision contains an error on a point of law and is therefore set aside. The Upper Tribunal further clarifies the clear wordings of the Immigration Rules in relation to Tier 2 work visas, such that unless the applicant is in fact contracted to do work on a hourly basis, the appropriate salary that should be assessed will be the applicant's gross annual salary. As there was no admissible evidence which supports any connection that the appellant was contracted to work on an hourly basis or were to be paid an hourly rate, the rules on appropriate salary in relation to hourly rates did not apply. Therefore, the appellant did in fact meet the minimum salary requirement at the time of her application and the appeal was successful. ## UK Tier 2 Work Visa: Home Office Updated Guidance In light of this ruling, the Home Office updated their guidance in relation to appropriate salary and made clearer the interpretation of relevant Immigration Rules to be in line with the judgement. There are, however, still [several other strict requirements](https://immigrationandvisasolicitors.co.uk/resident-labour-market-test/) that an applicant will have to satisfy to be successful in their Tier 2 work visa application. The Immigration Rules are complex as it tries to accommodate as many scenarios and situations as possible. Further, the rules are often changing to be in line with new court judgement and perhaps government policies. It is important to know which rules apply to you and to be up to date with all relevant changes such to ensure the highest possibility of success in your application. If you are unsure as to whether certain rules apply to you or which rules are relevant to your circumstances, you should always contact us for legal advice and guidance. ## Successful UK Tier 2 Entry Clearance or Leave to Remain Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. We can ensure that you remain compliant with your visa conditions and will be able to demonstrate your eligibility for an extension visa or possibly indefinite leave to remain. Get in touch with our business immigration lawyers now on 02030110276. You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Employers must apply and assign Certificate of Sponsorship (COS) to overseas workers Source: https://immigrationandvisasolicitors.co.uk/certificate-sponsorship-cos/ *There were 91,833 Tier 2 Visas granted last year. It is evident UK businesses are opting for skilled non-EEA national workers to come and join their workforce in the UK. UK employers who wish to hire non-EEA national workers must apply and assign a [Certificate of Sponsorship](https://www.gov.uk/tier-2-general/eligibility) (COS) to the non-EEA national worker. If the Certificate of Sponsorship (COS) has not been assigned, the non-EEA migrant worker will not be able to submit a successful visa application as Applicants are required to state their Certificate of Sponsorship (COS) number as part of their visa application. * ## Certificate of Sponsorship All non-EEA national workers who are offered a job in the UK must apply for a Tier 2 or Tier 5 work visa to enter the UK as a worker. Every worker must be assigned an exclusive Certificate of Sponsorship (COS). A COS is an electronic document which holds information about the job such as salary and length of employment. To be granted a Certificate of Sponsorship each application must score a minimum of 21 points. Points can be scored by meeting various requirements. Please see table below to see how a minimum of 21 points can be accumulated: | ***Type of Job*** | **       *Points *** | | ----------------- | ------------------------ | | ** **   | ** ** | | If the job is on the Shortage of Occupation |           130 | |     | | | If the job has a PHD-level occupation code and the job passes the Resident Labour Market Test or an exception applies |           75 | |     | | | If the job passes the Resident Labour Market Test |           20 | |     | | | Points will also be awarded for salary, the higher the salary the more points will be awarded |           1 to 60 | ## Restricted or Unrestricted Certificate of Sponsorships (COS) Unlike the Unrestricted Certificate of Sponsorship, the Restricted Certificate of Sponsorship (COS) is subject to a monthly limit of 1500 certificates but this could vary depending on the number of Restricted Certificate of Sponsorship (COS) issued the previous month. The total number of Restricted Certificates of Sponsorship (COS) available for January 2017 is 2803. The Home Office consider applications for Restricted Certificate of Sponsorship (COS) on the first working day after the 10th day of every month. Employers must apply before the 5th day of the month to have their application considered. Applications submitted after the 5th day of the month will be considered the following month and this will cause a delay in the overseas migrant's visa being approved. In some exceptional circumstances, a Restricted Certificate of Sponsorship (COS) can be issued before the next allocation date but employers will have to be able to demonstrate the urgency for the Certificate of Sponsorship (COS) to be issued sooner. ## Successful Certificate of Sponsorship (COS) Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.   --- # Turkish Businessperson Visa in the UK Source: https://immigrationandvisasolicitors.co.uk/turkish-business-person-visa-uk-ankara/ *The [European Community Association Agreement](https://web.archive.org/web/20170713071241/http://trade.ec.europa.eu:80/doclib/docs/2003/december/tradoc_115266.pdf), also referred to as the Ankara Agreement, was established in 1963 in order to "promote the continuous and balanced strengthening of trade and economic relations" between Turkey and the [EU Member States](https://www.gov.uk/eu-eea). Since 1 January 1973, the date upon which the UK became a member of the European Economic Community, the Ankara Agreement allows Turkish nationals to live in the UK to start a new UK business or assist in the running of an established UK business.* ## Turkish Businessperson Visa If you are granted a Turkish Businessperson visa in the UK you will be able start up or join an existing business in the UK. A Turkish Businessperson visa will allow you to stay in the UK for up to 12 months and you may be given the opportunity to apply for an extension which will grant you an additional 3 years to continue working within your business in the UK. If you wish to [apply ](https://www.gov.uk/apply-uk-visa)for a Turkish Businessperson visa, you can make your application in or outside of the UK, depending on your particular circumstances and you should receive a decision within 3 weeks from the date of your application. ## Requirements for a Turkish Businessperson Visa In order to make a successful application for a Turkish Businessperson visa, you will need to meet the following [requirements](https://web.archive.org/web/20160223183454/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/469550/Turkish_ECAA_business_guidance_v6.pdf): - You have a genuine intention to set up or join a viable UK business; - You have sufficient funds to establish and continue to run your business in the UK (if applicable); - There is a genuine need for your services and investment in the existing business (if applicable); - You will have an active role in the running of the existing business (if applicable); and - You will be able to financially support yourself and any of your dependants in the UK, without needing to have another job. We advise you that you will need to show that you meet the above applicable requirements by way of unquestionable evidence. Our team of solicitors can advise you as to whether you meet the eligibility requirements and the evidence you will need in order to make a successful application. ## Dependants of Turkish Businessperson Migrants If you are in the UK on a Turkish Businessperson visa, you may be able to apply for your partner and/or children (under 18) to live with you in the UK. In order to make a [successful application](https://web.archive.org/web/20160223183454/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/469550/Turkish_ECAA_business_guidance_v6.pdf) for your dependant/s to join you in the UK, you will need to demonstrate the following within the application: - You are in a genuine relationship with your dependant/s; - You will live with your dependant/s in the UK; - You have sole responsibility for your child/children, if the other parent will not be in the UK (if applicable); - You can financially support and accommodate your dependant/s in the UK; and - Your dependant/s do not fall for refusal under the general grounds of refusal. If you have been living in the UK as a dependant on a Turkish Businessperson visa, you may be eligible to apply for [Indefinite Leave to Remain ](https://www.gov.uk/settle-in-the-uk) if you meet the eligibility [requirements](https://web.archive.org/web/20160223183454/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/469550/Turkish_ECAA_business_guidance_v6.pdf). Our team of solicitors can advise you as to the steps you will need to take in order for you to bring your dependants to the UK and also apply for them to settle permanently with you in the UK. ## Impact of Brexit on Turkish Businessperson Migrants In light of [Brexit](https://www.gov.uk/government/topical-events/eu-referendum), the future for Turkish Businessperson migrants and their dependants in the UK has become uncertain. The Ankara Agreement concerns relations between Turkey and EU Member states; when the UK leave the EU, they will no longer be an EU Member State and therefore, may no longer be party to this agreement. If you have been running your own or somebody else's business in the UK under a Turkish Businessperson visa for at least 4 years, you may be eligible to apply for Indefinite Leave to Remain in the UK. Indefinite Leave to Remain in the UK will permanently secure your residency in the UK and allow you to continue to freely run your business despite the UK leaving the EU. If you are uncertain as to your position under your Turkish Businessperson visa, our team of experienced solicitors can advise you as to your options in regards to remaining in the UK and continuing to work within your business. ## Successful Turkish Businessperson Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). ## --- # Immigration Health Surcharge for UK Home Office Visa Applications Source: https://immigrationandvisasolicitors.co.uk/immigration-health-surcharge-visa/ *Applicants wishing to submit an immigration application to the Home Office should firstly check whether they are required to pay an Immigration Health Surcharge. The fee is not a part of the Home Office fee, but a separate payment which will give migrants who are in the UK for more than 6 months, access to the [National Health Service](https://www.england.nhs.uk/london/).* ## Immigration Health Surcharge (IHS) fee Immigration Health Surcharge is a fee that applicants might need to pay as a part of their immigration application. Applicants applying online through the premium service centre will pay the surcharge as part of the application when booking an appointment. For those applying by post, it is required to pay the Immigration Health Surcharge online before submitting the application. The IHS reference number will need to be included in the application form and sent to the [Home Office](https://www.gov.uk/government/organisations/home-office). Payment of this fee will allow applicants to use the National Health Service and you should bring your biometric residence permit with you when you access healthcare in the UK. ## UK Home Office Requirements for IHS fee payment Applicants willing to visit the UK on a visitor visa or any visa that lasts 6 months or less will not be required to pay the Immigration Health Surcharge. Applicants may submit their immigration application either outside the country or within the UK. If you are applying outside of the UK and you are a national of a country outside the European Economic Area (EEA) applying for a visa to work, study or join your family in the UK for more than 6 months and you are not applying to remain in the UK permanently, you will need to pay the fee. Applicants submitting their applications within the country, will have to pay if you’re a national of a country outside the EEA, you’re making an immigration application for any length of time including applications for 6 months or less (but you’re not applying to remain in the UK permanently). ## Immigration Health Surcharge exemptions Applicants will not need to get an IHS number or pay the healthcare surcharge if: - you’re applying for a [visitor visa](https://www.gov.uk/browse/visas-immigration/tourist-short-stay-visas) - you’re applying for a visa (from outside the UK) for 6 months or less - you’re applying for indefinite leave to remain - you’re a diplomat or a member of a visiting armed forces and not subject to immigration control - you’re a family member of a European national with [European Union treaty rights](https://www.gov.uk/apply-for-a-uk-residence-card/eligibility) - you’re applying for a visa for the Isle of Man or Channel Islands - you’re a British Overseas Territory citizen resident in the Falkland Islands - you’re an asylum seeker or applying for humanitarian protection (or you’re their dependant) - you’ve been identified as a victim of human trafficking (or you’re their dependant) - the Home Office’s [domestic violence concession](https://www.gov.uk/government/publications/application-for-benefits-for-visa-holder-domestic-violence) applies to you (or you’re their dependant) - being made to leave the UK would be against your rights under Article 3 of the European Convention of Human Rights (or you’re their dependant) ## Immigration Health Surcharge fees IHS  fees will depend on the type of visa and you will have to pay £150 per year for a Student or Tier 5 (YMS) visa and £200 per year for all other visa and immigration applications. The fee is also applicable to all your dependants applying with you. The exact amount can be calculated by using the online IHS calculator. To ensure your application is processed without delay, you should ensure you pay the IHS and include the IHS number in your application. You should also make sure you provide all the necessary documents which evidence you have met the relevant Home Office requirements. ## Using Legal Representation to submit Immigration Applications Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit your immigration application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Brexit Immigration Strategy for EEA-Nationals in the UK Source: https://immigrationandvisasolicitors.co.uk/brexit-immigration-strategy-eea-uk/ *Prime Minister Theresa May gave a speech about Brexit at around 11.45am this morning (17 January 2017). This speech was and is considered as one of the most important speeches in May's capacity as the Prime Minister (PM) of the United Kingdom (UK) as it may finally steer the UK in a clearer direction as to how Brexit will come about. May eased everyone into the speech by referring to the UK's internationalist culture and political tradition, she then explained why the government is moving forward with Brexit, as prompted by the voice of the people in the referendum on 23 June 2016.  May then went onto the main focus of the speech - a 12-points objective framework on how the UK will negotiate an agreement with the European Union (EU) upon formally triggering the exit legal procedures. Unfortunately but yet unsurprisingly, the speech was vague at best and provided the people with little substance of what will happen on almost every aspect. Nevertheless, there are points which should be taken into account in relation to immigration and would help individuals to devise a Brexit immigration strategy in anticipation of Article 50 being triggered.* ## Brexit Immigration Strategy: What did Theresa May comment on? In May's speech, she promoted a "fairer, stronger, and more global" Britain and in her 12-points framework, she covered a wide range of issues that will affect the relationship between the UK and the EU once negotiations kick in. These include free trade agreements (the term"free" is used rather loosely here) with the EU and with the wider world, educational and scientific research funding, employment and workers' rights, taking back control of the UK legal system (e.g. putting an end to the European Courts of Justice jurisprudence), Foreign Affairs in relation to crime and terrorism, providing a stable environment for and freedom of movement i.e. immigration. So what has been said on immigration? One of the first things mentioned in relation to immigration was that the UK will strive to maintain the [Common Travel Area (CTA)](https://www.gov.uk/government/publications/common-travel-area-cta/common-travel-area-cta). The CTA maintains an open border between the Republic of Ireland, the UK, the Isle of Man, and the Channel Islands. This broadly means that if you had leave to enter or remain in one of these areas, you do not normally have to go through border control if you wish to travel within CTA. However, there are exceptions and restrictions applicable, therefore this may not always be the case. The next thing mentioned in immigration was the PM's intention to make it a priority to guarantee the rights of EU citizens in the UK and vice versa. However, what exactly she meant by "rights" and whether she was referring to EU citizens with [Permanent Residence](https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card) status or any EU citizen in the UK is yet to be determined. She pronounced that making this the government's priority is the "fair and right thing" to do but how practically this will be done is yet to be seen. Although May has expressed this intention of prioritising, she further referred to the continuously high numbers of net migration and contrastingly said she will still be working on reducing the number of EU migrants in the UK. Therefore, the position is still unclear. PM May closed the speech by reiterating that she "wants" a positive outcome from the negotiations, that she is "confident" that her "economically rational" framework is in the best interest of the UK, the EU, and the wider world. She also reassured the UK that she will be taking a "constructive and optimistic approach" in negotiating a unique deal between the EU and the UK to form a new type of "partnership government". However, she also made it clear that she will not be intimidated by the public or media opinion in her approach, nor by the other Member States. She has the best interest of "Global Britain" at heart and confirms that "no deal is better than a bad deal". ## Brexit Immigration Strategy: How can EEA-nationals prepare? All in all, the position with Brexit is still unclear but it should not stop you from devising an immigration strategy. There has not been any formal policy proposed or announced and it is unlikely that there will be until Article 50 has been formally triggered. If you are an EEA-national currently in the UK, and you wish to live and/or work in the UK in the near future, you may want to take the following actions as part of an immigration strategy and to obtain documentation that proves your rights in the UK. > - Apply for a [Registration Certificate](https://immigrationandvisasolicitors.co.uk/uk-registration-certificate-eea-nationals/) as a "qualified person" exercising Treaty rights in the UK as an EU citizen. If you are working, studying, self-employed, self-sufficient or looking for work in the UK, you may be eligible to apply for a Registration Certification as a "qualified person". The reason for applying for such a document is that you would have a safeguard and will be more likely be able to prove that you in fact have a right to live and work in the UK. In reality, any sort of free movement or trade deals may take years to negotiate (even though May is "confident" that she can complete the negotiations within the 2 years). In the meantime, you can obtain such document so that it will be easy for you to prove that it is well within your rights to be in the UK. Furthermore, when any kind of new policy kicks in, you will always be benefited if you can provide solid prove of your status in the UK rather than not. Therefore, if you have not applied for a Registration Certificate before, you are recommended to do so. > - Apply for a [Permanent Residence](https://immigrationandvisasolicitors.co.uk/eu-permanent-resident-fast-track/) card. If you have been residing in the UK for 5 continuous years or above as an EEA-national, you may be eligible for a Permanent Residence document. The Permanent Residence status under the EEA Regulations are very similar to the Indefinite Leave to Remain under the UK Immigration Rules. These statuses would entail that a person will be free from immigration control in the UK and will be free to live and work in the UK either permanently or indefinitely. In most democratic societies, these statuses will not be hastily revoked without good reasons. If you have acquired Permanent Residency status well before any changes are implemented, there is a good chance that you may be able to retain that status even after Brexit. > - Apply for [British citizenship](https://immigrationandvisasolicitors.co.uk/home-office-nationality-checking-service/). Once you have acquired Permanent Residence *status* for at least 12 months and have acquired a Permanent Residence card, you may then be eligible to apply for British citizenship. Please note that you do not necessarily have to have had the Permanent Residence *card* for 12 months in order to be eligible; there is a subtle difference between Permanent Residence *status* and holding a Permanent Residence *card*. Needless to say, if you do become a British citizen prior to any formal Brexit changes, it is unlikely that the changes in the future will affect you as you will no longer be considered as a "foreigner". One thing to keep in mind though, is that the [UK Home Office](https://www.gov.uk/government/organisations/home-office) has been receiving a lot of applications of this kind lately in light of Brexit. Furthermore, the Home Office imposes strict rules on what kind of specified evidence should be provided. Therefore, it is important to get your application right the first time to avoid unnecessary delays, especially in such times of uncertainty. Our experience immigration team can assist you in collating the specified documents and preparing the application for you such that is has the highest change of success. Before you even think twice, you should always seek legal advice and act swiftly if there are anything that you are unsure about. ## UK Immigration Strategy Advice and Successful EEA-Related Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://immigrationandvisasolicitors.co.uk/contact-us/). --- # UK Visa Success Story: Entry Clearance Spouse Visa granted Source: https://immigrationandvisasolicitors.co.uk/successful-entry-clearance-spouse-visa/ *Earlier today we received the wonderful news that a client (the Applicant) had been [granted Entry Clearance](https://immigrationandvisasolicitors.co.uk/success/) into the UK as the Spouse of a British citizen who is present and settled in the UK. In our initial consultation with the Applicant, we discovered the client's circumstances and facts surrounding her application and had advised her that her application will be difficult **as she had previously been refused entry clearance to the UK. In addition to this, the client had informed our solicitors that she may not be able to provide all the required documents for a successful application. Further, the Applicant had also informed us that she would be opting for the Priority Visa Service which added to the difficulties involved in her application. However, with the help of our dedicated and committed team of solicitors, the Applicant obtained a successful decision on her application.      * ## The case for Entry Clearance as a spouse The Applicant was a USA national residing in, Texas, USA. The Sponsor met the Applicant on an online dating platform and began dating shortly after. Over the course of their relationship, the Applicant and Sponsor regularly visited each other and integrated with each other’s families and friends. After several months of dating, the Applicant and Sponsor decided to get married in the USA. The Applicant had previously submitted an application for entry clearance but her application was refused on the basis that she did not submit the specified documents listed in [Appendix FM](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members) in relation to the Sponsor’s employment. From the onset, our solicitors had advised the Applicant that this was a difficult application as the couple had informed us that they will not be able to obtain all the mandatory employment documents from the Sponsor’s employer. However, our team of expert solicitors assured the client that we could assist submit a successful application and that our solicitors often assist clients in similar situations to hers. The Applicant instructed us to prepare and assist with the submission of her application. The Applicant also informed us that she may opt for the Visa Priority Service which is generally used in clear-cut applications where there are no potential issues. ## How we can assist submit a successful Spouse Visa Application Our solicitors successfully guided the Applicant through the application process and prepared outstanding legal representations which focussed on how the Sponsor satisfied the financial threshold requirement of £18,600. Our solicitors had to work closely with the Applicant and Sponsor to ensure they were able to collate all the mandatory documents required for the Applicant’s application. It was essential that a properly executed application that met all the requirements was submitted as the couple had already planned the Applicant’s visit to the UK. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her documents to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with the online visa application form and the financial requirements form. ## Applicable for Entry Clearance Spouse Visa To make a successful Entry Clearance Spouse Visa application you must meet the Home Office's requirements, we have previously written about the [stringent requirements](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/). It is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements. A common question we often come across is regarding the financial requirements. The financial requirements may be satisfied through various different avenues such as salaried employment, self-employment or cash savings. You may wish to contact us if you have any questions regarding any of the requirements. ## Advice from UK Immigration Solicitors on Submitting a successful Entry Clearance Spouse Visa Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK Spouse Visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about submitting a successful UK Fiancée Visa application please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # Apply to the Home Office for a Long-Term (Multiple Entry) Visit Visa Source: https://immigrationandvisasolicitors.co.uk/apply-long-term-multiple-entry-visit/ *Non-[EEA](https://www.gov.uk/eu-eea) nationals who wish to visit the UK regularly over a longer period than 6 months, such as to visit their family, can apply for a Long-Term [(Multiple Entry)](https://www.gov.uk/standard-visitor-visa/overview) visit visa that lasts 2,5 or 10 years. Under this Long Term Visit Visa you will be able to stay in the UK for maximum 6 months on each visit. * ## How to apply for Long-Term (Multiple Entry) Visit Visa Applicants who wish to apply for a visit visa that allows multiple visits of up to 6 months for a visit, may choose to apply for 2,5 or 10 years Long-Term (Multiple Entry) Visit Visa. Our experienced  immigration and visa solicitors help visitors to submit successful applications and explore their options in the UK. The process of applying for a Long-Term Visit Visa involves completing the application form and submitting a bundle of supporting documents to the [Home Office](https://www.gov.uk/government/organisations/home-office). Your immigration and visa application will be considered by a caseworker and you will need to satisfy all the requirements set out in the Immigration Rules. We provide a bespoke service from assessing whether you meet the Home Office requirements to the submission of your application to the Home Office providing you with a complete and stress-free service. ## Requirements for Long-Term (Multiple Entry) Visit Visa In order to apply for a Long-Term (Multiple Entry) Visit Visa you will have to prove that you need to visit the UK regularly over a longer period. If you are under 18 when you submit your visa and immigration application, your Long Term Visit Visa will only be valid for up to 6 months after you turn 18. Applicants must meet all the [General Vsitor rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules) relevant to their visit and satisfy the Home Office that they have a genuine intention to visit on a regular basis. The factors taken into account include: - Credible reason to visit, such as family links or an established business connection - Stability of personal and economic circumstances - Travel history To ensure your application is processed without delay, you should ensure you provide all of the necessary documents which show how you have access to the funds and meet all the eligibility criteria. Not submitting important documents or failing to highlight them can result in the visa and immigration application being rejected and having to start again incurring further Home Office fees. ## Using Legal Representation to Apply for Long-Term (Multiple Entry) Visit Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Long-Term (Multiple Entry) Visit Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Long-Term (Multiple Entry) Visit Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # Enter the UK on a Short-term Study Visa Source: https://immigrationandvisasolicitors.co.uk/short-term-study/ *Applying for a Tier 4 student visa can be tricky, especially if you only want to study a short course, or at an English language school. Fortunately, the Short-term Study visa is a much more convenient option: it allows you to enter the UK to study your course but doesn’t have English language, academic or interview requirements.* ## Short-term Study Visa – What Is It? Short-term study visas are designed for people who want to come to the UK to study for a short period of time and are a great way of studying in the UK without meeting the requirements necessary for a Tier 4 student visa.  There are three different short-term study visa routes that you can apply for, but which visa you are able to apply for will depend on the type of course that you want to study, your age, as well as the length of your course. ## Short-term Study Visa – 6 months The short-term study visa (6 months) route is available for visa nationals over 18 years old, who have an unconditional offer from an accredited institution for a course that is no more than 6 months. If you are studying a course overseas that is at least equivalent to a UK bachelor’s degree, you will also be able to apply for the short-term study visa (6 months) in order to conduct research – or to learn how to conduct research – at a UK higher education institution. ## Short-term Study Visa – 11 months The short-term study visa (11 months) route is available for both visa and non-visa nationals over 18 years old, who have an unconditional offer to study an English language course at an accredited institution for no more than 11 months. You are able to stay in the UK for the full 11 months, or until the end of your course. ## Short-term Study Visa – Children Under-18 Finally, the short-term study visa (child) route is available for children under the age of 18, who have an unconditional offer to study a course of no more than 6 months. Because of their age, children on this route have certain rules to take into account. ## Meeting the Requirements for the Short-term Study visa. All applicants of the short-term study visa routes will need to show that they have enough money to pay for their tuition, their accommodation, and their living expenses, as well as their return flight home. They are not able to work – whether paid, unpaid, or self-employed – and they will not be able to study at a state school. If you apply for the short-term study visa (11 months), then you will need to pay the immigration health surcharge. Also, people on short-term study visas will not be able to bring dependents (such as family members) to the UK with them. Because of their age, short-term study (child) applicants will also need to have consent from their parents or guardians that they are allowed to travel and stay in the UK, and these arrangements will need to meet the UK standard. It is possible for a parent or guardian to accompany the child to the UK, and you can apply for an accompanied short-term study (child) visa if you wish to do this. If not, then you will need to apply for an unaccompanied short-term study (child) visa. ## Using Legal Representation to Apply for Short-term Study Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a short-term study visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Short-term Study Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Apply to the UK Home Office for a Returning Resident Visa Source: https://immigrationandvisasolicitors.co.uk/returning-resident-risa/ *Recently we have received a large influx of enquiries on the issue of returning residents. The common presumption amongst many Applicants is that they can leave the UK for large periods of time and return without having to satisfy the UK immigration rules. The Home Office have made it clear that if you do not have British status and have been away from the UK for more than 2 years you will be required to apply for a Returning ResidentVisa before you can enter the UK.* ## Do I need a Returning Resident Visa? We often get asked the question "do I need a Returning Resident Visa?" If you have been outside the UK for a period of over 2 years the answer is yes. In order to return to the UK as a returning resident, you must plan to reside in the UK permanently on your return and have exceptional reasons for your absence. The basic eligibility requirements you must satisfy in order to be granted a Returning Resident Visa is that you must demonstrate that you plan on returning to the UK permanently and have been settled in the UK in the past. In addition to these, you must also show that you have not previously departed from the UK using public funds. However, you will not need a Returning Resident Visa to enter the UK, if you have been residing outside the UK for a period below 2 years or have lost your immigration documents during this period. ## Seeking Entry to the UK as Returning Resident If an immigration officer is satisfied you meet the following points, you **will not** be required to apply for a Returning Resident Visa to enter the UK: - You had indefinite leave to enter or remain in the UK when you last left the UK; and - You have not been away more than 2 years; and - You did not rely on public funds when you last departed from the UK, and lastly - You now seek to enter the UK to settle. To be granted a Returning Resident Visa you must be able to demonstrate that there were exceptional and compelling circumstances/reasons to why you had been absent from the UK for a period of over 2 years. ## Evidence of reasons given by a Returning Resident to the UK Home Office In addition to the above, you must also provide strong evidence of your personal circumstances and reasons why you wish to return to the UK. You must be able to provide evidence in relation to the following: 1. Your family ties to the UK (i.e. you must provide strong evidence demonstrating your family is permanent and settled in the UK); 2. You have spent the majority of your life in the UK (you will be required to produce documentary evidence showing that you have been present in the UK for the majority of your life); and 3. It is likely you will also be required to provide information on your personal circumstances which show why you have been living out the UK for a more than 2 years (i.e. you may have had to look after a terminally ill parent or relative who had no support unit available). ## Advice from UK Immigration Solicitors on Submitting a successful Returning Residents Visa Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK Spouse Visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about submitting a successful UK Fiancée Visa application please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # UK Visa Success Story: Switch from Tier 2 to Spouse Visa Source: https://immigrationandvisasolicitors.co.uk/switch-tier-2-spouse-visa/ *Our team of expert solicitors have recently received the brilliant news that a client had been granted spouse visa as the spouse of a British citizen who is present and settled in the UK. Our client had been in the UK on a Tier 2 visa but after getting married to her British spouse, she decided to switch from Tier 2 Visa to a Spouse Visa. The Applicant has successfully used the Premium Visa Service and received the wonderful news shortly after the appointment with an immigration officer. * ## The case for Application to Switch from Tier 2 to Spouse Visa Application In our initial consultation with the Applicant, our solicitors were informed that the Applicant was an Australian national, who had entered the UK on a Tier 5 Visa and subsequently applied for a Tier 2 visa. We were informed that the Applicant was in a relationship with a British citizen and decided to switch into a Spouse visa as a wife of a British national. After speaking to our expert solicitors and receiving the comfort that our solicitors often assist clients in similar situations to her, the Applicant instructed us to prepare and submit a Spouse Visa application. ## How we can assist in submitting a successful Application to Switch from Tier 2 to Spouse Visa Our solicitors successfully guided the Applicant through the application process and prepared outstanding legal representations which focused on how the Sponsor satisfied the financial threshold requirement of £18,600. Our solicitors had to work closely with the Applicant and Sponsor to ensure they were able to collate all the mandatory documents required for the Applicant’s application. It was essential that a properly executed application that met all the requirements was submitted as the Applicant wanted to switch into a Spouse Visa as soon as possible. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her documents to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the [Home Office](https://www.gov.uk/government/organisations/home-office)’s requirements. We also prepared and assisted the Applicant with the online visa application form. ## How to make a successful Application to Switch from Tier 2 to Spouse Visa To make a successful Spouse Visa application you must meet the Home Office's requirements, we have previously written about the [stringent requirements](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/). It is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any visa and immigration application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements. A common question we often come across is regarding the financial requirements. The financial requirements may be satisfied through various different avenues such as salaried employment, self-employment or cash savings. You may wish to contact us if you have any questions regarding any of the requirements. ## Advice from UK Immigration Solicitors on Submitting a successful Spouse Visa Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK Spouse Visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa and immigration application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. --- # Brexit News: Supreme Court rules Article 50 must be passed by Parliament Source: https://immigrationandvisasolicitors.co.uk/brexit-supreme-court-article-50/ *The Supreme Court ruled that Parliament must vote on triggering Article 50, rejecting the Government’s argument that the Prime Minister can use her prerogative powers to enforce the withdrawal of the UK from the[ European Union](https://europa.eu/european-union/index_en).* ## The Supreme Court ruling In a landmark case, the justices of the Supreme Court ruled that Article 50 must be triggered by a vote of Parliament, [confirming the ruling of the High Court](https://immigrationandvisasolicitors.co.uk/brexit-news-uk-government-cannot-trigger-article-50/). Passed by a majority of eight to three, the Supreme Court judgment means that, in order to start the Brexit process, Theresa May’s government must pass a bill through Parliament triggering Article 50. Whilst the government have a self-imposed deadline of March 31st to trigger Article 50, it is expected that the bill will pass through the House of Commons ‘[in a fortnight](http://www.bbc.co.uk/news/uk-politics-38720320)’. ## What is the Article 50 case about? The Article 50 case was brought by Gina Miller, an investment manager, along with hairdresser Deir Dos Santos. The case was not brought against the result of 23 June 2016 EU referendum, but instead challenged starting Brexit through the government’s purported use of prerogative powers to enforce Article 50. Miller and Dos Santos successfully argued that this was unconstitutional, as it went against the precedents set in the *Laker Airways v Department of Trade *[1976] and the *GCHQ *[1984] cases, whereby the courts ruled that the government was not able to use its prerogative outside of the limitations of statutory law. ## What does the ruling mean for EEA nationals? There are estimated to be over 3 million EEA citizens living in the UK, making up around 5% of the UK’s population, and until Article 50 is triggered in two years, laws governing the free movement of those EEA nationals will still be in effect. What happens after that point is uncertain, however, and it is a matter of urgency for EEA nationals and their families to assess their eligibility to apply for a UK residence card, or British naturalistaion, whilst those laws are still in effect. It is to be expected that the Home Office will be processing a large volume of applications, so in order to give yourself the best chance of success the speed and quality of any UK residence or naturalisation application will need to be high. ## Successful visa and immigration applications for EEA nationals [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). ## --- # UK Crown Dependencies and Indefinite Leave to Remain Source: https://immigrationandvisasolicitors.co.uk/uk-crown-dependencies-indefinite-leave/ *There are many benefits to living and working in one of the Crown dependencies, and whilst they are in many respects similar to the UK, it is important to know how Crown dependencies can affect an indefinite leave to remain application.* ## What are Crown Dependencies? The Crown dependencies are the Isle of Man in the Irish Sea, and Guernsey and Jersey in the English Channel. These territories are independently administered, meaning they do not form part of either the UK or the [British Overseas Territories.](https://www.gov.uk/government/policies/uk-overseas-territories) This can be somewhat confusing when considering visa matters, as time spent outside the UK will usually break continuity requirements when calculating indefinite leave to remain. However, this is not always the case for Crown dependencies, though there are some important differences with the UK. ## Are there any differences between Crown Dependencies and UK Indefinite leave to remain? Time spent in the Crown dependencies will count towards the 2, 3, 4 or 5 year qualifying period for indefinite leave to remain in the UK, if certain requirements are met. This will depend on which category of leave you fall under, as not all categories are available in each Crown dependency. Jersey and Guernsey operate the work permit system, whilst it is closed in the Isle of Man, for example, whilst the Isle of Man operates the same points-based system as the UK, with the exception that there is no [Tier 1 (Exceptional talent)](https://immigrationandvisasolicitors.co.uk/tech-nation-visa-open-tier-1-exceptional-talent-visa-applicants/) category. Leave in each Crown dependency will only count towards indefinite leave to remain if it was granted in the same type of category – or the equivalent – as one specified for indefinite leave to remain in the UK. For example, where someone would apply for indefinite leave to remain in the Tier 1 entrepreneur category in the UK, they would need to have Crown dependency leave in the Isle of Man as either an entrepreneur, a business person, or an innovator. These differences add an extra layer of complexity to any application, and negotiating each difference will require a great deal of preparation. ## Are there any similarities between Crown Dependencies and UK Indefinite leave to remain? If you are applying for indefinite leave to remain in the UK having spent time in the Crown dependencies, you will need to meet the same requirements as those applying for ILR in the UK: you will have to show evidence of continuous residence and continuous employment, provide information about periods of absence from the Crown dependencies, and not have any outstanding convictions. However, as each Crown dependency has slightly different requirements regarding employment sectors and Knowledge of Life Tests, it is imperative that you receive expert advice regarding each matter. ## Using Legal Representation to Apply for Indefinite Leave to Remain Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an indefinite leave to remain application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Indefinite Leave to Remain Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Visa Success Story: Entry Clearance granted as a Tier 2 Dependent Source: https://immigrationandvisasolicitors.co.uk/uk-visa-success-story-tier-2-dependent-granted/ *Our team of expert solicitors received some delightful news over the weekend that a client (the Applicant) had been granted Entry Clearance into the UK as a [Tier 2 Dependent](https://www.gov.uk/tier-2-general/family-members). The Applicant had initially planned to travel to the UK with his Fiancé who had been granted a Tier 2 (Intra Company Transfer) Long Term visa. However, this was not possible, as his initial application had been refused. In our initial consultation, we discovered that the Applicant submitted his initial application without the proper guidance and as a result his application was refused. Our solicitors were able to prepare an exceptional application and eliminate any concerns, resulting in a successful application.* ## The case for Entry Clearance as Tier 2 Dependent The Applicant was a USA national residing with his Fiancé in the USA. The Applicant had initially planned to travel to the UK with his partner who had been granted Entry Clearance to the UK on a Tier 2 (Intra-Company Transfer) Long Term visa. The Applicant’s initial application as a Tier 2 [Dependent](https://web.archive.org/web/20170110004928/https://immigrationandvisasolicitors.co.uk/join-partner-uk-tier-pbs/) had been refused, as the Home Office was not satisfied that the couple had been in a relationship akin to marriage for a period of over two years. In our initial consultation, we addressed the issues surrounding the Applicant’s previous refusal. It was evident that the couple had been living in a relationship akin to marriage and had the documentary evidence to support this. After speaking to our expert solicitors, the Applicant was reassured that our solicitors often assisted clients in similar situations to his. The Applicant instructed us to prepare and assist with the submission of his application. The Applicant also informed us that he was going to use the Visa Priority Service, which is generally used in clear-cut applications where there are no potential issues. ## How we can assist submit a successful Tier 2 Dependent Visa Application In this particular case, we had been informed that the Applicant demanded that his application was prepared and submitted as soon as possible. The Applicant had already made travel arrangements, which included shipping a large number of his personal belongings to the UK. Our solicitors successfully guided the Applicant through the application process and prepared outstanding legal representations, which directly tackled all the issues involved in the Applicant’s application and highlighted how the Applicant met the UK immigration rules. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of his documents to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. In our review process, we discovered that some of the Applicant’s documents that were previously submitted were not in the correct format and had to have those documents amended to give the Applicant the best chance of success. We also prepared and assisted the Applicant with the online visa application form. ## Applicable for Tier 2 Dependent Visa To make a successful Tier 2 Dependent Visa application you must meet the Home Offices requirements, we have previously written about the stringent requirements. It is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements. A common question we often come across is regarding the maintenance requirement. The maintenance requirement may be satisfied through various different avenues such as savings or sponsorship from employer. You may wish to contact us if you have any questions regarding any of the requirements. ## Advice from UK Immigration Solicitors on submitting a successful Tier 2 Dependent Visa Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK Spouse Visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about submitting a successful UK Visa application please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # Successful UK Home Office Tier 1 Investor or Entrepreneur Visa Applications Source: https://immigrationandvisasolicitors.co.uk/apply-tier-1-investor-entrepreneur/ *Non-EEA Businesspersons who would like to move to the UK to invest their funds or establish, take over or invest in existing UK business may wish to consider applying for Tier 1 Investor Visa  or Tier 1 Entrepreneur Visa. In order for your application to be successful, you must satisfy certain requirements and different criteria may apply depending on whether you have access to investment funds of £50,000,  £200,000 (Tier 1 Entrepreneur) or £2,000,000 (Tier 1 Investor). Our experienced solicitors will guide you through the main differences between these two applications and will help you decide what is the best option for your business. * ## How to apply for Tier 1 Investor Visa The process of applying for a Tier 1 Investor visa involves completing the application form and submitting a bundle of supporting documents to the [Home Office](https://www.gov.uk/government/organisations/home-office). Your application will be considered by a caseworker and you will need to satisfy all the requirements set out in the Immigration Rules. The Tier 1 route is addressed to non-EEA investors considering opportunities in the UK. We provide a bespoke service from assessing whether you meet the Home Office requirements to the submission of your application to the Home Office providing you with a complete and stress-free service. In order to apply for a Tier 1 Investor Visa you need to be from outside[ the European Economic Area ](https://www.gov.uk/eu-eea)and Switzerland wishing to invest £2,000,000 in the UK. Applicants must meet the following eligibility criteria: - you must be 18 or over - you must be able to provide evidence that the money belongs to you, your spouse or partner - you must have opened a UK bank account - your funds must be held in one or more regulated financial institutions - your funds must be free to spend (‘disposable’) in the UK To ensure your application is processed without delay, you should ensure you provide all of the necessary documents which show how you have access to the funds and meet all the eligibility criteria. Not submitting important documents or failing to highlight them can result in the application being rejected and having to start again and pay further Home Office fees. ## How to apply for Tier 1 Entrepreneur Visa You will need to satisfy the eligibility requirements for the visa and you must adequately evidence this; once you have compiled a strong application, you may make an immigration application to the UK Home Office. There are different applicable eligibility requirements depending on whether you have access to £50,000 or £200,000 of investment funds. Nonetheless, below are some essential and common criteria: - your funds must be held in regulated financial institutions; - your funds must be freely accessible to you to invest into the UK; - you must be at least 16 years old; - you must satisfy the English language requirement (you may be exempt from the requirement if you are a national of a majority English speaking country or if you hold a Bachelor’s or Master’s degree or PhD that is taught in English and is equivalent to UK qualifications); - you must demonstrate that you have sufficient funds to maintain and support yourself whilst you are in the UK (personal savings of £3,310 if applying from outside of the UK and £945 if applying from inside of the UK); - you must satisfy the ‘[genuine entrepreneur test](https://web.archive.org/web/20190320194244/https://immigrationandvisasolicitors.co.uk/uk-home-office-business-visa-requirements-tier-1-genuine-entrepreneur-test/)‘; - you do not fall under the [general grounds for refusal in accordance with Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal) As part of your application, you are always expected to submit an extensive business plan with your application to demonstrate that you have a genuine and credible business idea. Furthermore, the [Home Office](https://www.gov.uk/government/organisations/home-office) imposes strict specified documentation rules onto applicants to demonstrate that they satisfy all relevant criteria. You must be cautious that you are submitting the correct documents that satisfy the high threshold of standard the Home Office have set. ## Your Rights on a Tier 1 Investor Visa and Accelerated Settlement If you are successful with your application and your Tier 1 Visa is granted, you will be able to invest £2,000,000 or more in UK government bonds, share capital or loan capital in active and trading UK registered companies. You will also be able to work or study in the UK. You might consider applying to fast track your settlement in the UK after 2 or 3 years of your stay. We have recently written about the accelerated Indefinite Leave to Remain applications for Tier 1 Investors, which you can find [here](https://immigrationandvisasolicitors.co.uk/uk-tier-1-investor-indefinite-leave-remain/). During your stay on a Tier 1 visa you will not be able to invest in companies mainly engaged in property investment, property management or property development or work as a professional [sportsperson ](https://immigrationandvisasolicitors.co.uk/tier-2-uk-visa-options-non-eea-national-sportspersons/)or sport coach. You will also not be eligible to get public funds. There are also some restrictions for doctors and dentists. ## Your Rights on Tier 1 Entrepreneur Visa and Accelerated Settlement You may be able to switch to a Tier 1 Entrepreneur visa in the UK, the rules that are applicable to you will depend on which type of visa you previously held or is currently holding. For instance, if you previously held a Tier 1 Post Study Work or Tier 1 General visa, you must also demonstrate you have been and continue to engage in Existing Business Activities. You will be allowed to stay in the UK for a maximum of 3 years and 4 months once you have been granted the visa. You may then extend your Tier 1 Entrepreneur visa for another 2 years. The Tier 1 Entrepreneur visa can lead to settlement in the UK once you have been in the UK under this category for 5 years, provided that you meet all applicable requirements. You may also be eligible for an [accelerated settlement](https://web.archive.org/web/20190320143426/https://immigrationandvisasolicitors.co.uk/tier-1-visas-accelerated-settlement-entrepreneurs-early-indefinite-leave-to-remain-ilr-investor/) under this route if you satisfy the requirements. ## Using Legal Representation to Apply for Tier 1 Investor and Tier 1 Entrepreneur Visa Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit a Tier 1 Investor  or Tier 1 Entrepreneur Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 1 Investor and Tier 1 Entrepreneur Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Immigration Enforcement by Insolvency Service for Company Directors Employing Illegal Workers Source: https://immigrationandvisasolicitors.co.uk/uk-insolvency-service-disqualifies-bans-company-directors-employ-illegal-workers-right-to-work-home-office/ *As well as fines of £20,000 per illegal worker, the UK Government imposes immigration enforcement via the Insolvency Service by now regularly utilising their powers under the [Company Directors Disqualification Act 1986](https://www.gov.uk/company-director-disqualification) to ban those that employ illegal workers from being a UK Company Director for six years. A company director disqualification can severely impair any entrepreneur's ability to successfully run a business in the UK, both in the period of the ban and also thereafter.  * UK Government Policy: Fining and Banning Directors who Employ Illegal Workers The severity of the actions of the Home Office and the Insolvency Service highlight the critical need for HR departments to engage business immigration solicitors to ensure the deployment of thorough business immigration [right to work checks](https://immigrationandvisasolicitors.co.uk/right-to-work-check-immigration-act-2016/) and careful HR employee screening policies to avoid immigration enforcement action. In addition, if facing a Civil Penalty, it is now even more prudent to [legally challenge the Home Office Civil Penalty](https://web.archive.org/web/20160730092836/http://immigrationandvisasolicitors.co.uk:80/uk-businesses-employers-challenging-civil-penalty-notice/) given the dire economic consequences of a Director's Disqualification including an appearance on the [Register of Disqualified Directors at Companies House](https://www.gov.uk/search-the-register-of-disqualified-company-directors). ## UK Civil Penalties and Immigration Enforcement: Immigration, Asylum & Nationality Act 2006 IANA 2006 renders employers responsible for preventing illegal working in the UK by immigration enforcement. For example, there is a civil penalty regime under IANA 2006 and section 35 of the Immigration Act 2016. This allows the Home Office to initiate criminal proceedings against employers who knew or should have known they were employing workers illegally. The consequences are fines of up to £20,000 per illegal worker. The civil penalties are harsher for repeat offenders and large scale employment of illegal workers. ## Director's Disqualification:  Company Directors Disqualification Act 1986 Another example of immigration enforcement is that in addition to Directors of companies who breach the IANA 2006 and suffer civil penalties, they may be further penalised under CDDA 1986. There is clearly a UK Government policy to seek to ban such directors. It appears that the Insolvency Service has been tasked with disqualifying directors, regardless of whether the company was in liquidation or not (which is the usual trigger event for the Insolvency Service to take action). The involvement of the Insolvency Service may also be due to non-payment of the massive financial penalties. Such [penalties can often be challenged by competent business immigration solicitors](https://web.archive.org/web/20160730092836/http://immigrationandvisasolicitors.co.uk:80/uk-businesses-employers-challenging-civil-penalty-notice/) and either eliminated or reduced to an affordable sum which could eliminate the possibility of director disqualification. ## Joint Insolvency Service & Home Office Immigration Enforcement Action The [Home Office reported](https://web.archive.org/web/20190723182156/https://www.gov.uk/government/news/warning-on-employing-illegal-workers-as-directors-of-11-companies-are-disqualifi) in a press release reproduced below, that the directors of 11 separate businesses across the UK had been recently disqualified for failing to ensure that their companies complied with statutory obligations under IANA 2006. The businesses were visited by Immigration Enforcement and having failed to produce documents which confirmed certain employees had the correct permission to work in the UK, were fined. The businesses included a textiles manufacturer, a petrol station and several restaurants in London, Newbury, Reading, Slough and Leicester. Following their visits, Immigration Officers issued a civil penalty notice to the employers. The businesses had employed a total of 39 illegal workers resulting in total fines of £450,000. It is understood that the fines were not successfully challenged and instead went unpaid. ## Impact of UK Policy: £450,000 Civil Liability Fines & 6 Year Director Bans The cases were then referred to the Insolvency Service who carried out their own investigations, leading to the disqualification of the 11 directors. The disqualified directors have each been banned from being a company director or being involved in the management of a company for 6 years. It is vital for businesses to ensure they carry out the right to work checks correctly and respond to and/or challenge any information requests or civil penalty notices to avoid further immigration enforcement action, ideally with [professional legal advice from an immigration solicitor or barrister](https://web.archive.org/web/20160730092836/http://immigrationandvisasolicitors.co.uk:80/uk-businesses-employers-challenging-civil-penalty-notice/). ## Legal Advice: Preventing Immigration Enforcement Action from Right to Work Checks & Challenging Civil Penalties If you have been issued with an information request or wish to challenge a civil penalty, please get contact with our business immigration team today. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please call us for a telephone case assessment on 02030110276. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. We can ensure that you remain compliant with your immigration law obligations. Get in touch with our business immigration lawyers now on 02030110276.   You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- **UK Government Press Release: ****Warning on employing illegal workers as directors of 11 companies are disqualified** The director of a Reading-based butcher and the director of a company operating a café in Keighley, Yorkshire, have become the latest company directors to receive lengthy bans for employing illegal workers. In all directors 11 separate businesses across the country have been disqualified recently, all of whom were already fined for employing illegal workers. The disqualifications all follow investigations by the Insolvency Service. The businesses include four restaurants, three butchers, a café, a clothing manufacturer and a petrol station. They are based in Leicester, London, Newbury, Farnborugh, Reading, Slough, Keighley, West Yorkshire and Lincoln. Between them, they employed 39 illegal workers and were fined a total of £450,000 by the Home Office, which was not paid. Three of the companies have now entered into liquidation. The Insolvency Service is working very closely with Home Office Immigration Enforcement to take action in cases where the company is still active and not subject to insolvency proceedings . The 11 have been banned from being company directors or being involved in the management of companies for six years each. The matters leading to all of the disqualifications are that the directors failed to ensure that the companies complied with statutory obligations under The Immigration, Asylum and Nationality Act 2006 to ensure that relevant immigration checks were completed and copy documents retained, resulting in the employment of illegal workers. Following visits from Home Office Immigration, during which the breaches were discovered, the companies were issued with penalty notices ranging from £10,000 to £15,000 per worker, which remain unpaid. All were directors of the companies and were in office at the time of the Home Office visit. Commenting on the disqualification, Cheryl Lambert, Chief Investigator at the Insolvency Service, said: Employing illegal workers is not a victimless crime. These directors sought an unfair advantage over their competitors by employing people under the radar who were not entitled to work legally in the UK. If a company is found to be employing illegal workers and not carrying out the checks they are required to by law, then the Insolvency Service will take action to remove the directors from the market place, regardless of whether the company is in Liquidation or not. This action is a warning to other employers to seriously consider their duties and obligations. The disqualified directors are: - Kit Bing Cheung, director of Littleson Ltd, of Sutton, disqualified on 11 July 2016 - Shaik Miah, director of Ferndown Tandoori Ltd, of Christchurch, Dorset, disqualified on 12 August 2016 - Nazim Uddin, director of Best Buy London Ltd, of London, disqualified on 22 September 2016 - Shipa Ahmed, director of Mooncastle Ltd, of London, disqualified on 28 September 2016 - Sasi Kandasamy, director of SPK Retail Ltd, of Wakefield, disqualified on 29 September 2016 - Fardin Khan, director of Saweria Trading Ltd, of Brentford, disqualified on 6 October 2016 - Taher Taimus, director of Three Diamonds Newbury Ltd, of Newbury, disqualified on 12 October 2016 - Najaranabanu Mubarakhusein Ugharadar, director of Stylz Design UK Ltd, of Leicester, which entered into Liquidation on 13 July 2016, disqualified on 17 October 2016 - Muhammad Iqbal Chowdhury, director of Fresh Mint UK Ltd, of East Finchley, disqualified on 31 October 2016 - Mohammed Shabaz Ayub, director of Kenya Butchers Reading Limited, of Romford, disqualified on 5 December 2016 - Mr Aamir Khan, the director of a cafe company trading under the name ‘Café Aamir Khans’ in Keighley, West Yorkshire, of Shipley, disqualified on 9 December 2016 #### Notes to editors Najaranabanu Mubarakhusein Ugharadar (date of birth: 31 January 1987), is of Leicester. Stylz Design UK Ltd was incorporated on 30 April 2013 under CRO number 08510681, with its registered office 109 Coleman Road, Leicester, LE5 4LE. The company traded as a textile manufacturer, from premises at 93 Constance Road, Leicester, LE5 5DF. On the 13 July 2016, the Company was placed into Creditors Voluntary Liquidation., wit liabilities of £120,861, which includes the Home Office penalty listed as £51,667. The total deficiency, including shareholders funds is £115,961. On 17 October 2016 Najaranabanu Mubarakhusein Ugharadar entered into a voluntary undertaking not to act as a director for 6 years. His disqualification commenced on 7 November 2016. Muhammad Iqbal Chowdhury (date of birth: 6 December 1979), is of Cumbria. Fresh Mint UK Ltd was incorporated on 12 November 2012 under CRO number 08296473, with its registered office at 72 Farnborough Road, Farnborough, GU14 6TH. The company traded as restaurant with the trading name Paprika Indian Restaurant, from premises at the registered office address. On 24 May 2016, the Company was placed into Creditors Voluntary Liquidation, with liabilities of £116,270, which includes the Home Office penalty of £75,000. The total deficiency, including shareholders funds is £116,356. On 31 October 2016, Muhammad Iqbal Chowdhury entered into a voluntary undertaking not to act as a director for 6 years. His disqualification commenced on 21 November 2016. Café Aamir Khans Limited (Company Registration No. 09267431) was incorporated on 16 October 2014 and traded from 37-39 Bradford Road, Keighley, West Yorkshire BD21 4BW. Mr Aamir Khan (date of birth 6 February 1990) was the sole registered director from 16 October 2014, the date of incorporation, until liquidation. The company went into liquidation on 23 October 2015. On 18 November 2016, the Secretary of State for Business, Energy and Industrial Strategy accepted a Disqualification Undertaking from Mr Khan, effective from 9 December 2016, for six years. All public enquiries concerning the affairs of Café Aamir Khans Limited should be made to: The Official Receiver, Public Interest Unit, 2nd Floor, 3 Piccadilly Place, London Road, Manchester, M1 3BN. Tel: 0161 234 8531 Email: [piu.north@insolvency.gsi.gov.uk](mailto:piu.north@insolvency.gsi.gov.uk). A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot: - act as a director of a company - take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership - be a receiver of a company’s property Persons subject to a disqualification order are also bound by a [range of other restrictions](https://www.gov.uk/government/publications/corporate-insolvency-effect-of-a-disqualification-order). Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings. Further information on director disqualifications and restrictions is [available](https://www.gov.uk/government/collections/information-about-company-director-disqualification). The Insolvency Service administers the insolvency regime, investigating all compulsory liquidations and individual insolvencies (bankruptcies) through the Official Receiver to establish why they became insolvent. It may also use powers under the Companies Act 1985 to conduct confidential fact-finding investigations into the activities of live limited companies in the UK. In addition, the agency authorises and regulates the insolvency profession, deals with disqualification of directors in corporate failures, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice. Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is [available](https://www.gov.uk/government/organisations/insolvency-service). All public enquiries concerning the affairs of the companies should be made to: Cheryl Lambert, Head of Outsourced Investigations, Investigations and Enforcement Services, The Insolvency Service, 3rd Floor, Abbey Orchard Street, London SW1P 2HT. Tel: 0207 596 6117. Email: [Cheryl.Lambert@insolvency.gsi.gov.uk](mailto:Cheryl.Lambert@insolvency.gsi.gov.uk). --- # Study in the UK on a Long-Term Visitor Visa Source: https://immigrationandvisasolicitors.co.uk/study-long-term-visitor-visa/ *In a rare display of flexibility, UKVI has changed the rules for people on long-term visitor visas to allow them to study short-term in the UK. Previously, people on long-term visitor visas would have had to cancel their leave in order to study.* Concessions from the [Home Office](https://www.gov.uk/government/organisations/home-office) are rare occurrences, so it is noteworthy that they have introduced a new rule that allows people with a long-term visitor visa to study short-term in the UK for up to 30 days. Usually, people who hold leave to enter the UK as a visitor are not able to study, even short-term. To do so, they would have to cancel their visitor visa and re-apply for a [student visa.](https://www.gov.uk/tier-4-general-visa/overview) However, with the introduction of this new rule, people who hold long-term visitor visa will ‘occasionally be permitted to enter for the main purpose of study’. ## What are the Rules for Studying on a Long-Term Visitor Visa? This means that, should you hold a[ Long-Term Visitor Visa](https://immigrationandvisasolicitors.co.uk/apply-long-term-multiple-entry-visit/), you will have the opportunity to enter the UK for the sole purpose of studying *occasionally*. This is good news for people who would like to enrol on an English language course or another short-term study course. There are, however, a number of provisions to the new rule: - You may be permitted to enter on a long-term visitor visa, as long as the course or period of study does not exceed 30 days at any one time and, unless it is a recreational course, takes place at an accredited institution; - The maximum period of study is 30 days, provided study is not the main purpose for holding the long-term visitor visa; - Time spent studying in the UK does not exceed the time spent carrying out other permitted activities under the long-term visitor visa. It is important to remember that the new rule would like people with long-term visitor visas to enter the UK to study only occasionally: if you have a long-term visitor visa and want to frequently visit the UK to study short-term, then this might result in you being refused entry. It will also be important for accredited institutions that accept international students to ensure that students with long-term visitor visas do not enroll in a course that is longer than the 30 days permitted. ## Can Anyone Enter the UK on a Short-Term Study Visa? People who hold long-term visitor visas and enter the UK to study short-term, will still need to show documents and other evidence to that effect at border control. If you have a single-entry visitor visa, please note that the new rule does not apply to you – it is only for those who hold long-term visitor visas. If you are planning on visiting the UK to study short-term, or indeed long-term, it is important to remember that you are not able to enter the UK to study on a standard visitor visa if your course is more than 30 days. ## Using Legal Representation to Apply for a Long-Term Visitor Visa and Short-Term Study Visa Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit a Long-Term Visitor Visa or Short-Term Study Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Long-Term Visitor Visa and Short-Term Study Visa applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # UK Register of Sponsors – Apply for a Sponsor Licence for your Company Source: https://immigrationandvisasolicitors.co.uk/uk-register-sponsors-licence-company/ *Register of Sponsors is a list of organisations licenced to sponsor migrants under Tier 2 and Tier 5 of the Points-Based System. Employers who wish to employ workers from outside the European Economic Area (EEA) must obtain a Tier 2 or Tier 5 Sponsor licence which enables them to employ a highly skilled non-EEA worker. * With current development in UK immigration laws, many business owners are eager to learn more about different options available in order to bring in international talents from outside the European Economic Area (EEA) to continue to meet business needs and growth. Our experienced solicitors can assist you in obtaining a Sponsor licence for your company and register in the Register of Sponsors. ## UK Register of Sponsors: What is it? Register of Sponsors is a list of organisations licenced to sponsor migrants under Tier 2 and Tier 5 of the Points-Based System. The list contains organisation’s name, the sub tier or tiers they are licenced for and their rating against each sub tier. There are currently 29,751 sponsors registered in the Register of Sponsors: 27,799 under Tier 2 and 3,863 under Tier 5. The full document listing all the employers holding a Sponsor licence can be found[ here.](https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwiyqei24fPRAhXpD8AKHbmfB-kQFggaMAA&url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F574960%2F2016-12-06_Tier_25_Register_of_Sponsors.pdf&usg=AFQjCNHwma9RAH75z2iFgUKfY5t-2KVDeA&sig2=QQgaV1QGengo4iNej7GigQ&bvm=bv.146094739,d.d2s) ## UK Tier 2 Sponsor Licence: What is it? In order for UK business employers to be able to employ skilled workers from outside the EEA, they will need to be holders of a valid [Sponsor licence](https://www.gov.uk/uk-visa-sponsorship-employers/overview). This include unpaid work such as running a charity. You must note that sponsoring someone to be your employee in the UK does not necessarily mean that they will most certainly be allowed to work in the UK. Their right to work in the UK will be dependent on numerous factors and on the outcome of their immigration Leave to Remain or Entry Clearance applications. ## UK Tier 2 Sponsor Licence Application Requirements You must apply for a Sponsor Licence online and you must apply for the correct type of licence in order to be successful in your application. For instance, if you wish to sponsor a worker under the Tier 2 (General) route, you must ensure that the job you are offering is of a [suitable skill level and has a corresponding appropriate salary](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/571090/Tier_2_Policy_Guidance_11_2016.pdf). The minimum skill level of the job must be at NQF level 6 as stated in the [codes of practice](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/423732/codes_of_practice_april_2015.pdf). Furthermore, the job must pay an appropriate salary in relation to the job title, job description, and the Standard Occupational Classification (SOC) codes. After you have submitted the application online, you must then provide with the Home Office all the [supporting documents](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/571023/Appendix_A_24-11-2016.pdf) within a restricted time limit via post. Different types of businesses will be required to provide different documentary evidence. As a general rule, you must provide sufficient evidence to demonstrate that you run a legitimate and genuine business. You will be expected to provide evidence that your company is registered with the applicable and necessary regulatory bodies. You will further be expected to provide documents such as Employer’s Liability Insurance cover, proof of VAT registration, financial accounts of the company, and numerous documents depending on the type of business that you run. ## Sponsor Management System for Tier 2 and 5 Sponsors If you already have a S[ponsor licence](https://www.gov.uk/uk-visa-sponsorship-employers/types-of-licence) as a UK employer of a non-EEA national under Tier 2 or Tier 5 category, you can use the Sponsor Management System [(SMS)](https://www.gov.uk/government/collections/sponsorship-information-for-employers-and-educators#user-manuals-sponsorship-management-system-sms) to manage or renew an organisation's Sponsor licence, create and assign [certificates of sponsorship](https://www.gov.uk/browse/visas-immigration/sponsoring-workers-students) to a prosepective employee and report a change of circumstance such as withdrawal of sponsorship of a sponsored employee. The new premium service option for Sponsors making requests via the [Sponsor Management System (SMS)](https://www.points.homeoffice.gov.uk/gui-sms-jsf/home/SMS-003-Home.faces) was announced by the Home Office last year and it enables sponsors to have* *their SMS requests dealt with on a priority basis however the date when the service will be introduced is yet to be announced by the Home Office. ## Using Legal Representation to Apply for a Tier 2 and Tier 5 Sponsor Licence Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 or Tier 5 Sponsor licence application. A Sponsor Licence application can be complicated at times as the Home Office have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the Sponsor Licence process. We ensure that we assist you to achieve and maintain an A-rated Sponsor status and provide ongoing compliance checks to ensure you are aware of your duties as a registered Sponsor. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 2 and Tier 5 Sponsor Licence Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # UKVI receive increase in number of Sole Representative Visa applications Source: https://immigrationandvisasolicitors.co.uk/successful-sole-representative-visa/ *The UK in particular London is known for its multi-cultural and diverse society. London is the home to numerous businesses from across the globe. Recent reports have suggested that the UK is the number one investment destination in Europe for overseas businesses. It is no coincidence that there has been *an unprecedented* increase in [Sole Representative Visas](https://www.gov.uk/representative-overseas-business/overview) as this particular visa allows businesses from [outside the EEA](https://www.gov.uk/eu-eea) to send personnel to set up a part of their existing business in the UK. This particular visa also allows Applicants to extend their visa multiple times.* Sole Representative Visas can be made by LEXVISA Solicitors ## What is a Sole Representative Visa? A [Sole Representative](https://web.archive.org/web/20161017121814/http://immigrationandvisasolicitors.co.uk:80/sole-representative-visa-uk-immigration-law/) Visa allows overseas businesses who are registered outside the European Economic Area to set up a part of their business in the UK. To apply for a Sole Representative visa you must apply from outside the EEA and be able to demonstrate you meet the requirements. The important point to consider is that you will only be granted a Sole Representative if you can demonstrate that you have been recruited and employed outside the UK by a business who has registered that their principal place of business is outside the UK. In addition to the above, you must also demonstrate that you hold a senior position within the business and have the capacity to make decisions on its behalf. What makes this particular visa so popular is that it allows you to work for your employer full time in the UK, extend your visa multiple times and have your family join you in the UK. This visa could also potentially lead to settlement privileges in the UK following a successful 5 year period. ## Application for Leave to Remain under the Sole Representative Visa (Overseas Media Employees) You will be granted Leave to Remain under a Sole Representative Visa as an Overseas Media Employee if you meet the following requirements. You must have initially entered the UK as a Sole Representative of an overseas business and must have worked for the same employer who you were granted Entry Clearance to work for in the UK.  You will continue to demonstrate that you can maintain and accommodate yourself (and your dependents if applicable). In addition to the above, you must also show that the employer still requires your assistance and this must be certified by the employer in a letter. Applicants must also demonstrate that they have received a salary; this can be done by providing bank statements and payslips which correspond. ## Application for Leave to Remain under the Sole Representative Visa (Sole Representative) You will be granted Leave to Remain under a Sole Representative Visa as a Sole Representative if you meet the following requirements. Similarly like Overseas Media Employee’s you must have initially entered the UK as a Sole Representative of an overseas business and must have worked for the same employer who you were granted Entry Clearance to work for in the UK.  You will continue to demonstrate that you can maintain and accommodate yourself (and your dependents if applicable). To be granted Leave to Remain you must provide evidence that you will be continuing as a senior employee with the capacity to make operational decisions. You should also be able to prove that the overseas business still has its headquarters and principal place of business outside the UK. ## Using Legal Representation to Apply for a Sole Representative Visa Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit a Sole Representative Visa application or an application for Leave to Remain as a Sole Representative of an overseas company. Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Sole Representative Visa Applications and Leave to Remain Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Shortage Occupation List – Apply to the Home Office for a Sponsor Licence Source: https://immigrationandvisasolicitors.co.uk/shortage-occupation-list-sponsor-licence/ *Shortage Occupation List is a list of shortage occupations which are ones where there are not enough settled workers to fill available jobs in particular sectors. Employers willing to employ a worker on a Tier 2 Visa will not have to carry out a Resident Labour Market test if the occupation is listed on the Shortage Occupation List.* ## UK Tier 2 Sponsor Licence: What is it? In order for UK business employers to be able to employ skilled workers from outside the EEA, they will need to be holders of a valid [Sponsor licence](https://www.gov.uk/uk-visa-sponsorship-employers/overview). This includes unpaid work such as running a charity. You must note that sponsoring someone to be your employee in the UK does not necessarily mean that they will most certainly be allowed to work in the UK. Their right to work in the UK will be dependent on numerous factors and on the outcome of their immigration Leave to Remain or Entry Clearance applications. ## UK Shortage Occupation List: What is it? Shortage occupations are ones where there are not enough settled workers to fill available jobs in particular sectors. The document is reviewed regularly and includes a separate occupations list for Scotland. If the job that your future employee is applying for is listed on the Shortage Occupation List, you will not have to carry out a Resident Market Labour Test before assigning Tier 2 (General) [certificate of sponsorship (CoS)](https://www.gov.uk/browse/visas-immigration/sponsor-workers-students). The certificate of sponsorship can only be assigned for a job in the Shortage Occupation List if the migrant will work for a minimum of 30 hours a week. There are also specific requirements for applicants applying under the digital technology Shortage Occupation List. ## UK Resident Market Labour Test Employers must demonstrate they have conducted the [Resident Market Labour Test ](https://www.gov.uk/uk-visa-sponsorship-employers/job-suitability)before recruiting a non-European Economic Area (EEA) migrant worker under the Tier 2 (General) visa. The Home Office has made it clear that they will refuse Tier 2 applications where employers have failed to conduct the Resident Labour Market Test. Employers must demonstrate they have advertised the vacancy for at least 28 consecutive calendar days in accordance with their policy guidance, within the 6 month period before assigning the certificate of sponsorship to a non-EEA migrant. Assessing a candidate's suitability for a job role solely on qualifications is relatively straightforward for employers but challenges often arise when assessing a candidate's intangible skills referred to as soft skills which are not easily distinguishable. ## Using Legal Representation to Apply for a Tier 2 Sponsor Licence Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 Sponsor licence application. A Sponsor Licence application can be complicated at times as the [Home Office](https://web.archive.org/web/20190320133622/https://immigrationandvisasolicitors.co.uk/certificate-sponsorship-cos/) have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the Sponsor Licence process. We ensure that we assist you to achieve and maintain an A-rated Sponsor status and provide ongoing compliance checks to ensure you are aware of your duties as a registered Sponsor. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 2 Sponsor Licence Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Naturalisation – Successful British Citizenship Application Source: https://immigrationandvisasolicitors.co.uk/apply-british-citizenship-naturalisation-lexvisa/ *Our team of expert solicitors received some wonderful news this week that a returning client (the Applicant) had been granted [British Citizenship](https://www.gov.uk/becoming-a-british-citizen). This was the third occasion the client had instructed the firm as he had previously instructed the firm to prepare a [Spouse visa](https://web.archive.org/web/20170116000810/https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) application and a Spouse extension. The Applicant had been impressed with our team’s commitment and hard work in ensuring successful results. Upon instruction, our team of solicitors were able to submit a successful Naturalisation application and get a decision within 3 months where in normal circumstances the minimum processing time is 6 months or longer due to the large influx of cases the Home Office have received due to [Brexit](http://www.theweek.co.uk/brexit/73161/will-eu-nationals-be-allowed-to-stay-in-uk-after-brexit).     * **Naturalisation - The case for British Citizenship ** The Applicant was a South African national who first entered the UK on a Working Holiday visa. The Applicant married a British citizen who was settled and present in the United Kingdom and subsequently instructed the firm to prepare and submit a UK Spouse visa. The Applicant returned 30 months later for a UK Spouse visa extension. In our consultation with the Applicant, we addressed the issues surrounding the Applicant’s current circumstances. The Applicant had grave concerns about whether he would be able to submit a successful [Naturalisation](https://web.archive.org/web/20190215224436/https://immigrationandvisasolicitors.co.uk/uk-naturalisation-british-citizenship-eea-eu-europe-national/) application as he had committed a Road Traffic Offence that impacted on whether the Applicant satisfied the Good Character requirement. After speaking to our expert solicitors, the Applicant was reassured that our solicitors often assisted clients in similar situations to his. The Applicant instructed us to prepare and assist with the submission of his Naturalisation application. Our solicitors were able to prepare an exceptional application and eliminate any concerns, resulting in a successful application. Following the submission of the client’s application, the Applicant had informed us that due to a change in his personal circumstances, he needed a fast-tracked decision on his Naturalisation application. Our solicitors successfully liaised with the Home Office and the Applicant was granted British Citizenship with 3 months from the date of submission. In normal circumstances, processing times for [Naturalisation](https://web.archive.org/web/20190215224436/https://immigrationandvisasolicitors.co.uk/uk-naturalisation-british-citizenship-eea-eu-europe-national/) applications is a minimum of 6 months but in light of recent events surrounding Brexit, decisions could be delayed. **How we can assist submit a successful Naturalisation Application ensuring British Citizenship** In this particular case, the client had informed our team that he would like to submit his application as soon as practicable. Our solicitors successfully guided the Applicant through the application process and prepared outstanding legal representations, which directly tackled all the issues, involved in the Applicant’s application and highlighted how the Applicant met the UK immigration rules. It was essential that our legal representations tackled the issue of the Road Traffic Offence and addressed how the Applicant met the Good Character requirement. A failure to address and mitigate this could have had serious consequences on the success of the Applicant’s application to acquire British Citizenship. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of his documents to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. In our review process, we discovered that there was a significant amount of documentary evidence missing or not in the correct format.  To give the Applicant the best chance of success we worked with the Applicant and addressed these issues by giving practical solutions which were in the Applicant's best interest.  We also prepared and assisted the Applicant with the [AN Naturalisation](https://www.gov.uk/government/publications/application-to-naturalise-as-a-british-citizen-form-an) application form. **Eligibility for Naturalisation ** There are a number of requirements that one has to fulfil in order to make a successful application for British citizenship: - You must be 18 or over - You must be of sound mind and have good character; - You must intend on making the UK your place of home; - You must have sufficient knowledge of English Language & Sufficient knowledge of life in the UK; and - You must meet the residency requirements. Those wishing to apply for Naturalisation should consult with a member of our expert immigration team so we can consider the eligibility criteria and explore whether among other requirements, they meet the good character and residency requirements. **Advice from LEXVISA UK Immigration Solicitors on submitting a successful Naturalisation application ensuring British Citizenship** [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers here at LEXVISA bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Naturalisation application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. --- # Brexit News – Article 50 Bill Passes, What Does it Mean for EU Citizens? Source: https://immigrationandvisasolicitors.co.uk/brexit-news-article-50-bill-passes/ *After the [Supreme Court ruling](https://web.archive.org/web/20170203110104/https://immigrationandvisasolicitors.co.uk/brexit-supreme-court-article-50/), Parliament voted overwhelmingly for Brexit as the Article 50 bill was passed by the House of Commons without a single amendment.* ## Article 50 Bill Passes The threat of a Conservative Brexit rebellion evaporated on Wednesday, as Parliament voted to pass the government’s Article 50 bill by a majority of 494 votes to 122. There was not a single amendment made to the bill, which will now be discussed in the House of Lords, where Labour and Liberal Democrat peers will hope to push for concessions and clarity on the status of European Union citizens resident in the UK before Article 50 is enforced. [Prime Minister Theresa May](https://www.gov.uk/government/organisations/prime-ministers-office-10-downing-street) did give some concessions to placate otherwise reluctant Conservative MPs, allowing that Members Parliament will be able to vote on the Brexit deal before MEPs can, and published a white paper outlining the negotiating priorities of the UK government. This quashed any rebellion over Article 50 that may have been simmering in Conservative ranks, and means that May is still on target to meet her self-imposed deadline of the end of March for triggering Article 50. ## Article 50 Bill Amendments Fail - and Cause Labour Casualty In total, nine amendments were proposed to the Article 50 bill, including a wide-ranging amendment to protect the rights of EU workers currently living in the UK, which would have legally enforced Theresa May to prioritise the rights of EU citizens. However, the amendment was defeated 336-291, [leaving the future of EU citizens](https://immigrationandvisasolicitors.co.uk/brexit-immigration-strategy-eea-uk/) in the UK no clearer than before. There was one major political casualty caused by the Article 50 bill, however, as Clive Davis, MP for Norwich South, resigned as shadow business secretary. Despite leader Jeremy Corbyn enforcing a 3-line whip, Davis was one of 52 Labour MPs who voted against the Article 50 bill. Davis cited his responsibility towards his constituents, who voted heavily in favour of remaining in the EU, as reasons for stepping down. Having voted for the Article 50 bill at its first reading, Davis made it clear that he would resign if Labour failed to make any amendments at the second reading. ## UK Immigration Strategy Advice and Successful EEA-Related Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Right to Rent and What it Can Mean for EEA Nationals Source: https://immigrationandvisasolicitors.co.uk/right-to-rent-eea-nationals/ *The government’s Right to Rent* S*cheme requires landlords to check the immigration status of their potential tenants, even [EEA nationals](https://immigrationandvisasolicitors.co.uk/permanent-residence-non-eea-family/), and both tenants and landlords could face fines or even prison if they fail to comply.* ## What does the Right to Rent Scheme mean? The government’s controversial [Right to Rent Scheme](https://www.gov.uk/check-tenant-right-to-rent-documents/who-to-check), which requires landlords to take copies of their tenants’ documents such as valid passports or ID cards, means that landlords are now effectively working as immigration officers, and checking on the status of immigrants in the UK. If a tenant is not able to prove their right to rent through a valid passport or ID card, then landlords will not allow them to rent property. The Right to Rent Scheme has meant that it is also EEA nationals, British citizens who do not have passports, as well as other immigrants, who are facing discrimination in the struggle for affordable housing. British ethnic minorities who cannot produce a passport or ID card, for example, are more likely to face a negative reaction from a landlord than a ‘white British’ tenant, and would not be able to rent. Worse still, the Right to Rent Scheme has meant that vulnerable individuals such as asylum seekers, stateless persons and victims of slavery are at threat from rogue landlords seeking to take advantage of offering tenancy without needing to show a ID. According to a Joint Council for the Welfare of Immigrants report, half the landlords surveyed said that they would not consider letting to foreigners due to the problems caused by the Right to Rent Scheme, and more than half said it would make them less likely to do so. ## What about EEA Nationals? Those from the European Union who live in the UK will also need to prove their Right to Rent - and there are up to 400 documents from the EU that can be used to do so. This makes what should be the simple task of renting even harder, as not all landlords are going to be willing to accept non-British tenants due to the amount of work it will involve validating different types of ID. Landlords who would otherwise be very welcoming to non-British tenants, and especially EEA nationals are being driven to discriminate on that basis. The Right to Rent Scheme shows the importance of securing a valid ID, one that is instantly recognisable to landlords, and that proves your status in the United Kingdom. This is no less true for EEA nationals than it is for non-EEA nationals. [There is a great deal of uncertainty being caused by Brexit](https://web.archive.org/web/20170210104756/https://immigrationandvisasolicitors.co.uk/brexit-news-article-50-bill-passes/), and confirming your legal status in the United Kingdom, and a valid document to prove it, will help you avoid the potential problems caused by the Right to Rent Scheme. That valid document will allow your life in the United Kingdom to become more comfortable than before. ## UK Immigration Strategy Advice and Successful EEA-Related Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Sponsor Licence & Tier 2 Work Visa Update: New Immigration Skills Charge Source: https://immigrationandvisasolicitors.co.uk/new-immigration-skills-charge-tier-2/ In an attempt to control net migration the government has proposed further changes to work related visas under the [Point Based System](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system) (PBS), in particular, the [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) visa category will be affected. The UK government have proposed an introduction of a mandatory Immigration Skills Charge for overseas migrant workers later this year. **What is the Immigration Skills Charge**? In March 2016 the UK government confirmed that it would be going ahead with implementing a new Immigration Skills Charge for employers who wish to recruit overseas specialist workers from outside the European Economic Area (EEA). At the moment, employers only need a valid [Sponsor Licence](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) to employ overseas workers and a valid [Certificate of Sponsorship (*CoS*)](https://www.gov.uk/uk-visa-sponsorship-employers/sponsorship-certificates) to offer a non-EEA national worker a job in the UK. The Immigration Skills Charge is set to come into force on 6 April 2017. Following this, employers will be required to pay a mandatory Immigration Skills Charge (£1000) for every overseas migrant employee they recruit to join their workforce in the UK. There is a reduced fee for small or charitable organisations; they are only required to pay £364 per employee.  Numerous academics and immigration law practitioners have commented on the adverse impact on Tier 2 Sponsor's from being levied with the Immigration Skills Charge and have considered it as an unjust charge in an attempt to deter and discourage employers from recruiting overseas migrant workers from outside the European Economic Area (EEA), to cut down net migration figures in the UK. The government has backed the new Immigration Skills Surcharge and has been supported by the independent [Migration Advisory Committee](https://www.gov.uk/government/organisations/migration-advisory-committee) (MAC) as the charge promotes and encourages employers to invest and train UK candidates for specialist job roles. **Exemptions to the Immigration Skills Charge** There are 4 exemptions to the Immigration Skills Charge. Employers will not be required to pay the Immigration Skills Charge where the job is in relation to: - A Tier 4 (General) student switching into a Tier 2 (General) Visa; - A worker to do a specified PhD level occupation job; - A Tier 2 (Intra-Company Transfer) Graduate Trainee; and - A worker who has already been sponsored on a Tier 2 route before 6 April 2017 and is applying for an extension. **What does this mean for Tier 2 Employers** As a result of the Immigration Skills Charge, we have received a large influx of instructions on Tier 2 Sponsor Licence and Tier 2 Visa applications. We recommend employers who wish to hire overseas migrant workers to discuss their immigration options with our solicitors as soon as possible. All applications (bar the 4 exemptions above), will be subject to an Immigration Skills Charge from 6 April 2017 and therefore, should take action now to avoid the new charges. **Using Legal Representation to Apply for a Sponsor Licence or Tier 2 Visa Application** Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 Sponsor licence and Tier 2 visa applications. A Sponsor Licence application can be complicated at times as the [Home Office](https://web.archive.org/web/20190320133622/https://immigrationandvisasolicitors.co.uk/certificate-sponsorship-cos/) have imposed specific requirements for Applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the Sponsor Licence process. We ensure that we assist you to achieve and maintain an A-rated Sponsor status and provide ongoing compliance checks to ensure you are aware of your duties as a registered Sponsor. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. **Successful Sponsor Licence & Tier 2 Visa Applications** [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Apply for a Turkish Worker Visa in the UK Source: https://immigrationandvisasolicitors.co.uk/apply-turkish-worker-visa-uk/ *If you are a Turkish national and you have been working in the UK for at least 1 year, you may be eligible to apply for a Turkish [Worker visa](https://www.gov.uk/turkish-worker/family-members) which will enable you to continue to work in the UK. The [European Community Association Agreement](https://web.archive.org/web/20170713071241/http://trade.ec.europa.eu:80/doclib/docs/2003/december/tradoc_115266.pdf), often also referred to as the "Ankara Agreement" was enacted to promote good relations between Turkey and the EU Member States. As a result of the UK's association to the EU in 1973, Turkish nationals are now permitted to continue living in the UK for work purposes with a Turkish Worker visa under the Ankara Agreement.* ## Requirements for a Turkish Worker Visa There are a number of strict [requirements](https://www.gov.uk/turkish-worker/family-members) that you must meet in order for your application to remain in the UK as a Turkish Worker to be successful. These requirements are as follows: - You must be a Turkish national; - You must have worked lawfully in the UK for at least 1 year as: a) the spouse of a British or settled person without any restrictions on working in the UK, b) a holder of a work permit allowing you to work in the UK, or c) a student allowed to work 20 hours a week. - You must have worked for the same employer; - You must be in the UK legally; - You must apply before your current leave to remain expires; and - You must not have breached any immigration laws. In order to make a successful application you would need to satisfy the above requirements. If you are unsure as to whether you qualify for a Turkish Worker visa, our team of solicitors can advise you as to whether you meet the requirements and what options are available to you to remain in the UK. ## Conditions of Stay on a Turkish Worker Visa The length of time you will be granted to stay in the UK and who you can work for will depend upon how long you have been working in the UK prior to submitting your application. Please see the table below which demonstrates the conditions attached to a Turkish Worker visa depending upon how long you have previously worked in the UK: | **Length of time you have worked in the UK prior to submitting your application** | **Length of permission to be granted to work in the UK under the Turkish Worker visa** | **Who you can work for** | | --------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------- | ------------------------ | | 1 to 3 years | Up to 2 years | Only your current employer | | 3 to 4 years | Up to 1 year | Any employer but within the same occupation | | More than 4 years | Up to 3 years | Any employer and any occupation | In order to make a successful application to remain in the UK under a Turkish Worker visa you will need to show by way of [evidence ](https://www.gov.uk/turkish-worker/family-members)that you have worked in the UK for the period of time that you are relying upon in your application and that you have been employed by the same employer. It is crucial that you evidence the fact that you have been working in the UK for the relevant period as this can substantially affect the conditions attached to the visa you are granted. Our experienced solicitors can advise you as to the documentation you will need to support your application and what conditions are likely to be attached to your Turkish Worker visa if you are successful. ## Settlement in the UK as a Turkish National Worker Visa There are no routes to settlement under the Turkish Worker visa and therefore, if you wished to make an application for [Indefinite Leave to Remain](https://www.gov.uk/settle-in-the-uk) you would not be able to do so under this route. However, there may be other routes available to you, such as the Turkish [Businessperson](https://web.archive.org/web/20170114012951/https://immigrationandvisasolicitors.co.uk/turkish-business-person-visa-uk-ankara/) visa route or the 1[0 year long-residence route](https://www.gov.uk/long-residence/apply-to-settle), i.e., if you have been living in the UK legally for a continuous period of 10 years. Please be advised that the 10 year long-residence route can also be made up of time spent working under the Turkish Worker visa for a period of time. We would advise you to seek legal advice in order to ascertain what your options are in regards to settling in the UK as a Turkish national. ## Successful Turkish Worker Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # UK Permanent Residence Application: Success Story Source: https://immigrationandvisasolicitors.co.uk/uk-permanent-residence-application/ *Our team of expert solicitors have recently received the brilliant news that a client had been granted a document certifying her right of permanent residence in the UK. Our client has resided and exercised her Treaty Rights in the UK for over eight years and in the light of Brexit, she decided to instruct our immigration solicitors to submit an application to the Home Office. The Applicant has received the wonderful news after 3 months from submitting the online application.* ## The case for Application for a  Document Certifying Permanent Residence In our initial consultation with the Applicant, our solicitors were informed that the Applicant was an Eastern European national who entered the UK in 2008. The Applicant decided to relocate to the UK from Australia to work for an European office of her Australian Employer. The Applicant was concerned about the Worker Registration Scheme and whether the absence of obtaining the Worker Registration Scheme certificate would impinge on the success of her Permanent Residence application. We were informed that the Applicant has been residing in the UK since then and decided to instruct the firm to submit an application for her residence document. We were informed that the Applicant felt unsure about her future status in the UK as a result of 23 June 2016 Brexit referendum and therefore wanted to apply for a document certifying her permanent residence and for [naturalisation](https://immigrationandvisasolicitors.co.uk/apply-british-citizenship-naturalisation-lexvisa/). After speaking to our expert solicitors and receiving the comfort that our solicitors often assist clients in similar situations to her, the Applicant instructed us to prepare and submit her application. Our solicitors were very happy to receive a decision within 3 months where in normal circumstances the minimum processing time is 6 months or longer due to the large influx of cases that have been filed with the Home Office due to [Brexit](https://web.archive.org/web/20170210104756/https://immigrationandvisasolicitors.co.uk/brexit-news-article-50-bill-passes/). ## How we can assist in submitting a successful Application for a Document Certifying Permanent Residence Our solicitors successfully guided the Applicant through the application process and prepared outstanding legal representations which focused on providing evidence of the Applicant’s residence and exercising Treaty Rights for the last 5 years. Our solicitors had to work closely with the Applicant to ensure she was able to collate all the mandatory documents required for the Applicant’s application. It was essential that a properly executed application that met all the requirements was submitted as the Applicant wanted to obtain a document certifying her rights as possible. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her documents to ensure that Applicant submitted the correct documentary evidence in the correct format, which met the [Home Office’s ](https://www.gov.uk/government/organisations/home-office)requirements. We also prepared and submitted the online application form. ## Eligibility for a Document Certifying Permanent Residence In the United Kingdom, the current immigration rules governing a right of permanent residence fall under Regulation 15 of the Immigration (European Economic Area) Regulations 2006 (EEA Regulations). Regulation 18 of the EEA Regulations governs the documents which can be held as evidence of a right of permanent residence. You can apply for a permanent residence card after living in the UK for 5 years. This will prove your right to live in the UK permanently. In order to qualify for permanent residence you would need to be exercising your Treaty Rights as a worker, self-employed, self-sufficient, job-seeker or a student. EEA nationals who are able to evidence the above may wish to apply for a document which certifies their permanent residence. Family members of EEA nationals who have held an EEA Residence Card for 5 years may also wish to apply for an EEA Permanent Residence Card if they can demonstrate their EEA national family member was exercising their Treaty Rights during their stay in the UK. ## How to make a successful Application for a Document Certifying Permanent Residence To make a successful Permanent Residence application you must meet the Home Office's requirements, we have previously written about the stringent[ requirements.](https://web.archive.org/web/20161107000903/https://immigrationandvisasolicitors.co.uk/immigration-updates-new-online-permanent-residence-european-passport-return-service/) It is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any visa and immigration application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements. A common question we often come across is regarding the documents which have to be submitted as evidence of exercising treaty Rights. The requirements may be satisfied through various different avenues such as salaried employment, self-employment or cash savings (self-sufficient). You may wish to contact us if you have any questions regarding any of the requirements. ## Advice from UK Immigration Solicitors on Submitting a successful Application for a Document Certifying Permanent Residence [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Permanent Residence application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa and immigration application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. --- # Tier 2 Sponsor Licence Applications – Authorising Officer Source: https://immigrationandvisasolicitors.co.uk/tier-2-authorising-officer/ *Authorising Officer must be appointed when applying for a Tier 2 Sponsor Licence. Failure to having an Authorising Officer in your company at any point might cause a suspension or revocation of your Sponsor Licence. * ## Tier 2 Sponsor Licence Authorising Officer: Who is it? Authorising Officer is a person appointed by your company to be the Home Office's first and primary point of contact with your organisation. They will be responsible for the recruitment of all migrant workers, for the activities regarding the immigration status of your employees and for acting on your behalf to issue certificates of sponsorship. The Authorising Officer must be a permanent and paid member of your organisation. This is a very responsible role so it is advisable to ensure you are confident that your Authorising Officer fully understands the importance of their role. When applying for a Tier 2 Sponsor Licence you must appoint an Authorising Officer and you must have one in your company at any point. Failure to meeting this requirement may result in suspension or revocation of your Sponsor Licence. With current development in UK immigration laws, many business owners are eager to learn more about different options available in order to bring in international talents from outside the European Economic Area (EEA) to continue to meet business needs and growth. Our experienced solicitors can assist you in obtaining a Sponsor licence for your company and advise you on all the requirements of day-to-day running your company when employing overseas workers. ## Tier 2 Sponsor Licence: What is it? In order for UK business employers to be able to employ skilled workers from outside the EEA, they will need to be holders of a valid [Sponsor licence](https://www.gov.uk/uk-visa-sponsorship-employers/overview). This includes unpaid work such as running a charity. You must note that sponsoring someone to be your employee in the UK does not necessarily mean that they will most certainly be allowed to work in the UK. Their right to work in the UK will be dependent on numerous factors and on the outcome of their immigration Leave to Remain or Entry Clearance applications. ## Tier 2 Sponsor Licence Compliance Checks Once your Sponsor Licence has been issued it is your responsibility to ensure you comply with your Sponsorship duties.  The Home Office is known to conduct unplanned [compliance checks ](https://web.archive.org/web/20170218045735/https://immigrationandvisasolicitors.co.uk/renew-sponsor-licence/)visiting businesses without notice. If during these checks the Home Office is not satisfied with their findings and discover there has been a breach in any of the Sponsorship duties, it is likely that your Sponsor Licence will be suspended or revoked. The Home Office has made it clear that they will not tolerate inattentive employers by ruling out the appeal process following a suspension or revocation of a licence. Examples of potential compliance issues that may arise are: - Failure to update the SMS system regularly; - Failure to notify the Home Office of changes in Sponsor’s circumstances such as change of address or contact details; - Employing foreign workers without a valid visa; and - Not issuing employee’s important documents such as employment contract and payslips. Our team of solicitors can assist businesses with their Sponsorship duties by regularly conducting mock audits and compliance checks protecting their “A-rated” Sponsor Licence. ## UK Tier 2 Sponsor Licence Application Requirements You must apply for a Sponsor Licence online and you must apply for the correct type of licence in order to be successful in your application. For instance, if you wish to sponsor a worker under the Tier 2 (General) route, you must ensure that the job you are offering is of a [suitable skill level and has a corresponding appropriate salary](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/571090/Tier_2_Policy_Guidance_11_2016.pdf). The minimum skill level of the job must be at NQF level 6 as stated in the [codes of practice](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/423732/codes_of_practice_april_2015.pdf). Furthermore, the job must pay an appropriate salary in relation to the job title, job description, and the Standard Occupational Classification (SOC) codes. After you have submitted the application online, you must then provide with the Home Office all the [supporting documents](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/571023/Appendix_A_24-11-2016.pdf) within a restricted time limit via post. Different types of businesses will be required to provide different documentary evidence. As a general rule, you must provide sufficient evidence to demonstrate that you run a legitimate and genuine business. You will be expected to provide evidence that your company is registered with the applicable and necessary regulatory bodies. You will further be expected to provide documents such as Employer’s Liability Insurance cover, proof of VAT registration, financial accounts of the company, and numerous documents depending on the type of business that you run. ## Using Legal Representation to Apply for a Tier 2 Sponsor Licence Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 Sponsor licence application. A Sponsor Licence application can be complicated at times as the Home Office have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the Sponsor Licence process. We ensure that we assist you to achieve and maintain an A-rated Sponsor status and provide ongoing compliance checks to ensure you are aware of your duties as a registered Sponsor. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 2 Sponsor Licence Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Retained Right of Residence and Divorce Source: https://immigrationandvisasolicitors.co.uk/retained-right-residence/ *The end of your marriage does not have to spell the end of your time in the UK. As the spouse or child of an EEA national, you could have retained right of residence that will allow you to continue to live, work and study here, no matter what the future holds.* ## What is Retained Right of Residence? Retained right of residence is designed to allow the spouse and certain family members of an EEA national to remain in the United Kingdom even if their marriage has ended, or if that EEA national passes away. This ensures that a non-EEA national who has established a life in the United Kingdom does not have to leave the country - should they be able to meet the requirements. One of the key elements to obtaining retained rights of residence is your relationship with the EEA national. Should you be the family member of an EEA national who has either a permanent right of residence in the UK, or was a qualified person (meaning a worker, student, self-employed person, self-sufficient person or a job seeker) exercising their treaty rights in the United Kingdom, you are able to apply for an EEA family permit. If this is the case, then it is possible that you are eligible for retained rights of residence should that relationship end. ## Retained Right of Residence and Divorce If you are the spouse of an EEA national resident exercising their treaty rights in the United Kingdom and your marriage is beginning to fail, until you are issued with a Decree Absolute at the dissolution of your marriage you will still be under the family member route and have right of residence. However, if your EEA national spouse is not exercising their treaty rights, then your visa or permit will be in jeopardy, and you will need to make an urgent assessment of your right of residence. There will be a period from when your divorce proceedings begin to when the Decree Absolute is issued which could prove problematic. You will need to ensure that you have Comprehensive Sickness Insurance, as this is stated in the Immigration Regulations. Further, you will need to ensure that your spouse is continuing to exercise their treaty rights as a qualified person. It is often challenging to obtain evidence that the EEA national was exercising treaty rights at the date of the Decree Absolute once the divorce proceedings have concluded. In order to prevent this, it is important that preparation is done before the divorce proceedings have concluded to ensure that all necessary evidence in support of the retained right of residence application is obtained. ## Using Legal Representation to Apply for Retained Right of Residence Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Retained Right of Residence application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Retained Right of Residence Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # MM Majid Javed v Secretary of State: Supreme Court decides that the Secretary of State needs to change the Minimum Income Requirement for Spouse Visa Source: https://immigrationandvisasolicitors.co.uk/supreme-court-ruling-mm-majid-javed/ *A new ruling of the Supreme Court has been given today in the case of MM Majid Javed v Secretary of State for the Home Department. The judgement provided further clarifications on the application of the Minimum Income Requirement present at £18,600 per annum in Spouse visa application. The Supreme Court has decided that the Immigration Rules themselves are not unlawful but the Secretary of State application of the rules is inconsistent and needs to be addressed immediately. The Supreme Court has left it to the Secretary of State’s discretion as to whether she would amend the Immigration Rules themselves or the Home Office Guidance on how the Immigration Rules are applied. * ## MM Majid Javed v Secretary of State: Summary of Case The case was heard by the [High Court (Administrative Court) ](https://www.judiciary.gov.uk/you-and-the-judiciary/going-to-court/high-court/queens-bench-division/courts-of-the-queens-bench-division/administrative-court/)on 5 July 2013.  The claimants in the application were a refugee from Lebanon (MM) and two British citizens resident in the Birmingham area (Mr Majid and Ms Javed). The claimants contended that the financial requirements under Appendix FM of the [Immigration Rules](https://www.gov.uk/guidance/immigration-rules) that came into force in July 2012 were unlawful on various grounds notably discrimination and interference with the right to respect for private life. The court concluded that the rules were not unlawful on the basis of their discriminatory impact alone, nor were they unlawful because of a conflict with the statutory duty to have regards to the best interest of children affected by immigration decision making. Further the rules should not be quashed, the claim related only to British citizens and refugees, and the rules might represent a valid balance between the competing interests when applied to foreign nationals who had voluntarily re-located to the UK. The court concluded that taking the Minimum Income Requirement (MIR) of £18,600 per annum along with one or more of four other requirements of the rules would amount to a disproportionate interference with family life. In particular, the Honourable Mr Justice Blake held that: “I conclude that this measure is disproportionate when applied to British citizens and recognised refugees. In particular, it is more intrusive in its restrictions on family life to ensure that couples are self sufficient at the time of the spouse’s first admission”. The Court rejected the submission that the effect of these measures was sufficiently mitigated by the exercise of discretion in the Secretary of State to authorise departure from the rules in exceptional cases. ## Supreme Court Decision on MM Majid Javed v Secretary of State – Supreme Court invites changes to the Immigration Rules The Supreme Court on MM Majid Javed v Secretary of State today decided that the MIR of £18,600 per annum under the Immigration Rules were not themselves unlawful and were not open to challenge as they were within the Secretary of State’s wide margin of appreciation. However, the [Supreme Court](https://www.supremecourt.uk/) declared that the Immigration Rules fail unlawfully to give effect to the duty of the Secretary of State in respect of the welfare of children and that the instructions by the Secretary of State to entry clearance officers would require revision to ensure that the decisions made by them are consistent with their duties under the Human Rights Act 1998. The Supreme Court invites the Secretary of State to consider whether it would be more efficient to revise the rules themselves, to indicate the circumstances in which alternative sources of funding should or might be taken into account, rather than simply to revise the guidance. The full Supreme Court judgement can be found at: [MM Majid Javed Supreme Court Judgment LEXVISA Immigration Lawyers London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/02/MM-Majid-Javed-Supreme-Court-Judgment-LEXVISA-Immigration-Lawyers-London.pdf). ## What does the MM Majid Javed ruling mean for future Spouse Visa applications? The High Court ruling on MM Majid Javed v Secretary of State had caused controversy and uncertainty on the impact of the MIR in Spouse visa applications by British citizens and refugees. The Supreme Court ruling has dismissed the substantive claim by the Claimant that the Immigration Rules were unlawful and disproportionately infringed on their Article 8 ECHR rights. Instead, the Supreme Court has criticised the inconsistency in which the Secretary of State has applied the Immigration Rules and has invited the Secretary of State to revise the Immigration Rules so that it is clear to both the applicants and the decision makers what the Immigration Rules are, how they should be applied and under what exceptional circumstances can the Secretary of State exercise their discretion when certain requirements are not met. The effect of the Supreme Court ruling would mean that the MIR of £18,600 per annum remains as a requirement for a successful Spouse visa application. However, changes are likely to be made to the Home Office policy and guidance to ensure that decisions made are consistent and that in circumstances where the evidential requirements cannot be met, clear guidance is given to the Home Office caseworkers and entry clearance officers as to their discretion to consider other ways in which the applicant can satisfy the MIR for a successful Spouse visa application. ## Using Legal Representations to make a Spouse Visa Application  Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Spouse Visa application. A Spouse Visa application can be complicated at times as the Home Office have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the Spouse Visa process. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## How to make a successful Spouse Visa Application To make a successful Spouse Visa application you must meet the Home Office’s requirements, we have previously written about the [stringent requirements](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/). It is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any visa and immigration application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements. A common question we often come across is regarding the financial requirements. The financial requirements may be satisfied through various different avenues such as salaried employment, self-employment or cash savings. You may wish to contact us if you have any questions regarding any of the requirements. ## Advice from LEXVISA UK Immigration Solicitors on Submitting a successful Spouse Visa Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK Spouse Visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa and immigration application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. --- # Indefinite Leave to Remain is not as Indefinite as You May Think Source: https://immigrationandvisasolicitors.co.uk/indefinite-leave-remain/ *The recent case of Singaporean national Irene Clennell - who was granted Indefinite Leave to Remain but who was removed after a period of absence from the United Kingdom – has highlighted the immigration pitfalls that still exist even for those with Indefinite Leave to Remain.* ## What Happened to Irene Clennell's Immigration Status in the UK? Irene Clennell is a Singaporean national who has been married to her British husband, John, for 27 years. The couple settled in County Durham in the north of England, had two children together, and Irene was granted Indefinite Leave to Remain. Her parents in Singapore became ill, however, and she needed to spend time attending to them. According to media accounts, after spending lengthy periods of time outside of the United Kingdom, Irene’s Indefinite Leave to Remain expired, and she was required to enter on visitor visas. After her final visitor visa expired, she was deemed to be unlawfully resident in the United Kingdom, sent to an immigration detention centre in January, and ultimately removed to Singapore. ## What is the problem with Indefinite Leave to Remain? Despite what the name suggests, Indefinite Leave to Remain does not grant unrestricted access to living in the United Kingdom, and there are limitations to the time that can spent outside of the United Kingdom. Article 13(4)(a) of the Immigration (Leave to Enter and Remain) Order 2000 (SI 2000/1161) states that the Indefinite Leave to Remain will lapse if the holder has been outside of the United Kingdom ‘for a continuous period of more than two years.’ It appears that this is what happened in the case Irene Clennell. Once her Indefinite Leave to Remain lapsed due to her absences, she was required to enter the United Kingdom with a different category of leave. ## What can I do if I have Indefinite Leave to Remain but need to leave the United Kingdom for more than two years? Though it might not be practical to do so, entering the United Kingdom for even one day will restart the two year period, ensuring that your Indefinite Leave to Remain does not lapse. If this is not possible, and it is necessary to be absent from the United Kingdom for a continuous period of more than two years, there are other options open. Another option, but perhaps the riskier one, is that under paragraph 19 of the Immigration Rules,  someone who has been absent from the United Kingdom for longer than two years ‘*may* nevertheless be admitted’ [emphasis added] if he has lived here for most of his life. However, this is reliant on the discretion of the immigration officer and given the Government’s fixation on reducing net migration, relying on the discretion of the immigration officer may not be the best recourse of action. ## Using Legal Representation to Apply for an Indefinite Leave to Remain Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an Indefinite Leave to Remain application. Caseworkers at the [Home Office](https://www.gov.uk/government/organisations/home-office) are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Indefinite Leave to Remain Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Hesham Ali v Secretary of State for the Home Department: Supreme Court finds that the public interest outweighs Article 8 private and family life in Deportation cases Source: https://immigrationandvisasolicitors.co.uk/supreme-court-ruling-hesham-ali/ *The Supreme Court delivered another significant judgement in the appeal concerning Hesham Ali v Secretary of State for the Home Department [2016] UKSC 60. The appeals tackled the issue of whether foreign criminals subject to a deportation order can rely on their Article 8 ECHR rights to challenge the Deportation Order made against them. The Supreme Court held that, unless exceptional and compelling reasons are shown, the public interest in favour of deporting foreign criminals outweighs their private and family life under Article 8 ECHR.  * ## Hesham Ali v SSHD: Summary of Case This case concerned a challenge to a deportation order made in respect of the Appellant, an Iraqi national, following his unlawful entry into the UK, his failed asylum claim, and his conviction for Class A and C drug possession with intent to supply for which he was imprisoned for four years. The Appellant appealed to the First-tier Tribunal but his appeal was dismissed. The Appellant further appealed to the Upper Tribunal, which set aside the First-tier Tribunal’s decision and allowed the appeal under Article 8 ECHR. The Secretary of State appealed the Upper Tribunal’s decision to the Court of Appeal, which allowed the appeal and remitted the matter to the Upper Tribunal. The Appellant then appealed the matter further to the Supreme Court. ## Supreme Court Decision on Hesham Ali v SSHD – Supreme Court upholds Court of Appeal decision By a majority of 6 to 1, the Supreme Court in Hesham Ali v SSHD dismissed the appellant’s appeal, holding that the Immigration Rules were a relevant and important consideration which should have been taken into account when assessing the proportionality of the interference with the Appellant’s Article 8 ECHR rights. Therefore, the Supreme Court held that there is a presumption in favour of deportation of foreign criminals in the public interest and that only exceptional and compelling reasons in the alternative, which were not found in this case, could outweigh the public interest in the offender’s deportation over the countervailing considerations of private or family life where there has been a custodial sentence of four years or more. The full Supreme Court judgement can be found at: [Hesham Ali v SSHD LEXVISA Immigration Solicitors London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/03/Hesham-Ali-v-SSHD-LEXVISA-Immigration-Solicitors-London.pdf). ## What does the Hesham Ali v SSHD ruling mean for challenging Deportation Orders? The Supreme Court ruling in Hesham Ali v SSHD makes it abundantly clear that in the most serious criminal history, where the individual has been handed a sentence of four year or more, it is more likely than not that the public interest in deporting the individual outweighs any Article 8 ECHR private and family life that the individual may be said to have in the UK. It is only in the most exceptional circumstances that countervailing consideration of private and family life under Article 8 ECHR could successfully challenge a Deportation Order and have it withdrawn. In respect of lesser serious offences, where the sentences is less than four years, the proportionality exercise and the balancing assessment between the public interest and private and family life under Article 8 ECHR is less stringent and on a proper assessment of the individual’s private and family life under Article 8 ECHR can successfully challenge a Deportation Order. ## Using Legal Representations to challenge a Deportation Order Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a successful challenge to a Deportation Order. Such applications can be complicated at times as the Home Office have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the process. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Advice from LEXVISA UK Immigration Solicitors on successfully challenging a Deportation Order [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa and immigration application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.   --- # Article 50 Vote by the House of Lords Favours Protecting EU Nationals in the UK Source: https://immigrationandvisasolicitors.co.uk/article-50-vote/ *The House of Lords Article 50 vote went in favour of protecting the rights of EU nationals living in the UK. The House of Lords voted to amend the Government’s [Article 50 bill](https://web.archive.org/web/20170210104756/https://immigrationandvisasolicitors.co.uk/brexit-news-article-50-bill-passes/), showing that the Lords believe the rights of EU nationals after Brexit is an issue that needs to be sorted out as soon as possible.* ## What was the House of Lords Article 50 Vote about? After the Brexit referendum in June of 2016, the Government imposed an end of March deadline to pass the Article 50 bill that will start the United Kingdom’s withdrawal from the EU. The [draft of the Article 50](https://www.gov.uk/government/news/article-50-bill-process-begins) bill passed through the House of Commons without any amendments, despite the bill not offering any guarantee of the rights of EU nationals currently living in the United Kingdom. The House of Lords Article 50 vote was in favour of making amendments in order to protect the rights of EU nationals in the United Kingdom. Despite Government protestations to the contrary, it seems that the House of Lords took a dim view of the lack of protection the draft Article 50 bill afforded to EU nationals living in the United Kingdom. Whilst the Government is adamant that they are concerned for the rights of EU nationals, the lack of protection in the Article 50 bill was telling; the House of Lords Article 50 vote shows EU nationals living in the United Kingdom are an issue the Lords consider to be of greater importance than does the Government. ## What will be the impact of the House of Lords Article 50 Vote on the immigration status of EU nationals living in the UK? The House of Lords Article 50 vote to guarantee the rights of EU nationals living in the United Kingdom was passed by 358 to 256. The next stage will be for the bill to return to the House of Commons, where it is possible that the amendments will be removed. The Government knew that the House of Lords Article 50 vote was likely to go against them, though in their view they felt it was best not to guarantee the rights of EU nationals living here before those of United Kingdom nationals living in the EU are themselves guaranteed. This is the negotiating strategy the Government has taken, and means that the uncertainty regarding the status of EU nationals living in the United Kingdom is likely to continue. Whether the Government is able to meet their self-imposed deadline of March remains to be seen, but the House of Lords Article 50 vote illustrates that the rights of EU nationals remains an issue, one that the House of Lords is making a priority – and that they trying to pressure the Government into making it a priority also.  For EU nationals currently living in the United Kingdom, this uncertainty means that [confirming your status to live and work here](https://immigrationandvisasolicitors.co.uk/permanent-residence-non-eea-family/) should be seen as a point of urgency. ## Using Legal Representation to Apply for Permanent Residence or EEA Family Permit Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a [Permanent Residence](https://immigrationandvisasolicitors.co.uk/uk-permanent-residence-application/) or [EEA Family Permit](https://web.archive.org/web/20161229234146/https://immigrationandvisasolicitors.co.uk/uk-visa-success-story-eea-family-permit-granted/) application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Permanent Residence and EEA Family Permit Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Naturalisation Applications for EEA Nationals Source: https://immigrationandvisasolicitors.co.uk/uk-naturalisation-eea-nationals/ *We have recently written about the brilliant news that one of our clients had been granted** a [Permanent residence](https://immigrationandvisasolicitors.co.uk/uk-permanent-residence-application/)  document. Our client had resided and exercised her Treaty Rights in the UK for over eight years and in the light of Brexit, she decided to instruct our immigration solicitors to submit an application to the Home Office. The Applicant received the wonderful news after 3 months from submitting the online application and wishes to apply for Naturalisation.* ## Eligibility for Naturalisation for EEA Nationals There are a number of requirements that one has to fulfill in order to make a successful application for British citizenship: - You must be 18 or over; - You must be of sound mind and have good character; - You must intend on making the UK your place of home; - You must have sufficient knowledge of English Language & Sufficient knowledge of life in the UK; and - You must meet the residency requirements. European Economic Area (EEA) nationals wishing to apply for Naturalisation must have Permanent Residence status for the last 12 months before submission of their application for Naturalisation. They will need to provide a Permanent Residence document confirming their right. In cases where an applicant has resided in the UK in accordance with the EEA regulations for a period exceeding 6 years, the applicant is eligible to apply for Naturalisation soon after receiving the Permanent Residence document. Those wishing to apply for Naturalisation should consult with a member of our expert immigration team so we can consider the eligibility criteria and explore whether among other requirements, they meet the good character and residency requirements. ## Eligibility for a Permanent Residence Document In the United Kingdom, the current immigration rules governing a right of Permanent Residence fall under Regulation 15 of the Immigration (European Economic Area) Regulations 2006 (EEA Regulations). Regulation 18 of the EEA Regulations governs the documents which can be held as evidence of a right of Permanent Residence. You can apply for a Permanent Residence document after living in the UK for 5 years. This will prove your right to live in the UK permanently. In order to qualify for Permanent Residence you would need to be exercising your Treaty Rights as a worker, self-employed, self-sufficient, job-seeker or a student. EEA nationals who are able to evidence the above may wish to apply for a document which certifies their Permanent Residence. Family members of EEA nationals who have held an EEA Residence Card for 5 years may also wish to apply for an EEA Permanent Residence Card if they can demonstrate their EEA national family member was exercising their Treaty Rights during their stay in the UK. ## The Case for Application for Naturalisation after receiving a Permanent Residence Document Our client has resided and exercised her Treaty Rights in the UK for over 8 years. She is an Eastern European national and decided to instruct the firm to submit an application for her Permanent Residence document. We were informed that the Applicant felt unsure about her future status in the UK as a result of 23 June 2016 Brexit referendum and therefore wanted to apply for a document certifying her Permanent Residence and Naturalisation thereafter. After speaking to our expert solicitors and receiving the comfort that our solicitors often assist clients in similar situations to her, the Applicant instructed us to prepare and submit her application. Our solicitors were very happy to receive a decision within 3 months where in normal circumstances the minimum processing time is 6 months or longer due to the large influx of cases that have been filed with the Home Office due to [Brexit](https://web.archive.org/web/20170210104756/https://immigrationandvisasolicitors.co.uk/brexit-news-article-50-bill-passes/). Our client will submit the document certifying her Permanent Residence with her Naturalisation application. ## How to make a successful Application for Naturalisation? To make a successful Naturalisation application you must meet the Home Office's requirements, we have previously written about the stringent[ requirements](https://web.archive.org/web/20161107000903/https://immigrationandvisasolicitors.co.uk/immigration-updates-new-online-permanent-residence-european-passport-return-service/) for Permanent Residence applications and about[ disclosure of previous criminal convictions.](https://immigrationandvisasolicitors.co.uk/uk-naturalisation-application-disclosure-convictions/)  It is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any visa and immigration application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements. A common question we often come across is regarding the documents which have to be submitted as evidence of residence and meeting the Good Character requirement. You may wish to contact us if you have any questions regarding any of the requirements for permanent residence and Naturalisation applications. ## Advice from UK Immigration Solicitors on Submitting a successful Application for Naturalisation [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Naturalisation application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa and immigration application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. --- # Agyarko Ikuga v Secretary of State for the Home Department: Supreme Court maintains high threshold in meeting the Insurmountable Obstacles test Source: https://immigrationandvisasolicitors.co.uk/supreme-court-ruling-agyarko-ikuga/ *On a day where the Supreme Court upheld the Minimum Income Requirement of £18,600 for family member applications, finding the Immigration Rules not to be unlawful. The Supreme Court yesterday also delivered another significant judgement in the conjoined appeals concerning Agyarko Ikuga v Secretary of State for the Home Department **[2017] UKSC 11. The appeals tackled the issue of whether foreign nationals who have been residing in the UK unlawfully can submit a Human Rights Application to regularise their status in the UK on the basis of their Article 8 ECHR rights. The Supreme Court held that in conducting the Proportionality Exercise, a Human Rights Application would need to satisfy the high threshold in meeting the Insurmountable Obstacles test.  * ## Agyarko Ikuga v Secretary of State for the Home Department: Summary of Case In this particular appeal, the Supreme Court was invited to clarify whether foreign nationals residing in the UK without lawful immigration status can submit an application to regularise their status outside the Immigration Rules on the basis of their [Article 8 ECHR rights](http://www.legislation.gov.uk/ukpga/1998/42/schedule/1/part/I/chapter/7). The Secretary of State had previously concluded that the both Appellants (Mrs Agyarko and Mrs Ikuga) did not qualify for leave to remain under the Immigration rules. The appeal concerned two women who had initially entered the UK on visitor visas and remained in the UK once their visas had expired. Following the expiry of their visas, both women had developed relationships with British Citizens whilst their immigration status was precarious and applied for leave to remain outside the Immigration Rules on the basis of their Article 8 ECHR rights. The basis of their argument was that they had established a private life in the UK and developed strong social ties. The Court of Appeal dismissing the appeals held that the applications did not raise any exceptional circumstances which may warrant the grant of leave to remain in either case. ## Supreme Court Decision on Agyarko Ikuga v Secretary of State – Supreme Court upholds Court of Appeal decision and maintains high threshold in meeting the Insurmountable Obstacles test The Supreme Court yesterday on Agyarko Ikuga v Secretary of State held that whilst it was accepted that the Appellants (Mrs Agyarko and Mrs Ikuga) had provided some evidence of exceptional circumstances preventing the couples from continuing their family life outside the UK. However, such evidence was not sufficient as the Supreme Court decided that the evidence before them in these cases did not satisfy the high threshold in meeting the Insurmountable Obstacles test preventing the couples' continuing their family life outside the UK. The Supreme Court adopted the Lord Justice Sales' decision that the factors relied upon were not strong enough to persuade a decision maker to grant the application on insurmountable obstacles alone. The Supreme court reminded everyone that the definition of "insurmountable obstacles" is as follows: > “Very significant difficulties which would be faced by the applicant or their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the applicant or their partner.” The full Supreme Court judgement can be found at: [Agyarko Ikuga v SSHD LEXVISA Immigration Solicitors London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/02/Agyarko-Ikuga-v-SSHD-LEXVISA-Immigration-Solicitors-London.pdf) . ## What does the Agyarko Ikuga v Secretary of State for the Home Department ruling mean for a Human Rights Application? The judgement does not rule out the prospect of submitting Human Rights applications for people who have been residing in the UK unlawfully but the Supreme Court has made it clear that applications which rely upon Article 8 ECHR outside the Immigration Rules will only be granted exceptionally where it is clear that the high threshold under the Insurmountable Obstacles test has been met which would prevent the applicant from continuing her family life with her partner outside the UK. ## Using Legal Representations to make a Human Rights Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a successful application. Visa applications can be complicated at times as the Home Office have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the Visa process.This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Advice from LEXVISA UK Immigration Solicitors on Submitting a successful Human Rights Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa and immigration application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. --- # UK Immigration Overview for Long-term Work Visas in the UK- Part 1 of 2 Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-work-visas-uk/ *There are various routes available for non-EEA migrant workers who wish to [enter the UK to work](https://immigrationandvisasolicitors.co.uk/business-work-points-cos-employer-sponsor-licence-ukvi-pbs/). The most sought work related visas are under the Points Based System (PBS), in *particular,* the[ Tier 2 ](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/)and Tier 5 categories. *However,* there *are *alternative work visas available for non-EEA national migrant workers such as the Sole Representative visa and Permitted Paid Engagement Visa (PPE).  * ### Work visas under the Points Based System: Tier 2 work visas Since the introduction of the Point Based System, the former Work Permit visas have been replaced with the [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) and Tier 5 visa categories. The [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) Visa Category is for migrant workers who have been offered a skilled job in the UK. The important component of this visa is that the UK employer must be able to demonstrate that they attempted to fill the vacant position with settled workers in the UK but were unable to do so.   This particular category has been further divided into 4 sub-categories: - **Tier 2 General**: This is the most popular route for overseas workers in the UK. This route is for highly skilled workers who have been offered a job which is ranked higher ranked at a minimum NVQ level 6. - **Tier 2 Intra-Company Transfer (ICT)**: This route is for migrant workers who are offered a role in the UK branch of the organisation. This category is unique as it is divided into a further 4 categories; Short term staff, Long term staff, graduate trainee and Skills transfer. - **Tier 2 (Sportspersons)**: This route is for elite sportspeople and coaches you are internationally established and have made significant contribution to their particular sport. - **Tier 2 (Minister of Religion)**: This route is for migrant workers who are offered a job within a particular faith or religious organisation i.e. Imams, priests amongst others. To apply for any of the abovementioned Tier 2 Visas you must have a job offer from a UK employer who holds a valid Sponsor License and they must assign you a Certificate of Sponsorship (CoS) assigned to you. In addition to this, you must also meet the maintenance and English language requirement. ### Work visas under the Points Based System: Tier 5 Youth Mobility Scheme This particular route is for young migrant workers (aged 18 to 30) who wish to work and travel in the United Kingdom. The [Tier 5 Youth Mobility Scheme](https://immigrationandvisasolicitors.co.uk/tier-5-temporary-workers-yms/) is open to nationals of a specific category of countries as well if you are a British overseas citizen, British overseas territories citizen or if you are a British national (overseas).  To apply for a Tier 5 Youth Mobility Visa you must obtain 50 points under the PBS. You will be awarded 30 points for nationality, 10 points for age and 10 points for maintenance.  This route is also available for citizens of Hong Kong and the Republic of Korea. ### Working in the UK under the Sole Representative of Overseas Business Visa A [Sole Representative](https://web.archive.org/web/20161017121814/http://immigrationandvisasolicitors.co.uk:80/sole-representative-visa-uk-immigration-law/) Visa allows overseas businesses to set up a part of their business in the UK and to send workers to the UK on behalf of the overseas business.  To apply for a Sole Representative visa you must apply from outside the EEA and be able to demonstrate you meet the requirements. The important point to consider is that you will only be granted a Sole Representative if you can demonstrate that you have been recruited and employed outside the UK by a business who has registered that their principal place of business is outside the UK. ## ### Work Visas for Turkish Workers and Croatian Nationals Turkish nationals can apply for a Turkish Worker visa if they can demonstrate that they have legally worked in the UK for at least 1 year as; a spouse of a British National or settled person or they currently hold a valid work permit or if they have worked as a student. Croatia joined the European Union on 1 July 2013 and since then Croatian nationals can enter the UK for up to 3 months without any restrictions. Following the first 3 months, they may be eligible for yellow, purple or blue registration certificate which will give them immigration status as worker, self-employed or self-sufficient. ### Using Legal Representation to apply for a UK Long-term Work Visa Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit a UK worker Visa application or an application for Leave to Remain as a UK Worker. Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ### Successful UK Long-term Work Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Business Visa – Start a Business in the UK Source: https://immigrationandvisasolicitors.co.uk/business-visa/ *It is possible to start a business in the UK by [establishing your own business](https://web.archive.org/web/20190320155613/https://immigrationandvisasolicitors.co.uk/uk-tier-1-entrepreneur-visa-application/) or by working at an existing business. If you are an entrepreneur, or you have a business idea, you can apply for a business visa to establish your own company. Similarly, Turkish and Croatian nationals are able to apply for a business visa that will show they are eligible to start a business in the UK.* ## Start a Business in the UK as a Tier 1 Entrepreneur As its name suggests, the [Tier 1 Entrepreneur visa](https://immigrationandvisasolicitors.co.uk/apply-tier-1-investor-entrepreneur/) is a type of business visa for those who wish to start a business in the UK. In order to do so, the applicant will need to have access to £200,000 to invest in that business. This can be their own money, or it can be made available by a third party such as a relative or friend. To obtain this business visa, the applicant will also need to submit a business plan with their application, showing not only their business idea, but also their market research, the projected costs of their business and plans for growth, which might be tested in an interview called the *genuine entrepreneur test*. Once the applicant has been awarded a Tier 1 Entrepreneur visa, they can stay in the UK for 3 years and 4 months. It is also possible for two people to apply for this business visa to start a business in the UK as part of an entrepreneurial team. Applicants on this route will still need access to £200,000, but the team members can share the same funds. The same requirements will also need to be satisfied, but the financial requirement will be more manageable split between two people. For applicants who are not as interested in the hands-on running of a business, the Tier 1 Entrepreneur route also allows applicants to invest £200,000 in a pre-existing UK business. ## Start a Business in the UK as a Turkish Businessperson Turkish nationals who want to start a business in the UK are able to do so by applying for a [Turkish Businessperson visa](https://web.archive.org/web/20170114012951/https://immigrationandvisasolicitors.co.uk/turkish-business-person-visa-uk-ankara/). This business visa will also allow Turkish nationals to join an existing business – so long as they have an active part in the running of that business. When applying for this business visa, Turkish nationals who want to start a business in the UK must demonstrate that they want to set up a viable business, and that they have the enough funds to establish that business. The applicant must also demonstrate that they have are able to pay costs of running the business, and that the profits they make will be enough to support both them and their family without needing another job. A Turkish Businessperson can also join an existing company or partnership so long as they play an active part in running the business, and that there is a genuine need at that business for the Turkish Businessperson’s services and investment. ## Start a Business in the UK as a Croatian National with a Yellow Registration Certificate Croatia joined the EU on 1 July 2013, and will be subject to transitional measures until 2020, meaning that Croatian nationals in the UK are subject to a worker authorization scheme. As such, whilst Croatian nationals do not require permission or a business visa to work in the UK, it is often necessary to obtain proof that they are eligible to do so. For Croatian nationals who want to be self-employed or start a business in the UK, this can be done by applying for a [Yellow Registration Certificate](https://web.archive.org/web/20161212210308/https://immigrationandvisasolicitors.co.uk/registration-certificate-croatian-nationals/). This document will prove the right of the Croatian national to be self-employed, and will register them with the UK government. ## Using Legal Representation to Apply for Tier 1 Entrepreneur, Turkish Businessperson and Croatian Yellow Registration Certificate Business Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 1 Entrepreneur, Turkish Businessperson or Croatian Yellow Registration Certificate business visas application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 1 Entrepreneur, Turkish Businessperson and Yellow Registration Certificate Business Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Tier 1 Accelerated Settlement (Indefinite Leave to Remain) for Investors and Entrepreneurs Source: https://immigrationandvisasolicitors.co.uk/tier-1-accelerated-settlement/ *[Tier 1 Investors](https://www.gov.uk/tier-1-investor/overview)  and [Tier 1 Entrepreneurs](https://www.gov.uk/tier-1-entrepreneur/overview) present in the UK can apply for accelerated settlement (also known as Indefinite Leave to Remain). The available routes include 2-years, 3-years and 5-years options for Investors and 3-years and 5-years options for Entrepreneurs: who are high net worth individuals investing significant amounts of money in the UK. ** In order for your application to be successful, you must satisfy certain requirements and different criteria may apply depending on whether you have invested funds of £50,000,  £200,000 (Tier 1 Entrepreneur) or £2,000,000 (Tier 1 Investor). Our experienced solicitors will guide you through the main differences between these two routes and will help you decide what is the best option for you.* ## Tier 1 Investor Visa: Accelerated Settlement (Indefinite Leave to Remain) Investors who have invested in the UK at least £2,000,000 may be eligible to apply for settlement status (Indefinite Leave to Remain) in the UK once they have reached five years continuous leave in the UK under the route. Investors wishing to apply for settlement will have to make sure they do not exceed 180 days absence from the UK during each 12 months of the continuous period. This would include any absences irrespective of their reasons. The applicants’ absence exceeding the period of 180 days in 12 months would break the continuous period and the applicants will need to start the qualifying period again. It is very important to make sure, you do not exceed the allowed absences, as the Home Office will not hesitate to refuse an application where an Applicant has been absent for more than 180 days in any one year of the continuous period. The UK government has acknowledged the importance of welcoming foreign business people into the UK and in response has introduced an accelerated settlement route. This accelerated settlement route encourages non-EEA business people to invest in the UK and potentially apply for Indefinite Leave to Remain after 2 or 3 years depending on their investments. The applicants would must have invested the funds by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies. The applicants will be eligible to apply for accelerated settlement: - After 2 years if they can demonstrate that they have invested £10,000,000 - After 3 years if they can demonstrate that they have invested £5,000,000 ## Tier 1 Entrepreneur Visa: Accelerated Settlement (Indefinite Leave to Remain) Entrepreneurs who have invested in the UK may be eligible to apply for settlement status (Indefinite Leave to Remain) in the UK, after 5 years of continuous leave in the UK. Entrepreneurs who wish to qualify for leave to remain must satisfy paragraph [245DD of the Immigration rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system). Settlement under this route does not allow Applicants to combine their Tier 1 (Entrepreneur) leave with any of the other categories. Applicants are free to travel under the Tier 1 Entrepreneuer route but should note the Home Office’s unforgiving rules in respect of absences from the UK during each of the 12 months of the continuous period.  The Home Office will not hesitate to refuse an application where an Applicant has been absent for more than 180 days in any one year of the continuous period. There is an option for Accelerated Settlement for those who wish to settle after 3 years and meet the requirements. An applicant who sets up a new business can qualify for accelerated settlement if they can show that their business has had a minimum income of £5 million directly from their business in the first 3 years of their Tier 1 (Entrepreneur) visa. The Accelerated Settlement may also be exercised by applicants who have taken over an existing business, they must show an increase of £5 million in the gross income as a result of business activity. In the alternative, the Applicant can also apply for accelerated settlement if they have created the equivalent of 10 new full-time jobs for persons settled in the UK or have taken over a business and have resulted in a net increase of employment provided by the business for persons settled in the UK creating the equivalent of 10 new full-time jobs. ## Using Legal Representation to Apply for Tier 1 Investor and Tier 1 Entrepreneur Accelerated Settlement Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit a Tier 1 Investor  or Tier 1 Entrepreneur Accelerated Settlement application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 1 Investor and Tier 1 Entrepreneur Accelerated Settlement Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Comprehensive Sickness Insurance in Permanent Residence Applications Source: https://immigrationandvisasolicitors.co.uk/comprehensive-sickness-insurance/ *Comprehensive Sickness Insurance is one of the Home Office requirements for Permanent Residence applications submitted by students, self-sufficient persons and their family members. Following our recent articles on the impact of Brexit on EU nationals currently residing in the UK, we have received a significant amount of enquiries regarding the Comprehensive Sickness Insurance. Our experienced solicitors will guide you through the process of applying for Permanent Residence and the requirement of having Comprehensive Sickness Insurance. * ## Comprehensive Sickness Insurance - What is it? Having a Comprehensive Sickness Insurance is one of the Home Office requirements for Permanent Residence applications submitted by students, self-sufficient persons and their family members.  If you are an EEA/ EU national or a family member of an EEA or EU national and you would wish to qualify for a right of Permanent Residence there are certain requirements which must be met as set out out by the UK immigration rules and the EEA regulations 2006. EU law gives a right of entry to the UK to any EEA citizen. However, only certain EEA citizens qualify for a right of Permanent Residence after 5 years of living in the UK and exercising Treaty Rights, which brings with it the right to be accompanied by family members, protection from removal from the UK and the right to apply for Naturalisation. The main categories of EEA citizens who qualify for a right of  Permanent Residence are: - Workers - Self employed persons - Self sufficient persons *with comprehensive sickness insurance* - Students *with comprehensive sickness insurance* As you can see, from above the Regulations require ‘self-sufficient’ EEA members and ‘student’ EEA members to have Comprehensive Sickness Insurance. The Regulations also require the family members of self-sufficient individuals and EEA students to have Comprehensive Sickness Insurance. ## How can EEA Nationals evidence Comprehensive Sickness Insurance Cover We previously written about a case called [Ahmad v Secretary of State for the Home Department](https://immigrationandvisasolicitors.co.uk/uk-immigration-case-ahmad-v-secretary-state-home-department/) decided in the Upper Tribunal (UT) which highlights the importance of having Comprehensive Sickness Insurance. The Judge at the Upper Tribunal dismissed the Appellant’s claim that because her EEA national partner paid money into NHS therefore that should have been sufficient to show Comprehensive Sickness Insurance. The case begs the question as to what counts as Comprehensive Sickness Insurance. An EEA national living in the UK is allowed to use the UK’s National Health Service (NHS). The Home Office has long argued that this does not count for the purposes of EU law as having comprehensive sickness insurance. So, we know from the [*Ahmad* ](https://immigrationandvisasolicitors.co.uk/uk-immigration-case-ahmad-v-secretary-state-home-department/) case above that access to the NHS does not count as Comprehensive Sickness Insurance. We have highlighted below two ways a self-sufficient or EEA national student and their family members may be able to satisfy this requirement: - Buying comprehensive private health insurance, which covers the EEA national and their family members. The Home Office guidance states that it must be “[full health insurance](https://www.gov.uk/family-permit/documents-you-must-provide)” cover. - An EEA national may also wish to rely on the European Health Insurance Card (EHIC) as evidence of comprehensive sickness insurance, however the guidance makes it clear that this is only if you make a declaration that you do not intend to stay in the UK permanently EEA nationals should seek professional advice if uncertain about whether they require  Comprehensive Sickness Insurance, to avoid the shock refusal of an application for permanent residence due to inadequate comprehensive sickness insurance. ## How to make a Successful Application for Permanent Residence? To make a successful Permanent Residence application you must meet the Home Office's requirements, we have previously written about the stringent [requirements](https://web.archive.org/web/20161107000903/https://immigrationandvisasolicitors.co.uk/immigration-updates-new-online-permanent-residence-european-passport-return-service/) for Permanent Residence applications. It is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any visa and immigration application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements. A common question we often come across is regarding the documents which have to be submitted as evidence of residence and meeting the Comprehensive Sickness Insurance requirement. You may wish to contact us if you have any questions regarding any of the requirements for Permanent Residence applications. ## Advice from UK Immigration Solicitors on Submitting a Successful Application for Permanent Residence [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Permanent Residence application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa and immigration application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. --- # Settlement Visa and EEA Family Permit Statistics Show a Sign of Things to Come Source: https://immigrationandvisasolicitors.co.uk/settlement-visa-eea-family-permits/ *The Government has released their final [immigration statistics](https://www.gov.uk/government/publications/immigration-statistics-october-to-december-2016/summary) for 2016, and what stands out is the decrease in the number of Settlement Visa grants to non-EEA nationals, as well as the post-Brexit rush of EEA nationals applying for EEA family permits.* ## Settlement Visa and EEA Family Permit Applications: a Tale of Two Categories The UK Government has released their final batch of 2016 immigration statistics, with the decrease in the number of Settlement Visas awarded during 2016 being the most notable change from 2015. A total of 59,009 Settlement Visa applicants were successful in 2016, which was 31,830 fewer than in 2015 - a drop of 35%. The largest fall was that of a Settlement Visa related to work, which fell by 41%, followed by family and then asylum. The number of [EEA Family Permits](https://web.archive.org/web/20161229234146/https://immigrationandvisasolicitors.co.uk/uk-visa-success-story-eea-family-permit-granted/) awarded increased, however from 30,302 in 2015 to 33,118 in 2016, an overall increase of 9%. This increase is part of an overall trend in the increase of permanent residence grants for dependents of EEA and Swiss nationals, which was treble the 2015 numbers; the 65,195 permanent residence grants during 2016 are the highest on record, and continue to grow. ## Why Do the Settlement Visas and EEA Family Permit Numbers Differ So Much? The fall in Settlement Visa numbers during 2016 can been apportioned to a tightening of the Immigration Rules, resulting in the requirements for that particular visa route becoming more stringent. As the Immigration Rules become stricter and the guidelines more opaque, it becomes more and more important to submit strong applications. Entry Clearance Officers are looking for almost any discrepancy on which to refuse an application, resulting in only the [most thoroughly prepared applications](https://immigrationandvisasolicitors.co.uk/uk-case-study-successful-settlement-application-as-spouse-of-british-national/) being granted a Settlement Visa. Post-Brexit, there has been a rush of EEA and Swiss nationals making applications to confirm their status in the United Kingdom. This has resulted in the sudden increase in awards of permanent residence documents for dependents, as well as the increase in EEA Family Permits being awarded. ## What does the future hold for Settlement Visa and EEA Family Permit Applications? Whilst the anti-immigration climate continues post-Brexit, it is not unreasonable to think that the trends revealed by the 2016 statistics will continue to rise. Even though EEA nationals may think that their cases are relatively straightforward, it is important to remember, however, that there is a backlog of over 95,000 applications for permanent residence documents made by EEA nationals alone. This means that, should you be considering an application for permanent residence or an EEA Family Permit, then you should act speedily. Those looking for apply for a Settlement Visa are likely to be the casualty of the Government’s attempts to control net migration figures. The rules are likely to become tighter, and the number of refusals will continue to increase. This means that a thorough application, demonstrating that you meet the requirements is vital. ## Using Legal Representation to Apply for a Settlement Visa or EEA Family Permit Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Settlement Visa or EEA Family Permit application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Settlement Visa and EEA Family Permit Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # Tier 2 Intra-Company Transfer Visa Applications Source: https://immigrationandvisasolicitors.co.uk/tier-2-intra-company-transfer-visa/ *Tier 2 Intra-Company Transfer Visa is an option for existing employees of multinational employers who need to be transferred to their UK branch for training purposes or to fill a specific vacancy that cannot be filled by settled or EEA workers either on a long or short term visits.* With current development in UK immigration laws, many business owners are eager to learn more about different options available in order to bring in international talents from outside the European Economic Area (EEA) to continue to meet business needs and growth. Multinational employers employing workers who need to be transferred to their UK branch for training purposes might be interested in Intra-Company Transfers. Our experienced solicitors can assist you in applying for a [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-sponsor-licence-uk/) Intra-Company Transfer Visa. ##  Tier 2 Intra-Company Transfer: What is it? Intra-Company Transfer route can be used by existing employees of a multinational employer who need to be transferred to their UK branch. The specific vacancy they are applying for cannot be filled by either a settled or an EEA worker on long term basis or short frequent visas. This route cannot be used by an employee of an overseas employer that is not linked by common ownership or control to the UK branch. ## Tier 2 Intra-Company Transfer: Categories The Tier 2 Intra-Company Transfer visa is designed to allow UK businesses who also acquire overseas offices to transfer key members of their team to the UK. This route has four subdivisions: short term, long term, graduate trainee or skills transfer route. It is important employers select the correct route as applicants will not be allowed to switch from the long term to the short term route. However, it is possible to switch from the short term to the long term route. For more information on how to submit a successful transfer application contact our expert team of solicitors. *There are currently 4 routes to enter the UK under the Tier 2 Intra-Company Transfer route*: - **Long-term**: Applicants who wish to enter the UK under this category must demonstrate that they have been employed by their overseas employer for a minimum of 12 months and will earn a minimum salary of £41,500. - **Short-term**: Applicants who wish to enter the UK under this category must also have been in ongoing employment with their overseas employer for a minimum period of 12 months and meet an increased threshold of £30,000. - **Graduate trainee**: This category is designed specifically for Applicants who wish to join a graduate program in the UK for a specialist role. Applicants must now meet a threshold of £23,000. - **Skills transfer**: This category allows overseas employees to enter the UK for training purposes. Unlike the other categories, Applicants are not required to be employed by the overseas employer for a specific period of time.  This category has been affected the most under the recent changes as this route closed on 24 November 2016. You can only apply if your Certificate of Sponsorship was assigned on or before 23 November 2016. Under the Tier 2 Intra-Company Transfer, it is important that the employer provides sufficient evidence demonstrating that the role cannot be filled by UK settled workers and that there is genuine need and vacancy for the role. ## Using Legal Representation to Apply for a Tier 2 Intra-Company Transfer Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 Intra-Company Transfer Visa application. A Tier 2 Intra-Company Transfer application can be complicated at times as the [Home Office](https://www.gov.uk/government/organisations/home-office) have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the Tier 2 Intra-Company Tranfer process. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 2 Intra-Company Transfer Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Tier 2 Sponsor Licence Rules for Employers: why is it so important? Source: https://immigrationandvisasolicitors.co.uk/tier-2-sponsor-licences-important/ *The need for employers to ensure that they comply with the rules for [Tier 2 Sponsor Licences](https://immigrationandvisasolicitors.co.uk/tier-2-sponsor-licence-uk/) has never been higher, as more and more small businesses are hit by fines that could have been easily avoided.* ## What can happen if you do not have a Tier 2 Sponsor Licence? For small business owners in particular, having to manage every element of your business can be onerous and time consuming. Interviewing prospective staff, performing reference checks and then training them through the on-boarding process will take up time that you might think is better spent on other parts of the business. Hiring staff or specialists from non-EEA countries, such as chefs who are highly skilled in their national cuisine for example, might cost you more than just time, however: if you do not have a [Tier 2 Sponsor Licence](https://web.archive.org/web/20161221003157/https://immigrationandvisasolicitors.co.uk/resident-labour-market-test/), you will have hired those non-EEA nationals illegally, and that will leave you liable for fines that could spell the end of your business. Home Office Immigration and Enforcement recently imposed a fine of £100,000 on an [Indian and Bangladeshi restaurant in Hampshire](https://web.archive.org/web/20190724023647/https://www.gov.uk/government/news/romsey-restaurateur-banned-for-employing-illegal-workers), which led to the insolvency of the company. This could have been avoided had the company researched Tier 2 Sponsor Licences. ## What to do if you do not have a Tier 2 Sponsor Licence – but need to employ foreign staff If you want to employ non-EEA nationals as staff in your company, you will need a Tier 2 Sponsor Licence to enable you to do so. You *must *obtain one before employing the non-EEA national, as you will otherwise receive a civil fine, and face being disqualified from acting as a director of a company and other punishments. There are a number of [requirements](https://web.archive.org/web/20190320133004/https://immigrationandvisasolicitors.co.uk/new-immigration-skills-charge-tier-2/) that your company must meet in order to be eligible for a Tier 2 Sponsor Licence, and you and your staff will also need to undergo suitability checks. If your company is relatively new, it is likely that you will face a compliance inspection from the Home Office, for which you will need to prepare. ## What to do if you do not have a Tier 2 Sponsor Licence - Right to Work Check If you don’t have a Tier 2 Sponsor Licence, you will need to make sure that you are not employing staff illegally, as you do not want to face very damaging fines and disqualification orders. To avoid this, and make sure you are complying with the regulations, businesses will need to carry out a [Right to Work Check](https://immigrationandvisasolicitors.co.uk/home-office-updates-right-work-checks-uk-employers/) to ensure that any potential employees are eligible to work in the UK. There are numerous documents that you will be required to check, and compliance with the Home Office rules is vital to ensure the safe future of your business. ## Using Legal Representation to Apply for a Tier 2 Sponsor Licence Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 Sponsor Licence application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 2 Sponsor Licence Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Home Office – Sponsor Licence Renewal and Compliance Checks Source: https://immigrationandvisasolicitors.co.uk/renew-sponsor-licence/ Since the introduction of the Point Based System (PBS) in November 2008, UK businesses are now required to obtain a [Sponsor Licence](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) before they can employ overseas migrant workers who are resident outside the European Economic Area [(EEA) ](https://www.gov.uk/eu-eea)jurisdiction. Businesses who have successfully acquired a Sponsor Licence should be mindful of the validity of their Sponsor Licence. A Sponsor Licence must be renewed every 4 years and employers should ensure they comply with their Sponsorship duties. **When and how should a business renew their Sponsor Licence?   ** A failure to renew your Sponsor Licence could have devastating effects for your business. All employees ([Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) and [Tier 5](https://immigrationandvisasolicitors.co.uk/tier-5-temporary-workers-yms/) workers) will no longer be able to continue to work for you in the UK as their visa will be curtailed. Unless they are able to find a new employer with a valid A-rated Sponsor Licence within 60 days. In addition to this, you will not be permitted to assign new Certificate of Sponsorships to new recruits and your licence will be revoked. Whilst your business may face no financial penalty for failing to renew its licence, it could have an adverse effect for future applications as the Home Office will be aware of your previous revocation and failure to comply. A typical Sponsor Licence is valid for 4 years from the date it is issued. A business can renew its Sponsor Licence up to 3 months before the expiry date. Employers should be actively keeping up to date with the status of their licence using the[ Sponsor Management System](https://www.points.homeoffice.gov.uk/gui-sms-jsf/home/SMS-003-Home.faces) (SMS). Employers who wish to renew their Sponsor Licence are required to submit an online application form using the SMS account. A failure to renew your Sponsor Licence will result in the Home Office carrying out an investigation which will ultimately result in your licence being revoked. If you do not wish to renew your licence then you can also opt to decline the invitation to renew using the SMS system. It is important to note that in some instances the Home Office may require new documentary evidence when you apply to have you Sponsor Licence renewed. In particular, businesses that fall under the Tier 2 (Sport) and Tier 5 (Creative and Sporting) categories. **Failure to Comply with Sponsorship Duties** Once your Sponsor Licence has been issued it is your responsibility to ensure you comply with your Sponsorship duties.  The Home Office are known to conduct unplanned compliance checks visiting businesses without notice. If during these checks the Home Office are not satisfied with their findings and discover there has been a breach in any of the Sponsorship duties, it is likely that your Sponsor Licence will be suspended or revoked. The Home Office has made it clear that they will not tolerate inattentive employers by ruling out the appeal process following a suspension or revocation of a licence. Examples of potential compliance issues that may arise are: - Failure to update the SMS system regularly; - Failure to notify the Home Office of changes in Sponsor’s circumstances such as change of address or contact details; - Employing foreign workers without a valid visa; and - Not issuing employee’s important documents such as employment contract and payslips. Our team of solicitors can assist businesses with their Sponsorship duties by regularly conducting mock audits and compliance checks protecting their "A-rated" Sponsor Licence. **What is the Sponsor Management System (SMS?)** The SMS is an online tool that allows businesses to manage its day to day activities such as assigning Certificates of Sponsorship (CoS) and Confirmation of Acceptance for studies (CAS). Businesses should use the SMS to; - Update employee details and to report changes; - Managing key personnel and licence details; - Reporting activities relating to your sponsored workers; and - Applying for Sponsor Licence renewals. **Using Legal Representation to Apply or Renew a Sponsor Licence** Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a successful Sponsor Licence. A Sponsor Licence application can be complicated at times as the [Home Office](https://web.archive.org/web/20190320133622/https://immigrationandvisasolicitors.co.uk/certificate-sponsorship-cos/) have imposed specific requirements for Applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the Sponsor Licence process. We ensure that we assist you to achieve and maintain an A-rated Sponsor status and provide ongoing compliance checks to ensure you are aware of your duties as a registered Sponsor. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. **Successful Sponsor Licence Applications** [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Immigration Overview for Short-term Work & Business Visas in the UK- Part 2 of 2 Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-short-term-work-visas/ *Continuing from our UK immigration overview for [long-term visas](https://immigrationandvisasolicitors.co.uk/uk-immigration-work-visas-uk/), we now move on to part 2 of 2 in which we outline various different short term work and business visas available. The short-term work and business visa best suited for you would essentially depend on the type of work or business you will plan on participating in. The two main type of short-term work and business visas are the [Standard Visitor](https://www.gov.uk/standard-visitor-visa/eligibility) visa, and the  Permitted Paid Engagement visa (PPE). However, there is another type of short-term work visa available, known as the Domestic Worker visa. Applications for short-term work visas can often be lengthy and complex, our team will be able to assist and guide you through your application to ensure that your application has the highest possibility to succeed.* ### Enter the UK as an expert in your profession under the Permitted Paid Engagement Visa (PPE) The [Permitted Paid Engagement](https://immigrationandvisasolicitors.co.uk/permitted-paid-engagement-visa/) (PPE) visa is best suited for working professionals who are considered experts in their field. This route is often used by academics who are invited to the UK to take part in paid work but do not wish to apply for a work visa under the Point Based System. This short-term work visa is only valid for a maximum of 30 days and you can only submit an application if you are from a country outside the EEA and have been invited by a UK based organisation or client.  If you are granted a PPE visa you can participate in the following permitted paid engagements: - As an academic you may give lectures or examine students; or - As an overseas designated pilot examiner you may come to the UK to assess UK based pilots as long as you are invited by an approved training organisation who is regulated by the UK Civil Aviation Authority; or - As a qualified lawyer you may come to the UK to provide advocacy for a court or tribunal hearing if you have been invited by a client; or - As a professional artist, entertainer or musician or sports person may come to the UK to carry out activities related to their profession. However, if you wish to enter the UK for a period longer than 30 days, you may way wish to consider using the Standard Visitor visa, on which you can enter the UK for a period of upto 6 months. ### Standard Visitor Visa- Participate in business activities The [Standard Visitor](https://web.archive.org/web/20190319122442/https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/) visa has replaced all the former categories of Visit visas.  You can apply for a Standard Visitor visa if you wish to take part in a particualr business-related activities. If you enter the UK on Standard Visitor visa for business related activities you can attend conferences, meetings or training seminars. However the Standard Visitor visa is not limited to these activities, you may engage in the following actives; - You may take part in specific sport related events; or - You may perform if you are an artist or musician; or - You may participate in academic research. However, you cannot participate in paid or unpaid work which is outside of the scope of your visa. Applicants will have no access to public funds. You can also use this short-term business visa route if you would like to enter the UK for up to 6 months for a holiday or leisure purposes. This route may also be available for Applicants who wish to undergo private medical care. To meet the requirements of Standard Visitor Visa: - You must be at least 18 years old. - You must plan to visit the UK for a maximum of 6 months and leave at the end of that period. - You must be able to show that you have enough money to support your stay in the UK and be able to accommodate yourself. It is essential that you submit adequate evidence demonstrating that you will leave the UK at the end of your visit and you intend on returning to your home country. ### Domestic Worker Visa in a Private Household Domestic workers can enter the UK with their employer on Domestic Worker visa. This particular short-term work visa allows domestic workers from outside the European Economic Area (EEA) and Switzerland to join their employers in the UK. The essential requirement for this short-term work visa is that you will need to demonstrate that you are a domestic worker and have worked for your employer in a private household for a minimum period of one year. To apply for a Domestic Worker visa you must plan to travel with your employer and also be able to show that you can show you are able to support yourself in the UK without access to public funds. ### Using Legal Representation to apply for a UK Short-term Work  and Business Visa Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit a UK worker Visa application or an application for Leave to Remain as a UK Worker. Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ### Successful UK Short-term Work and Business Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Tier 4 Sponsor Licence Applications and Compliance Source: https://immigrationandvisasolicitors.co.uk/tier-4-sponsor-licence/ *International students bring billions of pounds to the United Kingdom each year, and the UK remains an attractive study destination with highly-ranked universities and schools. In order to ensure that educational institutions continue to attract students from overseas, Tier 4 Sponsor Licence compliance is a vital step to take.* ## Who needs a Tier 4 Sponsor Licence? Any educational institution that wishes to attract and enrol students from non-EEA countries will need to apply for a Tier 4 Sponsor Licence. Holding a Tier 4 Sponsor Licence will give that institution the ability to issue Confirmation of Acceptance for Studies (CAS), and to ultimately sponsor Tier 4 visas. These visas are for students who have been accepted to study on long-term academic courses, such as at a university, embedded college or a school, but they can also be issued by English language schools for students who have been accepted to study English language on a course of over 11 months. Given the popularity of the UK as a study destination, as well as the continuing importance of English in a global market, successfully applying for a Tier 4 Sponsor Licence and being on the Government’s Register of Sponsors has a great deal of value. ## Tier 4 Sponsor Licence Application Making an application for a Tier 4 Sponsor Licence – as well as subsequent licence compliance – is more rigorous now than ever before. Previous abuse of the Tier 4 Sponsor Licence by bogus colleges has resulted in tighter rules and more robust inspections from the Home Office. The initial stage in making a Tier 4 Sponsor Licence application will entail meeting the requirements set out by the Home Office, in order to demonstrate that the educational institute meets certain quality standards, a requirement known as Educational Oversight. This is carried out through an inspection by an oversight body such as QAA, which will usually look at, amongst other aspects: academic standards and how teaching is carried out; the suitability of the premises for teaching; corporate governance; financial performance; and sustainability. There are other requirements that will be taken into consideration, but if an education institution is able to meet the initial requirements as set out by their oversight body, they will be on the road towards a successful Tier 4 Sponsor Licence application. ## Tier 4 Sponsor Licence Compliance In 2012, London Metropolitan University had their Tier 4 Sponsor Licence revoked as they had failed to comply with their sponsorship duties. Large numbers of international students were left facing an uncertain future, and the university suffered a great deal of financial and reputational damage. The fate of London Metropolitan University demonstrated the importance of Tier 4 Sponsor Licence compliance in the starkest of terms, as failure to comply with sponsorship duties will result in a revocation of the licence and a ban from re-applying. Tier 4 Sponsor Licence duties are manifold. It is necessary to maintain the Educational Oversight standards that were previously met, and to ensure that all students who have been sponsored on Tier 4 visas have a high level of attendance. Of perhaps greater importance is that students who have been issued a CAS in order to apply for a visa do not have that application refused; a certain level of visa refusals will result in a suspension of the Tier 4 Sponsor Licence. Compliance with sponsorship duties should always be viewed as an on-going process, but despite the duties a Tier 4 Sponsor Licence entails, the rewards of enrolling international students are great. ## Using Legal Representation to Apply for a Tier 4 Sponsor Licence Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 4 Sponsor Licence application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 4 Sponsor Licence Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Tier 4 Register of Sponsors – Apply for a Sponsor Licence for your Educational Institution Source: https://immigrationandvisasolicitors.co.uk/tier-4-register-sponsors/ *Tier 4 Register of Sponsors is a list of educational institutions licensed to sponsor migrant students under Tier 4 and includes information about the category of students, they are licenced to sponsor and confirms their sponsorship rating. Educational institutions that wish to enrol students from non-EEA countries must obtain a Tier 4 Sponsor licence which enables them to issue Confirmation of Acceptance for Studies (CAS). * With current development in UK immigration laws, many educational institutions are eager to learn more about different options available in order to bring in international students from outside the European Economic Area (EEA). Our experienced solicitors can assist you in obtaining a[ Tier 4 Sponsor licence](https://web.archive.org/web/20190320134530/https://immigrationandvisasolicitors.co.uk/tier-4-sponsor-licence/) for your educational institution and register in the Tier 4 Register of Sponsors. ## Tier 4 Register of Sponsors: What is it? Tier 4 Register of Sponsors is a list of educational organisations licensed to sponsor migrant students under Tier 4. The list contains: sponsor's name, location, sponsor type, additional locations, status and the sub tier they are licensed for. There are currently 1,306 sponsors registered in the Tier 4 Register of Sponsors. The full document listing all institutions holding a Tier 4 Sponsor licence can be found here. ## Tier 4 Sponsor Licence: What is it? In order for UK educational institutions to be able to enrol students from outside the EEA, they will need to be holders of a valid Tier 4 Sponsor licence. Holding a Tier 4 Sponsor Licence will allow the institution to issue Confirmation of Acceptance for Studies (CAS) and to ultimately sponsor Tier 4 visas. These visas are for students who have been accepted to study on long-term academic courses, such as at a university, embedded college or a school, but they can also be issued by English language schools for students who have been accepted to study English language on a course of over 11 months. You must note that sponsoring someone to be a student in the UK does not necessarily mean that they will most certainly be allowed to study in the UK. Their right to study in the UK will be dependent on numerous factors and on the outcome of their immigration Entry Clearance applications. ## UK Tier 4 Sponsor Licence Application Requirements Before applying for the Tier 4 Sponsor Licence, you will need to make sure the education provider or institution meets the sponsor requirements in the Sponsor guidance and is ready to comply with them. You will need to decide who will do the sponsor management roles within your institution and estimate the number of confirmations of acceptance for studies (CAS) you would like to apply for in the first year of licence. You must apply for your Sponsor Licence online and pay the fee. After you have submitted the application online, you must then provide with the Home Office all the supporting documents within a restricted time limit via post. Different types of institutions will be required to provide different documentary evidence. As a general rule, you must provide sufficient evidence to demonstrate that you run a legitimate and genuine educational institution. If your application is approved, you’ll be given probationary sponsor status and emailed a login for the [sponsorship management system](https://www.points.homeoffice.gov.uk/gui-sms-jsf/home/SMS-003-Home.faces). When you successfully apply for a Tier 4 licence, UKVI will give you a probationary sponsor licence. This is a transitional period lasting 12 months whilst you demonstrate you can fulfil all of your duties as a Tier 4 sponsor. You must apply for a basic compliance assessment after 12 months. ## Using Legal Representation to Apply for a Tier 4 Sponsor Licence Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 4 Sponsor licence application. A Sponsor Licence application can be complicated at times as the Home Office have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the Sponsor Licence process. We ensure that we assist you to achieve and maintain a Sponsor status and provide ongoing compliance checks to ensure you are aware of your duties as a registered Sponsor. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 4 Sponsor Licence Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Successful Appeal to Immigration & Asylum First-tier Tribunal – Leave to Remain Source: https://immigrationandvisasolicitors.co.uk/appeal-immigration-asylum-first-tier-tribunal-leave-remain/ *Our team of expert solicitors recently assisted a client (the Appellant) submit a successful appeal to the Immigration and Asylum [First-tier Tribunal](https://www.gov.uk/courts-tribunals/first-tier-tribunal-immigration-and-asylum), challenging a Home Office decision denying the Appellant leave to remain as a partner of a British Citizen.  In our initial consultation, we discovered the Appellant had a complexed immigration history that added to the difficulties in submitting a successful appeal. However, after months of hard work and dedication, our team of solicitors and barristers were able to get the Home Office decision overturned and the appeal allowed. Our client was ecstatic with the outcome and she has now been granted her leave to remain in the UK.* **The case for Leave to Remain in the UK** In our initial consultation, we addressed the issues surrounding the Appellant’s immigration matter. It was evident from the outset that despite her complex immigration history, the Appellant had strong merits for an appeal as it was clear the Home Office had interfered with the Appellant’s [Article 8 ECHR](http://www.legislation.gov.uk/ukpga/1998/42/schedule/1/part/I/chapter/7) rights in a way which was disproportionate and not in accordance with the Immigration Rules and relevant legal authorities. After discussing the matter with our expert solicitors, the Applicant was reassured that our solicitors often assisted clients in similar situations to hers. The Applicant instructed us to prepare and assist her with the submission of her appeal to the First-tier tribunal. The Appellant was a Filipino national who first entered the UK on a Work permit in (replaced by the [Tier 2 visa categories](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/)). The Appellant then applied for an extension and was granted further leave to remain. Due to unforeseen circumstances, the Appellant could no longer continue to work and therefore applied for leave to remain on the basis of her relationship with her partner, who was a British Citizen. The Appellant’s application was refused with no right of appeal. The Appellant then submitted a fresh further leave to remain but this was also refused under Appendix FM and [paragraph 276ADE](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-7-other-categories) of the Immigration Rules. This time she was given a right of appeal and exercised it. **How we can assist submit a successful Appeal to the Immigration & Asylum First-tier Tribunal** In this particular case, our solicitors and barristers were able to draft comprehensive and strong grounds of appeal challenging the reasons the Applicant’s application was refused, prepared a detailed, structured, indexed and paginated bundle of documents which were relied upon at the appeal hearing and drafted a comprehensive and strong witness statement in support of the Applicant’s appeal. These were the key ingredients towards the success of the Applicant’s appeal as the barrister representing the Applicant was well-prepared to argue her case at the Tribunal and persuade the Tribunal to allow the appeal in her favour. Our solicitors and barristers successfully guided the Applicant through the appeal process ensuring the Appellant was kept up to date with the progress of her appeal. In addition to this, we also assisted the Appellant gather essential documentary evidence, providing multiple substantial reviews of her documents to give her the best chance of overturning the Home Office decision which denied her the right to be with her partner in the UK.  In our review process, we often discover that some of the documentary evidence provided is not sufficient or in fact may have an adverse effect on the outcome of the appeal, therefore, it is critical the correct documentary evidence is provided. **Applicable for Leave to Remain as Partner of British Citizen** To make a successful leave to remain application on the basis of your relationship with a British citizen, there are a number of stringent requirements which must be satisfied. Please see some of the requirements below; - Your partner must be a person settled in the UK or hold British citizenship; - Your previous relationship/marriage must have been terminated; - You must be able to demonstrate that you have been in an ongoing relationship for a period in excess of 2 years or are married or in a civil partnership; - You should have sufficient knowledge of Life in the UK and have passed an English qualification at the required level. However, there are some circumstances where you may be exempt from meeting this requirement; and - Your partner must meet the financial threshold requirement; this varies depending on the route you are applying under. Your application may be considered either under the 10-year route, 5-year route or the 2-year route. However, you should note that there are numerous ways you can satisfy these requirements. It is imperative you obtain the correct guidance before submitting any application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal.In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements. **Advice from UK Immigration Solicitors on submitting a successful Appeal ** [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK appeal to the First-tier Tribunal or Upper Tribunal. We can assist you with the preparation of your appeal and ensure that you have the best chance of success. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about submitting a successful UK Visa application please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # Parent of a Tier 4 Child Visa Source: https://immigrationandvisasolicitors.co.uk/parent-tier-4-child-visa/ *If you are planning for your child or children to come to the UK to study [a course longer than 11 months](https://web.archive.org/web/20190320134816/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa/), they will need to apply for a Tier 4 Child Visa. It can be tough to say goodbye to a loved one, especially one so young, but the Parent of a Tier 4 Child Visa means that it is possible for a parent to come to the UK with their children. This is particularly useful if your child is very young, or you have more than one child that you would like to study in the UK.* ## Parent of a Tier 4 Child Visa – what is it? If you are the parent of a child under twelve years of age who has been accepted to study at an independent fee-paying school in the United Kingdom, and who will be applying for a Tier 4 Child Visa, you will be eligible to apply for a Parent of a Tier 4 Child Visa. This visa will allow you to enter the United Kingdom with your child, and to continue to look after them whilst they are at school. If they have specific needs that you would prefer to look after yourself, rather than rely on the school’s boarding house, this visa will allow you to do so. A Parent of a Tier 4 Child Visa will allow you to stay in the United Kingdom for six or twelve months, and you will be able to extend your visa if you continue to meet the requirements. Your Parent of a Tier 4 Child Visa can be extended for twelve month periods until your child reaches twelve years of age, which is the age limit for children. The Parent of a Tier 4 Child Visa also allows you to bring dependants with you to the United Kingdom. ## Parent of a Tier 4 Child Visa – What Are The Requirements? The most important requirement for a Parent of a Tier 4 Child Visa application is that your child is under twelve years of age, and that once your child passes that age you will no longer be eligible for the visa or for extensions. It is designed for parents of young children, as once children reach the age of twelve they are considered to not need as much contact and attention from their parents. All categories of visas expect applicants to be able to demonstrate a certain level of maintenance, that is, money that the applicant has available to support themselves and any dependants. The amount of money you will need to have access to will depend on the number of dependants you wish to bring with you, as well as the location of your child’s school. It is also required that the applicant shows that they are maintaining a permanent home outside the United Kingdom, and that they intend on returning to their home country once their Parent of a Tier 4 Child Visa has expired. The applicant will also need to be able to show that they are able to meet the cost of their return journey, with the purpose of these requirements being that the applicant must show that they will leave the United Kingdom once their visa has expired, and that they are not planning on overstaying their visa. It is important to meet these requirements, no less because you will not be able to work if you enter the United Kingdom on a Parent of a Tier 4 Child Visa. ## Using Legal Representation to Apply for a Parent of a Tier 4 Child Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Parent of a Tier 4 Child Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Parent of a Tier 4 Child Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Article 50 Bill Gets Royal Assent – the Brexit Countdown Begins Source: https://immigrationandvisasolicitors.co.uk/article-50-bill-royal-assent/ *To cheers from the Government benches, the Speaker of the House of Commons announced that the Queen had granted Royal Assent to the Article 50 Bill, giving the Government the legal power to commence Brexit negotiations with the European Union. * ## Why Did the Article 50 Bill Need Royal Assent? Royal Assent is the final step to be taken before a parliamentary bill becomes law. Put simply, once a bill has successfully passed through three readings in the House of Commons and House of Lords, it is then presented to the Queen or her representative. The Queen will then grant Royal Assent, making the bill an Act of Parliament. From that moment on, the content of the bill becomes law. The Article 50 Bill went through the same process. When passing through Parliament, a bill has three readings in total, and at each reading the House of Commons and House of Lords are able to make amendments through a debating and voting process. This was the case for the Article 50 Bill, which passed through three readings but to which ultimately no amendments were made. Despite the efforts of the House of Lords, the Article 50 Bill was put before the Queen unchanged. It is very rare for Royal Assent to not be granted – the last time it occurred was 1708 – and it was granted in this instance too, meaning that the Article 50 Bill is now law. ## What Happens Now the Article 50 Bill Has Passed? The Government had a self-imposed deadline of the end of March to enact the Article 50 Bill, and the granting of Royal Assent has meant that that deadline has been met. What follows now is two years of negotiations with the European Union, with the status of EEA nationals in the United Kingdom being a central point under negotiation. As was seen, [the House of Lords made amendments](https://web.archive.org/web/20170303082827/https://immigrationandvisasolicitors.co.uk/article-50-vote/) to the Article 50 Bill at the third reading that would safeguard the status of EEA nationals, but these amendments were quickly rejected by MPs. Where the Brexit negotiations will leave EEA nationals and their families resident in the UK is still [uncertain](https://immigrationandvisasolicitors.co.uk/immigration-uk-eu-eea-nationals/). After rejecting the Article 50 Bill amendments of the House of Lords, positive sentiment towards EEA nationals does not seem to be strong amongst MPs, though there will surely be motivation to offer safeguards in reciprocation of protection offered to UK nationals currently living in the EU. But, it is not advisable to second-guess the Secretary of State for Exiting the EU. The only certainty that can be offered at the current time is that until the day the UK withdraws from the EU, EEA nationals and their families will still be able to confirm their status in the UK. ## Using Legal Representation to Confirm Your Immigration Status After the Article 50 Bill Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an application to confirm your immigration status in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Confirm Your Immigration Status After the Article 50 Bill [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Tier 4 Student Visa Do’s and Do Not’s Source: https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-dos-donts/ *The excitement will be starting to build for the many international students who are planning on coming to the UK to begin their overseas study this September. Whilst it is important to know the requirements before making a Tier 4 Student Visa application, it is equally as important to be aware of what you can and cannot do whilst in the UK on a Tier 4 Student Visa – as it could seriously affect your academic career.* ## What you can do on a Tier 4 Student Visa A Tier 4 Student Visa will allow a student to study in the UK for the duration of their course, and students are able to make their application either in or outside the UK. This gives a level of flexibility if a student is changing course or even sponsor, as they will not be required to leave the UK to make their application, assuming that they meet the requirement for academic progression. Once their Tier 4 Student Visa application is successful, the student will be able to enter the United Kingdom and enrol at their sponsor institution. The goal of each student, of course, is to eventually graduate come the end of their course, and doing so will require attending class and working hard. Indeed, one of the requirements that the university themselves must meet is that all international students attend a high proportion of their classes, and this is an important factor to keep in mind when studying. Not attending classes will have serious repercussions for the student and possibly the university, [who will be eager to enforce their UKVI compliance requirements](https://web.archive.org/web/20190320134530/https://immigrationandvisasolicitors.co.uk/tier-4-sponsor-licence/). A Tier 4 Student Visa will also allow you to work for up to 20 hours per week in most jobs, which will allow students to take a part-time job. The definition of a week will be changed from April 2017, however, to be defined as “a period of seven days beginning with a Monday”. Those on a Tier 4 Student Visa will need to ensure that their work shifts and patterns fit around this new requirement. ## What you cannot do on a Tier 4 Student Visa Whilst a Tier 4 Student Visa does give a relative degree of freedom, there are certain activities that students are not able to partake in. They are not able to receive public funds – hence the requirement of financial ‘maintenance’ for support – and are not able to work in certain jobs such as a sportsperson or sports coach. This requires international students to have financial independence, and to not rely on receiving public funds whilst studying in the UK. If a student is to be supported by their parents or other family member, they will need to provide a letter of support confirming that their funds are available at any time. It should also be remembered that those on a Tier 4 Student Visa are unable to study at a ‘maintained school’, which is another name for an academy or a local authority-funded school. Furthermore, not all English language schools are able to sponsor a Tier 4 Student Visa, as they will not be on the [Tier 4 Register of Sponsors](https://web.archive.org/web/20190320131455/https://immigrationandvisasolicitors.co.uk/tier-4-register-sponsors/); if a student wishes to come to the UK to study English at a language school prior to their university course, they must find one with a Tier 4 Student Visa sponsor licence. This is because they will not be able to switch from a Standard Visitor Visa to Tier 4 Student Visa within the UK, and will be required to leave in order to make that application. ## Using Legal Representation to Apply for a Tier 4 Student Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 4 Student Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 4 Student Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # Brexit News: Article 50 to be triggered next week on Wednesday 29 March 2017 Source: https://immigrationandvisasolicitors.co.uk/brexit-news-article-50/ *Prime Minister Theresa May is going to trigger the article 50 on Wednesday 29 March 2017. **The Brexit process has caused uncertainty amongst EEA nationals in regard to their immigration position in the UK and resulted in a significant number of EEA nationals seeking to make applications for [permanent residence](https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card) to secure their position in the UK. **Our experienced solicitors will guide you through the process of applying for Permanent Residence document and the requirement of the application.* ## Brexit Article 50: what does it mean for EEA nationals? Recent Brexit news that the Prime Minister Theresa May is going to trigger Article 50 on Wednesday next week have caused even bigger uncertainty amongst EEA nationals living in the UK. Our immigration solicitors have received numerous enquiries regarding the future of EEA nationals in the UK after triggering Article 50 and formal beginning of Brexit procedures. We have received enquiries from EEA nationals who have lived in the UK for a period of less than 5 years, therefore not qualifying for applying for Permanent Residence document as yet. These individuals might consider other options in order to secure their position in the UK. One thing to keep in mind though, is that the [UK Home Office](https://www.gov.uk/government/organisations/home-office) has been receiving a lot of applications of this kind lately in light of Brexit. Furthermore, the Home Office imposes strict rules on what kind of specified evidence should be provided. Therefore, it is important to get your application right the first time to avoid unnecessary delays, especially in such times of uncertainty. Our experience immigration team can assist you in collating the specified documents and preparing the application for you such that is has the highest change of success. Before you even think twice, you should always seek legal advice and act swiftly if there are anything that you are unsure about. ## Brexit Immigration Strategy: Options for EEA nationals All in all, the position with Brexit is still unclear but it should not stop EEA nationals from devising an immigration strategy. If you are an EEA national currently in the UK, and you wish to live and/or work in the UK in the near future, you may want to take the following actions as part of an immigration strategy and to obtain documentation that proves your rights in the UK. [Registration Certificate](https://immigrationandvisasolicitors.co.uk/uk-registration-certificate-eea-nationals/) - Apply for a Registration Certificate as a “qualified person” exercising Treaty rights in the UK as an EU citizen. If you are working, studying, self-employed, self-sufficient or looking for work in the UK, you may be eligible to apply for a Registration Certification as a “qualified person”. The reason for applying for such a document is that you would have a safeguard and will be more likely be able to prove that you in fact have a right to live and work in the UK. [Permanent Residence](https://immigrationandvisasolicitors.co.uk/eu-permanent-resident-fast-track/) - If you have been residing in the UK for 5 continuous years or above as an EEA national, you may be eligible for a Permanent Residence document. The Permanent Residence status under the EEA Regulations are very similar to the Indefinite Leave to Remain under the UK Immigration Rules. These statuses would entail that a person will be free from immigration control in the UK and will be free to live and work in the UK either permanently or indefinitely. [British citizenship](https://immigrationandvisasolicitors.co.uk/home-office-nationality-checking-service/) - Once you have acquired Permanent Residence *status* for at least 12 months and have acquired a Permanent Residence card, you may then be eligible to apply for British citizenship. Please note that you do not necessarily have to have had the Permanent Residence *card* for 12 months in order to be eligible; there is a subtle difference between Permanent Residence *status* and holding a Permanent Residence *card*. Needless to say, if you do become a British citizen prior to any formal Brexit changes, it is unlikely that the changes in the future will affect you as you will no longer be considered as a “foreigner”. ## How to make a successful Application for a Document Confirming Your Right to live in the UK To make a successful Permanent Residence, Registration Certificate or Naturalisation application you must meet the Home Office’s requirements. It is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any visa and immigration application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements. A common question we often come across is regarding the documents which have to be submitted as evidence of exercising Treaty Rights. The requirements may be satisfied through various different avenues such as salaried employment, self-employment or cash savings (self-sufficient). You may wish to contact us if you have any questions regarding any of the requirements.Successful visa and immigration applications for EEA nationals [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Does your institution need to apply for a Tier 4 Sponsor Licence Source: https://immigrationandvisasolicitors.co.uk/apply-tier-4-sponsor-licence/ There are currently 1304 (as of 22 March 2017) [registered](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/617527/T4_Migrant_Guidance_-_June17.pdf) Tier 4 sponsors in the UK. The Application process can be cumbersome and overwhelming and may require legal experts to submit a successful application first time around. Your Institution you must apply online, print and forward a completed submission sheet and your supporting documents (see [Appendix A ](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-a-attributes)for list) to the Sponsor case operations team. The process usually takes up to 4 weeks but in some instances, the UKVI may opt to visit your institution to ensure it is suitable. There are key requirements which must be satisfied are the Guiding Principles, Educational Oversight requirement and Eligibility and suitability for a Tier 4 Sponsor Licence. ## Guiding Principles To be granted a Tier 4 Sponsor Licence  your institution must be able to demonstrate that they are; - A genuine education provider that has an acceptable education quality standards, and is operating lawfully in the UK; - Your institution must be eligible and suitable for a Tier 4 Sponsor Licence and - Your institution must be able to demonstrate that it is capable of carrying out its duties as a registered sponsor. In order to establish whether your institution meets these requirements, the UKVI will consider a number of factors, such as its history, key personnel named on its application and your institution's policies and how your institution aims to meet its sponsor duties. In some occasions, the UKVI may opt for a site visit to help them reach a decision. It is important to note that the UKVI will refuse applications from the onset where there are concerns regarding dishonest conduct or there has been a history of dishonesty or history of immigration crimes being committed. ## Educational Oversight requirement The purpose of the educational oversight requirement is to determine whether your institution and all of its sites satisfy the acceptable education quality standards. A independent professional Educational Oversight body authorised by the Home Office undertakes the assessment. There is a[ table](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/571825/Tier_4_Sponsor_Guidance-Doc_1_-_Applying_for_a_licence.pdf) published by the Home Office as to appropriate professional Educational Oversight bodies. The majority of publicly funded colleges are already subject to statutory education inspections and in some occasions, these are considered adequate for the purpose of the Tier 4 Sponsor Licence.  However, if your institution has passed a statutory inspection but the course you wish to teach was not considered under the inspection i.e. it may be a new course you wish to teach, the UKVI may require another assessment for that particular course to ensure your institution meets the requirements. If your institution is a private education provider and wishes to apply for an Education Oversight inspection it must have been continuously teaching a course that meets the Tier 4 requirements for at least 2 years prior to its application.  In addition to this, if your institution is private and offers a range of courses at different levels of education at different sites, your institution may be required to conduct several different assessments to ensure each site meets the requirement.  Your application may be refused if you fail any one inspection, i.e. if your institution requires 3 inspections but passes 2 and fails one, this will be considered insufficient for the purpose of the application. We have recently seen the UKVI change its approach on assessing Tier 4 Sponsor Licence applications; they have set down their requirements and have demonstrated that these must be satisfied fully and in accordance with their guidance. The UKVI have cracked down on rogue education providers who are abusing their Tier 4 Licence and will continue to do so. All Education Oversight inspections will cover two core requirements but in some occasions, they may wish to add further requirements to their oversight if they feel it is appropriate to do so. The two main requirements are for an Education Oversight Inspection is; - Quality assurance including academic governance; and - Financial sustainability, management and governance. ## Eligibility and suitability for a Tier 4 Licence Ultimately the decision to grant an application for a Tier 4 Sponsor Licence will be made by the UKVI but it will take into consideration the Guiding Principles and the Education Oversight inspection into consideration.  It will take into account any relevant factors it feels are necessary and appropriate, including (but not limited to) whether or not: - Your institution has met the Educational Oversight requirement and you have complied with any time restrictions for an application for a Tier 4 Sponsor Licence; - Your institution and all of its sites must have complied with the immigration rules and Sponsor guidance in the past; - You must be able to demonstrate that your institution is a genuine education provider and is operating lawfully in the UK, i.e. registered for VAT with the HM Revenue and Customs; and - During the Tier 4 Sponsor Licence application, you will need to allocate specific roles to members of your staff. The personnel assigned must demonstrate that are honest, reliable and capable of complying with the immigration rules and sponsor guidance. There are 4 mandatory roles, which must be assigned.  The roles are as follows: - Authorising officer- this person will be in charge of staff and representatives who use or have access to the Sponsor Management System (SMS); - Key Contact- this person will be the main point of contact for the institution and will directly communicate with UKVI about any queries about the Tier 4 Sponsor Licence application; - Level 1 user- this person will be responsible for all day to day management of your institution’s Sponsor Licence using the SMS; and - Level 2 user (optional)- this person will also have access to the SMS, but with more restricted permission, as this person will only be responsible for basic duties. It is essential you evaluate and consider each candidate for each of the roles in accordance with the UKVI Tier 4 Sponsor Licence guidance. As the UKVI may revoke your Tier 4 Sponsor Licence if they discover you have assigned the aforementioned roles to someone who has an unspent criminal conviction, a fine issued against their name from the UKVI in the last 12 months or have been reported to the UKVI. ## Using Legal Representation to Apply for a Tier 4 Sponsor Licence Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 4 Sponsor Licence application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 4 Sponsor Licence Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Appendix FM-SE – Financial Evidential Requirements in Family Member Visa Applications Source: https://immigrationandvisasolicitors.co.uk/appendix-fm-se-financial-evidence/ *Knowing what evidence to submit with a Family Member visa application is of vital importance, especially when considering financial evidence, which must show that an applicant’s income is legal and comes from regular employment over a certain period of time. [Appendix FM-SE ](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence)of the Immigration Rules sets out what financial evidence is permissible when making such Family Member visa applications – but it is not easily digested.* ## Meeting the Evidential Requirements for Salaried Employment Under Appendix FM-SE Appendix Family Member-Specified Evidence - as Appendix FM-SE is otherwise known – explains the evidence that can be submitted to demonstrate that applicants or their family members are in certain forms of employment. The most common form of employment likely to be encountered is salaried employment, meaning that an applicant is employed by a company. Appendix FM-SE sets out that the evidence required to demonstrate that an applicant is in salaried employment will need to cover a certain time frame, usually a period of 6 months prior to the date of application if that applicant has been employed by their current employer for at least 6 months. If the applicant has been employed by their current employer for a period of less than 6 months, they will need to submit evidence for the previous 12 months. Appendix FM-SE states that the applicant will need to submit both payslips and bank statements covering the relevant period, as well as a letter from the employer who issued the payslips confirming their employment and salary, and the type of employment and how long they have been employed. ## Meeting the Evidential Requirements for Self-Employment Under Appendix FM-SE The evidence required to demonstrate that an applicant is in self-employment is more detailed than for those in salaried employment, but it follows the same principle of covering a certain period of time, and providing monthly evidence in the form of bank statements and payslips. In this instance, however, Appendix FM-SE states that that period of time is the last financial year. In most cases, a self-employed person will be someone who is the director of a limited company based in the UK, and receives income from employment and/or shares in that company. When making an application as a self-employed person, Appendix FM-SE states that it is necessary to provide evidence of the registration of that company with Companies House, as well as a copy or print-out of the CT600 for the last full financial year. Further, Appendix FM-SE states that the applicant must submit annual audited or unaudited accounts as required, as well as VAT and PAYE registration, and business bank account statements from the 12 month period covered by the CT600, which will show salary leaving the account. This salary will also be evidenced by the applicant’s personal bank statements and payslips. If the applicant received dividends from their company, Appendix FM-SE states that they must also submit dividend vouchers for the period covered by the CT600, which will again need to be shown on the applicant’s personal bank statements. ## Using Legal Representation to Comply with the Evidential Requirements Under Appendix FM-SE Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an application that complies with Appendix FM-SE. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Applications that Successfully Comply with the Evidential Requirements Under Appendix FM-SE [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # English Language Requirement in Visa Applications – Approved English Language Tests Source: https://immigrationandvisasolicitors.co.uk/english-language-requirement/ *English Language Requirement is one of the most essential requirements of your visa application. [The Home Office](https://www.gov.uk/government/organisations/home-office) has recently published an updated list of tests and centres approved by the Home Office. In order to show that the applicants have the required level of English for their visa application, they need to sit an exam and provide the Home Office with a language certificate. If you are coming to the UK as a student, a spouse or to work, you are required to have a minimum level of A1 or B1 of the Common European Framework of Reference (CEFR) in speaking and listening from a UKVI approved centre. Our experienced solicitors will guide you through the main differences between the level requirements and advice you on other requirements of your application.* ## English Language Requirement Applicants applying for UK visas need to prove their knowledge of English by having a recognised English test qualification from an approved test centre. Applicants would need to submit the original certificate with their application and make sure they meet the relevant level of English language. If you are coming to the UK as a student, a [spouse ](https://immigrationandvisasolicitors.co.uk/uk-immigration-english-language-requirement/)or to work, you are required to have a minimum level of A1 or B1 of the Common European Framework of Reference (CEFR) in speaking and listening from a UKVI approved centre. Applicants willing to apply for citizenship or to settle in the UK (known as 'indefinite leave to remain')  would need to have an English qualification at minimum B1 level or hold a degree taught or researched in English. Your application will be refused if you send the wrong qualification, so make sure that you seek legal advice before submitting your application. ## List of Approved English Language Tests and Test Centres A list of approved tests and providers to show that you meet the English Language Requirement was published by the Home Office on 22 February 2017 and can be found [here](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/594067/Approved_Secure_English_Language_Tests_and_Test_Centres.pdf).  The list consists of approved centres in the UK and in the rest of the world and types of tests accepted by the Home Office. Applicants would have a choice of taking Integrated Skills in English test, Graded Examinations in Spoken English, IELTS Life Skills test or IELTS for UKVI. Some applicants might be exempt from the English Language Requirement if they are aged 65 or over or unable to take the test because of a long-term physical or mental condition. Also, nationals of the following countries would not need to prove their knowledge of English and sit an exam: Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, Republic of Ireland (for citizenship only), St Kitts and Nevis, St Lucia, St Vincent and the Grenadines Trinidad and Tobago, USA. Nationals of countries that are not on the list will need to prove their knowledge of English, even if English is an official language. ## Using Legal Representation to Submit Your Immigration and Visa Application Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit a visa application and advise you on the whole process. Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Visa Applications from LEXVISA London Immigration Solicitors [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Nursing Crisis in the UK – An alarming drop in EU Nurses living and working in the UK after Brexit Source: https://immigrationandvisasolicitors.co.uk/eea-applications-eu-nurses-uk-brexit/ Recent reports from the Nursing and Midwifery Council suggests there has been an unexpected drop in EU nationals registering as nurses in the United Kingdom following the EU Referendum. Figures show that there has been a 90% decrease in EU nurses registering in the UK. The Unprecedented drop in nursing applications is largely due to Prime Minister Theresa May and Home Secretary Amber Rudd’s reluctance to clarify the future of EU nationals following Article 50 being triggered. ## Nursing Crisis following EU Referendum - What does the Future hold for EU Nurses Several months after the historic and unexpected announcement that the British public had decided to sever its ties with the European Union, the initial web of uncertainty and concern has triggered many EU nationals to regularise their status in the UK. Whilst there has been a decrease in nursing applications, there has been a significant increase in EEA Residence Card and EEA Permanent Residence applications. Statistics also show the number of EU nurses leaving the NHS trusts in England has also dramatically increased since the referendum.  This has caused an immediate sense of concern as there are numerous NHS Trusts already short staffed. Janet Davies, chief executive and general secretary for the Royal College of Nursing has also commented on the nursing crisis and has stated “The government risks turning off the supply of qualified nurse from around the world at the very moment the health services is in a staffing crisis like never before”. ## Brexit Immigration Strategy: Options for EU Nurses All in all, the position with Brexit is still unclear but it should not stop EU nurses from devising an immigration strategy. If you are an EU nurses currently in the UK, and you wish to live and/or work in the UK in the near future, you may want to take the following actions as part of an immigration strategy and to obtain documentation that proves your rights in the UK. [Registration Certificate](https://immigrationandvisasolicitors.co.uk/uk-registration-certificate-eea-nationals/) – Apply for a Registration Certificate as a “qualified person” exercising Treaty rights in the UK as an EU citizen. If you are working, studying, self-employed, self-sufficient or looking for work in the UK, you may be eligible to apply for a Registration Certification as a “qualified person”. The reason for applying for such a document is that you would have a safeguard and will be more likely be able to prove that you in fact, have a right to live and work in the UK. [Permanent Residence](https://immigrationandvisasolicitors.co.uk/eu-permanent-resident-fast-track/) – If you have been residing in the UK for 5 continuous years or above as an EEA national, you may be eligible for a Permanent Residence document. The Permanent Residence status under the EEA Regulations are very similar to the Indefinite Leave to Remain under the UK Immigration Rules. These statuses would entail that a person will be free from immigration control in the UK and will be free to live and work in the UK either permanently or indefinitely. [British citizenship](https://immigrationandvisasolicitors.co.uk/home-office-nationality-checking-service/) – Once you have acquired Permanent Residence *status* for at least 12 months and have acquired a Permanent Residence card, you may then be eligible to apply for British citizenship. Please note that you do not necessarily have to have had the Permanent Residence *card* for 12 months in order to be eligible; there is a subtle difference between Permanent Residence *status* and holding a Permanent Residence *card*. Needless to say, if you do become a British citizen prior to any formal Brexit changes, it is unlikely that the changes in the future will affect you as you will no longer be considered as a “foreigner”. ## How to make a successful Application for a Document Confirming Your Right to live in the UK as EU Nurses To make a successful Permanent Residence, Registration Certificate or Naturalisation application you must meet the Home Office’s requirements. It is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any visa and immigration application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements. A common question we often come across is regarding the documents which have to be submitted as evidence of exercising Treaty Rights. The requirements may be satisfied through various different avenues such as salaried employment, self-employment or cash savings (self-sufficient). You may wish to contact us if you have any questions regarding any of the requirements. ## Successful visa and immigration EEA applications for EU Nurses [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Future of Tier 4 Students After Brexit Source: https://immigrationandvisasolicitors.co.uk/future-tier-4-students-brexit/ *As Brexit negotiations begin, the future of migrants in the United Kingdom should start to become clearer. The future of Tier 4 Students after Brexit is still somewhat uncertain, however, though recent developments suggest that there are changes afoot for both Tier 4 Students and Tier 4 Sponsors. These changes should give some indication of the direction that the Home Office intends to take.* ## The Future of Tier 4 Students – the Pilot Scheme Some indication for the future of [Tier 4 students](https://web.archive.org/web/20190320134816/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa/) can be seen in the Tier 4 Pilot scheme that is mentioned in Annex 6 of the Tier 4 Migrant Guidance. The pilot scheme concerns students who are applying for a Master’s course for 13 months or less at the University of Oxford, University of Cambridge, University of Bath or Imperial College London. Those students will be able to stay for 6 months after the end of their course, as well as submit fewer documents with their application. The immediate benefit of the Pilot scheme is that students attending universities partaking in the scheme will be regarded as ‘low risk’, and will not need to submit as many academic and financial documents as other students. This does not mean that they will *not* need to meet the requirements – and it is possible that they might be asked to submit those documents - but it shows that the Home Office will be investing certain levels of trust in universities regarding the students they enrol. If the scheme is successful, then this suggests that the future of Tier 4 student visa applications will take a similar approach, with universities bearing the burden of responsibility for ensuring that students are able to meet the requirements. The scheme will also encourage students to stay in the United Kingdom longer than they might have otherwise, which again suggests that the Home Office would like to encourage Tier 4 students to find employment under the Tier 2 category, or to start their own business as a Tier 1 Graduate Entrepreneur. The direction in which the future of Tier 4 students points, then, is towards motivating students at high-ranking universities to switching into employment categories, and to use their United Kingdom education to benefit the United Kingdom. ## The Future of Tier 4 Sponsors – the Rating Scheme The future of [Tier 4 students](https://web.archive.org/web/20190320134637/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-dos-donts/) is tightly bound to that of their sponsors, and the Tier 4 Pilot scheme shows that the government is prepared to divest themselves of the responsibility of verifying certain evidential requirements, and instead rely on the university to do so. The Tier 4 Pilot scheme is currently limited to only four universities, but should it be a success there is no reason as to why it should not be expanded to include more [universities](https://web.archive.org/web/20190320134530/https://immigrationandvisasolicitors.co.uk/tier-4-sponsor-licence/) of a similar stature. A corollary of this is that the visa application process should be faster, though student will still need to meet the requirements even if their documents aren’t subject to checks. The government has already announced the introduction of a gold, silver and bronze ranking system that will be implemented this year, and which is linked to the Teaching Excellence Framework. The system when it is implemented will give universities the ability to raise tuition fees once they are able to meet gold or silver criteria. It is also possible that the system will affect membership of the Tier 4 Pilot scheme, or even the number of international students that universities are able to enrol, with a ‘gold standard’ university being able to issue more CAS letters than a ‘bronze standard’ institution. This would be consistent with the Tier 4 Pilot scheme, as the ‘gold standard’ universities would be more trusted by the government to take responsibility for ensuring that their students meet the Tier 4 visa requirements, a kind of streamlining of the application process that would link the future of Tier 4 students to the performance of their sponsor. ## Using Legal Representation to Apply for a Tier 4 Student Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 4 Student Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 4 Student Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Brexit Countdown Begins: Rights of EEA Nationals in Jeopardy Source: https://immigrationandvisasolicitors.co.uk/brexit-countdown-begins/ *Prime Minister Teresa May described the [triggering of Article 50](https://immigrationandvisasolicitors.co.uk/brexit-news-article-50/) as an “historic moment from which there can be no turning back”, and with the delivery of her letter to Donald Tusk the Brexit countdown has truly begun. How negotiations will unfold over the next two years will largely depend on the largesse of the EU negotiating team, who are already contemplating issuing the UK with a £50 billion divorce bill.* ## Brexit Countdown: What Does the Letter Say About the Rights of EEA Nationals? The [Brexit process](https://web.archive.org/web/20170318015612/https://immigrationandvisasolicitors.co.uk/article-50-bill-royal-assent/) was formalised upon Donald Tusk’s receipt of [Teresa May’s letter](http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/29_03_17_article50.pdf), which informed him of the decision of the United Kingdom to withdraw from the European Union. This now gives the United Kingdom two years to complete negotiations for withdrawal, a central part of which will cover how the United Kingdom will operate – or cease to operate - the ‘four freedoms’ that are key to being part of the single market. As the Brexit countdown continues, negotiators will need to establish the future of the free movement of goods, the right of establishment and freedom to provide services, the free movement of capital and the freedom of movement for workers – those EEA nationals currently residing in the United Kingdom. The letter that Teresa May sent to Donald Tusk made no explicit mention of the future of EEA nationals in the UK, or indeed of any of the other four freedoms. Instead, the PM’s letter states that the United Kingdom does not seek membership of the single market, and that the United Kingdom respects the EU’s position of seeing the four freedoms of the single market as being indivisible. The letter also states that the United Kingdom companies will need to align with EU rules, just as they do ‘in other overseas markets’. These two statements could hint at the future of the United Kingdom’s relationship with the EU: rather than negotiate for any special privileges, the United Kingdom will withdraw totally from the single market, as well as the four freedoms the single market confers – including the free movement of workers. In such a situation, one that is conceivable if ‘hard Brexit’ is the true aim, the United Kingdom will be isolated from the EU, much like any other country that is not and was never a member state. The result of this would be that EEA nationals will become much like other non-visa nationals, requiring a visa to work in the United Kingdom long-term and no longer be able to exercise their rights under the EC Treaty. ## Brexit Countdown: What Does the Future of UK Nationals Overseas Hold? A ‘hard Brexit’ may be an extreme scenario, and as the Brexit countdown continues further light will be shed on what the ultimate outcome of negotiations will be. The letter the PM sent to Donald Tusk asks for ‘constructive and respectful engagement, in a spirit of sincere cooperation,’ whilst at the same time conceding that the United Kingdom will lose influence over EU policies and rules. The letter also states that the government will ‘aim to strike an early agreement’ about the rights of United Kingdom nationals currently living in Europe, which, should there be a reciprocal agreement, points to a potentially swift understanding of the rights of EEA nationals living in the United Kingdom. An early and positive agreement on the rights of EEA national and UK nationals would certainly be in the spirit of sincere cooperation, though with rumblings of secession emanating from the populist parties of other member states, whether the EU negotiators will be in a charitable mood remains to be seen. The letter from Teresa May has only served to muddy the waters further. The Brexit countdown, whilst posing more questions than there are answers, will start producing clearer waters once negotiations are underway. [EEA nationals still uncertain](https://web.archive.org/web/20170210104756/https://immigrationandvisasolicitors.co.uk/brexit-news-article-50-bill-passes/) about what the future holds, however, are encouraged to learn more about how they can confirm their status in the United Kingdom. ## Using Legal Representation to Confirm Your Status as an EEA National Living in the United Kingdom Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to confirm your status as an EEA National living in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Confirm Your Status as an EEA National Living in the United Kingdom [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # UK Visa Success Story: Entry Clearance Spouse Visa granted Source: https://immigrationandvisasolicitors.co.uk/success-story-entry-clearance-spouse-visa/ *Our solicitors recently received wonderful news that a client (the Applicant) had been [granted Entry Clearance Spouse Visa](https://immigrationandvisasolicitors.co.uk/success/) into the UK as the spouse of a British citizen who is present and settled in the UK. In our initial consultation with the Applicant, we discovered the client’s circumstances and facts surrounding his application. We were informed the Applicant wished to submit his application as soon as possible as he had a possible job offer in the UK subject to being granted Entry Clearance.   * ## The case for an Entry Clearance Spouse Visa Application The Applicant was a Nigerian national residing in Lagos, Nigeria. The Applicant met the Sponsor at university in the UK and started dating shortly after. The couple instructed us that they had visited each other regularly and had also travelled together. After several months of dating, the Applicant and Sponsor decided to get married. From the onset, our solicitors had advised the Applicant that this was a difficult application as they would have to collect all the required specified and supporting documents in a short space of time. In addition to this, it was essential there documents were in the correct format and had the necessary information. However, our team of expert solicitors assured the client that we could assist submit a successful application and that our solicitors often assist clients in similar situations to his. The Applicant instructed us to prepare and assist with the submission of his application. ## How we can assist submit a successful Entry Clearance Spouse Visa Application Our solicitors successfully guided the Applicant through the application process and prepared outstanding legal representations which focussed on how the Sponsor satisfied the [minimum income requirement](https://web.archive.org/web/20170223131348/https://immigrationandvisasolicitors.co.uk/supreme-court-ruling-mm-majid-javed/) of £18,600 and the accommodation requirement. Our solicitors had to work closely with the Applicant and Sponsor to ensure they were able to collate all the mandatory documents required for the Applicant’s application. It was essential that a properly executed application that met all the requirements was submitted as the couple had already planned the Applicant’s visit to the UK. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of his documents to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with the online visa application form and the financial requirements form. ## Meeting the Entry Clearance Spouse Visa Requirements To make a successful Entry Clearance Spouse Visa application you must meet the Home Office’s requirements, we have previously written about the [stringent requirements](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/). It is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements. A common question we often come across is regarding the English Language Requirement and whether a Degree taught in English qualifies. A degree taught in English from the following countries automatically qualifies: - Australia - Canada - Guyana - Ireland - New Zealand - South Africa - United Kingdom - United States of America - West Indies You may wish to contact us if you have any questions regarding any of the requirements. ## Client’s response to Successful UK Entry Clearance Spouse Visa   > *"Thankfully, my application was successful. I am back in the UK, picked up my residency card, and enjoying life with D*****la. On behalf of me and my wife, I would like to extend my sincerest gratitude to the effort the Lexvisa team put into our application."* ## Advice from UK Immigration Solicitors on Submitting a successful Entry Clearance Spouse Visa Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK Spouse Visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about submitting a successful UK Spouse Visa application please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # Supremacy of EU Law Coming to an End? Source: https://immigrationandvisasolicitors.co.uk/supremacy-of-eu-law/ *One of the major implications of Brexit is the United Kingdom having to disentangle herself from EU law. The supremacy of EU law over the law of Member States has always been at the core of the EU, and the next two years of negotiations and wrangling over the future of the United Kingdom post-Brexit will show whether the supremacy of EU law still holds, or whether it no longer takes precedence.* ## Supremacy of EU Law – What it Means The supremacy of EU law is a principle whereby any conflicts between European law and the law of Member States is to be resolved in the favour of EU law. This principle is not always followed, however, as the courts of Member States will reserve the right to review the constitutionality of European law under their own constitutional law. Furthermore, the Court of Justice of the European Union (CJEU) will often leave certain decisions to the discretion of the Member State, especially in cases that relate to policy decisions. In the United Kingdom, the supremacy of EU law was established in the landmark case known as *Factortame*. The ruling by the House of Lords promulgated that Parliament had acceded to the supremacy of EU law voluntarily, and that the scope of acts of parliament were limited by EU law or could even be ‘disapplied’ – so effectively ignored in certain cases, which constitutes a limit to the sovereignty of Parliament. The ruling in *Factortame* also meant that the courts of the United Kingdom could override any national law that was found to be in conflict with directly effective EU law, a clear illustration of the supremacy of EU law over the United Kingdom’s national law. ##  Supremacy of EU Law – What the Future Holds Since the Brexit vote, the supremacy of EU law has come into question, with thoughts now turning to how the United Kingdom should extricate herself from the laws of the EU. Whilst the regulations and statutory instruments of the EU will be transferred into the law of the United Kingdom, meaning there will be residual EU law within the United Kingdom’s legal system, the Supreme Court of the United Kingdom would be able to disregard rulings from the CJEU. However, if a clean break is made from the EU, and EU laws are no longer enforceable in the United Kingdom, we would see the end of EU laws on border controls and workers’ rights, amongst other freedoms that are currently enjoyed. Given that there are still to be two years’ of negotiations until the United Kingdom leaves the EU, judgments derived from EU law will be binding until exit day. It is likely also that, even after the United Kingdom leaves the EU, rulings from the EU courts will be taken into account (but not binding) when judgments are given in the United Kingdom. Decades of membership and the numerous judgments passed through the prism of EU law will ensure that Brexit will not be as clean a break as some would like. However, senior judges have said that the UK will not be bound by any decisions of the CJEU, indicating that, after the UK exits the EU, the supremacy of EU law will be at an end. ## Using Legal Representation to Make an Immigration and Visa Application the United Kingdom Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make an immigration and visa application UK. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Make an Immigration and Visa Application in the United Kingdom [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # New Application Fees announced by the UKVI for Immigration and Visa Applications Source: https://immigrationandvisasolicitors.co.uk/new-application-fees-annonuced-ukvi/ *The [Immigration and Nationality (Fees) regulations 2017](http://www.legislation.gov.uk/uksi/2017/515/pdfs/uksi_20170515_en.pdf) was placed before parliament yesterday, the regulation is set to come into force on 6 April 2017. Whilst there were no large scale application fees changes to the Points Based System applications there was noteworthy changes to fees for Indefinite Leave to Remain, Entry Clearance Spouse and Leave to Remain on the basis of private and family life applications.     * ## Change in Application Fees for UK Immigration and Nationality Applications There was an unexpected increase in application fees for Indefinite Leave to Remain and Entry Clearance Spouse visa applications. The application fees for Indefinite Leave to Remain has increased from £1875 to £2297. This change will affect families who are submitting multiple applications where there are dependents. There has also been an increase in application fees for Entry Clearance Spouse visa applications, Applicants were previously required to pay £1195 but from 6 April 2017, the new fee is £1464. The application fees for Leave to Remain on the basis of private and family life have also increased from £811 to £993. There has also been an increase in fees for Points Based System (PBS) applications.  However, the application fees changes in the PBS applications are less significant compared to the Indefinite Leave to Remain, Entry Clearance Spouse and Leave to Remain on the basis of private and family life applications. The application fees for Tier 1 (Entrepreneur), Tier 1 (Investor), and Tier 2 (General) applications have all increased ranging between an increase of £12 to £31. It clear the UKVI is in favour of business related application compared to family based applications and settlement applications. The UKVI are happy for Applicants to enter the UK to work or invest but are less supportive of Applicant's who wish to settle or start a family in the UK. The new Immigration and Nationality (Fees) regulations 2017 has provided some good news for Applicants who are considering British Citizenship. The application fees for Naturalisation applications has decreased from £1236 to £1202. In our opinion, we recommend Applicants seek legal advice before submitting any UK Immigration and Visa applications as application fees are non-recoverable where an application is refused. It is imperative that Applicants submit properly executed applications that meet the UK Immigration Rules and the requisite supporting documents are enclosed. Applications are often rejected for paying the incorrect application fees and the applications are rendered invalid. An invalid application could make an applicant an overstayer if the application was submitted close to the visa expiry date. It is very important to ensure that the correct application fees are checked and paid for the application submitted to the UKVI. ## Using Legal Representations to submit successful UK Immigration and Visa Applications Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a successful immigration application to the UK Home Office. Such applications can be complicated at times as the Home Office have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the process. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Advice from LEXVISA UK Immigration Solicitors on successful UK Immigration and Visa Applications [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa and immigration application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. --- # Tier 2 Minimum Salary Requirement Increase Comes Into Effect Source: https://immigrationandvisasolicitors.co.uk/tier-2-minimum-salary-requirement/ *The Tier 2 minimum salary requirement increase that was proposed by the government last year has come into effect as of today, 6 April 2017. This will require companies to pay salaries of at least £30,000 to overseas workers in order for them to be eligible for Tier 2 sponsorship, or the ‘appropriate rate’ in certain cases if that is deemed to be higher. * ## What is the Tier 2 Minimum Salary Requirement increase? In order to apply for a Tier 2 visa, an applicant and their sponsoring employer must ensure that they meet certain requirements, the most important of which is salary. The government has segmented the employment sector by industry, and in turn segmented each industry by job position and title. This allows the government to identify the ‘appropriate rate’ of salary for each position, that is to say the average or expected salary rate. Employers must pay special attention to these rates, as overseas staff must be paid either the ‘appropriate rate’ of salary or the minimum salary requirement as stipulated by the government. The Tier 2 minimum salary requirement increase that has come into effect has seen that minimum salary requirement increase from £25,000 to £30,000, meaning that it is now more expensive for employers to take on overseas staff through sponsoring their Tier 2 visa. The Tier 2 minimum salary requirement increase affects experienced workers, which is to say that it will affect the majority of workers under the Tier 2 visa route. It will not affect New Entrants, however, who are defined as new applicants to the Tier 2 (General) visa route, and who are either: - under the age of 26; - are switching into the category from a Tier 4 visa; or - have been hired through a milkround recruitment process. The minimum salary requirement for New Entrants is £20,800, though this is also subject to employers paying the government’s ‘appropriate rate’ if that is higher. ## What does the Tier 2 Minimum Salary Requirement increase mean for workers? The result of the Tier 2 minimum salary requirement increase is that it will now be more expensive for employers in the United Kingdom to sponsor overseas staff on Tier 2 visas. The increasingly expensive and onerous procedures and processes involved in sponsoring and applying for a Tier 2 visa are ultimately designed to reduce the United Kingdom’s net migration, with the obvious corollary being that competent and desirable overseas workers who do not meet the Tier 2 minimum salary requirement may not be able to enter the United Kingdom. It lies on the Tier 2 sponsor, therefore, to be able to present the position as being one that meets requirements for new entrants, or is more competitive in being able to meet the new salary requirements. ## Using Legal Representation to Apply for a Tier 2 Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make Tier 2 Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 2 Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # Overview of Tier 1 Visa Application routes under the Points Based System Source: https://immigrationandvisasolicitors.co.uk/overview-tier-1-visa-application-route/ *The Tier 1 Visa Application route is one of the options available for business people looking to apply for a UK visa under the Points Based System. The Tier 1 Visa Application route is a popular visa for business people looking to invest or establish their business in the UK. There are various routes under the Tier 1 Visa Application route, such as the [Tier 1 (Entrepreneur)](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/), [Tier 1 (Graduate Entrepreneur)](https://immigrationandvisasolicitors.co.uk/graduate-entrepreneur/), [Tier 1 (Exceptional Talent)](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) and [Tier 1 (Investor)](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) visa. There have been recent amendments introduced to the current Tier 1 Visa Application routes under the Statement of Changes to the Immigration rules HC1078.* ## Tier 1 Entrepreneur visa & Tier 1 Entrepreneur (Graduate) visa The Tier 1 (Entrepreneur) visa is one of the most common type of Tier 1 Visa Application and is specifically for business people looking to relocate to the UK to set up their business. This Tier 1 Visa Application category allows business people to either set up a new business or take over an existing business in the UK.  The fundamental requirements for a Tier 1 (Entrepreneur) visa are that you must have access to at least £200,000 and the funds must be held for a consecutive 90 day period and must be held in a regulated financial institution. In addition to this requirement, Applicant’s must also demonstrate that they meet the English Language requirements and are able to maintain and accommodate themselves in the UK. It is also important for Applicants to satisfy the Genuine Entrepreneur Test demonstrating that the Applicant is genuinely seeking to set up a viable business or take over an existing business. The Tier 1 (Graduate Entrepreneur) is available for graduates who have been officially endorsed as having a credible business idea.  Applicants must be endorsed by the Department for International Trade (DIT) and hold a UK recognised bachelor’s degree or PhD. ## Tier 1 (Exceptional Talent) visa The Tier 1 (Exceptional Talent) Visa Application route consists of two stages. Firstly it requires the Applicant to be endorsed by a Designated Competent body.  The Designated Competent Body will be responsible for assessing whether an individual reaches the appropriate level to be endorsed under the Tier 1 (Exceptional Talent) Visa Application route. Each Designated Competent Body covers a wide range of disciplines within their field.  The second stage consists of the Tier 1 (Exceptional Talent) Visa Application and you should prepare a well-prepared application ensuring all the requirements are met. ## Tier 1 (Investor) visa To submit a successful Tier 1 (Investor) Visa Application you must meet the following requirements: - Firstly Applicant is required to demonstrate that they have at least £2 million available to them in the UK. These funds must be held in a regulated financial institution and disposable in the UK. In addition to this the Applicant must have opened a UK bank account with a UK regulated bank with the purpose of investing at least £2 million.  The Applicant must have complete control over the funds and must not be from an investment fund. - Secondly, Applicants must not fall under the General Grounds for refusal and demonstrate that they are of good character. The Tier 1 Visa Application route also requires Applicants to provide a Tuberculosis test certificate if you are from one of the countries which fall under the Home Office list. Applicants are also required to obtain a criminal record certificate from any country they have resided in for 12 months or more in the last 10 years, confirming the Applicant has no criminal record. ## Statement of Changes to the Immigration rules HC1078 – Tier 1 (Entrepreneur) changes introduced The Following changes have been introduced under the Tier 1 (Entrepreneur) route: - An amendment to provide a clearer definition of “invested” funds; - Removing references to HM Revenue & Customs documentation which has been discontinued in light of self-assessment of self-employed earnings; - Clarifying the evidential requirements for applicants who have invested in a Limited Liability Partnership; and - Revising the specified evidence required to demonstrate that an entrepreneur’s employee has settled status in the UK (to satisfy the requirement for the applicant to create jobs for settled workers). ## Using Legal Representations to submit a successful Tier 1 Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on your Tier 1 Visa Application. It is possible to instruct an immigration and visa legal representative to submit a successful immigration application to the UK Home Office. A Tier 1 Visa Application can be complicated at times as the Home Office have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the process. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Advice from UK Immigration Solicitors on Submitting a successful Tier 1 Visa Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK Tier 1 Visa Application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about submitting a successful UK Tier 1 Visa application, please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # British Nationality Applications After ‘SF and Others’ – Case Study Source: https://immigrationandvisasolicitors.co.uk/british-nationality-sf-others/ *The case of SF and Others (Guidance, Post 2014 Act) Albania [2017] UKUT 120 ('SF and Others') was heard before the Upper Tribunal of the Immigration and Asylum Chamber in January 2017. An Albanian mother, who had entered the United Kingdom illegally, argued that she should be granted leave to remain as the primary carer of her British national child. The case is seen as a possible benchmark case for future [British nationality ](https://web.archive.org/web/20170426014947/https://immigrationandvisasolicitors.co.uk/british-naturalisation-application-routes/)applications involving British citizen children.* ** ** ## British Nationality: The Facts of SF and Others The appellants were three Albanian nationals, a mother and her two children, all whom had entered the United Kingdom illegally during 2012. The appellant’s husband was also an Albanian national, who had obtained indefinite leave to remain and later obtained British nationality by false representations. The mother gave birth to a third child whilst her husband had [indefinite leave to remain](https://immigrationandvisasolicitors.co.uk/indefinite-leave-remain/), and that child resultantly was of British nationality. The appellants were refused asylum claims and were subsequently served with notices that they were to be removed from the United Kingdom as illegal entrants. This decision was appealed to the First-tier Tribunal, on the basis that the first appellant was the primary carer of an EU citizen child. This appeal was rejected as a matter of jurisdiction, and was not pursued in the Upper Tribunal. What was pursued in the Upper Tribunal, however, was an argument that because of the [British nationality](https://immigrationandvisasolicitors.co.uk/home-office-nationality-checking-service/) of the youngest child, it would be unreasonable to expect that child to leave the United Kingdom – and that this unreasonable expectation has an impact on any decision that the appellants themselves should be removed. The Upper Tribunal considered 11.2.3 of the Immigration Directorate Instruction – Family Migration – Appendix FM, Section 1.0(B) “Family Life as a Partner of Parent and Private Life, 10 year Routes”. The Directorate states the following: > *"Save in cases involving criminality, the decision maker must not take a decision in relation to the parent or primary carer of a British Citizen child where the effect of that decision would be to force that British child to leave the EU, regardless of the age of that child. This reflects the European Court of Justice Judgment in Zambrano. Where a decision to refuse the application would require a parent or primary carer to return to a country outside the EU, the case must always be assessed on the basis that it would be unreasonable to expect a British Citizen child to leave the EU with that parent or primary carer.* > > > *In such cases it will usually be appropriate to grant leave to the parent or primary carer, to enable them to remain in the UK with the child, provided that there is satisfactory evidence of a genuine and subsisting parental relationship.* > > > *It may, however, be appropriate to refuse to grant leave where the conduct of the parent or primary carer gives rise to considerations of such weight as to justify separation, if the child could otherwise stay with another parent or alternative primary carer in the UK or in the EU.* > > > *The circumstances envisaged could cover amongst others:* > > > *1) criminality falling below the thresholds set out in paragraph 398 of the Immigration Rules;* > *2) a very poor immigration history, such as where the person has repeatedly and deliberately breached the Immigration Rules...[and] in considering whether refusal may be appropriate the decision maker must consider the impact on the child of any separation.* > > > *In considering whether refusal may be appropriate the decision maker must consider the impact on the child of any separation.* It was through reference to the above guidance that the judgement was made, and the appellants' appeal was successful. ## British Nationality: The Judgment of SF and Others The case ultimately turned not on the representations made for the appellant, but on the representations made for the Respondent. The Presenting Officer for the Secretary of State for the Home Department (SSHD) accepted that the case did not involve criminality, at least from the point of view of the relationship between the mother and her child of British nationality. It was also accepted that the conduct of the mother and her other children did not give rise to grounds serious enough to justify their separation. Furthermore, no consideration was given to there being another parent or alternative primary carer in the EU. The result of any decision to remove the appellants would be the separation of the child of British nationality from his mother and siblings, and it was held that, based on the guidance stated above, to do so would be unreasonable. Had the guidance the Presenting Officer brought to the court’s attention been properly applied to the appellants in the first instance, it was held that it would have resulted in them being granted leave in order to enable the child of British nationality to remain in the United Kingdom with them. Importantly, the judge also reinforced the importance of the immigration guidance in making decisions. Clear understanding of the guidance is a necessity for potential applicants and their legal representatives alike. The Upper Tribunal judgement can be found at: [SF and Others v SSHD LEXVISA Immigration Solicitors London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/04/SF-and-Others-v-SSHD.pdf). ## Using Legal Representation to Apply for British Nationality Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to apply for [British Nationality](https://immigrationandvisasolicitors.co.uk/register-british-citizen-eligibility/). Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for British Nationality [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Business Immigration Rules Update For Points-Based System Applications Source: https://immigrationandvisasolicitors.co.uk/business-immigration-rules-update/ *The Statement of Changes to the Immigration Rules HC1078, in effect from 6 April 2017, is the Home Office’s latest business Immigration Rules update. The rationale behind the Statement of Changes is to provide clarity to existing requirements for Tier 1, Tier 2, Tier 4 and Tier 5 visa applications, as well as make some minor amendments. Whilst the Statement of Changes is supplemented by an explanatory memorandum, successful applications will still require thorough knowledge of the Immigration Rules.     * ## Business Immigration Rules Update for Tier 1 (Entrepreneur) Visa Applicants The latest business Immigration Rules update set out in the Statement of Changes has given a clearer definition of “invested” funds in order to provide clarity to applicants, as well as the removal of references to HM Revenue and Customs documentation in light of self-assessment and self-employment. A minor change has also meant that the time for applicants to respond to requests for further information is now 28 working days as opposed to the 28 calendar days it was previously, and the latest business Immigration Rules update has ensured that the [Tier 1 (Entrepreneur) route](https://web.archive.org/web/20190320135000/https://immigrationandvisasolicitors.co.uk/overview-tier-1-visa-application-route/) is consistent with other categories in this respect. A positive announcement for Tier 1 Graduate Entrepreneurs is that the Secretary of State may allocate additional places to endorsing bodies by ad hoc request throughout the remainder year, rather than at a fixed point (30 September). ## Business Immigration Rules Update for Tier 2 Sponsor Licence Holders and Tier 2 Visa Applicants The changes to the Tier 2 category will have an impact on businesses which are Tier 2 sponsors. Annual updates are being made to the salary thresholds for experienced workers for the majority of new applicants and for indefinite leave to remain applications. The [salary threshold for experienced workers](https://immigrationandvisasolicitors.co.uk/tier-2-minimum-salary-requirement/) under the Tier 2 category has increased to £30,000, or the 'appropriate rate' if that is higher. This is partly to encourage businesses to reduce their reliance on migrant workers. This part of the business Immigration Rules update is based on the independent advice of the Migration Advisory Committee (MAC). ## Business Immigration Rules Update for Tier 4 Sponsor Licence Holders An applicant who is being sponsored entirely by a Government or international scholarship agency by means of an award which covers both fees and maintenance must now provide the unconditional written consent of the Sponsoring Government or agency and the specified documents that are set out in paragraph 245A. Additionally, the latest business Immigration Rules update states that loan funds for maintenance purposes are now to be paid directly to the educational institution in the UK, with the living costs portion to be given either prior to or on arrival to the UK. The reasoning for this is because loans paid directly to educational institutions are deemed to provide sufficient security and evidence that the student has the requisite means to support themselves while studying in the UK. ## Business Immigration Rules Update for Tier 5 Visa Applicants The Immigration Rules update also includes amendments in order to clarify the maximum grant periods for tier 5 temporary workers. There are requirements for sponsors of creative workers in the Creative and Sporting sub-category to comply with a recruitment code of practice, or take into account the needs of the resident labour market. This will be waived for creative sector jobs which appear on the Shortage Occupation List. As well as the changes noted above, the business Immigration Rules update will affect all the Points-Based System routes, with a new Regulated Qualifications Framework to be referred to instead of the current National Qualifications Framework, and the bank statements of certain Indian banks being deemed acceptable. The full Statement of Changes can be found at: [Statement of Changes to Immigration Rules LEXVISA Solicitors](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/04/Statement-of-Changes-1.pdf). The Memorandum to the Statement of Changes can be found at: [Memorandum to the Statement of Changes to Immigration Rules LEXVISA Solicitors](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/04/Statement-of-Changes.pdf). ## Using Legal Representation for Tier 1, Tier 2, Tier 4 and Tier 5 Visa Applicants Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 1, Tier 2, Tier 4 and Tier 5 application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 1, Tier 2, Tier 4 and Tier 5 Applicants [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Visa Success Story: Entry Clearance Spouse Visa granted Source: https://immigrationandvisasolicitors.co.uk/entry-clearance-spouse-visa-granted/ *We recently received the wonderful news that a client (the Applicant) had been **[granted Entry Clearance](https://immigrationandvisasolicitors.co.uk/success/) Spouse visa** to the UK as the Spouse of a British citizen who is present and settled in the UK. In our initial consultation with the Applicant and her partner, we had explored the options available to the couple as they were undecided whether they would like to apply for a UK Fiancée visa and get married in the UK or get married in Japan and subsequently apply for a Spouse Visa. * ## The case for Entry Clearance as a spouse The Applicant was a Japanese national residing in, Bangkok, Thailand and began dating shortly after. Over the course of their relationship, the Applicant and Sponsor regularly visited each other and integrated with each other’s families and friends. The couple were in a relationship for over 7 years before they married in Japan. From the onset, our solicitors had advised the Applicant that of the requirements.  The Applicant instructed us to prepare and assist with the submission of her application. The Applicant also informed us that she may opt for the Visa Priority Service which is generally used in clear-cut applications where there are no potential issues. ## Entry Clearance Spouse Visa vs UK Fiancé visa We often receive enquiries from Clients asking whether they should apply for a UK Fiancé visa or UK Spouse Visa not knowing the difference. The Fiancé Visa should not be mistaken with the [UK Spouse Visa](https://www.gov.uk/marriage-visa/overview) whilst the requirements may be similar they have different purposes. The key difference between the two visas is that the Fiancé visa requires you to provide evidence to demonstrate that you intend and have planned to get married in the UK within 6 months from the date your visa being granted. Whereas with an Entry Clearance Spouse visa you must demonstrate that you are already legally married and wish to enter the UK to settle with your British national partner who is present or settled in the UK. The purpose of the UK Fiancé visa is to enable Applicants to enter the UK to marry each other for an initial period of 6 months and then subsequently apply for Spouse Visa within the UK. If you are granted a Fiancé Visa you will not be permitted to work and your visa could be revoked by the Home Office if you are found in breach of your visa conditions. An Entry Clearance Spouse visa is for Applicants who decide to marry overseas and intend to settle together in the UK. Applicants who are granted an Entry Clearance Spouse visa can join their British citizen partner and can apply to work in the UK. To submit a successful application it is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. ## Eligibility Requirements for a successful Entry Clearance Spouse Visa Application To submit a successful Entry Clearance Spouse Visa you must be meet some of the following requirements: - You must be in a genuine and subsisting marriage with a British citizen, a person present and settled in the UK or someone who is in the UK with refugee leave or with humanitarian protection; - You must intend to reside with your spouse permanently; - You must have suitable accommodation for yourself, your spouse and any dependants; - You must meet the financial requirements (i.e. have enough money to support yourself, your spouse and any dependants without recourse to public funds); and - You must satisfy the English language requirements. If you are granted a spouse visa, you will be given leave to enter in the UK for 30 months after which you can apply for further leave to remain. ## How we can assist submit a successful Entry Clearance Spouse Visa Application Our solicitors successfully guided the Applicant through the application process and prepared outstanding legal representations which focussed on how the Sponsor satisfied the financial threshold requirement of £18,600. Our solicitors had to work closely with the Applicant and Sponsor to ensure they were able to collate all the mandatory documents required for the Applicant’s application. It was essential that a properly executed application that met all the requirements was submitted as the couple had already planned the Applicant’s visit to the UK. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her documents to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with the online visa application form and the financial requirements form. ## Advice from UK Immigration Solicitors on Submitting a successful Entry Clearance Spouse Visa Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK Spouse Visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about submitting a successful UK Spouse Visa application, please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # Individual Immigration Rules Update For UK Visa Applications Source: https://immigrationandvisasolicitors.co.uk/individual-immigration/ *The [Home Office Statement of Changes to the Immigration Rules HC1078](https://web.archive.org/web/20190320134603/https://immigrationandvisasolicitors.co.uk/business-immigration-rules-update/) which was enforced on 6 April 2017 is the latest Individual Immigration Rules update. Changes introduced include relate to family and private life. This Statement of Changes is supplemented by an explanatory memorandum to assist in the understanding of some of the reports complexities; however successful applications will still require guidance by our expert Immigration Solicitors. * ## Individual Immigration Rules Update Relating to Tier 4 Visa Applicants The latest individual Immigration Rules update has brought many changes to the [Tier 4 Points Based System](https://immigrationandvisasolicitors.co.uk/future-tier-4-students-brexit/). This is the route used by non-EEA nationals who are wishing to study in the UK. Tier 4 consists of two categories, Tier 4 (General) and Tier 4 (Child). One of the changes that have been made to Tier 4 are that Tier 4 (General) applicants and Tier 4 (Child) applicants who are under the age of 18 must provide confirmation from a parent or guardian that they consent to the arrangements for the child’s travel to, and reception and care in the UK.   The amendment is being made to require evidence of the relationship between the applicant and the person providing consent. Moreover, under Tier 4 (General), all applicants aged 16 and over are required to verify to the Secretary of State that they are a genuine student.  To ensure consistency between the routes, an amendment is being made to Tier 4 (Child) to apply the Genuine Student Rule to those applicants who are aged 16 and over. A minor change in the individual Immigration Rules update relating to Tier 4 applicants is that the language has been simplified when referring to an applicant’s valid passport. An amendment has also been made to clarify that where an applicant is applying for leave to undertake an intercalated Bachelor’s or Master’s degree course or PhD where they are studying Medicine, Veterinary Medicine and Science, or Dentistry as their principal course of study, or to complete their principal course, having completed a period of intercalation, they are exempt from the requirement to show academic progression. With regards to applicants who have a younger sibling who is being accompanied by their parent(s) on the Parent of a Tier 4 (Child) route, a revision is being made to provide for the applicant to show maintenance on the basis that they will reside with their parent(s). ## Individual Immigration Rules Update Relating to Visitor Rules There have been amendments to visitor rules in the most recent Statement of Changes, to make clear that visit visas can be made at any post in the world that is designated by the Home Secretary to accept such applications. Appendix 5 to Appendix V of the Immigration Rules comprises a list of events that are Permit Free Festivals. Permit Free Festivals are events that are assessed as contributing to the cultural heritage of the UK and at which performers can, exceptionally, be paid for their participation as visitors. Visitors cannot normally receive payment from a UK source for any permitted activities which they carry out here. The list has now been updated for 2017/18 and is part of the individual Immigration Update. ## Individual Immigration Rules Update Regarding Private and Family Life Police Injury Pension has been added to the list of specified benefits received by the Sponsor, alongside the Armed Forces equivalents. This means that an applicant is exempt from the requirement to meet the minimum income threshold. In addition, the latest individual Immigration Rules update provides clarity to applicants who wish to enter the UK as a fiancé or proposed civil partner, to enable them to marry or form a civil partnership here must be free to marry or form a civil partnership at the date of application. It has also been clarified that a marriage in the UK must be recognised under Marriage Law in the relevant part of the UK. A minor change found in the individual Immigration Rules update is that Limited Leave to Remain that is granted to a child in line with the leave granted to their parent has been amended to be subject to the same condition as to recourse to public funds. ## Individual Immigration Rules Update Relating to Overstayers Amendments have been made to Paragraph 320(7B)(i) and Appendix V paragraph 3.9(a), which has reduced the period of overstaying which is permitted before a re-entry ban is imposed on those individuals who have remained in the UK after their Leave to Enter or Leave to Remain has expired. Previously, anyone who had overstayed for more than 90 days was subject to a 12 month re-entry ban; however the amendment means it has now been reduced to 30 days which is a key individual Immigration Rules update. ## Using Legal Representation for Individual Immigration Visa Applications Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an individual application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. The full Statement of Changes can be found at: [Statement of Changes to Immigration Rules LEXVISA Solicitors](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/04/Statement-of-Changes-1.pdf). The Memorandum to the Statement of Changes can be found at: [Memorandum to the Statement of Changes to Immigration Rules LEXVISA Solicitors](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/04/Statement-of-Changes.pdf). ## Successful Individual Immigration Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # Importance of submitting a Valid UK Visa Application Source: https://immigrationandvisasolicitors.co.uk/valid-uk-visa-application/ *Following on from our recent articles in relation to the [Home Office Statement of Changes to the Immigration Rules HC1078](https://web.archive.org/web/20190320134603/https://immigrationandvisasolicitors.co.uk/business-immigration-rules-update/) that was implemented on 6 April 2017.  The recent changes have introduced new rules regarding the status of multiple pending applications submitted to the Home Office and the importance of a submitting valid UK Visa Application. In order to ensure that you submit a valid UK Visa Application, you would need to thoroughly check that the application form has been fully and accurately completed and that its contents meet the requirements of the Immigration Rules and Procedures.    * ## Submitting a valid UK  Visa Application to the Home Office One important change brought about by the implementation of HC1087 on 6 April 2017 is the status of multiple applications being submitted simultaneously. It is important to note that Applicants who meet multiple Immigration rules cannot under no circumstance submit multiple applications. If you have submitted a valid UK Visa Application and decide you no longer wish to peruse with the application then you should officially request the Home Office to withdraw your application before submitting a subsequent application. If you submit multiple applications on the same day, the Home Office will refuse all applications submitted as invalid. The changes under HC1087 are directly incorporated within Part 1 of the Immigration rules at paragraph 34BB, which states the following: *"Multiple Applications”* *(1) An applicant may only have one outstanding application for leave to remain at a time.* *(2) If an application for leave to remain is submitted in circumstances where a previous application for leave to remain has not been decided, it will be treated as a variation of the previous application.* *(3) Where more than one application for leave to remain is submitted on the same day then subject to sub-paragraph (4), each application will be invalid and will not be considered.* *(4) The Secretary of State may give the applicant a single opportunity to withdraw all but one of the applications within 10 working days of the date on which the notification was sent. If all but one of the applications are not withdrawn by the specified date each application will be invalid and will not be considered.* *(5) Notice of invalidity will be given in writing and served in accordance with Appendix SN of these Rules."* If you have submitted multiple applications on the same day you should immediately contact the Home Office and inform the relevant department of which application you wish for them to consider. It is important you do this with the correct legal guidance as you may only have one opportunity. ## An invalid UK Immigration Application may adversely impact on a future Valid UK Visa Application If you do not submit a valid UK Visa Application or the Home Office refuse your application on the basis that you had multiple applications pending this may adversely affect your immigration history. The Home Office are more likely to scrutinise and closely examine your application where an Applicant has adverse immigration history and it is possible that your application may be refused on Suitability grounds. Therefore, it is of essential importance that you commence preparations for submitting a valid UK Visa Application well in advance of any impending visa expiry and take the appropriate legal advice to ensure that you are submitting a valid UK Visa Application that meets the requirements of the Immigration Rules and Procedures. ## Using Legal Representation for a Valid UK Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an individual application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. The full Statement of Changes can be found at: [Statement of Changes to Immigration Rules LEXVISA Solicitors](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/04/Statement-of-Changes-1.pdf). The Memorandum to the Statement of Changes can be found at: [Memorandum to the Statement of Changes to Immigration Rules LEXVISA Solicitors](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/04/Statement-of-Changes.pdf). ## Successfully submitting a valid UK Visa Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Article 8 ECHR Proportionality Test: Supreme Court Finds Maintaining Immigration Control Trumps Article 8 ECHR Source: https://immigrationandvisasolicitors.co.uk/article-8-echr-proportionality-test/ *A significant judgement was made in the case of Mohammed Butt v Secretary of State for the Home Department [2017] EWCA Civ 184, which brought into question the Judge’s Article 8 ECHR proportionality test. The Upper Tribunal (“UT”) dismissed the Applicant’s appeal against the decision to reject both his claim for Asylum and Leave to Remain application on the basis that the balance of the public need and interest of effective immigration control can outweigh the right to Private and Family life under Article 8 of the European Convention on Human Rights (“ECHR”).* ## Article 8 ECHR Proportionality Test: Background of Mohammed Butt v SSHD The Applicant appealed the UT decision to refuse his claim for asylum for himself and his wife. The Applicant arrived in the United Kingdom on 7 July 2004 along with his wife and two adult daughters with entry clearance which expired on 12 August 2004. The family did not make an attempt to regularise their status in the United Kingdom for over 8 years until February 2012, whereby they applied for Leave to Remain on human rights grounds, citing Article 8 ECHR. This application was rejected on 20 November 2012, yet the appeal by the daughters was allowed on the grounds of Article 8 ECHR. The parents made a further appeal, which was then rejected on the basis of an Article 8 ECHR proportionality test in respect of the need for effective immigration control. ## Article 8 ECHR Proportionality Test: The Grounds for the Decision The reason for the rejection of the Applicant and his wife’s appeal to the Upper Tribunal was that they had failed to regularise their status in the UK for over 8 years, resulting in an adverse immigration history. The Applicants’ reason for not doing was that they claimed they were acting on poor advice given to them, and that they received threats from Pakistan which included threatening phone calls. This was not accepted by the Upper Tribunal. The appeals of the daughters, however, were accepted based on Article 8 ECHR, as the Judge deemed that they are “young people likely to make a positive contribution to the UK economy and the retention of their skills is in the public interest would be a real benefit to the United Kingdom”. In this instance, then, the Article 8 ECHR proportionality test found in favour of the daughters. Disputing the judgement, the Applicant argued that the Judge had not considered the effect of the removal of himself and his wife on his two daughters. Due to the closeness of their family; partly because to their religion, they submitted that the upset and distress of the separation may have an adverse effect on the adult daughters’ abilities to perform well professionally as they seek constant reassurance and support from their parents. However, it was argued that the Adult Dependent Relatives would soon need to lead independent lives away from the family home, pursuing work, education and even marriage. The Judge’s conclusion in this case was that the emotional trauma of the adult daughters arising from separating them from their parents does not outweigh the public interest of immigration control. ## Article 8 ECHR Proportionality Test: The Impact on Applications and Appeals Applications or appeals involving Article 8 ECHR proportionality test can be highly fact sensitive, and unusual or exceptional facts in a case can possibly bring success. Exceptional circumstances that balance consideration of private and family life under Article 8 ECHR could successfully challenge the decision so it is essential to seek professional legal advice when submitting applications and appeals. ## Using Legal Representation for Applications Involving Article 8 ECHR Proportionality Test Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative in cases involving the Article 8 ECHR proportionality test. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Applications Involving Article 8 ECHR Proportionality Test [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Asylum Appeal Fast Track Service Source: https://immigrationandvisasolicitors.co.uk/asylum-appeal-fast-track-service/ *In the name of efficiency, the Government is planning on implementing a new Asylum Appeal Fast Track Service, which will reintroduce time limits for the appeals of detained asylum seekers and foreign criminals. The Government believes that this will be better for detainees, as it will speed up their Asylum Appeal and result in them spending less time in detention, and will also reduce the burden on the public purse. How it is to be implemented in an understaffed and overworked judicial system is yet to be seen.* ## What was the Previous Process for an Asylum Appeal? Until 2015, the Home Office operated a Detained Fast Track system that was supposedly in place to allow an Asylum Appeal to be speedily expedited. The system entailed asylum seekers being detained whilst their claims were assessed, in order that they did not abscond. This led to the Home Office facing challenges in the High Court and ultimately the Court of Appeal over the legality of enforcing these detentions, and it was held by the Court of Appeal that the Detained Fast Track System was indeed unlawful. The Detained Fast Track System was believed by the Courts to contain ‘structural unfairness’ and risks as to the safeguards for vulnerable applicants who entered the system. An Asylum Appeal would be assessed under the Detained Fast Track System if caseworkers thought that the appeal could be decided quickly, but those applicants who had suffered human rights abuses, or who had complex cases, were denied the time required to present their case in a cogent manner. The procedures in the system were thus judged to not be as fair as they should be, and the Detained Fast Track System was at first put under a ‘legal stay’, before being scrapped. ## What is the New Process For an Asylum Appeal? The Government now plans, however, to reintroduce time limitations for an Asylum Appeal made by detained asylum seekers and foreign criminals. The procedures that weakened the previous system will be strengthened with a case management review system and further powers for judges, which should increase the safeguards that were previously lacking. The Government also hopes to introduce a cap of 25 to 28 days between the initial decision and the conclusion of the appeal, thus reducing the time frame necessary for an Asylum Appeal. The Government hopes that the implementation of their proposals will see improvements in the conditions for detainees, as a cap on the processing time for appeals will result in their detention time being reduced. An Asylum Appeal can take a long period of time to conclude, and the Government hopes that by introducing a cap on waiting time the burden on the public purse will also reduce. On an immigration enforcement note, however, the Government also believes that having faster processing times for each Asylum Appeal will ultimately result in foreign criminals and failed asylum seekers being deported or removed faster than they currently are, and that their new proposals will prevent the Asylum Appeal system from being exploited. ## Using Legal Representation to make an Asylum Appeal in the United Kingdom Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make an Asylum Appeal. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully make an Asylum Appeal in the United Kingdom [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Post-Brexit Fashion Industry: EEA Nationals should sort out or lose out Source: https://immigrationandvisasolicitors.co.uk/post-brexit-fashion-industry/ *The Post-Brexit Fashion Industry prides itself on its multiculturalism; statistics show that the UK imports over 60% of its clothes from outside the UK with the vast majority of its designer imports coming from EU member state countries such as France, Spain and Italy. Following Brexit, there are major concerns for the large retailers such as Louis Vuitton, Gucci, Christian Dior SE and Zara as most of the leading fashion outlets working in the UK facing potential dire restraints and cutbacks following Brexit and their specialist workforce may be unaware of such restraints and cutbacks. It is important EEA nationals working in the UK Fashion Industry to sort out their immigration status in the UK or risk losing out following completion of the Brexit process.  * ## Status of EU workers in the Post-Brexit Fashion Industry There is a multitude of uncertainty across the UK Fashion Industry and the potentially significant adverse impact against the Fashion Industry if its specialist workforce fail to sort out their immigration status in the UK and risk bring the UK Fashion Industry to a downturn. In particular, Prime Minister Theresa May has started Brexit Negotiations and has recently met the European Commission president Jean-Claude Juncker and European Council President Donal Tusk informing the pair that she will push for the best interests of the UK and will not be bullied into accepting unfavourable terms. The Prime Minister’s reluctance to safeguard the future of EEA national’s exercising their treaty rights in the UK has left top fashion retailers concerned about the impact of Brexit to their trade.  The main concerns are in relation to the free movement of labour and goods. The current UK legislation incorporates the fundamental principles of the EU allowing free movement of labour and goods. EU citizens are entitled to enter any member state country to work without any immigration restrictions. However, it is uncertain whether the Prime Minister proposes to negotiate free movement of labour and goods allowing EEA nationals to continue to enter the UK to work. There is also uncertainty about the status of EEA national workers working in the Fashion Industry who are already working in the UK for their respective employers. EEA nationals are advised to act and regularise their status in the UK. ## EEA Family Permit & Permanent Residence Card for Post-Brexit Fashion Industry Experts One of the most common EEA applications is the [EEA Family Permit](https://web.archive.org/web/20161229234146/https://immigrationandvisasolicitors.co.uk/uk-visa-success-story-eea-family-permit-granted/), which is designed for non-EEA citizens who wish to join their EEA national spouse or partner in the United Kingdom. In order to make an application for this particular EEA residence document, the EEA national needs to already be in the United Kingdom, exercising their treaty rights as a qualified person. This means that they need to be either working, looking for work, self-employed, studying or self-sufficient. EEA nationals you have been living in the UK for a period of 5 years exercising Treaty Rights you may be eligible to apply for a document certifying their permanent residence in the UK. Once an EEA national has acquired permeant residence he can then apply to Naturalise as British Citizen. ## Using Legal Representation for Post-Brexit Fashion Industry Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to apply for an EEA residence document or Family Permit. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Post-Brexit Fashion Industry Visa Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Challenging Extradition from the UK Source: https://immigrationandvisasolicitors.co.uk/challenging-extradition-human-rights/ *Extradition is the formal process where one country asks another country to return a person to them so that they can stand trial or serve a sentence. There are two separate arrest warrants which may be issued which would depend on the territory category. Challenging extradition from the UK can be very complex and expert legal representation from solicitors and barristers to guide you and represent you throughout the Extradition process is essential.  * ## What is Extradition? The process of Extradition takes place when a person is accused or convicted of a crime in a foreign country, where they are required to stand trial or face punishment. A number of countries have an extradition agreement with the UK allowing for Extradition to take place from the UK, however even where a country does not have an extradition agreement with the UK, it may still be possible for an individual to be extradited from the UK in such circumstances. Providing that there are no bars to the Extradition taking place, there usually limited grounds to prevent an individual being extradited from the UK. However, the factors surrounding the Extradition and the reasons given in the Extradition request would need to be carefully considered by lawyers to prepare a successful challenge to an individual being extradited from the UK. ## Extradition To Category 1 And Category 2 Territories If a person is in an EU country and is being extradited to another EU country, then they will be issued with a European Arrest Warrant (EAW). Legislation relating to EAWs can be found under Part 1 of the Extradition Act 2003. EU countries are also referred to as category 1 territories. The extradition hearing should begin within 21 days of the arrest, after the person has been brought before a District Judge at the Magistrates Court. The judge must be satisfied that the conduct which was outlined in the warrant amounts to an extradition offence and that none of the bars to extradition apply. The judge must also take into consideration the human rights of the person and whether extradition would be proportionate and compatible.  Any appeals must be made to the High Court within 7 days of the relevant decision being made. An appeal to the Supreme Court may only be made in exceptional circumstances. Category 2 territories refer to countries outside of the EU.  The use of international arrest warrants and can be found under Part 2 of the Extradition Act 2003. Extradition requests from these territories require decisions from both the courts and from the Secretary of State. ‘Special extradition arrangements’ may also be made to the International Criminality Unit (ICU) if the UK has no extradition arrangement or treaty with that particular territory. ## The Extradition of UK Nationals As a matter of policy, the UK will extradite its own nationals, as long as there are no bars to exemption which may apply. Whilst the EAW has been a valuable law-enforcement instrument, there have many headlines in recent years have reported the injustices for British citizens who have been extradited to countries such as Romania and Bulgaria, whose legal systems cannot be seen as fair and free from corruption. Therefore, without correct legal representation, people’s human rights may be being violated within a society which is meant to protect them. To challenge Extradition from the UK can involve several stages: - Bail Application stage: This would involve successfully representing and/or negotiating the individual's release on bail; - Review and Preparing Challenge to Extradition Request: This would involve careful preparation and analysis of the reasons provided in the Extradition request and whether any of the Bars to Extradition apply. These will also often involve numerous Human Rights considerations, which may be infringed as a result of the practice and law of the foreign country the individual is being extradited to. - Extradition hearing: This would involve successfully representing and/or negotiating against the individual's extradition from the UK. The above stages would require careful and thorough consideration by specialist Extradition solicitors and barristers who can guide you and represent you throughout the entire Extradition process. ## Using Legal Representation to Successfully Challenge Extradition from the UK Using legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an extradition case. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Challenging Extradition from the UK [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # EEA National Children Case Study: Capparrelli (EEA Nationals – British Nationality) [2017] UKUT 162 (IAC) Source: https://immigrationandvisasolicitors.co.uk/eea-national-children/ *Under the Home Office’s Nationality Instructions, [EEA Nationals](https://immigrationandvisasolicitors.co.uk/brexit-countdown-begins/) resident in the United Kingdom since 2 October 2000 were treated as being “settled”, meaning that EEA National children born in the United Kingdom would automatically be considered to be British for the purposes of the British Nationality Act 1981. The ruling in Capparrelli (EEA Nationals – British Nationality) [2017] UKUT 162 (IAC) now suggests that this Home Office policy is wrong, and that EEA National children who have been recognised as British Nationals under the policy are in fact not British. * ## EEA National Children: Background of Capparrelli (EEA Nationals – British Nationality) Case The Appellant, Capparrelli, was born in the United Kingdom in 1986 to Italian parents, who subsequently married after his birth. The family lived in Germany from 1989 to 1997, after which the Appellant lived continuously in the United Kingdom. It was found that the Appellant’s parents were both ordinarily resident in the United Kingdom at the time of his birth, and that he had been resident in the United Kingdom from the period of 1997 to 2010 without any unlawful breaks. With respect to the Home Office’s Nationality Instructions regarding EEA National children, and in the view of the First Tier Tribunal, the Appellant was a British citizen. Between 2004 and 2012, the Appellant was convicted of a series of criminal offences, mainly offences against the person and breaches of community orders. In 2011, the Appellant was sentenced to two years in prison having been convicted of assault occasioning actual bodily harm, criminal damage and harassment. The Appellant was then convicted of rape in 2012, which led to the Secretary of State issuing a deportation order. The Appellant appealed this decision on the grounds that he was in fact British, and the deportation order was overturned by the First Tier Tribunal. The Home Office challenged this decision, and the Upper Tribunal found in their favour; despite seemingly meeting the requirements in the Nationality Instructions, it was held that the Appellant was not in fact British, and that he could indeed be deported. ## EEA National Children: The Grounds for Decision in the Capparrelli (EEA Nationals – British Nationality) Case The decision was ultimately made on the basis that the Home Office’s Nationality Instructions policy was not able to supersede the statutes of the British Nationality Act 1981, and that the wording of those statutes does not refer to EU Freedom of Movement – under which the Appellant’s parents were settled in the United Kingdom. When making reference to person settled in the United Kingdom, section 1(1) the British Nationality Act 1981 states that: > *“Subject to subsection (3), references in this Act to a person being settled in the United Kingdom or in a British overseas territory are references to his being ordinarily resident in the United Kingdom or, as the case may be, in the territory without being subject under the **immigration laws** to the restriction on the period for which he may remain.” *(Emphasis added) The Judge in the Capparrelli case held that the phrase ‘immigration laws’ did not refer to EU Freedom of Movement, and that the law to which the phrase ‘immigration laws’ referred ought, in fact, to be confined to laws made by the Parliament of the United Kingdom. In the Judge’s view, there are no clear words in the statute to the effect that the meaning of ‘immigration laws’ ought to be extended to include the provisions of EU law. The Judge held, therefore, that the Appellant’s parents were not considered to have been ordinarily resident in the United Kingdom, and the Appellant was therefore able to be deported as he was not a British citizen. ## The Impact on EEA National Children The immediate impact on [EEA National](https://immigrationandvisasolicitors.co.uk/uk-naturalisation-eea-nationals/) children who were born in the United Kingdom before 2 October 2000 is whether they will be able to retain their British citizenship, as the decision in the Capparrelli case would appear to invalidate their status. The other potential impact on EEA National children born in the United Kingdom is if neither of their parents was British or settled in the United Kingdom at the time of birth. It is possible that these children may be able to retain their British citizenship, but this is still far from a certainty. It is not only EEA National children whose status is in question due to the decision. It can be inferred from the judgment that all Residence in the United Kingdom under EU law is at risk of being invalidated. Permanent Residence, for example, is a result of EU law, and has not been made by the Parliament of the United Kingdom; should the decision in Capparrelli be upheld, then all Permanent Residence and Naturalisation applications would be invalidated, causing chaos to the lives of thousands. Clearly, upholding the decision in Capparrelli is not something that will be taken lightly. The Upper Tribunal Decision can be found at: [Capparrelli (EEA Nationals - British Nationality) LEXVISA Immigration Solicitors London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/05/Capparrelli-EEA-Nationals-British-Nationality.pdf). ## Using Legal Representation to Apply for British Citizenship as the Child of an EEA National Settled in the United Kingdom Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to apply for British Citizenship as the child of an EEA National settled in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for British Citizenship as an EEA National Settled in the United Kingdom [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Applying for Indefinite Leave to Remain with Absences and Criminal Convictions Source: https://immigrationandvisasolicitors.co.uk/indefinite-leave-remain-2/ *If you have been residing in the UK legally for a period of [10 years](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) you may be eligible to apply for indefinite leave to remain (ILR) in the UK, under [Paragraph 276 ](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-7-other-categories)of the Immigration rules. The indefinite leave to remain application is popular for many non-European nationals as it allows Applicants to remain in the UK without any time restrictions and to apply to[ Naturalise](https://immigrationandvisasolicitors.co.uk/apply-british-citizenship-naturalisation-lexvisa/) as a British Citizen. If you would like an assessment to see whether you are eligible to apply for indefinite leave to remain, you can contact us for a [free case assessment](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).     * ## Eligibility for Indefinite Leave to Remain in the UK Indefinite Leave to Remain is granted to Applicants who can demonstrate that they have resided in the UK legally for a continuous period of 10 years.  However, in addition to the continuous residence requirement Applicants are required to show that they have settled and integrated into the UK way of life and are required to pass a life in the UK test. The Immigration rules are complex and it is advised that all Applicants seek legal advice before submitting an Indefinite Leave to Remain application as a Home Office refusal would have a detrimental impact on future applications and more importantly future Naturalisation applications. There are [other avenues](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) open to Applicants to apply for Indefinite Leave to Remain. The eligibility requirements for Indefinite Leave to Remain can be found in Paragraph 276 of the Immigration rules. At the time of the application, Applicants must satisfy the following: - Applicants must have been resident in the UK legally for 10 years (holidays are permitted but the absences must not exceed 540 days); - Applicants must have been residing in the UK in accordance with their visa restrictions, if Applicants are in breach any of their visa restrictions this will have to be mitigated in your application with a valid explanation; and - Applicants are required to pass the Life in the UK test and must demonstrate they have sufficient knowledge of the English language. However, Applicants who do not meet the eligibility requirements for an Indefinite Leave to Remain application can apply to extend their visa and can apply for Indefinite Leave to Remain at a later stage. ## Apply for Indefinite Leave to Remain with excessive Absences and Criminal Convictions The 10-year qualifying period starts from the date you arrive in the UK or the date you were given permission to stay in the UK. Applicants must be cautious when travelling abroad because to submit a successful indefinite leave to remain application they cannot have more than a total of 540 days outside the UK for the continuous period. In addition to this Applicants cannot be outside the UK for more than 180 days at any one time. If an Applicant has spent more than 540 days outside the UK or more than 180 days at any one time you may not be considered to have continuous residence as there may be a break in residency in the UK. Whilst you may not meet the residence requirement, it still may be possible to submit a successful Indefinite Leave to Remain application, if there are compelling and exceptional circumstances surrounding your residency, we can assist by submitting strong legal representations explaining the excessive absences. Your continuous residence may also be broken if you have spent time in a prison or young offenders institution. If you have a criminal conviction you may not be eligible to apply for Indefinite Leave to Remain as you may not meet the suitability requirements. If you have any doubts in relation to whether you meet the requirements for indefinite leave to remain, you can contact us for a [free case assessment](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). ## Using Legal Representation for a successful Indefinite Leave to Remain Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a successful Indefinite Leave to Remain application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Indefinite Leave to Remain Applications with a view to Naturalisation [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # The Barista Visa May Be a Saviour for Lower-Skilled EU Workers in the UK post-Brexit Source: https://immigrationandvisasolicitors.co.uk/barista-visa-lower-post-brexit/ *The [Barista Visa](http://news.sky.com/story/brexit-barista-visas-plan-could-allow-workers-two-years-in-uk-10840556) May Be a Saviour for Lower-Skilled EU Workers in the UK post-Brexit. In a bid to tighten EU immigration, the Home Office has been more selective in deciding who has the right to work in the UK. However, this could be seen to be discriminating against lower skilled workers in industries such as hospitality and retail. By subjecting these workers to more unfair and selective treatment and with the uncertainty of Brexit, the future for EEA nationals working these lower skilled jobs in the UK seems bleak. Yet, it has been reported that the UK government is considering special visa arrangements for EU nationals seeking lower-skilled jobs, which has been dubbed the ‘Barista Visa’.* ## What Is The Proposed Barista Visa? The proposed Barista Visa would work in a similar way to the [Tier 5 Youth Mobility Scheme Visa](https://immigrationandvisasolicitors.co.uk/tier-5-temporary-workers-yms/) which sponsors young people aged 18 to 30 to live and work in the UK for a maximum stay of two years. The countries which currently participate in the Tier 5 Youth Mobility Scheme are Australia, Canada, Japan, New Zealand, Monaco, Taiwan and Republic of Korea. Therefore the Barista Visa would extend the countries participating in the Tier 5 Youth Mobility Scheme to enable young EU lower-skilled workers to come to the UK and work in the hospitality sector, even after Brexit, on a short term stay of no more than two years. During that time they would not be able to claim benefits or free housing but would be able to still experience and enjoy British life. Employers may favour the Tier 5 Youth Mobility Scheme visa over Tier 2 visas largely because it is free from the financial requirement of [hiring under Tier 2](http://www.davidsonmorris.com/tier-2-visa/), especially since the minimum salary threshold has been raised to £30,000. Hence, the Barista Visa would be an extension of Tier 5 Youth Mobility Scheme visa rather than Tier 2 visa because it would be for those who would be on a lower income than those with degrees or in higher skilled jobs. ## What Would Be The Significance Of The Barista Visa?   Approval of the Barista Visa would be a significant decision for the UK hospitality industry. It is well known how much we Brits enjoy our coffee in the morning, yet the majority of workers who are found in coffee chains are EEA nationals. Statistics show that around 65% of Pret-A-Manger staff are from other EU countries and only 1 in 50 of their job applicants are British. The Home Office states that this is because it is easier to bring in workers from overseas rather than to train people from the UK. Also, British citizens seem to be more unwilling to apply for lower skilled jobs compared with EEA nationals. Home Secretary Amber Rudd may be giving serious consideration of the idea of the Barista Visa, which was proposed by Lord Andrew Green who is the chairman of [Migrant Watch UK](https://web.archive.org/web/20200709030341/https://www.migrationwatchuk.org/media-reports). Speaking about his plans he said; >  *"We can meet the needs of pubs and restaurants and maintain our links with young Europeans by allowing them to come for a strictly limited period of two years to work"*. Therefore the significance of the Barista Visa being approved by the UK Home Office is that EEA nationals who are already at the fury end would suffer less discrimination and would offer them a fair opportunity to live and work in the UK. ## Using Legal Representation to Submit a Tier 5 Youth Mobility Scheme Visa Application Whether or not these proposals go through remains to be seen, but should it be approved, it would be advised to use legal representation in submitting this or any visa application. Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit a visa application and advise you on the whole process. Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Visa Applications from LEXVISA London Immigration Solicitors Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. LEXVISA is based in the legal epicenter of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our contact form. --- # Asylum & Article 8 ECHR Case Study – Article 8 ECHR may be engaged in Asylum Claims Source: https://immigrationandvisasolicitors.co.uk/asylum-article-8-echr-case-study/ *In the case of [SXH v CPS](https://www.supremecourt.uk/cases/docs/uksc-2014-0148-judgment.pdf), the Supreme Court considered* *the Appellant's Asylum & [Article 8 ECHR](http://www.legislation.gov.uk/ukpga/1998/42/schedule/1/part/I/chapter/7) claim** whether the Crown Prosecution Service’s (CPS) decision to prosecute the Appellant who had entered the UK illegally would be in breach of her Article 8 ECHR right. The Supreme Court upheld the High Court and the Court of Appeal’s decision in dismissing the Appellant’s appeal. It was held by the Supreme Court that the decision to prosecute for an immigration related offence did not amount to a breach of the Appellant's Article 8 ECHR right.  The CPS were satisfied that they had considered the proportionality test and there was the evidential evidence at the time of their decision**. The Supreme Court judgement did suggest that there was a possibility that unreasonable delay in the continuation of the decision to prosecute may constitute an interference with Article 5 ECHR and consequently Article 8 ECHR. However, the Supreme Court did not elaborate on this point any further as this was not the central issue before the Supreme Court and the point was raised by the Appellant in oral submissions and not pleaded to allow the Secretary of State sufficient opportunity to respond*.* **   * ## SXH v Crown Prosecution Service –  Appellant's Case in her Asylum & Article 8 ECHR claim The Appellant was born in Somalia and was part of a minority group. The Appellant's family were victims of severe violence and as a result, both her parents were murdered. The Appellant was raped and also beaten in Somalia. As a result of the violence and danger to her life, the Appellant fled Somalia and travelled to Yemen in December 2008 and later travelled to Holland. The Appellant travelled to the UK on 27 December 2009 using a false passport. On arrival, the Appellant was questioned about her false passport and she subsequently claimed Asylum. Following her Asylum interview, the Appellant was arrested on suspicion of using a false travel document under Section 25 (1) of the [Identity Cards Act 2006](https://web.archive.org/web/20190226231239/http://www.legislation.gov.uk:80/ukpga/1999/33/section/31) (“2006 Act”). The CPS were satisfied that they had considered the evidential test and there was a basis to pursue criminal proceedings against the Appellant. The CPS also considered the public interest factors and decided that it was in the best interest of the public to prosecute anyone who commits a criminal act and therefore there were grounds to prosecute. The CPS was in the view that the Appellant could not rely upon the Section 31 defence under the Immigration and Asylum Act 1999 (“1999 Act”) as the Appellant had spent a year in Yemen. The Appellant was granted Asylum on 10 June 2010 and the CPS concluded they would no longer pursue criminal proceedings against the Appellant as it was not in the public interest. Following the grant of the Appellant’s Asylum application, she brought proceedings against the CPS, Home Office and the police for damages on *inter alia* that her Article 8 ECHR right had been breached. The Appellant’s claims were dismissed by the High Court. The Appellant appealed the High Court’s decision but the Court of Appeal upheld the original decision and dismissed the appeal on the basis that Article 8 ECHR had not been engaged. The Court of Appeal held that the offence of travelling on a false travel document was not an exercise of an Article 8 ECHR right. The Appellant then appealed to the Supreme Court and the appeal was unanimously dismissed. It was held that the CPS was reasonably entitled to proceed with prosecution as the evidential test was satisfied. ## SXH v Crown Prosecution Service –  Supreme Court Decision on Asylum & Article 8 ECHR claims The Supreme Court judgement has made the position clear if an individual has committed an immigration related offence they can be prosecuted and that such offence does not engage any protection under Article 8 ECHR. Consequently, the Appellant's appeal to the Supreme Court was dismissed on all counts. However, the Supreme Court held that Article 8 ECHR may be engaged in circumstances where the CPS have failed in its ongoing duty to review the prosecution of the Appellant and have caused unreasonable delay in the continuation of their decision to prosecute the Appellant constituting an interference with the Appellant's right to freedom under Article 5 ECHR and consequently her right to private and family life under Article 8 ECHR. The Supreme Court, in any event, did not elaborate any further on this point as this was not the central issue before the Supreme Court and the point was raised by the Appellant in oral submissions and not pleaded to allow the Secretary of State sufficient opportunity to respond. ## What does the SXH v Crown Prosecution Service ruling mean for future Asylum & Article 8 ECHR claims? The Supreme Court ruling has dismissed the substantive claim by the Appellant that Article 8 ECHR was engaged in the CPS' decision to prosecute her. However, the Supreme Court ruling has helpfully suggested that in certain circumstances Article 8 ECHR can be engaged in Asylum cases. This is where a genuine Asylum Seeker has been able to show fear of persecution from their home State, the CPS would have an ongoing duty not to infringe Articles 5 and 8 ECHR rights by continuing to prosecute on the Asylum Seeker on the basis that it is clear that it would not be in the public interest to do so. It therefore fundamentally important that you take appropriate legal advice from specialist immigration solicitors and barristers before submitting an Asylum and Article 8 ECHR claim to ensure that cogent and detailed argument are put to the Home Office at the earliest available opportunity. ## Using Legal Representation for Asylum & Article 8 ECHR claims Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit successful Asylum and Article 8 ECHR claims. Home Office applications can be complicated at times as the [Home Office](https://web.archive.org/web/20190320133622/https://immigrationandvisasolicitors.co.uk/certificate-sponsorship-cos/) have imposed specific requirements for Applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the application process. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Asylum & Article 8 ECHR claims [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # EEA Residence Document Update: Available Options for UK Residence Source: https://immigrationandvisasolicitors.co.uk/eea-residence-document/ *Now that the [Brexit countdown](https://immigrationandvisasolicitors.co.uk/brexit-countdown-begins/) has begun, the race is seemingly on for EEA nationals and their family members to confirm their immigration status in the United Kingdom. There are already lengthy waiting lists for EEA residence document applicants, and the Home Office has only recently increased the number of caseworkers handling applications. Consequently, EEA nationals and their family members looking to confirm their status are advised to carefully choose the appropriate EEA residence document for which to apply so as to not get caught up in the backlog.* ## EEA Residence Document: EEA Family Permit There is a range of EEA residence document applications that it is possible to make. One of the most common is that of the [EEA Family Permit](https://web.archive.org/web/20161229234146/https://immigrationandvisasolicitors.co.uk/uk-visa-success-story-eea-family-permit-granted/), which is for non-EEA citizens who wish to join their EEA national spouse or partner living in the United Kingdom. In order to make an application for this particular EEA residence document, the EEA national needs to already be in the United Kingdom, exercising their treaty rights as a qualified person. This means that they need to be either working, looking for work, self-employed, studying or self-sufficient. The EEA national can also have permanent residence. This particular EEA residence document is also available for family members of EEA nationals who are exercising their treaty rights in the United Kingdom, as well as the unmarried partners of an EEA national. In order to apply as the unmarried partner of an EEA national it is necessary to demonstrate that you have been in a relationship akin to marriage. ## EEA Residence Document: EEA Residence Card A non-EEA national who is a family member, or an extended family member, of an EEA national, is able to [apply for a residence card](https://immigrationandvisasolicitors.co.uk/eea-residence-card-granted/). This EEA residence document will allow you to show employers that you’re allowed to work in the United Kingdom, and can help you prove that you qualify for certain benefits and services should you need them. When applying for this EEA residence document, the applicant must prove that their EEA national sponsor is a qualified person, or has a permanent right of residence, or has a retained right of residence. ## EEA Residence Document: EEA Permanent Residence Once an EEA national has been living in the United Kingdom for a certain period of time, they will be able to apply for permanent residence. This period of time is usually five years, though it could be shorter in some cases. This EEA residence document is important if you wish to apply for British naturalisation, as you will not be able to do so without one. Usually, an EEA national doesn’t require a document to continue to reside in the United Kingdom if they are exercising their treaty rights as a qualified person. For the two years during which the Brexit negotiations are taking place, this will continue to be the case. However, once those negotiations are over and the United Kingdom is no longer a member of the European Union, the future of EEA nationals is uncertain. Due to that uncertainty, it is advisable for an EEA national who has been resident in the United Kingdom for five years to [consider applying](https://immigrationandvisasolicitors.co.uk/eea-residence-card/) for this particular EEA residence document in order to be in the position to apply for British citizenship. ## EU Passport Return Service Usually when making a visa application, applicants need to submit their passport to the Home Office. This can be inconvenient if you have plans to go overseas or need your passport for another reason, but for those making an application for an EEA residence document it is possible to use the Home Office’s [EU passport return service](https://web.archive.org/web/20161107000903/https://immigrationandvisasolicitors.co.uk/immigration-updates-new-online-permanent-residence-european-passport-return-service/). This allows applicants and their family to take their passports to a participating local authority for verification and copying, and for the local authority to send the copy to the Home Office. The applicant and their family can then keep their passports during their applications. Applicants who have submitted a permanent residence application online are able to use the EU passport return service. Applicants who wish to use the service are required to book an appointment at a local authority. ## Using Legal Representation to Apply for a Residence Document as an EEA National Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to apply for an EEA residence document. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Residence Document Application for an EEA National [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Tier 2 Work Visa Update – Immigration Skills Charge Levy for Sponsor Licence Holders Source: https://immigrationandvisasolicitors.co.uk/tier-2-sponsor-licence-holders-immigration/ *We wrote previously about recent changes to the [Tier 2 minimum salary requirement](https://immigrationandvisasolicitors.co.uk/tier-2-minimum-salary-requirement/) being increased to £30,000, this article addresses the concurrent change on 6 April 2017 with a new levy introduced on Sponsor Licence holders as a Tier 2 Immigration Skills Charge of up to £1000 per migrant worker. **It is clear the UKVI are introducing these changes to deter UK Sponsor Licence Holders from recruiting overseas workers and to encourage in-country recruitment. These new changes are set to affect all UK Sponsor Licence Holders holding Tier 2 Sponsor Licence wishing to sponsor overseas migrant workers on a Tier 2 Visa. The Tier 2 Immigration Skills charge is set to severely disadvantage all Tier 2 Sponsor Licence Holders and in particular the nursing industry, given its exponential demand for recruiting workers in this field.* ## The potential impact of the Immigration Skills Charge on Tier 2 Sponsor Licence Holders As of 6 April 2017, all UK Tier 2 Sponsor Licence employers who hold a valid Tier 2 Sponsor Licence, must now pay a mandatory Immigration Skills Charge of £1000 per worker.  The Immigration Skills Charge has been intensely scrutinised by various industry experts labelling the charge as plainly unjust, unfair and disproportionate. It is clear the UKVI has endorsed the anti-immigration views of Theresa May in putting forward draconian measures to cap net migration to the UK. In addition to the previously discussed Tier 2 minimum salary increase, the additional imposition of a Tier 2 Immigration Skills Charge serves as an inevitable deterrent for UK Sponsor Licence Holders to recruit overseas migrant workers. In particular, the Nursing industry is facing severe pressures as to its future growth and development in the UK causing significant unrest to not only UK citizens but also the industry itself.  We recently wrote about the ['Nursing Crisis in the UK - An alarming drop in EU Nurses living and working in the UK after Brexit'](https://immigrationandvisasolicitors.co.uk/eea-applications-eu-nurses-uk-brexit/), which reveals the lack of opportunities available in the Nursing industry for migrant workers and at the same time the overwhelming demand for them. The British Medical Association (BMA) and Royal College of Nursing (RCN) have raised their serious concerns on the imposition of the Tier 2 Immigration Skills Charge as this could have a damaging impact on the health and social care funding in the UK. Mark Porter (BMA council chair) has recently voiced his concerns stating: > “The introduction of this charge could take desperately needed money from an already underfunded health service, worsen the current staffing issues, and impact the level of care that hospitals are able to provide to patients.” ## What does this mean for Tier 2 Sponsor Licence Holders? The recent changes to the Tier 2 minimum salary requirement and the introduction of the Immigration Skills Charge have given Tier 2 Sponsor Licence Holders more reason to ensure they seek legal advice when sponsoring a Tier 2 worker. It is imperative that Tier 2 Sponsor Licence Holders submit a well-prepared application with the all the specified documents to avoid a refusal. ## Exemptions to the Tier 2 Immigration Skills Charge for Tier 2 Sponsor Licence Holders There are 4 notable exemptions to the Immigration Skills Charge. Tier 2 Sponsor Licence Holders will not be required to pay the Immigration Skills Charge where the job is in relation to: - A Tier 4 (General) student switching into a Tier 2 (General) Visa; - A worker to do a specified PhD level occupation job; - A Tier 2 (Intra-Company Transfer) Graduate Trainee; and - A worker who has already been sponsored on a Tier 2 route before 6 April 2017 and is applying for an extension. ## Using Legal Representation for Tier 2 Sponsor Licence Holders to Apply for a Tier 2 Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 Sponsor licence and Tier 2 visa applications. A Sponsor Licence application can be complicated at times as the [Home Office](https://web.archive.org/web/20190320133622/https://immigrationandvisasolicitors.co.uk/certificate-sponsorship-cos/) have imposed specific requirements for Applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the Sponsor Licence process. We ensure that we assist you to achieve and maintain an A-rated Sponsor status and provide ongoing compliance checks to ensure you are aware of your duties as a registered Sponsor. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 2 Visa Applications for Tier 2 Sponsor Licence Holders [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Successful Judicial Review Claim Source: https://immigrationandvisasolicitors.co.uk/successful-judicial-review-claim/ *Our team of expert solicitors recently assisted a client (the Claimant) submit a successful Judicial Review claim, which resulted in the Home Office withdrawing their original decision. In our initial consultation with the Claimant, we discovered that he had been a victim of fraud and as a result had his Leave in the UK curtailed with no right to appeal or administrative review. Our Solicitors knew from the onset that this would be a difficult and extraordinary case but were able to successfully assist the Claimant.* ## The case for a Judicial Review Claim In our initial consultation, we addressed the issues surrounding the Claimant's immigration matter.  The client was a Tier 2 visa holder that was applying to change his employment on the basis of being offered a higher salary. It was evident from our initial consultation that the Claimant had been a victim of a fraudulent scheme where he was duped into applying for a fictitious job with a genuine company that holds a genuine Tier 2 Sponsor Licence. The Home Office in refusing the Claimant's application accused the Claimant of deception and curtailed his prior Tier 2 visa with immediate effect. After discussing the matter with our expert solicitors, the Claimant was reassured that our solicitors were confident they could successfully challenge the Home Office’s refusal decision and Notice of Curtailment by making a Judicial Review claim. ## How we can assist submit a successful Judicial Review Claim In this particular case, our solicitors drafted numerous pre-action correspondences with the Home Office, which, whilst necessary, proved to be unfruitful. It was clear there was a breach of the Claimant’s Article 6 ECHR rights as the Claimant had not been given a fair opportunity to respond to the accusations made.  Due to a Judicial Review claim becoming limitation barred, the Claimant had no choice but to resort to issuing Judicial Review proceedings to seek the remedy that was being sought and unreasonably denied. In response to the Judicial Review proceedings, the Home Office withdrew their unlawful and unreasonable decisions and agreed to reconsider the Claimant's case for leave to remain in the UK. Our team of solicitors and barristers prepared strong Judicial Review grounds challenging the Home Office’s decision as well as preparing a detailed, structured, indexed and paginated bundle of documents which were relied upon in support of the Judicial Review claim and also drafted a comprehensive and strong witness statement in support of the Claimant’s Judicial Review Claim. These were the key ingredients towards the success of the Claimant’s Judicial Review Claim as the barrister representing the Claimant was well-prepared to argue the Claimant’s case. Our solicitors and barristers successfully guided the Claimant through the Judicial Review Claim process ensuring the Claimant was kept up to date with the progress. In addition to this, we also assisted the Claimant to gather essential documentary evidence, providing multiple substantial reviews. This was regarded as a pyrrhic victory as the Claimant had incurred substantial legal costs to achieve this positive result. However, from the client’s perspective, issuing Judicial Review proceedings was the only course of action that could have achieved this result as the Home Office were largely uncooperative prior to Judicial Review proceedings being issued. ## Using Legal Representation to make a Judicial Review Claim Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make a Judicial Review claim. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. A Judicial Review claim is a complex process and a legal representative can help ensure that your application meets the Immigration Rules and requirements. ## Advice from UK Immigration Solicitors on submitting a successful Judicial Review Claim [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Judicial Review claim. We can assist you with the preparation of your appeal and ensure that you have the best chance of success. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. If you need professional legal advice about submitting a successful Judicial Review Claim please contact us for a case assessment on 02030110276. You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # British Naturalisation Application Routes Source: https://immigrationandvisasolicitors.co.uk/british-naturalisation-application-routes/ *Naturalisation is the process by which someone can obtain British nationality. There are different routes through which someone can successfully apply for British Naturalisation, and each one has specific requirements that applicants will need to meet. Knowing the applicable route and how to meet the requirements are the vital first steps for someone making a British Naturalisation application.* ## British Naturalisation: the 3 Years Spouse Qualifying Route In order to apply for British Naturalisation as the spouse of a British citizen under section 6(2) British Nationality Act 1981, the applicant will need to have been resident in the United Kingdom for  prior to making their application. The applicant will need to hold Indefinite Leave to Remain as the spouse of a British citizen or settled person in the United Kingdom before making their application for British Naturalisation, and even if this is the case they will still be required to meet further evidential requirements. Someone married to or in a civil partnership with a British citizen is able to apply for British Naturalisation in this way. The will need to be holding Indefinite Leave to Remain for at least one year, and to have been living in the United Kingdom as a spouse or civil partner for at least three years. When they make their application, this means that the applicant will need to submit evidence of at least three years of residence in the United Kingdom, as well as evidence that they have not been absent from the United Kingdom for more than 270 days over that period, and no more than 90 days of absences in the year prior to the date of application. ## British Naturalisation: the 5 Years EEA Qualifying Route EEA nationals who have been resident in the United Kingdom for at least six years are also able to apply for British Naturalisation. The first step that EEA nationals will need to take, however, is to apply for Permanent Residence. The requirement for EEA nationals to apply for Permanent Residence is through exercising their treaty rights of five years of continuous residence in the United Kingdom. Once they have successfully been awarded Permanent Residence in the United Kingdom, the EEA national will then need to continue holding Permanent Residence for a further year in order to qualify for British Naturalisation. These applications cannot be made at the same time, however, and the EEA national must apply for Permanent Residence before making an application for British Naturalisation. When making their Permanent Residence application, the EEA national can submit evidence to demonstrate that they have been resident in the United Kingdom for more than the required five years. If the EEA national in fact wishes to apply for British Naturalisation soon after applying for Permanent Residence, it is advisable that they submit evidence to demonstrate they have been resident in the United Kingdom for more than six years. When the Home Office makes their decision on the Permanent Residence application, they will therefore be able to see that the EEA national has been exercising their treaty rights in the United Kingdom for a period that qualifies them for British Naturalisation, and this becomes the starting point for their subsequent British Naturalisation application. ## British Naturalisation: Good Character Requirement As well as those evidence requirements specific to their route of application, all applicants for British Naturalisation are required to demonstrate that they meet the further requirements for good character, English language ability, and knowledge of British society and life. Should an application for British Naturalisation be unsuccessful, it should be noted that there is no right of appeal or right of administrative review. It is possible to seek a judicial review of an unsuccessful application, but before making recourse to judicial review, decisions can now be ‘reconsidered’, meaning that an unsuccessful application could potentially be overturned. Having a decision overturned would require specialist knowledge of the immigration rules, however. ## Using Legal Representation to Apply for British Naturalisation Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to apply for British Naturalisation. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful British Naturalisation Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Permanent Residence Applications for EEA Nationals Source: https://immigrationandvisasolicitors.co.uk/permanent-residence-applications/ *Needless to say that since Britain triggered Article 50, marking the official start of Brexit; there has never been more uncertainty and concern for the EEA nationals who are in UK exercising their Treaty Rights. Over the past few months, the Home Office has been inundated with Permanent Residence applications, in a frightened attempt to make permanent their status in the UK. It is important for permanent residence applicants to be aware of the requirements for permanent residence before submitting the application. * ## EEA Permanent Residence Overview EEA nationals and their family members may be able to apply for Permanent Residence in the UK if they have lived continuously in the UK for 5 years and hold an EEA Residence Card. They may apply if they are the family member of an EEA national who is a ‘qualified person’ and are residing with them in the UK or if they have come to the UK as the family member of an EEA national and then have retained a right of residence. The applicant simply needs to demonstrate that they are exercising their Treaty Rights in the UK. An EEA national may still obtain permanent residence if they are no longer exercising their Treaty Rights by ceasing activity in the UK for the following three reasons; - if they are retired; - if they are permanently incapacitated; or - if they are now active as a worker or self-employed person in another EEA state. Therefore, as long as the EEA national has still been present in the UK for a continuous period of 5 years, then they may still be eligible for permanent residence, unless they are in breach of the other guidelines. ## New Guidance on Satisfying the 5 Year Continuous Residence It is important to clarify that an amendment has been made with regards to the continuous 5 years residence. The application for permanent residency must now be made within 2 years of the 5 year period. Any continuous stay from the past will not be counted towards that current permanent residence application, so therefore the applicant needs to demonstrate that they are currently exercising their Treaty Rights in the UK. Having legal representation, such as our specialist immigration and visa law firm, to prepare you permanent residence application will ensure you meet all of the requirements needed for it to be a success. We can help guide you through the intricate requirements in applying for permanent residence in the UK as an EEA national. ## Possible Effects on EEA Permanent Residence Applications It should be straight forward to attain permanent residence, although it can become fairly complicated in cases which involve gaps in employment or when the applicant needs to rely on their retained rights of residence. This being said, over the 5 years of continuous stay that the EEA national would need to hold in the UK, temporary absence is permitted in certain circumstances, under Part 1, Section 3 of the [Immigration (European Economic Area) Regulations 2016](http://www.eearegulations.co.uk/Regs2016). Continuity of residence is not affected by periods of absence from the UK which is not more than 6 months in total in any one year. It is also not affected by one absence from the UK not exceeding a 12 month period for exceptional reasons such as pregnancy, childbirth, serious illness, study or vocational training or an overseas posting. Any absence due to compulsory military service is also permitted under the Immigration (European Economic Area) Regulations 2016. However, continuity of residence will be found to be broken if a person serves a prison sentence, a deportation or exclusion order is made in relation to that person, and if a person is removed from the UK under these regulations. If continuity of residence is broken then this will cause problems for your permanent residence application. Hence, it is important to have legal representation when preparing an application for permanent residence, to ensure that all the requirements are met, which will give you a greater chance of your application being successful. ## Using Legal Representation to Apply for EEA Permanent Residence Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Permanent Residence application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful EEA Permanent Residence Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # Immigration Judicial Review Claim as a last resort Source: https://immigrationandvisasolicitors.co.uk/immigration-judicial-review/ *An Immigration Judicial Review claim should be filed as a last resort and is often used to challenge the lawfulness of a decision or action carried out by a public body when there all appeal rights have been exhausted or no appeal rights were granted. If your immigration matter is not urgent there are no immediate deadlines i.e. there are no removal directions issued, there are various pre-action stages under the Civil Procedure Rules that can be utilised before resorting to the costly Immigration Judicial Review process. You will need to apply for permission either to the High Court (in urgent cases) or Upper Tribunal (in all other cases) before you can file your Immigration Judicial Review claim.     * ## Pre-action stages before applying for an Immigration Judicial Review Claim In some circumstances where there is no urgency, there are pre-action steps which can be exercised before issuing an Immigration Judicial Review Claim.  The purpose of the pre-action protocol stage is to allow both parties to identify the fundamental issues involved and for both parties to work towards resolving the dispute amicably without resorting to costly litigation in the Upper Tribunal or the High Court. The following Pre-action stages can be utilised before the Immigration Judicial Review claim is made and in any event, it is a requirement to comply with the Pre-Action Protocol for Judicial Review before a claim is made: - Pre-action protocol letter: This a detailed letter which outlines the details of the matter being challenged and issues involved requesting for remedy before having to proceed with an Immigration Judicial Review claim; - Pre-Action Disclosure: Requesting for documents from the Respondent; and - Alternative Dispute Resolution: this is a cost effective method of seeking a remedy by asking an independent party to mediate and solve the issues in dispute. If the pre-action stage does not assist you with your claim, the next stage would be to apply for permission to file an Immigration Judicial Review Claim. However, if the pre-action stages are properly utilised, it can assist in preparing a stronger and comprehensive permission for Immigration Judicial Review application and clarify or narrow the down the central issues in dispute between the parties. ## Immigration Judicial Review Claim as a last resort If you are a victim of an unlawful decision and are considering an Immigration Judicial Review Claim you must ensure you have exhausted all appeal rights before you apply to the High Court or Upper Tribunal for permission to file an Immigration Judicial Review Claim. You may have a statutory appeal right or right to an Administrative review so it is important you seek legal advice as soon you receive an unlawful decision from the Home Office. Once you have exhausted your appeal rights you can then apply for permission to file an Immigration Judicial Review Claim but permission will only be granted if you can demonstrate that there is no alternative remedy available and that the claim has merit. Whilst you are required to show that there are no other remedies available, the remedies available must be an adequate means of redress and appropriate to the claim.  Whilst this is not an exhaustive list, an Immigration Judicial Review claim may be an appropriate challenge to the following: - an unsuccessful administrative review or delay in making a decision/failure to make a decision; - unlawful detention or declaration of illegal entry; - Refusal to accept a fresh claim for asylum or failure to grant permission to work to an asylum seeker; - Refusal to accept a fresh claim for asylum or failure to grant permission to work to an asylum seeker; - Refusal of any immigration application with no right of appeal; - Refusal of a human-rights based application with no right of appeal; or - Curtailment of leave to remain in the UK on public policy or deception grounds. Due to inherent complexities of the above decisions, we highly recommend that you seek advice from [specialist Immigration Judicial Review solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) your eligibility of filing an Immigration Judicial Review claim and the merits of filing a claim. Further, specialist Immigration Judicial Review advice should also be sought in exploring whether any alternative remedies are available and whether the matter can be resolved by utilising the pre-action stages outlined above. ## Using Legal Representation for an Immigration Judicial Review Claim [Legal representatives](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/), such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to file a successful Judicial Review claim. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Immigration Judicial Review Claim [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to [successful immigration applications](https://immigrationandvisasolicitors.co.uk/successful-judicial-review-claim/). Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # New Process to Submit an Entry Clearance Application Source: https://immigrationandvisasolicitors.co.uk/entry-clearance-application-new-process/ *It is essential to ensure Applicants who are applying for entry clearance to the UK are aware of the latest digital improvements at the Visa Application Centres (VAC). ** It is also essential that Applicants are well informed and aware of these changes as it could save their application from** unnecessary delays. Since the  beginning of 2017, there has been a new process implemented for Applicants submitting entry clearance applications to the UK. Some of the countries that have benefited from the digital improvement are; China, USA, Nigeria, Pakistan, India amongst others. For more information on these digital improvements c**ontact our specialist UK Immigration and Visa Solicitors to assist in making an Entry Clearance Application.  * ## Different types of Entry Clearance Applications  All overseas Applicants applying to enter the UK for settlement or non-settlement purposes must have been granted valid entry clearance to the UK.  We regularly assist Applicants submit successful entry clearance applications in the following categories: - [UK Ancestry Visas](https://immigrationandvisasolicitors.co.uk/uk-ancestry-visa/) give Commonwealth citizens who have a grandparent who was born in the UK the right to stay in the UK for up to 5 years. After 5 years of continuous stay in the UK the Applicant may then be eligible for ILR; - [EEA Family Member](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) applications give family members of EEA nationals who are workers in the UK and who hold an EEA Residence Card, the opportunity to apply for ILR and eventually naturalisation, subject to them meeting the requirements, such as having continuous stay in the UK for initially a 5 year period; - [Spouse Visas](https://web.archive.org/web/20170116000810/https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) enable non-EEA spouse nationals of UK citizens who are present and settled in the UK to come and reside in the UK with them as a married couple for a period of 2 years and 6 months before they have the opportunity to apply for further leave to remain. Following this then they may apply for ILR and eventually British Citizenship; - [Unmarried Partner](https://web.archive.org/web/20170115234613/https://immigrationandvisasolicitors.co.uk/uk-unmarried-partners-de-facto-visa/) or Fiancé Visas are issued for 6 months, during which time the applicant will need to get married. Once the Applicant is legally married to their spouse they can then apply for a spouse visa, but this has to be done before the expiry of their fiancé visa by making an application for further leave to remain from inside the UK; - Work visas under [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) fall under four different categories which are Tier 2 General, Tier 2 Sportsperson, Tier 2 Intra-Company Transfer (ICT) and Minister of Religion. In order to apply for any Tier 2 visa, the Applicant must have a job offer and a Certificate of Sponsorship (CoS) from an organisation that is a licenced sponsor in the UK; - Work visas under [Tier 5](https://immigrationandvisasolicitors.co.uk/van-der-elst-visa-tier-5-youth-mobility-scheme-visa/) relate to temporary workers, which is split into the following 5 subcategories; Creative and Sporting, Charity Workers, Religious Workers, Government Authorised Exchange and International Agreement. Any of these Applicants must also have a CoS from a licenced sponsor; - [Tier 4](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/) Student visa Applicants must have a Tier 4 licenced sponsor, who will need to assign a Confirmation of Acceptance for Studies to the Applicant in order for them to submit their application. Therefore it is important for Applicants to have entry clearance prior to making any of the above applications for visas to enter the UK. ## Changes to the Entry Clearance Application Process A new Settlement Scanning Service Process has been in place since March 2017 by VFS Global, which is the platform in which applicants for entry clearance can submit their documents to the UK in order for their application to be considered and processed. Usually, all of the Applicants’ supporting documents for their entry clearance application are sent by courier to the Settlement Applications, International Operations and Visas office in Sheffield. This service has been proven to be both costly and timely, which can be frustrating for applicants who wish to receive their entry clearance to the UK by a specific deadline. However, the new Settlement Scanning Service allows applicants to scan and submit all of their supporting documents electronically. This will reduce the cost to the applicant and improve efficiency. This new Settlement Scanning Service was first implemented in the Hong Kong Visa Application Centre. There are many merits to this new system and it can be presumed that VAC across the world will soon adopt this procedure as well. To ensure a successful Entry Clearance visa application, it is highly recommended that applicants use legal representation such as our specialist immigration and visa law solicitors. ## Using Legal Representation to Make an Entry Clearance Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit Entry Clearance applications. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## How to Submit a Successful Entry Clearance Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  LEXVISA Solicitors & Barristers are located just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # High Net Worth Applicants using Tier 1 Investor Visa and Tier 1 Entrepreneur Visa Routes Source: https://immigrationandvisasolicitors.co.uk/high-net-worth-applicants/ *LEXVISA Solicitors and Barristers regularly assist High Net Worth Applicants who wish to enter the UK for investment purposes or to establish a business presence UK business may apply under the Points Based System, by way of either a [Tier 1 Investor](https://www.gov.uk/tier-1-investor/overview) Visa or [Tier 1 Entrepreneur Visa](https://www.gov.uk/tier-1-entrepreneur/overview). There are complex eligibility requirements for each category which must be met in order for an application to be successful. Our team of specialist business immigration solicitors and barristers provide a complete service to our high net worth clients by not only guiding them through the application process but also by using our affiliations to secure Applicants investment opportunities or assist with the obtaining business plans. * ## High Net Worth Applicants following the Tier 1 Investor Visa Route The [Tier 1 Investor Visa](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) route is available to high net worth individuals who intend on making substantial financial investments in the UK. Applicants are not required to provide evidence of maintenance as well as meet any English language requirements, which is an attractive option for many individuals. In order to submit a successful application under the Tier 1 Investor Visa route, there are certain requirements which need to be met. For instance, Applicants must prove that they have and are in control of their own money which is held in a regulated financial institution which is disposable in the UK. The minimum amount that the Applicant must have is £2m and Applicants must demonstrate that they have opened a bank account in the UK for the purpose of investing at least £2m. ## High Net Worth Applicants following the Tier 1 Entrepreneur Visa Route The [Tier 1 Entrepreneur visas ](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/)are highly popular as it allows business people to come to the UK to either set up a new business or to take over an existing business. The Tier 1 Entrepreneur visa initially allows Applicants to be in the UK for a maximum period of 3 years and 4 months, after which Applicants may then apply for an extension for a further 2 years. Once an Applicant has been in the UK for a continuous 5 year period, they can then apply for ILR. Applicants must meet the eligibility requirements in order to submit a successful Tier 1 Entrepreneur Visa application. Usually, Applicants are high net worth individuals and must provide evidence that they have access to a minimum of £200,000 in investment funds. Applicants may rely on previous investments of £200,000, but this amount must have been invested in 12 months prior to the application being made. Applications for Tier 1 Entrepreneur Visas may only be made from outside the UK. ## Expert Immigration Advice and Support for High Net Worth Applicants Our team of specialist immigration solicitors act in the client’s best interest and offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We not only assist our clients with the preparation of their immigration and visa applications to ensure that all of the requirements are met, but LEXVISA Solicitors and Barristers can also provide clients with a full service in regards to helping Tier 1 Entrepreneur and Tier 1 Investor visa Applicants in finding business and investment opportunities. Through our affiliations with investment companies and business developers, we ensure that Applicants are fully supported throughout the entire application process. ## High Net Worth Applicants and the Immigration Health Surcharge (IHS) The Home Office introduced The Immigration Health Surcharge (IHS) on 6 April 2015 and applies to temporary, non-EEA migrants who are coming to the UK for more than 6 months, which may include High Net Worth Applicants applying for either a Tier 1 Investor visa or Tier 1 Entrepreneur visa. Payment for IHS is collected by the Home Office and goes directly to the National Health Service. If instructed, our team of expert immigration lawyers can consider whether you will need to pay the IHS. Please contact our team today and arrange a meeting with a qualified immigration solicitor who can advise you of your options. ## Using Legal Representation to Apply for Tier 1 Investor Visas and Tier 1 Entrepreneur Visas Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit Tier 1 Investor and Tier 1 Entrepreneur Visa applications by High Net Worth Applicants. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. Preparation is the key to successful immigration applications and our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. [LEXVISA Solicitors and Barristers are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # South Asian Chefs Work Permits and the Impact of Brexit Source: https://immigrationandvisasolicitors.co.uk/south-asian-chefs-work-permits/ *Tory attempts to curry favour with Indian restauranteurs with promises of work permits in exchange for Brexit votes have seemingly backfired. Now that the Brexit dust is beginning to settle, it has been made apparent that the government has no intention of honouring their promise of work permits for South Asian chefs working in the United Kingdom, who will instead still need to meet the minimum income requirements for employees.* ## South Asian Chefs Work Permits: What is the Brexit Problem? Curry has been a favourite staple of the British public since the 1950s, and the industry has blossomed from humble beginnings to the £4 billion behemoth it is today. Despite curry’s enduring popularity, however, [the industry is facing something of a crisis](https://immigrationandvisasolicitors.co.uk/bbc-radio-4s-crisis-in-the-curry-kitchen-features-our-immigration-lawyer/), as a drastic shortage of South Asian chefs saw the closure of 600 restaurants in 2016, with fears that over a third of the industry could suffer a similar fate. Those fears led many in the South Asian community to support and even campaign for Brexit, under the proviso that withdrawing from the EU would lead to increased support for South Asian migrants hoping to come to the United Kingdom in order to work - especially in the case of South Asian chefs. Support for Brexit within the South Asian community was rallied primarily by Priti Patel, MP for Witham, who said that it was “manifestly unfair and unjust” that South Asian chefs should have to deal with a “second-class immigration system” compared with chefs from the EU. An Australian-style points system was proposed that would allow migrants from Commonwealth countries to apply for work permits, and to ultimately take the place of Eastern European migrants who would face tougher immigration requirements once Brexit negotiations were concluded. This, it was suggested, would allow for the survival of the curry house industry, and this apparent surety was what motivated the South Asian community to support Brexit. ## South Asian Chefs Work Permit: What Does the Future Hold? Soon after the Brexit vote, however, Theresa May ruled out the possibility of an Australian-style points system for migrants, leading many to ask if they had been misled into offering their support to Brexit. There was an assumption that immigration from India and South Asia would increase post-Brexit, with the conditions for South Asian chefs in particular being more favourable. However, it seems that this is not the case: the anti-immigration rhetoric that presaged the Brexit vote has been increasing ever since, and the government has made mention of reducing net migration to 100,000, none of which has allayed the concerns of the South Asian community. Resultantly, the pressure on the curry house industry is unlikely to subside. Changes to the Immigration Rules for Tier 2 Employees in April of this year, as well as the introduction of an [Immigration Skills Charge](https://web.archive.org/web/20190320133004/https://immigrationandvisasolicitors.co.uk/new-immigration-skills-charge-tier-2/) have seen the income requirements increase further, pricing out all but the most specialised and elite chefs.  It seems likely that the number of South Asian chefs able to come to the United Kingdom in order to work will continue to fall, and that promises that were made in light of the Brexit vote are likely to go unfulfilled. The Immigration Rules continue to be tightened, and having a clear understanding of the requirements as both an employer and employee is vital for the success of a business. ## Using Legal Representation to Apply for a Tier 2 Sponsor Licence and Tier 2 Work Permit in the United Kingdom Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to apply for a Tier 2 Sponsor Licence and Tier 2 Work Permit in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for a Tier 2 Sponsor Licence and Tier 2 Work Permit in the United Kingdom [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Tier 1 Entrepreneur Visa Success Story: Entry Clearance Granted to Main Applicant and Dependents   Source: https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa-success/ *We recently received the wonderful news that a client (the Applicant) and his dependents (wife and daughter) had been granted Entry Clearance to the UK under the [Tier 1 Entrepreneur Visa](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/) route. In our initial consultation, the Applicant informed us that he had acquired several qualifications attending universities in the USA and UK and had worked for numerous organisations in the financial sector all around the world. The Applicant now wanted to establish and set up a business in the UK. The Applicant also informed us that his wife and daughter would also be applying as his [dependents](https://immigrationandvisasolicitors.co.uk/category/uk-dependent-visas/).  * ## The case for Entry Clearance as a Tier 1 Entrepreneur Visa Migrant The Applicant was an Indian national residing in Singapore with his wife and daughter holding Permanent Residence status. We were informed that the Applicant had graduated with multiple degrees from top universities in the USA and the UK and had worked for numerous multi-national organisations in the financial services sector. The Applicant had ample qualifications and experience in the financial service sector and informed us that he planned to set up a business in the UK. After speaking to our solicitors and barristers, the Applicant instructed us to prepare his Tier 1 Entrepreneur Visa application together with his wife and daughter as his Tier 1 Dependents. ## Eligibility Requirements for a Successful Entry Clearance Tier 1 Entrepreneur Visa Application To submit a successful Entry Clearance Tier 1 Entrepreneur Visa you must be meet the [Home Office](https://www.gov.uk/tier-1-entrepreneur/overview) requirements. The Home Office [requirements ](https://web.archive.org/web/20190320135000/https://immigrationandvisasolicitors.co.uk/overview-tier-1-visa-application-route/)are a stringent set of rules with little flexibility. In our experience, it is crucial you seek [legal advice](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) before submitting a Tier 1 Entrepreneur Visa application (or any other application) as this will give an i[mmigration expert](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) an opportunity to review your case and inform you of your merits and demerits. To submit a successful Tier 1 Entrepreneur Visa application, you must meet the following requirements: - You must be looking to relocate to the UK to set up a business or take over an existing business; - You must the satisfy the Genuine Entrepreneur Test demonstrating that you are genuinely seeking to set up a viable business or take over an existing business.; - You must have access to at least £200,000 and the funds must be held for a consecutive 90 day period, in a regulated financial institution and disposable in the UK; - You must be able to accommodate and maintain yourself and your dependents in the UK without recourse to public funds and/or employment; and - You must meet the English Language requirement. We regularly assist [Our Clients](https://immigrationandvisasolicitors.co.uk/success/) to submit a successful Tier 1 Entrepreneur Visa application and currently maintain a [100% Success Rate](https://immigrationandvisasolicitors.co.uk/success/) on Tier 1 Entrepreneur Visa Applications. ## How we can assist to Submit a Successful Entry Clearance Tier 1 Entrepreneur Visa Application Our solicitors and barristers successfully guided the Applicant through the application process and prepared outstanding legal representations which focussed on how the Applicant satisfied the Genuine Entrepreneur Test. Our solicitors and barristers conducted substantial reviews of the Applicant's documents (including a full review of the business plan) to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. Whilst we do not prepare business plans ourselves, we provide valuable advice and guidance to ensure that comprehensive business plans are used in support of the application to meet the Genuine Entrepreneur Test. Please note that we are not FCA regulated and cannot give financial advice, but we have strong affiliations with market leading FCA regulated companies that we can recommend to assist you with the preparation of Home Office immigration and visa compliant business plans. We also had to demonstrate that the Applicant had the means to support his wife and daughter in the UK. ## Using Legal Representation to Submit a Successful Entry Clearance Tier 1 Entrepreneur visa Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Tier 1 Entrepreneur Visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about submitting a successful UK Tier 1 Entrepreneur Visa application, please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # Article 8 ECHR and Criminal Convictions – UK Immigration Case Study Source: https://immigrationandvisasolicitors.co.uk/article-8-echr-and-criminal-convictions/ *The joint cases of R (P & Ors) v Secretary of State for the Home Department & Anor [2017] EWCA Civ 321, when seen in the light of Article 8 ECHR and criminal convictions, deal with the balance between the rehabilitation of offenders and the need for public safety. The Court of Appeal dismissed the appeals of the Secretary of State (SoS) in criminal records checks cases on the basis that the disclosure requirements of criminal convictions were insufficiently safeguarded to be lawful, and were disproportionate in their effect when balanced with Article 8 ECHR.* ## Article 8 ECHR and Criminal Convictions - Public Interest Policy Offender rehabilitation is aimed at allowing individuals who have certain criminal convictions, cautions or reprimands to essentially ‘put their past behind them’ and be free from any references to their previous actions. Under the terms of the Rehabilitation of Offenders Act 1974, certain criminal convictions can be ‘spent’ after the lapse of a specified period of time. The amount of time for the conviction to become spent depends on the sentence which had previously been imposed. However, there is a statutory scheme in relation to the disclosure of convictions as employers need to obtain a [Criminal Record Certificate](https://www.gov.uk/disclosure-barring-service-check/overview) (CRC) or an Enhanced Criminal Record Certificate (ECRC) from potential employees who have previously come into conflict with the law. This is especially in instances where the employment involves working with or around children or other vulnerable people. The scheme originally required a CRC or ECRC to disclose all convictions, cautions and reprimands, regardless if they were spent or not. The scheme was revised by the 1997 Act Amendment Order and the 1975 Order, so it no longer calls for the disclosure of every spent conviction, caution or reprimand. Disclosure is only needed in exceptional circumstances. The admission of prior criminal convictions, regardless of how long ago the event occurred, may still have a negative effect on employability as well as with regards to UK immigration and visa applications. Nonetheless, our team of specialist immigration solicitors and barristers have a great deal of experience in dealing with complex cases involving Applicants who have been in trouble with the law. ## Details of the Case on Article 8 ECHR and Criminal Convictions One of the cases considered in the judgement is *R (T) v Chief Constable of Greater Manchester Police and others* [2013] EXCA Civ 25; [2013] 1 WLR 2515 (“*T v CCGMP*”). It concerned two appeals which challenge the compatibility of the scheme under Article 8 ECHR. The first appeal was brought by a young man who was warned (the equivalent to a caution for a minor) when he was 11 years old in relation to the theft of two bicycles. Eight years later he needed an ECRC in relation to enrolment for a Sports Studies Course whereby his previous warnings were disclosed. The second case was that of a 41 year old man who was denied employment because of the disclosure of the fact that he had been cautioned for the theft of a pack of false fingernails eight years earlier. Lord Dyson MR specified that the disclosure of information must be relevant to the purpose of enabling employers to assess the suitability of the individual. Relevance must depend on a range of factors which include the seriousness of the offence, the age of the offender at the time of the offence, the sentence that was imposed, the amount of time that has elapsed since the offense was committed and whether the offender has reoffended. The court unanimously concluded in the case of *T v CCGMP *that the scheme violated Article 8 ECHR on the grounds that it went further than necessary to accomplish the statutory objective, was disproportionate, and failed the test of being necessary in a democratic society. The disclosure of any previous criminal convictions may have an adverse impact on any UK immigration and visa application. Therefore it is recommended to seek legal representation, such as with our team of specialist immigration lawyers, in order to have the greatest chance of success with your UK immigration and visa application. The Court of Appeal decision can be found at: [R (P & Ors) v SSHD [2017] EWCA Civ 321 LEXVISA Immigration Solicitors London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/05/R-P-Ors-v-SSHD-2017-EWCA-Civ-321.pdf). ## Using Legal Representation for Applications Involving Article 8 ECHR and Criminal Convictions Legal representatives are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK immigration and visa application despite having any criminal convictions or adverse immigration history. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Applications Involving Article 8 ECHR and Criminal Convictions Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [LEXVISA Solicitors and Barristers are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # The Right of Abode in the UK and Certificate of Entitlement Source: https://immigrationandvisasolicitors.co.uk/right-of-abode/ *To have the [Right of Abode](https://immigrationandvisasolicitors.co.uk/uk-certificate-entitlement-right-abode/) means that a person is allowed to live or work in the UK without any immigration restrictions. Therefore, no visas are required to enter the UK and there is also no time limit for how long the person may spend in the UK. All British citizens have the Right of Abode and most Commonwealth citizens are also entitled to the Right of Abode. The Right of Abode is a statutory right which a person either has or does not have; under The Immigration Act 1971 and the British Nationality Act 1981 (as amended),* *and it can be taken away at any time. * ## Commonwealth Citizens Right of Abode (ROA) in the UK Section 2(1)(b) of the British Nationality Act 1981 outlines that Commonwealth citizens who had the Right of Abode before the 1 January 1983, as long as they had not ceased to be a Commonwealth citizen at any time, are eligible for the Right of Abode. Commonwealth citizens usually need to apply for a [Certificate of Entitlement](https://www.gov.uk/government/publications/right-of-abode-roa/right-of-abode-roa) in order to demonstrate their Right of Abode. To obtain the Right of Abode, a Commonwealth citizen must either; - have had a parent who, at the time of their birth or legal adoption, was a citizen of the UK and Colonies and obtained their citizenship by being born in the UK; or - have been married to a man with the right of abode. If the Commonwealth citizen has acquired the Right of Abode through marriage prior to 1983 to a man with the Right of Abode, the Certificate of Entitlement will not be granted if either another living wife or widow of the same man is, or has at any time since the marriage been, in the UK otherwise than as a visitor, an illegal entrant or on temporary admission, or if another living wife or widow of the same man has been granted a Certificate of Entitlement or entry clearance on account of the marriage. However, these restrictions do not apply if the Commonwealth citizen had entered the UK as a wife before 1 August 1988 or had been in the UK at any time since the marriage, and at that time she was the only wife of the man to have entered, or been cleared for entry to, the UK. Since the 1 January 1983 the only way to acquire the Right of Abode has been by becoming a British citizen. South African or Pakistani nationals do not qualify for the Right of Abode because these countries had left the Commonwealth before 1983 and subsequently re-joined afterwards. ## The Certificate of Entitlement to the Right of Abode (ROA) in the UK A Certificate of Entitlement is a sticker which is placed in a valid non-British passport. It establishes proof of Right of Abode for UK immigration control purposes and allows the Applicant in to the UK without any difficulty or restrictions. Dual nationals are also entitled to a Certificate of Entitlement. Holders of a British passport or who are British subjects with the Right of Abode in the UK will not qualify for a Certificate of Entitlement. A person who already has a valid Certificate of Entitlement in another foreign passport will also not qualify for a further Certificate of Entitlement. Once the current foreign passport has expired, a new application for the Certificate of Entitlement may then be made. ## Using Legal Representation to Apply for the Certificate of Entitlement to the Right of Abode (ROA) in the UK Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Right of Abode application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Certificate of Entitlement to the Right of Abode (ROA) Application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. LEXVISA Solicitors and Barristers are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our contact form. --- # CART Style Immigration Judicial Review Source: https://immigrationandvisasolicitors.co.uk/immigration-judicial-review-2/ *Following the Supreme Court's judgment in **[R (Cart) v The Upper Tribunal](http://www.bailii.org/uk/cases/UKSC/2011/28.pdf) and [R (MR (Pakistan) v The Upper Tribunal](http://www.bailii.org/uk/cases/UKSC/2011/28.pdf), the Supreme Court clarified its relationship with the Upper Tribunal stating that an Upper Tribunal decision can be subject to a Judicial Review claim where there is a fundamental principle or practice in dispute or where there are other compelling reasons for the Supreme Court to hear. **The process by which an Immigration Judicial Review of an Upper Tribunal decision takes place is referred to as the CART Style Immigration Judicial Review.* ## The Divisional Court and Court of Appeal Judgement on CART Style Judicial Review In the Divisional Court, the UK Government had suggested that the Upper Tribunal's status of a “*superior court of record*” meant that it was immune from being overseen by the High Court and suggested that Judicial Claims cannot be made on Upper Tribunal decisions. However, Laws LJ fundamentally changed this position by deciding that Upper Tribunal decisions could be subject to Judicial Review claims where there are substantial legal mistakes and “*in the grossly improbable event that [the Upper Tribunal] were to embark upon a case that was frankly beyond the four corners of its statutory remit*” or where there has been an exceptional collapse of fair procedure. In the Court of Appeal, the UK Government shifted away from their argument that the Upper Tribunal was the alter ego of the High Court. This was view was agreed by Sedley LJ who stated “*the [Upper Tribunal] is not an avatar of the High Court at all:* *far from standing in the High Court’s shoes…the shoes the [Upper Tribunal] stands in are those of the tribunals it has replaced"*. Once the Court of Appeal had established that the Upper Tribunal was not immune to the High Court’s Judicial Review jurisdiction, the Court of Appeal held that the Upper Tribunal decisions may be subject to a Judicial Review claim where the Upper Tribunal had committed a grave error of jurisdiction or had committed a procedural mistake which has resulted in the Claimant being denied a fair hearing contrary to Article 6 ECHR. ## Supreme Court Decision - CART Style Judicial Review The Supreme Court clarified its relationship with the Upper Tribunal and described in which circumstances an Upper Tribunal decision may be subject to a Judicial Review claim. In the case of R (Cart) v Upper Tribunal, the claimant had failed in an appeal to the First Tier Tribunal (FTT) and was subsequently also refused permission to appeal to the Upper Tribunal by both the FTT and Upper Tribunal itself. Following the Upper Tribunal’s decision, the Claimant sought Judicial Review of the Upper Tribunal’s decision to refuse his application for permission to appeal. The key judgement, in this case, was given by Lady Hale who held that the main purpose of Judicial Review feature of the High Court was the importance of ensuring that the decisions handed down are in accordance with the law. Lady Hale recognised that the Tribunals and Courts could make mistakes and should be accountable for their errors.  Lady Hale rejected the “*exceptional circumstances*” approach and described the approach taken by the Court of Appeal as “too narrow”. Lady Hale favoured the Second-Tier appeals criteria and stated:  "the adoption of the second-tier appeals criteria would be a rational and proportionate restriction upon the availability of Judicial Review of the refusal by the Upper Tribunal of permission to appeal to itself". The Supreme Court also dismissed the appeals in the cases of *Cart *and *MR (Pakistan) *but on a different basis from that adopted in the Divisional Court and the Court of Appeal. However, it is now clear that the Upper Tribunal decisions which attract no right of appeal may be subject to Judicial Review. The Supreme Court clarified that Judicial Review claims can be made where there is a point of principle or practice in dispute or where there are other compelling reasons for the Supreme Court to hear. The Supreme Court Decision can be found at: [R (Cart) v The Upper Tribunal - LEXVISA Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/05/R-Cart-v-The-Upper-Tribunal-LEXVISA-Solicitors-and-Barristers.pdf) ## Using Legal Representation for a CART Style Judicial Review [Legal representatives](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/), such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to file a [successful CART Style Judicial Review claim](https://immigrationandvisasolicitors.co.uk/successful-judicial-review-claim/). Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Immigration CART Style Judicial Review [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to [successful immigration applications](https://immigrationandvisasolicitors.co.uk/successful-judicial-review-claim/). Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Tier 2 Visa Applications Update: Theresa May Proposes Stringent Changes Source: https://immigrationandvisasolicitors.co.uk/tier-2-visa-applications-update/ *Theresa May released the new Conservative manifesto last week and unsurprisingly, one of the main focuses is reducing the UK’s net migration. Recent figures highlight that the UK’s annual net migration is at 273,000. However, Theresa May’s aim is to drastically reduce this figure by more than half, to less than 100,000. This announcement has generated both fear and outrage from non-British nationals and the companies seeking to employ them due to the effects it may have on Tier 2 Visa Applications. One noteworthy change is the proposed increase of the Immigration Skills Charge from £1,000 to £2,000.* ## Proposed Changes Which May Affect Tier 2 Visa Applications The main reasoning for the Prime Minister’s proposed immigration policy is that she wants to reduce migration in order to give more jobs to British nationals. The manifesto specifically states that: > *“skilled immigration should not be a way for government or business to avoid their obligations to improve the skills of the British workforce”.* This plan may have a detrimental effect specifically on those applying for Tier 2 general and Tier 2 Intra-Company Transfer (ICT) visas. Every year there is a limit of 20,700 Tier 2 visas that available in the UK, with certain professions that are given priority in order to fill in where there are skills shortages. In April this year the Immigration Skill Charge came in to effect. This is that Tier 2 Sponsors may have to pay an additional charge for each overseas worker who is employed. Currently this charge is £1000 for each person who is sponsored per year. This implementation alone was controversial, but according to the new manifesto, the Conservatives plan to double this charge to £2000 by 2022. Not only could this make it more challenging for Tier 2 Applicants to find a sponsor, but it may put a strain on smaller businesses who are struggling to afford the current charge, let alone a higher charge. ## The Impact of the Immigration Skills Charge on Tier 2 Visa Application Changes The proposed higher Immigration Skill Charge is likely to be unpopular across all business sectors that depend on foreign labour, which would include banks, restaurants and the National Health Service (NHS).  The Health Secretary Jeremy Hunt stated that whilst the role of foreign workers is “incredibly important”, especially with regards to the NHS, he deemed it unfair that workers from overseas are being employed to do these jobs, rather than giving “our own people” the skills to do these higher paid jobs. Carolyn Fairbairn, head of the Confederation of British Industry, has expressed concern at the Prime Minister’s “blunt approach” to immigration. Others have also criticised the Prime Minister’s plans by arguing that heavily taxing businesses is not the way to minimise migration as it may have a damaging impact on the UK economy as well as putting strain on certain sectors like the NHS which are understaffed as it is. Britain’s future with regards to immigration may seem uncertain, which is why it is important to have specialist legal representation when making a Tier 2 visa application, in order to give it a greater chance of success. ## Using Legal Representation to make Tier 2 Visa Applications Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 2 Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to [successful immigration applications](https://immigrationandvisasolicitors.co.uk/successful-judicial-review-claim/). Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # In-Country Right of Appeal under the Immigration Act 2014 Source: https://immigrationandvisasolicitors.co.uk/in-country-right-of-appeal/ *In some circumstances where an immigration application is refused Applicants may attract a Right of Appeal under the [Immigration Act 2014](http://www.legislation.gov.uk/ukpga/2014/22/part/2/enacted). If you file an Appeal, you are requesting the First-Tier Tribunal to overturn an unlawful Home Office decision and grant your immigration and visa application. However, in some circumstances there may be no Right of appeal and the legal remedy available may be an Administrative Review or a Judicial Review Claim. Specialist legal representation and advice should be obtained to determine whether you have a Right of Appeal and if  so, what are the merits and prospects of your Appeal being successful.* ## Do I have a Right of Appeal? If you have submitted an immigration application and you believe your application was unlawfully refused by the Home Office. You may challenge the decision under [Section 82 of Nationality, Immigration and Asylum Act 2002](http://www.legislation.gov.uk/ukpga/2002/41/section/83) ("the act"). You will be required to file an immigration appeal to the First Tier Tribunal (FtT) which can then allow or dismiss the appeal. Applicants may attract a Right of Appeal against the following decisions: - Human Rights, Protection Claims, Asylum, Revocation of Protection, Asylum decisions or deportation orders. The appeal Rights for these can be found in Part 5 of the Nationality, Immigration and Asylum Act 2002; - Entry Clearance applications, i.e. Spouse and Fiancé visas, Unmarried Partnership visas, Adult Dependent Relative visas and vary to leave to remain decisions; - EEA family permit, EEA Residence Card, EEA Permanent Residence Card decisions, these appeal rights can be found in Regulation 26 of the Immigration (European Economic Area) Regulations 2006; and - Deprivation of Citizenship and Right of Abode decisions. ## In-country Right of Appeal [Section 92 of the Nationality, Immigration and Asylum Act 2002 ](http://www.legislation.gov.uk/ukpga/2002/41/section/92)sets out whether an Applicant can bring an in-country appeal or an appeal outside the UK. In normal circumstances, Applicants who submit their application within the UK will be given an in-country Right of Appeal. However, this may not be applicable if your claim has been certified under section 94 [of the Nationality, Immigration and Asylum Act 2002](http://www.legislation.gov.uk/ukpga/2002/41/section/92) by the Secretary of State. If you have been given an in-country Right of appeal you must file the appeal to the First Tier Tribunal within 14 days of receiving the original decision. If you have missed the deadline, you may still be able to submit the appeal but you must explain the reasons behind the delay. The First Tier Tribunal will then make a decision to whether it will hear your appeal, if you are submitting an appeal outside the 14 day period there must be exceptional circumstances for the delay. ## Applications which do not attract a Right of Appeal Applications submitted under the [Points Based System](https://immigrationandvisasolicitors.co.uk/business-work-points-cos-employer-sponsor-licence-ukvi-pbs/) do not attract a Right of Appeal. However, in some scenarios where there is no Right of Appeal, Applicants may apply for an Administrative Review where they believe there is a fundamental case working error. Alternatively, an Applicant may have to resort to filing an Immigration Judicial Review claim.  The following Applications do not attract a Right of Appeal: - *Tier 1 Entrepreneur, Tier 1 Graduate Entrepreneur, Tier 1 Investor applications and Tier 1 Exceptional Talent visa applications;* - *Tier 2 General, Tier 2 Intra Company Transfer, Tier Sportsperson and Tier 2 Minister of Religion visa applications;* - *Tier 4 General Student and Tier 5 Youth Mobility Scheme visa applications;* - *All [dependent visas](https://immigrationandvisasolicitors.co.uk/category/uk-dependent-visas/) under the Points Based System.* If your Points Based System application has been refused and you wish to challenge the decision on the basis of a case working error then you must submit an [Administrative Review](https://immigrationandvisasolicitors.co.uk/immigration-appeal-admin-review/) within 14 days of receiving the original decision.  However, if your Point Based System application has been refused and the decision is unlawful you may wish to seek legal advice in regards to filing an [Immigration Judicial Review claim](https://immigrationandvisasolicitors.co.uk/immigration-judicial-review/). ## Using Legal Representation to seek a Right of Appeal Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a [successful appeal](https://immigrationandvisasolicitors.co.uk/appeal-immigration-asylum-first-tier-tribunal-leave-remain/) to the First Tier Tribunal. Where a Right of Appeal is not granted by the Home Office, the Applicant can seek a Right of Appeal by Immigration Judicial Review. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. Our Solicitors and Barristers can draft comprehensive and strong grounds of appeal challenging the reasons for refusal, prepare detailed structured indexed and a paginated bundle of documents which will be relied upon at the appeal hearing. Our solicitors and Barristers can also draft comprehensive and strong witness statements in support of your appeal. These are the key ingredients towards a successful appeal. In addition to this, our Solicitors and Barristers can also assist in gathering essential documentary evidence and provide substantial reviews of your documents to giving your appeal the best chance of overturning a Home Office decision. ## Advice from UK Immigration Solicitors on seeking a Right of Appeal and achieving a successful Appeal [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK appeal to the First-tier Tribunal or Upper Tribunal. We can assist you with the preparation of your appeal and ensure that you have the best chance of success. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about submitting a successful UK Visa application please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # Out of Country Right of Appeal Under the Nationality, Immigration and Asylum Act 2002 Source: https://immigrationandvisasolicitors.co.uk/out-of-country-right-of-appeal/ *If a visa application has been refused by the Home Office, there may be the possibility to appeal against the decision to the First-Tier Tribunal, who can then over-turn the decision. In some circumstances there may be no right of appeal and therefore either an Administrative Review or Judicial Review may be sought. Under section 92 of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”), it is outlined whether the individual has an [in-country right of appeal](https://web.archive.org/web/20170829102732/https://immigrationandvisasolicitors.co.uk/in-country-right-of-appeal/) or an out of country right of appeal. The Secretary of State for the Home Department (SSHD) has the power to certify claims so that an individual must make their appeal from outside the UK.* ## What is an Out of Country Right of Appeal? If the claimant was outside of the UK at the time of which they made the claim, then the appeal must be made from outside the UK. The appeal must be made within 28 days from the date the claimant left the UK. The nature of refused claims which bring about an out of country right of appeal are human rights claims whilst the claimant is outside the UK, revocation of protection whilst the claimant is outside of the UK, protection claims under s 94 of the 2002 Act and human rights claims made whilst the claimant is in the UK and certified under s 94 of the 2002 Act. It is advised that you obtain legal representation such as our specialist immigration lawyers, in order to make an out of country appeal so that your appeal has the best chance of succeeding. ## Certification Powers by the SSHD for an Out of Country Right of Appeal Usually if a claimant was inside the UK when the claim was made, they have an in-country right of appeal, unless the claim has been certified by the SSHD. The SSHD has certification powers under section 94 of the 2002 Act. The following claims may be certified; - a protection or human rights claim if the claim is clearly unfounded; - a protection or human rights claim if the person is to be removed to a third country where there is no reason to believe that their human rights will be breached; - a protection or human rights claim if it is proposed to remove them to a safe country for that claim to be considered safe third party country cases; or - a human rights claim by those liable to deportation where if they are removed there is no real risk of serious irreversible harm before any appeal is concluded. The certification of protection and human rights claims is necessary in order to safeguard the grounds of appeal by preventing appeals delaying removal, where human rights claims are clearly unfounded and by supporting the reduction of intake of false human rights claims. If an individual makes a claim from within the UK but then leaves the country before the final conclusion of the appeal is reached, the appeal is classed as abandoned, unless if the claim has been certified. ## EEA Out of Country Right of Appeal Regulation 27 of the Immigration (European Economic Area) Regulations 2006 (“the 2006 Regulations”) sets out the decisions which sanction out of country right of appeals for EEA nationals. These include refusals to admit a person into the UK, revocation of admission into the UK, an exclusion order against an individual, refusal to issue an individual with an EEA Family Permit and to revoke or refuse to issue or renew any document under EEA Regulations whereby the decision is taken at a time when the relevant individual is outside of the UK. However, if the individual is in the UK and can prove that they are a resident here, they can be judged to be an exception. The individual is deemed not to have been admitted into the UK under Regulation 22(3) of the 2006 Regulations, but instead at the date when the notice of the refusal decision is given should that individual had been in the UK for at least 3 months. ## Using Legal Representations for a Successful Out of Country Right of Appeal Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative if you have an out of country right of appeal. Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest, offering a client-tailored approach from the outset. We can assist you with the preparation of your out of country appeal and ensure that you meet all the requirements of the relevant rules. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. Our Solicitors can also draft comprehensive and strong witness statements in support of your appeal. These can prove essential for a successful appeal. In addition to this, our specialist immigration team can also assist in gathering necessary documentary evidence and provide substantial reviews of your documents to giving your appeal the best chance of overturning a Home Office decision. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation, which may be conducted via Skype. Contact our London immigration solicitors today on 02030110276 or complete our [contact form](https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Successful Judicial Review Claim in Deportation Cases Source: https://immigrationandvisasolicitors.co.uk/successful-judicial-review-claim-2/ *The refusal of an immigration application or appeal is not necessarily the end of the matter, even in deportation cases. Decisions made by the Home Office or a court may contain flaws in their reasoning, or may contain errors of law. It may also be that information relevant to the case was not considered, or the decision was based on information that can be proved to be irrelevant. These points can be the basis for a [Judicial Review](https://immigrationandvisasolicitors.co.uk/immigration-judicial-review/), and a successful Judicial Review claim can lead to the quashing of the original decision, or a mandatory order to reinstate a previously held immigration status.* ## Successful Judicial Review Claim – Changing Government Policy An example of a successful Judicial Review claim can be seen in the case of *RA and BF v SSHD *JR/2277/2015, whereby the Home Office’s decision to deport a migrant family of mother and son to Nigeria was quashed and the Home Office ordered to locate and retrieve them from Nigeria. The Home Office’s initial decision was made under a ‘deport first, appeal later’ policy that was being implemented at the time of the case. It was submitted by the Claimants’ counsel, however, that the welfare of the child should be the “primary consideration” in deportation cases, and the Judicial Review was granted on the basis that the Home Office’s decision-making was flawed in deporting the family, as they did not take into consideration the fact that the mother was suffering from mental illness, and she and her son were at risk of being forced into destitution, prostitution or trafficking on return to their country of origin. The Home Office was required to take the child as being the primary consideration in future deportation cases in light of this decision. That the successful Judicial Review claim in *RA and BF v SSHD* JR/2277/2015 resulted in the government changing their policy regarding the deportation of children makes it something of a landmark case. The decision also represents the first time the Home Office has been ordered to retrieve a deported individual from their country of origin and bear the costs for doing so, and serves to demonstrate the power of a successful Judicial Review claim, even when a situation appears to be desperate. ## Successful Judicial Review Claim – Refugees and Asylum Seekers The decision of the [Upper Tribunal](https://www.gov.uk/courts-tribunals/upper-tribunal-immigration-and-asylum-chamber) in the successful Judicial Review claim of *RA and BF v SSHD* JR/2277/2015 was welcomed by refugee and asylum charities across the United Kingdom, as it pointed to a greater emphasis on the protection of the rights of women and children, and a more ‘gender sensitive’ interpretation of the Refugee Convention 1951. Whilst women claiming asylum on the basis of domestic violence are often disbelieved at the first instance, it was noted by Debora Singer of Asylum Aid that women ‘*are more likely than a man to have a refusal for protection corrected at appeal*’, giving further credence to the effectiveness of a successful Judicial Review claim. Though there may appear to be a finality in the decisions given by the Home Office, the successful Judicial Review claim in the case of *RA and BF v SSHD* JR/2277/2015 demonstrates that this is not necessarily so. The Home Office did not take relevant considerations into account, giving the claimant grounds to make the appeal, and giving the Upper Tribunal grounds to hand down a landmark judgment. The Upper Tribunal’s decision can be found at: [*RA and BF v SSHD *JR/2277/2015 LEXVISA Immigration Solicitors London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/05/RA-and-BF-v-SSHD.pdf). ## Using Legal Representation to Make a Judicial Review Claim in the United Kingdom Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make a Judicial Review claim. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Make a Judicial Review Claim in the United Kingdom [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Manifesto Immigration Pledges From the Conservative and Labour Parties Source: https://immigrationandvisasolicitors.co.uk/manifesto-immigration-pledges/ *In the end, there was no televised debate between Theresa May and Jeremy Corbyn; instead, they faced questions separately from the BBC’s Jeremy Paxman on their visions for the future of the United Kingdom. Whilst Mr. Corbyn fared better than was expected – though expectations were never high, it must be said – Mrs. May did not give the ‘strong and stable’ performance her supporters would have hoped for. Central to the questions were the manifesto immigration pledges of each party, and how they intend to tackle such a burning issue.* ## Manifesto Immigration Pledges - Conservatives The Conservative Party had the luxury of preparing their [manifesto](https://web.archive.org/web/20191030184228/https://www.conservatives.com/manifesto) with prior knowledge that a general election was to be called, and in that respect their offering is much more detailed than that of the Labour Party. There are specific figures mentioned to which they could possibly be held, with the most notable of all the Conservative Party’s manifesto immigration pledges being the stated target of reducing net migration to the tens of thousands rather than the hundreds of thousands (net migration is currently 273,000). The manifesto states that the Conservative Party aims to reduce and control migration - mostly, it seems, through selective immigration that will address the ‘shortage of skills’ that the Conservative Party believes to exist in the economy. The Conservative Party aims to increase inward investment to the United Kingdom’s economy, and their manifesto immigration pledges are focused on making ‘immigration work for these sectors’. The way in which the Conservative Party states they will do so is by setting aside visas for workers in sectors that are considered to be strategically important, such as the digital economy. A delicate balancing act, perhaps, and not one that acknowledges the value that migrants in other sectors already bring to the United Kingdom, and that also does not reconcile with [the pledge to double the Immigration Skills Charge to £2,000](https://immigrationandvisasolicitors.co.uk/south-asian-chefs-work-permits/) which will serve only in making it less attractive for businesses to hire non-British nationals. Tough on immigration, tough on the causes of immigration, one might say. The Conservative Party’s manifesto immigration pledges aim to secure entitlements for EU nationals exercising Treaty rights in the United Kingdom on the one hand, but to also control migrants from the EU on the other. Migrants coming from outside the EU will be targeted with ever higher requirements, however, with increased earnings thresholds for those who wish to sponsor family visas, as well as an increase in the Immigration Health Surcharge for migrant workers (£600) and international students (£450) also being pledged. The ‘hostile environment’ that the government has been committed to creating for undocumented migrants grows ever larger, it seems. ## Manifesto Immigration Pledges - Labour The Labour Party’s [manifesto](https://web.archive.org/web/20170923154822/http://www.labour.org.uk/page/-/Images/manifesto-2017/Labour%20Manifesto%202017.pdf) is lacking in the detail that the Conservative Party’s manifesto is able to offer, but differs greatly in its approach to the issue of immigration. Whilst the Labour Party’s manifesto immigration pledges aim to set Labour apart from the Conservatives by removing a number of restrictions to movement, the pledges are mostly consistent with the manifesto’s implicit aim of redistribution of wealth through taxation. This can be evidenced in part through the pledge to reintroduce the Migrant Impact Fund, which was designed to lessen the burden on public services but was scrapped the Cameron government. The Migrant Impact Fund worked through a levy of £50 on non-EEA visas, and it is also pledged by Labour that the Fund will be further boosted by investments required for ‘High Net Worth Individual Visas’. A Labour government, it can therefore be extrapolated, will increase the fees and financial requirements for some visas. Net migration is not given the weight that it is in the Conservative manifesto, with the idea of migration targets being rebuffed. The Labour Party does pledge to remove student visas from the net migration statistic on the proviso that international students are not permanent residents, however; a sleight of hand will immediately reduce net migration, whilst maintaining the benefits that international students bring. Though they speak of reform, the Labour Party’s manifesto immigration pledges are otherwise light on detail. They speak of introducing ‘new migration systems’ which may include ‘employer sponsorship, work permits, visa regulations or a tailored mix’, but do not speak exactly of how this is to be achieved, or at whom the ‘tailored mix’ will be aimed. The manifesto also comments that the Conservatives intend to turn landlords into immigration officers, which could point to the Right to Rent scheme being removed. But will this mean that agents will be checking the documentation of prospective tenants, or a government department? Again, the details are not clear; what is clear, however, is that Labour are presenting themselves as being ‘not the Tories’, which, if their increase in the polls is to be believed, may yet prove an effective strategy. ## Using Legal Representation to Make an Confirm Your Immigration Status in the United Kingdom Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to confirm your immigration status in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Confirm Your Immigration Status in the United Kingdom [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Tech Nation Tier 1 Exception Talent Visa applications quadruple leaves UK Government stunned Source: https://immigrationandvisasolicitors.co.uk/tech-nation-tier-1-exception-talent-visa/ *In light of the EU referendum, applications for [Tech Nation](https://technation.io/visa/) Tier 1 Exception Talent Visa have more than quadrupled in the last year. The Tech Nation Tier 1 Exceptional Talent Visa was first introduced by the Conservative Party in 2014 in an attempt to make London the digital technology capital of Europe and to assist digital technology companies to recruit the retain the best talent from outside the EU.  * ## Substantial Increase in Tech Nation Tier 1 Exception Talent Visa The Home Office received 380 Tech Nation Tier 1 Exception Talent Visa applications in the year ending April 2017. This was a significant improvement compared to last year when the Home Office only received 100 Tech Nation Tier 1 Exception Talent Visa applications and considering the fact that there is an annual cap of 200 Tech Nation Visas per year. Due to the upsurge of Tech Nation Tier 1 Exception Talent Visa, the Home Office were forced to allocate additional visas from other bodies that had not used up their allocated quotas. It is suggested that specialist digital technology companies have accepted the UK’s imminent departure from the EU. Leading digital technology companies have started to recruit recognised industry experts in the digital technology field from outside the EU as it is not clear what rights EEA workers may have following the Brexit deal. Leaving the Brexit issue to one side, the UK has become one of the most attractive destinations for Applicants looking to thrive in the digital technology field. ## What is a Tech Nation Tier 1 Exception Talent Visa? The Tech Nation [Tier 1 Exception Talent Visa](https://www.gov.uk/tier-1-exceptional-talent/overview) scheme allows talented individuals from all around the world to apply to work in the digital technology sector in the UK. The Conservative Party introduced the Tech Nation Tier 1 Exception Talent Visa scheme in 2014 in an attempt to make London the digital technology capital of Europe. Since the introduction of the Tech Nation Tier 1 Exception Talent Visa scheme the UK has become the home to 8 of Europe’s top 20 universities, more than any other European Country. There are currently 1.64 million digital tech jobs in the UK and the digital sector is creating jobs twice as fast as the non-digital sector. It is clear the digital technology sector in the UK has made serious advancements in becoming the digital technology capital in Europe and the future looks promising for overseas Applicants. ## Eligibility for Tech Nation Tier 1 Exception Talent Visa The Tech Nation Tier 1 Exception Talent Visa comprises of two stages: Firstly you are required to be endorsed by a Designated Competent Body in your field. Each Designated Competent Body will have its own endorsement criteria. Generally, you will be required to demonstrate that you have potential to make significant contributions in your field of expertise or demonstrate that you have contributed as a market leader. **[Stage 1](https://immigrationandvisasolicitors.co.uk/uk-tier-1-exceptional-talent-visa/) -** **Tech Nation Tier 1 Exceptional Talent** **Endorsement:** Firstly you are required to be endorsed by a Designated Competent Body in your field. Each Designated Competent Body will have its own endorsement criteria. Generally, you will be required to demonstrate that you have potential to make significant contributions in your field of expertise or demonstrate that you have contributed as a market leader. **[Stage 2](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-immigration-application/) - Tech Nation Tier Exceptional Talent Visa Application**: Once you have received a successful decision from a corresponding Designated Competent Body on your Stage 1 Endorsement application, you can then move on to the Stage 2 Visa Application, which is solely governed by the [Home Office](https://www.gov.uk/government/organisations/home-office). [UK visas and immigration applications](https://www.gov.uk/government/organisations/uk-visas-and-immigration) can often be lengthy and complex, our team will be able to assist and guide you through your application to ensure that your application has the highest possibility to succeed. ## Successful Tech Nation Tier 1 Exceptional Talent Visa Applications Obtaining recommendation letters and evidence for your [Stage 1 Endorsement](https://immigrationandvisasolicitors.co.uk/uk-tier-1-exceptional-talent-visa/) application can be a complicated and daunting process as the Home Office imposes strict criteria for each specified document. Further, compiling a strong immigration application requires a professional approach, such that your application would have the highest possibility of success. [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced lawyers will be able to guide you through the process step by step. If you are interested in applying under this route, our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a Tech Nation Tier 1 Exceptional Talent visa application. We are regularly instructed by Tier 1 (Exceptional Talent) entrepreneurs and undertake a detailed review for Applicants and will be able to guide you through the process of making a Tech Nation Tier 1 Exceptional Talent visa application step by step and limit the possibility of failure by complying with the strict letter of the law. Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our [legal case assessment form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. **If you need professional legal advice about applying for a UK Tech Nation Tier 1 Exceptional Talent visa, please contact us for a case assessment on 02030110276. You can also reach us via our **[**contact form**](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)**. ** --- # New Immigration Administrative Charges for Visa Applications Source: https://immigrationandvisasolicitors.co.uk/immigration-administrative-charges-visa-applications/ *From today, the 1 June 2017, UK Visas and Immigration (UKVI) will be imposing further immigration administrative charges on letter and email enquiries made on UK Immigration and Visa applications.  Not long ago, the UKVI imposed immigration administrative charges that meant that any phone calls to UKVI would be charged at a rate of £1.37 per minute, not including network fees. This hefty charge saw more Applicants making email and written enquiries instead as they were free of charge. However, these further immigration administrative charges could have a serious negative effect on Immigration and Visa Applicants as those applying without legal representation would no longer be able to seek UKVI guidance on their Immigration and Visa Applications.* ## The Negative Impact of Further Immigration Administrative Charges The UK Government will be outsourcing all enquiries and correspondence from Applicants who are outside of the UK to Sitel UK, who are worldwide leaders in customer experience management and business process outsourcing. This means that UK Immigration and Visa Applicants who are outside of the UK will now be charged £5.48 for every letter they send to UKVI.  Applicants will also be charged the same amount for every email enquiry that is made and any follow-up email which relates to the same enquiry. The charge has been defended with the thought that it will; > *“help reduce costs and ensure those who benefit directly from the UK immigration system make an appropriate contribution”.* [This new charge](https://www.gov.uk/government/news/customer-enquiry-service-changes) has sparked outrage as certain cases may require Applicants to have lengthy correspondence with UKVI with regards to their application. As a consequence, Applicants will be accumulating huge immigration administrative charges on top of the Application and postal courier fees that they already face, simply by trying to gain assistance with their UK Immigration and Visa Application. Applicants should also be aware that the opening hours have also been amended and the number of languages that are being offered is reduced to 8, including English. As of yet, there are no plans to apply these immigration administrative charges to people contacting UKVI from within the UK, but our specialist [immigration solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) suggest that this is not far from being extended to in-country applications. ## UKVI Administrative Efficiency from the Further Immigration Administrative Charges The Home Office is often heavily criticised for its lack of administrative efficiency. Often, there are complaints of Applicant’s original documents being lost or misplaced, with little possibility of recovery. This could cause unnecessary stress for Applicants, on top of bringing about complications for the Applicant with regards to their Immigration and Visa Application and potential status in the UK if they end up without a passport or vital documents. Additionally, there are significant delays in UKVI processing Immigration and Visa Applications, as well as delays in providing the decisions on those applications. UKVI no longer acknowledges when they receive any letters for Immigration and Visa Applications which may leave Applicants wondering whether or not it has been received, which can generate large amounts of uncertainty. This uncertainty is then further prolonged by the fact that the Home Office frequently fails to respond to these letters promptly and efficiently. Therefore, it could be argued that these further immigration administrative charges may improve administrative efficiency within the Home Office by reducing delays and provide a better service to Applicants. Nonetheless, many are taking a negative view of these changes as the cost may not be proportionate to increased efficiency. On top of that, there is no actual guarantee that efficiency will be improved, so Applicants could be left paying more in immigration administration charges as well as receiving the same inefficient, poor service. It is recommended that Applicants seek legal representation from our specialist [immigration solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) in order to assist with their Immigration and Visa Applications to ensure it has a better chance of success. ## Using Legal Representations to Submit Successful UK Immigration and Visa Applications Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a successful immigration application to the UK Home Office. Such applications can be complicated at times as the Home Office have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the process. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Advice from LEXVISA UK Immigration Solicitors on Successful UK Immigration and Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Immigration and Visa Department. We can assist you with the preparation of your Immigration and Visa Application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  Our offices are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK visa and immigration solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Dual Nationality EU Citizens Update: EU Nationals can Retain EU Rights after Obtaining British Citizenship Source: https://immigrationandvisasolicitors.co.uk/dual-nationality-eu-citizens/ *On 8 March 2016, the UK High Court referred the case of *Lounes v Secretary of State for the Home Department *to the European Court of Justice ('ECJ'). The case was regarding the rights of dual nationality EU citizens after Brexit, and concerned the Algerian spouse of a Spanish national who had obtained British citizenship whilst retaining her Spanish nationality. The question was whether the Spanish national could rely on her rights as a Union citizen, or whether these rights were restricted by her obtaining British nationality. The Court sought the opinion of Advocate General Bot, which was duly given in May 2017.* ## Dual Nationality EU Citizens and Case Background The Spanish national came to the United Kingdom in 1996 and attained British nationality in 2009, whilst also retaining her Spanish nationality. She began a relationship with an Algerian national who had overstayed his United Kingdom visitor visa, and the couple were married in 2014. The Algerian national applied for an EEA residence card under the [Immigration (European Economic Area) Regulations 2006](https://web.archive.org/web/20190313165152/http://www.legislation.gov.uk:80/uksi/2016/1052/made) as the family member of the dual Spanish and British national, but this application was refused on the basis that the Spanish national was not a beneficiary of rights conferred by Directive 2004/38 (the ‘Free Movement Directive’). This was due to the Immigration Regulations 2006 having been amended to preclude dual nationality EU citizens from benefiting from the Free Movement Directive. The Algerian national subsequently appealed the decision to refuse his application. In the view of the High Court judge hearing the appeal, as the case concerned the rights of dual nationality EU citizens and points of European law, it was necessary to seek the opinion of the European Court of Justice. Advocate General Bot of ECJ agreed that Directive 2004/38 did not apply to dual nationality EU citizens such as the British and Spanish national, as the Free Movement Directive was confined to EU citizens who lived in Member States of which they are not citizens. As she was a British national living in the United Kingdom, she was therefore not able to benefit. There was, however, another issue that [Advocate General Bot](https://en.wikipedia.org/wiki/Yves_Bot) identified, which was that of a derived right of residence based on Article 21(1) TFEU. This Article provides that Member States must permit Union citizens who are not their nationals to move and reside within their territory with their spouse and other family members who are not Union citizens. Advocate General Bot stated that, in order to ensure that this Article is effective, the Free Movement Directive is applied by analogy. ## What the Lounes Case Means for Dual Nationality EU Citizens What this means in the case of *Lounes v Secretary of State for the Home Department* [2016] EWHC 436 (Admin) is that dual national EU citizens “*may not be afforded treatment less favourable than they enjoyed in that State under Directive 2004/38* *before their naturalisation than they would be granted under EU law if they moved to another Member State*.” Dual national EU citizens such as the dual British and EEA national, then, should be able to retain and exercise their EU rights in the United Kingdom. So despite the Free Movement Directive not applying to the dual national, she was still able to enjoy the benefits it conferred under the Advocate General’s interpretation of Article 21(1) TFEU. The High Court judgment can be found here: [Lounes v SSHD [2016] EWHC 436 (Admin) LEXVISA Immigration Solicitors](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/06/Lounes-v-SSHD-2016-EWHC-436-Admin.pdf). Advocate General Bot's opinion can be found here: [Opinion of Advocate General Bot on Toufik Lounes v SSHD LEXVISA Immigration Solicitors London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/06/Opinion-of-Advocate-General-Bot-on-Toufik-Lounes-v-SSHD.pdf). ## What impact will this have on the Rights of Dual Nationality EU Citizens After Brexit? When it is handed down, the decision in the case of *Lounes v Secretary of State for the Home Department* [2016] EWHC 436 (Admin) will go some way to determining the future of the rights of dual nationality EU citizens after Brexit, and what continued rights EEA nationals will enjoy. British citizenship will need to be within the scope of any deal that is made with the EU, and will need to fall within the ‘entitlements’ that were set out in the Conservative manifesto – assuming a Conservative victory in the upcoming General Election, of course. No matter who wins the election, considering that the approach taken by Advocate General Bot is not likely to be favoured by the Home Office, the European Union will be unlikely to accept that the Home Office or even the Courts of the United Kingdom should determine what those continued rights should be, and those rights will be paramount in Brexit negotiations. It is worth noting also that Advocate General Bot described the prospect of dual nationality EU citizens such as the dual Spanish and British national, who claimed British citizenship in order to integrate more fully into the United Kingdom, losing their rights enjoyed under Article 21(1) TFEU to bring her non-EEA national spouse to the United Kingdom as being “*illogical and full of contradictions*”. This opinion could easily be applied to the restrictions that the United Kingdom places on her own citizens who wish for their non-EEA spouses to live in the United Kingdom. ## Using Legal Representation to Apply for EEA Permanent Residence and British Citizenship in the United Kingdom Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to apply for EEA Permanent Residence and British citizenship in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for EEA Permanent Residence and British Citizenship in the United Kingdom [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   ## --- # Asylum Claims Case Study: Burden of Proof and Credibility Assessment Source: https://immigrationandvisasolicitors.co.uk/asylum-claims-case-study/ *When demonstrating that an asylum-seeker faces a real risk of persecution, the distribution of the burden of proof between claimant and Immigration Authorities is theoretically in favour of the claimant. Yet this is not always the case in practice, as the UK Government will often seek to undermine the credibility of asylum claims, and attempt to shift the burden of proof back onto the asylum-seeker. However, the case of *[J.K. and Others v Sweden ](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/06/JK-and-Others-v-Sweden-59166.12.pdf)*(59166/12), which was heard in the Grand Chamber of the European Court of Human Rights (“ECtHR”), has confirmed that the burden of proof indeed favours the asylum-seeker, and that lessening the credibility of the asylum-seeker’s evidence does not render their claim groundless.* ## Background to J.K. and Others v Sweden The case of *J.K. and Others v Sweden*, heard in the [Grand Chamber of the ECtHR](http://www.echr.coe.int/Pages/home.aspx?p=home) on 23 August 2016, concerned three Iraqi nationals who had claimed asylum in Sweden in 2012 on the basis that, having faced persecution from al-Qaeda for collaborating with the US during the period 2004 to 2008, their lives would be imperilled should they be returned to Iraq. This application for asylum was refused on the basis of the credibility of their evidence, and that the asylum-seekers had not sufficiently proven the risk to their lives was still extant. The Grand Chamber ECtHR, however, found that such a decision was a violation of the applicant’s rights under Article 3 ECHR - the prohibition of torture and other degrading treatment – and they should not be deported. ## Burden of Proof in Asylum Claims The Grand Chamber’s decision centred around the distribution of the burden of proof necessary for asylum claims, in which it is considered to be the shared duty of the asylum-seeker and Immigration Authorities to ascertain and evaluate all relevant facts of the case. The Grand Chamber accepted that, as a general rule, the asylum-seeker must be able to provide a substantiated account of the risk of ill-treatment that they will face in their country of origin should they be deported. This account must distinguish the asylum-seeker’s situation from the general perils of life in their country of origin, and the asylum-seeker’s burden of proof is therefore that they submit all the evidence possible that relates to their individual circumstances; it does not fall within the asylum-seeker’s burden of proof to demonstrate the general perils of life in their home country, and once they have submitted all their evidence, their burden of proof is considered to be discharged. It is for the Immigration Authorities, therefore, to establish the general situation in the asylum-seeker’s country of origin, and it is required that they do so at their own initiative. The Grand Chamber held that this should be done using impartial sources, and the Grand Chamber recognised that establishing the general situation of the country of origin is a far larger burden of proof than that carried by the asylum-seeker. The benefit of the doubt, the Grand Chamber held, should be granted “*in favour of an individual seeking international protection*”. ## Credibility in Asylum Claims The Grand Chamber also considered the credibility of the claim in *J.K and Others v Sweden*. Some of the documents that were submitted as supporting evidence were deemed to be simple in nature and of little evidentiary value; coupled with the fact that the applicants had not made more detailed submissions regarding abuses in 2008, it was held by the Court that the credibility of their claims had been lessened as a result. The Grand Chamber, however, held that this was not the case, and that any implausibility or inaccuracy in the details submitted by the asylum-seeker does not necessarily detract from the overall general credibility of a claim. Furthermore, it was held that a lack of documentary evidence cannot be decisive when considering an asylum claim, and that any difficulties the asylum-seeker has in gathering evidence should also be taken into account when considering their claim. These steps, the Grand Chamber held, were not taken in the case of *J.K and Others v Sweden*. The decision of the ECtHR can be accessed here: [JK and Others v Sweden (59166/12) LEXVISA Immigration Solicitors London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/06/JK-and-Others-v-Sweden-59166.12.pdf). ## What Does This Case Mean for Asylum Claims in the United Kingdom? For asylum-seekers seeking protection in United Kingdom, the judgment in the case of *J.K. and Others v Sweden* provides guidance on how to best present a claim. The rules regarding the burden of proof stipulate that the asylum-seeker must submit evidence that demonstrates their own circumstances, and that the Immigration Authorities must at their own initiative establish the situation in the asylum-seeker’s country of origin. However, it is not always advisable for the asylum-seeker to rely on the Immigration Authorities taking such steps; asylum claims in the United Kingdom are notoriously difficult to succeed in, and whilst the rules regarding the burden of proof are generally followed, the Immigration Authorities in the United Kingdom will seek to undermine the credibility of the claim as well as the severity of the risk the asylum-seeker is facing. The asylum-seeker has an opportunity to demonstrate the veracity of their claim through an interview - for which thorough preparation should be made - but there should also be supporting evidence of the context of the situation in their country of origin. In this way, there is an element of control that the asylum-seeker can exert on the process, and these steps can help to establish the credibility of an asylum claim. ## Using Legal Representation to Make Asylum Claims in the United Kingdom Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make asylum claims in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Make Asylum Claims in the United Kingdom [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Immigration Detention Case Study: Indefinite Immigration Detention Does Not Breach Article 5 ECHR Source: https://immigrationandvisasolicitors.co.uk/immigration-detention-judicial-review/ *Immigration detention is the administrative process whereby an individual is subject to immigration control and is held whilst they wait for either permission to enter the country, or before they are removed or deported from the country. Extended periods of detention can amount to large costs to the UK tax payer and have detrimental effects on the detainee by causing them serious mental distress. However, the recent decision in [Arben Draga v United Kingdom (Application no. 33341/13)](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/06/Arben-Draga-33341.13.pdf) found that the system of indefinite detention in the UK was seen to not breach Article 5 of the European Convention of Human Rights (ECHR).*![](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/06/CWRNPF_2424829b.jpg) ## Indefinite Immigration Detention in the UK The UK is one of the largest users of immigration detention across the whole of Europe. Individuals can either be detained in Immigration Removal Centres, Short-Term Holding Facilities or prisons. Unlike the rest of Europe who, under the [EU Returns Directive](http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:348:0098:0107:en:PDF), only holds migrants in immigration detention for a maximum of 18 months, the UK has no time limit; therefore it is not uncommon for detainees in the UK to be held for years. Rules regarding immigration detention in the UK were initially found in the Immigration Act 1971, and have been amended by subsequent acts. English law does not provide for an automatic judicial review of the lawfulness of detention and therefore the onus is on the detainee to actively challenge the lawfulness of the detention and make a judicial review. Indefinite detention in the UK has been widely perceived as harsh by many human rights organisations and in some cases it has been argued that indefinite immigration detention is a violation of a person’s fundamental human rights. It could be said that indefinite immigration detention is largely for administrative convenience and therefore does not prioritise the human rights of the detainees. ## Background of the Case: Arben Draga v United Kingdom (Application no. 33341/13) The Applicant is a Kosovan national who entered the UK in 2001 and was granted Indefinite Leave to Remain after his asylum claim was accepted. Since then he has had a number of altercations with the UK Criminal Justice System which includes numerous drug offenses, and consequently was arrested and detained on 2 August 2006 pending his deportation. The Applicant appealed against the detention though it was dismissed in February 2007. However, after the Applicant sought reconsideration and bail was granted on 30 March 2007, only for him to be detained again in November of that year. After further appeals, the Applicant was eventually granted bail on 30th September 2010 and released on 2nd October 2010 with a condition that he reside at the address provided by the Secretary of State for the Home Department. The Applicant made complaints to the European Court of Human Rights (ECtHR) that his two episodes in detention were in violation of Article 5 (1)(f) ECHR which is as follows: *(1) Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law;* *(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition. * ## Judgement of the Case The Applicant stated that the UK law which legislates immigration detention is not sufficiently precise, accessible and foreseeable in its consequences to meet the standard of lawfulness and, as such, it lacked the quality of law necessary to deprive him of his liberty. This was however not accepted by the ECtHR who said that despite the fixed time limits and the unautomated judicial review, the detention system was still accessible to the detainee, and he was able to challenge the lawfulness of his on-going detention at any given time. Henceforth, indefinite immigration detention in the UK was not found to breach Article 5 ECHR in this particular case. The decision of the Fourth Section of the European Court of Human Rights can be accessed here: [Arben Draga v United Kingdom (33341/13) LEXVISA Immigration Solicitors](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/06/Arben-Draga-33341.13.pdf). ## What Does This Case Mean for Immigration Detainees in the UK? For migrants who are subject to immigration detention in the UK, the case of Arben Draga provides guidance in bringing about a judicial review. Although unsuccessful, the case highlights the importance for detainees in UK immigration detention to challenge the lawfulness of their detention if the length of time in detention is disproportionate. If the SSHD cannot deport the detainee within a reasonable period of time, then the SSHD should cease exercising the power of detention. It is important for individuals who are in UK immigration detention to seek legal representation when making a judicial review claim against any detention that is in breach of their rights under Article 5 ECHR so that it has the best possible chance of success. ## Using Legal Representation for a Judicial Review against Indefinite Immigration Detention Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make a judicial review against indefinite detention. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application or judicial review succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Judicial Review Claims against Indefinite Immigration Detention [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [Our offices are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete [our contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # EU National Children with a Non-EU Parent Case Study: Chavez-Vilchez and Others (Case C-133/15) Source: https://immigrationandvisasolicitors.co.uk/eu-national-children-case-study/ *The rights of EU national children born to a non-EU national parent were more clearly defined by the Grand Chamber of the [European Court of Justice](https://en.wikipedia.org/wiki/European_Court_of_Justice) (“the ECJ”) in the judgment to the case of *[Chavez-Vilchez and Others ](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/06/Chavez-Vilchez-and-Others-Case-C-133.15.pdf)*(Case C-133/15), handed down on 10 May 2017. The ECJ held that EU national children’s enjoyment of their rights under Article 20 TFEU includes the right for the non-EU national parent upon whom they are dependent to remain in the Member State in which the EU national child is a citizen. This judgment reflects the need to take the best interests of the child into account when making immigration decisions.* ## EU National Children – Background to Chavez-Vilchez and Others The case of *Chavez-Vilchez and Others *concerned EU national children born to non-EU national mothers in the Netherlands. Chavez-Vilchez, upon whom the case centred, was a Venezuelan national who travelled to Europe on a tourist visa and entered into a relationship with a Dutch national. The couple had a child, and lived in Germany together until they separated and Chavez-Vilchez returned to the Netherlands, taking sole custody of their child, with whom she lived in an emergency refuge. Chavez-Vilchez was refused social welfare, and it was decided by a Court in the Netherlands that she did not have a right of residence in that country, and would be required to leave under a stringent interpretation of the *[Zambrano](http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:62009CJ0034&from=EN) *principle. The case was referred to the ECJ in order to clarify whether this interpretation complied with EU law. ## The Rights of EU National Children Under Zambrano and Chavez-Vilchez and Others The judgment handed down in the case of *Zambrano* in 2011 held that Member States are unable to refuse a non-EU national parent with dependent EU national children the right of residence in the Member State of residence and nationality of their child or children. However, this judgment has been the subject of increasingly stricter interpretation, to the point that immigration authorities will remove a non-EU national parent if there is an EU national parent who can look after the child and who is a citizen of the Member State. This can be the case even if the EU national parent does not want to take care of the EU national child. In *Chavez-Vilchez and Others*, the ECJ took steps to realign the interpretation of *Zambrano* with its original purpose, which was to respect ‘the genuine enjoyment of the substance of rights conferred by virtue of their status as citizens of the Union’ under [Article 20 TFEU](https://web.archive.org/web/20170625141351/https://europadatenbank.iaaeu.de/user/view_legalact.php?id=24). This includes the rights of EU national children, with the enjoyment of those rights including the right to live with the non-EU national parent. Doing so marries with the aim of taking into account the best interest of the child, which the ECJ holds to be the main factor when making a decision regarding the residence status of that child’s non-EU national parent. It needed to be established in the eyes of the ECJ, importantly, that any EU national children were solely dependent on their non-EU national parent – and that this dependence was not overridden by the presence of an EU national parent, as had previously been the case in the more recent interpretations of *Zambrano*. ## What Chavez-Vilchez and Others Means for EU National Children Born in the United Kingdom The need to respect ‘the genuine enjoyment of the substance of rights conferred by virtue of their status as citizens of the Union’ under Article 20 TFEU currently extends to children from the United Kingdom, and will do at least until Brexit is enacted. The ruling of *Chavez-Vilchez and Others* therefore applies to the non-EU national parents of children born in the United Kingdom, and if dependency can be proven then a right of residence can be claimed by that parent. The ruling also states that the non-EU national parent will have the right to social welfare benefits in the United Kingdom along with that right to residence. In a broader interpretation of *Chavez-Vilchez and Others*, it is apparent that the best interest of the child is paramount in immigration decisions, which can be seen in the instance of *Rendon Marin* and *CS*, whereby Member States were precluded from expelling criminal non-EU national parents without first applying a very stringent proportionality test, and is thus confirmed by the case of *Chavez-Vilchez and Others*. The judgment of the Grand Chamber of the ECJ can be accessed here: [Chavez-Vilchez and Others (Case C-133/15)](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/06/Chavez-Vilchez-and-Others-Case-C-133.15.pdf). ## Using Legal Representation to Regularise Your Immigration Status in the United Kingdom as the Parent of EU National Children Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to apply for Leave to Remain in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Leave to Remain Applications as the Parent of EU National Children [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK General Election: What a Hung Parliament Means for EEA Nationals Source: https://immigrationandvisasolicitors.co.uk/uk-general-election-eea-nationals/ *Theresa May’s attempt to cement her position and authority has tremendously backfired, as the UK woke up this morning to news that the [UK General Election](http://www.independent.co.uk/news/uk/politics/election-uk-2017-live-updates-jeremy-corbyn-theresa-may-result-hung-parliament-tories-dup-a7781521.html) resulted in a hung parliament. The Conservatives failed to hold onto a majority of seats and as a result, have had to form an alliance with Ireland’s Democratic Unionist Party (DUP) in order to form a majority Government. The future of migrants in the UK and Brexit are now more uncertain than ever due to this hung parliament and no clear, set plan for the future. * ## The UK General Election Result In order for a political party in the UK to have a majority government, they must have at least 326 seats in parliament. The Conservatives are set to have 319 seats, which would mean they have lost 13 seats since Theresa May called this snap election back in April. In the event that no political party has a majority, this is known as a hung parliament. Late this morning, the PM held talks with the DUP leader about seeking an agreement between the two parties and form a majority Government.  Mrs May gave no details how she would work with the DUP, but suggested it would be a loose, "confidence and supply" deal rather than a formal coalition as we saw in 2010 with the Conservatives and the Liberal Democrats. The outcome of this UK General Election is a massive humiliation for the Theresa May, as she called the election in an attempt to strengthen her hand in talks with the European Union on Brexit; however it has completely backfired and had the opposite impact. The President of the European Council, Donald Tusk, has written to Theresa May this afternoon to congratulate her on her "re-election”, but emphasises the importance of the Brexit talks and *“securing the least disruptive outcome for our citizens, businesses and countries after March 2019*". Brexit was one of the key features of this election campaign, and if you are an EEA national who is concerned about your status in the UK, you should not hesitate to contact a solicitor, such as a member of our specialist immigration team, in order to discuss your next steps and help prepare any residence applications. ## What Does the Outcome of the UK General Election Mean for EEA Nationals? As a consequence of the general election resulting in a hung parliament, there is even greater uncertainty over the future of the UK. It has been confirmed that the Brexit negotiation timetable is to go ahead as scheduled, with talks about Britain’s exit from the European Union scheduled for 19 June 2017, yet Britain’s stance in these early talks remains to be seen. Arlene Foster, who is the leader of the DUP, has previously expressed the interest for a ‘soft’ Brexit, stating that; > *“no-one wants to see a ‘hard’ Brexit, what we want to see is a workable plan to leave the European Union, and that’s what the national vote was about – therefore we need to get on with that”.* This could, therefore, alter Mrs May’s strategy that no Brexit deal is better than a bad one and urge her to strike a deal that would not be entirely detrimental for migrants in the UK, however it is unlikely the DUP will have a great amount of influence. In her speech she made outside number 10 Downing Street earlier today, the PM ironically vowed to provide certainty and keep the country safe, when the instability of a minority Government is not providing comfort to any of the EEA nationals who exercising treaty rights in the UK and are unsure of their future here in the country many now call home. Hence it is no surprise that many EEA nationals are rushing to regularise their status and become a permanent UK resident before the imminent changes to the way EEA nationals can apply for residence. ## Using Legal Representation to Apply for an EEA Residence Card after the UK General Election Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status, even in times of uncertainty. It is possible to instruct an immigration and visa legal representative to apply for an [EEA Residence Card](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) and confirm your status in the UK. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Submitting Successful EEA Permanent Residence Card Applications after the UK General Election Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our contact form. --- # Meeting the Minimum Income Requirement and Alternative Sources of Income Source: https://immigrationandvisasolicitors.co.uk/minimum-income-requirement/ *The Minimum Income Requirement for Applicant’s applying for a family of a settled person visa is a contentious requirement which continuously worries Applicants and has often resulted in the separation of families for long periods. There is often a misconception that the only way to meet the Minimum Income Requirement is by demonstrating that the Applicant meets the threshold of £18,600 through their Sponsors salaried employment in the UK. There are 5 different ways Applicants can meet the Minimum Income Requirement for their visa application.  The recent noteworthy Supreme Court judgement in [MM Javed](https://web.archive.org/web/20170223131348/https://immigrationandvisasolicitors.co.uk/supreme-court-ruling-mm-majid-javed/) declared the Minimum Income Requirement to be lawful but criticised the Home Office Policy and Guidance suggesting reforms so that the Policy and Guidance give more weight to the interests of the children involved**. Following the judgement, it is likely that the Home Office will amend its Policy and Guidance allowing alternative source funding to be considered. * ## The Minimum Income Requirement can be satisfied in 5 ways We regularly assist clients in submitting successful family-based visa applications such as the [Unmarried Partner](https://web.archive.org/web/20170115234613/https://immigrationandvisasolicitors.co.uk/uk-unmarried-partners-de-facto-visa/), [fiancé](https://immigrationandvisasolicitors.co.uk/uk-fiance-marriage-visa/) and [Spouse](https://web.archive.org/web/20170116000810/https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) Visas. Whilst the most common way of meeting the Minimum Income Requirement is through salaried employment demonstrating that the Sponsor earns a minimum income of £18,600.  It is not the only way of meeting this controversial requirement, in fact, there are 5 ways an Applicant can meet theMinimum Income Requirement under Appendix FM to the Immigration Rules. Please See table below in which we outline the different sources of income which may be relied upon in a visa application: | Category | Source Of Income to Meet the Minimum Income Requirement | | -------- | ------------------------------------------------------- | | A & B | Applicants can meet the Minimum Income Requirement by relying upon their Sponsors income from salaried or non-salaried employment. This can be salaried employment with one employer for a period of 6 months or more alternatively employment with various employers for a period of over 12 months, overseas salary can also be relied on. | | C | In some circumstances, Applicants can rely on income from non-employment such as income deriving from; property rental, Dividends or other income from investments, bonds or trusts funds, ongoing royalty or insurance payments amongst other forms of income. | | D | If an Applicant or Sponsor have held cash savings in the sum of at least £62,500 for a period of more than 6 months and have full ownership of the savings, then these can be relied on exclusively or in combination with another category.  Savings must be held in cash in a personal bank/savings account in the name of the Applicant or Sponsor or jointly. The savings can be from any legal source, including a gift from a family member or other third party, provided the source of the cash savings is declared. | | E | Applicants can rely on their Sponsors annual income from state or private pensions. | | F & G | Applicants can rely on their Sponsors income from self-employment as a director of a specified limited company in the UK. | To meet the Financial Requirement and submit a successful UK visa application you must provide the specified documentary evidence listed in Appendix FM-SE to the Immigration Rules. The documents required would vary depending on which category an Applicant wishes to rely upon. ## Combining categories to meet the Minimum Income Requirement Where a family of a settled person visa application falls short in meeting the Minimum Income Requirement there are some circumstances where categories can be combined to make up the deficit. It is important to note that not every category can be combined. Cash savings can be combined with salaried and non-salaried employment, non-employment and pension. Similarly, salaried and non-salaried employment can be combined with non-employment and income from a pension. Non-employment can be combined with a pension, cash savings and salaried and non-salaried employment. However, Applicants cannot rely on cash savings if they are meeting the Minimum Income Requirement through their Sponsors self-employment as a director of a specified limited company in the UK under category F or G. If you are relying on a combination of categories to meet the Minimum Income Requirement it is crucial you fully understand the distinction between the different categories and recognise which categories can be combined. Our Solicitors and Barristers have a 100% success rate with the family of a settled person visa applications and often assist clients with complex visa applications where the Applicant wishes to meet the Minimum Income Requirement by combing the different categories. ## Alternative Ways of meeting the Minimum Income Requirement following MM Javed Following on from the Supreme Court Judgement in [MM Javed](https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Judgments/javed-v-others-summary.pdf) in which the Supreme Court unanimously backed Theresa May’s harsh Minimum Income Requirement deeming the Minimum Income Requirement to be lawful. The court dismissed the Appellants' claim of a breach of Article 8 ECHR. However, the Supreme Court judgment criticised the Home Office Policy and Guidance and suggested that it needs a major reform as it does not give enough weight to the interests of the children especially where there is an alternative source of funding available to meet the Minimum Income Requirement. Whilst the Supreme Court judgement did not strike out the Minimum Income Requirement, it acknowledged that the Minimum Income Requirement is being inconsistently applied by the Home Office causing hardship for families and that the Home Office Policy and Guidance is ambiguous and lacks clarity. The Supreme Court held that the Home Office Policy and Guidance should be amended to give more weight to alternative ways of meeting the Minimum Income Requirement. This landmark case is considered as a real victory for families, as the Supreme Court judgement is likely to pressure the Home Office to amend its Policy and Guidance in respect of allowing alternative sources of income such as the Applicants overseas employment or funding from family members. At present, Applicants cannot rely on their overseas employment, prospective employment offers in the UK or funding from family members but these changes could be implemented. There is no set timeframe to when these changes may be implemented but it is clear that the Home Office will be amending its Policy and Guidance following the Supreme Courts judgement in MM Javed. ## Using Legal Representation to meet the Minimum Income Requirement in Family Visas Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a family of a settled person visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit an Application meeting the Minimum Income Requirement Our team of solicitors and barristers are specialist immigration lawyers who act in your best interests. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your family of a settled person visa and the merit of an application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant Immigration Rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our immigration lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a family of a settled person visa. Contact our London immigration solicitors and barristers on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Immigration Advice-Impact of Right to Rent Scheme on UK Landlords Source: https://immigrationandvisasolicitors.co.uk/right-to-rent-lexvisa/ Since the introduction of the [Right to Rent](https://immigrationandvisasolicitors.co.uk/right-to-rent-scheme-uk-landlords/) Scheme in England, landlords are required to conduct an obligatory Right to Rent check before renting their properties. The Right to Rent Scheme was introduced under the Immigration Act 2014 and was further amended by the Immigration Act 2016. Under the 2016 Act, landlords found guilty of an offence under [Section 33](http://www.legislation.gov.uk/ukpga/2016/19/part/2/enacted) could face criminal proceedings as well as a heavy civil penalty of up to £3000 per illegal tenant. Recent statistics suggest that landlords are less likely to consider overseas families coming to the UK and EEA nationals when renting their properties. ## Impact of the Right to Rent Scheme on UK landlords It is clear the thought of being fined up to £3000 per illegal tenant and the possibility of being guilty of a criminal offence has instilled fear into landlords in the UK. Recent statistics show that 51% landlords are more reluctant to consider overseas families coming to the UK as potential tenants as they are worried about the repercussions if issues arise with their visas. Similarly, since the EU referendum, 22% of UK landlords are less likely to rent their properties to European nationals due to the uncertainty surrounding their future in the UK. In order to successfully conduct a [Right to Rent](https://www.gov.uk/check-tenant-right-to-rent-documents/who-to-check) Check, the following steps must be taken by landlords: - Landlords must establish that their tenants have permission to be in the UK lawfully. This can be done by checking visa stamps in passports or requesting for Biometric Residence Permits: - All documents must be copied and checked for authenticity and if there are concerns regarding the validity documents then landlords must seek legal advice from immigration [specialist solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) before allowing their tenants into the property; and - Check the length of visa/permission to be in the UK and ensure it covers the total period stated in the Tenancy Agreement. Landlords may not be liable to face civil penalties where they have conducted the Right to Rent Check before issuing a Tenancy Agreement. Landlords will be required to conduct follow-up checks and inform the Home Office if there any changes. ## The Future of the Right to Rent Scheme The Right to Rent Scheme was introduced in England in February 2016 and recent reports suggest that its introduction to the rest of the UK is forthcoming. However, the Residential Landlords Association (RLA) has expressed serious concerns on the Right to Rent Scheme. In particular, the RLA are worried about innocent landlords who may be convicted for simple mistakes. After all, landlords are not expected or required to have an extensive knowledge of the UK Immigration Rules. RLA policy director, David Smith has requested for the Right to Rent Scheme to scrapped amd has recently expressed his concerns stating: > The added threat of criminal sanctions is clearly leading many landlords to become even more cautious about who they rent to. "This is a dangerous and divisive policy that is causing discrimination. It must be scrapped. At present, there are no plans to scrap this controversial scheme and it is likely that the Right to Rent Scheme will be implemented across the rest of the United Kingdom very soon. Therefore, in our expert opinion, it is crucial for landlords to obtain advice from specialist immigration solicitors and barristers. ## Successful UK Home Office Right to Rent Check [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of experienced and professionally qualified solicitors and barristers will be able to successfully guide you through any relevant process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. We can ensure that you remain compliant with your employer duties and responsibilities. Get in touch with our business immigration lawyers now on 02030110276. You can also reach us via our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # EU Skilled Workers to Leave the UK Before Brexit Source: https://immigrationandvisasolicitors.co.uk/eu-skilled-workers-leave-uk/ *After months of legal wrangling - and a [general election](https://en.wikipedia.org/wiki/United_Kingdom_general_election,_2017) - Brexit negotiations finally began on 19 June 2017. Theresa May’s attempt to shore up her parliamentary majority resulted in only weakening her hand, and far from the strong bargaining position for which she had hoped, the United Kingdom does not enter negotiations on a sure footing. Adding to the sense of confusion surrounding Brexit, it has become apparent that more than half the EU skilled workers in Britain will leave the country before Brexit is finalised in 2019, putting further focus on not only the continuing uncertainty of EU nationals’ rights, but also the potential economic damage caused by the impending skills shortage.* ## EU Skilled Workers in the United Kingdom According to recent findings, some 56% of EU skilled workers feel that it was ‘highly likely’ or ‘quite likely’ that they would leave the United Kingdom before the conclusion of the Brexit negotiations. The EU skilled workers cited their employment future as a major concern, as they saw a reduction in employment mobility as being one of the consequences of Brexit, along with the loss of their freedom of movement rights. They also foresaw discriminatory hiring practices as being another result of Brexit, with employers no longer viewing EU skilled workers as a worthwhile hire. This perceived discrimination – whether due to employers anticipating difficulties in hiring EU skilled workers or otherwise – has been identified as a key factor in EU skilled workers deciding to leave the United Kingdom before Brexit is enacted. ## What Employers Can do for EU Skilled Workers That such grievances are widely held will not come as a surprise when it is considered that over half of the EU skilled workers surveyed stated that they had not been offered Brexit-related support by their employers.  Such support includes anti-discriminatory guidelines and practices, as well as other safeguards to protect staff and their families and allay their fears.  This extends to pensions and social security rights as well as job security, with a large proportion of the employees surveyed stating that they had not received any information regarding the former. Given such uncertainty, if employers do not provide support to their EU skilled workers, they could face a significant skills shortage if their employees decide to leave the United Kingdom. Whilst employers themselves can point to the lack of clarity and direction from the government as being the reason why they are unable to provide support to their employees, it is clear that not doing so will have a negative impact on their staff. In the absence of any direction or leadership from the government as to the future of EU nationals in the United Kingdom, the onus is on employers reliant on EU skilled workers to take the lead and provide guidance and safeguards to their employees. In addition to giving assurances as to the future of their pension or social security rights, this should require employers to review their existing anti-discriminatory frameworks, as well as offer guidance to their employees in terms of how they are able to confirm their status in the United Kingdom. Employers need to reassure their employees that, as long as the United Kingdom remains in the European Union, EU skilled workers are able to exercise their Treaty rights, and they can therefore confirm their status in the United Kingdom through the existing permanent residence or naturalisation routes. ## Using Legal Representation to Apply for Residence in the United Kingdom Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to apply for residence in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for Residence in the United Kingdom [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # British Citizenship Deprivation Appeals Source: https://immigrationandvisasolicitors.co.uk/british-citizenship-deprivation-appeals/ *Even after an individual has obtained British citizenship, it is still possible for it to be revoked by the Secretary of State. The Secretary of State has the discretionary power to withdraw an individuals’ citizenship status by way of a British Citizenship Deprivation Order. A Home Office Freedom of Information response in June 2016 highlighted that there had been 81 Deprivation Orders made between 2006 and 2015 in the UK. Appeals against Deprivation Orders are to be made to the First Tier Tribunal and the recent decision in [Pirzada (Deprivation of citizenship: general principles) [2017] UKUT 196 (IAC)](http://www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKUT/IAC/2017/196.html&query=(pirzada)) could be seen to challenge the scope of British citizenship deprivation appeals.* ## The Secretary of State’s Powers of British Citizenship Deprivation The Secretary of State has two separate powers of [British citizenship](https://immigrationandvisasolicitors.co.uk/apply-british-citizenship-naturalisation-lexvisa/) deprivation, which are exercisable on different grounds as set out under section 40, subsection 2 and subsection 3 of the British Nationality Act 1981 (“the 1981 Act”). S 40, ss 2 of the 1981 Act states that the Secretary of State may deprive a person of citizenship status if the Secretary of State is satisfied that the British citizenship deprivation is conducive to the public good. S 40, ss 3 of the 1981 Act states that the Secretary of State may deprive a person of citizenship status which results from his registration or naturalisation if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of fraud, false representation or concealment of a material fact. It is important to understand that only one ground may be used per Deprivation Order. ## Background and the Decision in the Pirzada Case The Applicant was an Afghan national who claimed asylum in the UK in 2001 and although it was refused on the basis that the Secretary of State was not convinced as to the truthfulness of his immigration history, he was granted [leave to remain](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) until 2006. After being granted indefinite leave to remain in 2006, the Applicant naturalised in 2008 and has since been a British citizen. Criminal charges were brought against the Applicant in 2011, which included obtaining employment in various medical professions by fraud and was sentenced to 17 months in prison. The Secretary of State decided to deprive the Applicant of his British citizenship on 3 April 2014, to which the Applicant appealed this decision to the First Tier Tribunal. The British citizenship deprivation appeal was allowed on the basis that the Secretary of State had decided to exercise power under s 40, ss 3 of the 1981 Act, but had relied on circumstances which had occurred after the Applicant had been granted citizenship. The Secretary of State could not clearly justify the Deprivation Order on the grounds that it would be conducive to the public good, under s 40 ss 2, and as a result the appeal was allowed. The Upper Tribunal confirmed the powers laid out in ss 2 and ss 3 of the 1981 Act are separate and that the Secretary of State must make it clear as to which is being used. ## What the Pirzada Case Means for Future British Citizenship Deprivation Appeals The decision of the British citizenship deprivation appeal in the Pirzada case emphasises that the Secretary of State may only use one ground in order to deprive an individual of their British citizenship. This demonstrates to those who wish to appeal a British Citizenship Deprivation Order made against them that there is scope for British citizenship deprivation appeals to be successful on this basis. It is important to obtain legal representation, such as our team of specialist immigration solicitors in order to make a successful deprivation appeal. ## Using Legal Representation to Make a British Citizenship Deprivation Appeal Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make a British citizenship deprivation appeal. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful British Citizenship Deprivation Appeals Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  Our offices are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Illegal Working Offences in the UK: Immigration Act 2016 Source: https://immigrationandvisasolicitors.co.uk/illegal-working-immigration-act-2016/ *Illegal working is a criminal offence. The offence was introduced by the [Immigration Act 2016](http://www.legislation.gov.uk/ukpga/2016/19/contents/enacted/data.htm). It is aimed at individuals who do not have the right to work because of their immigration status. This offence can have significant penalties for both the individual and their employer, if there is knowledge of their illegal status whilst they are working. * ## Illegal Working The Immigration Act 2016 (IA 2016) makes illegal working a criminal offence. A person commits the offence when: - they continue to work in the UK even though they are disqualified from working because of their immigration status and; - at that time they knew or had a reason to believe that they are disqualified because of their immigration status. ## Immigration Status and Disqualification from Working Since the IA 2016 a person can be disqualified from working if: - they have not been granted leave to enter or remain in the UK; - their leave to enter or remain is invalid or has ceased to have effect; or - they are subject to a condition preventing them from accepting employment. ## The Penalties Inflicted A person who is guilty of illegal working can be convicted.  In England and Wales you can be subject to imprisonment for a term not exceeding 51 weeks or issued a fine or both can be imposed. In Scotland and Northern Ireland you can be subject to imprisonment for a term not exceeding 6 months or issued a fine or both can be imposed. In order to work in the UK and avoid the above penalties, you can [apply for a Tier 2 work visa](https://immigrationandvisasolicitors.co.uk/tier-2-sponsor-licence-holders-immigration/). ## The Employer’s Criminal Offence An employer will commit an offence if he employs a person and has knowledge that the employee is disqualified from working, based on their immigration status. There can be significant consequences for employers who have hired illegal workers. Two recent examples in the news involve restaurateurs, who are facing potential financial penalties after illegal workers were discovered working in their restaurants. Both restauranteurs were noticed with a penalty up to £20,000 per worker. Stephen Sparrow, the Essex Police‘s County Licensing Officer has delivered a clear message on how the police deal with illegal working, where he stated “*We* *take these types of cases very seriously. The message is clear if licensees are caught employing persons who have no right to work they must face the consequences.*” ## The Consequences for Employers The IA 2016 provides even more powers on enforcement authorities and immigration officers. Immigration officers have now the power to use force, search people and their work premises. Furthermore, they have the power to impose an illegal working closure or an illegal working compliance order. An illegal working closure means they can close the premises for up to a maximum of 48 hours. An illegal working compliance order on the other hand can prevent the employer from employing illegal workers and be placed under special conditions. According to the Home Office, special conditions can include, prohibiting access to the premises, require the person to carry out work checks, to provide the immigration officer with work documents, arrange times where an immigration officer can enter the premises and carry out investigations and the courts can make any other provision it deems necessary. In order to employ overseas workers and avoid the above consequences, you can[ apply for a Tier 2 Sponsor Licence](https://immigrationandvisasolicitors.co.uk/tier-2-sponsor-licences-important/). ## Using Legal Representation to Make Sure You are Not an Illegal Employee or Employing an Illegal Worker Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. You can instruct one of our immigration and visa legal representatives to successfully ascertain your immigration status and make sure you comply with the Home Office’s requirements, whether you are an employee or an employer. Businesses who do not acknowledge the seriousness of employing illegal workers are at high risks for fines and imprisonment. Our Solicitors and Barristers can assist you if you are an employer, with applying for a Tier 2 sponsor licence and with checking whether your employees have the correct and essential documentary evidence for their right to work in the UK. Employees who have an illegal immigration status will similarly face the possibility of a fine or an imprisonment.  Our Solicitors and Barristers can also assist you if you are an employee, to apply for a Tier 2 work visa, which will grant you the right to work in the UK. ## Successfully Confirm Your Employees' Legal Working Status [Our team of solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/)** **are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you on the proper collection of your required work documents and help you establish your right to work in the UK. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Deportation Order Appeal: ‘Deport First, Appeal Later’ Policy Deemed Unlawful Source: https://immigrationandvisasolicitors.co.uk/deportation-order-appeals/ *The Secretary of State has discretionary certification powers to deport a migrant under s 94, Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”). Yet, in a possible policy altering decision, the Supreme Court last week ruled in the case of R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 that the government’s ‘deport first, appeal later’ rule was unlawful. This was part of the Conservative’s previous manifesto pledge which denies the rights of foreign criminals to appeal against a deportation order from within the UK which has been constantly perceived to be unfair and unlawful. Therefore this decision could be seen as the turning point in relation to out of country appeals.* ## The ‘Deport First, Appeal Later’ Policy It has been reported that since July 2014, a mere 72 individuals have sought an [out of country appeal](https://immigrationandvisasolicitors.co.uk/out-of-country-right-of-appeal/) from the 1,175 cases of foreign criminals who have been removed from the UK under the ‘deport first, appeal later’ policy. It is to be noted that not one of those 72 appeals succeeded which clearly conveys the difficulties of succeeding with an out of country appeal. These difficulties are largely due to the significant financial and legal barriers that out of country appeals bring about to the Applicant. However, newly appointed Minister of State for Immigration, Brandon Lewis has emphasised that; > *“the government has consistently taken the view that foreign criminals have no place in the UK, and we will continue to take action to remove them”.* Nonetheless, despite the Conservatives determination to reduce the amount of foreign nationals settling in the UK whether it be by making visa requirements more stringent or looking for any excuse to remove foreign nationals who have been settled in the UK for many years, the decision in Kiarie and Byndloss* *looks to have given more fairness to those who face deportation. ## The Background and Facts of the Kiarie and Byndloss Case The Supreme Court has recognised the impossibilities of making a successful out of country appeal in recent decision of Kiarie and Byndloss.  The decision concerns the cases of two foreign criminals who were each served with a deportation order and removal from the UK as a result of their crimes. Mr Kiarie is a Kenyan national and has been settled in the UK since 2004. After being convicted of serious drugs offences in 2014, the Secretary of State took the decision to deport him. Similarly, the Secretary of State decided to deport Mr Byndloss, of Jamaican nationality, in 2014 after his conviction for drug offences, although he had been settled in the UK since the age of 21 and had a wife and children here. ## The Significance of the Kiarie and Byndloss Decision on the ‘Deport First, Appeal Later’ Policy One of the main focuses of the decision on Kiarie and Byndloss case was with regards to the fairness and efficiency of out of country appeals. The case of Kiarie highlights the significant monetary costs of making an out of country appeal. Mr Kiarie’s legal representatives estimated the cost of video link facilities in the Applicant’s national country to be around £1,680 and would receive no financial support or assistance from the Home Office. The Supreme Court gives much weight to oral evidence which is submitted during appeals. This has been challenged in the decision by the fact that there are no facilities which allow individuals to return to the UK in order to give evidence, and video links can prove costly, to the detriment of the Applicant, as well as unreliable in terms of connection. Thus, the Supreme Court, it appears, to have finally accepted the significant struggles of out of country appeals as highlighted in the cases of Kiarie and Byndloss. ## What Does the Case Mean for Deportation Appeals? The significance of the Kiarie and Byndloss case is that going forward, there may be more fairness for those individuals who need to challenge a deportation order if the Secretary of State recognises the struggles and impossibilities for foreign nationals who are facing deportation. It is important to obtain legal representation, such as our team of specialist immigration solicitors in order to make a successful appeal against a deportation order. The Supreme Court judgment can be accessed here: [R (Kiarie and Byndloss) v SSHD [2017] UKSC 42 LEXVISA Immigration Solicitors London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/06/Kiarie-and-Byndloss-v-SSHD-2017-UKSC-42.pdf). ## Using Legal Representation to Appeal a Deportation Order Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an out of country appeal a deportation order. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Appeals against Deportation Orders Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are located in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Dual Nationality of EU and British Citizens After Brexit Source: https://immigrationandvisasolicitors.co.uk/dual-nationality-brexit/ *One way of acquiring dual nationality in the United Kingdom is through ‘[naturalisation](https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply)’, a process which involves having lived in the United Kingdom for a certain period of time. At present, it is relatively straightforward for EU nationals to acquire British nationality through this method, though it requires that EU nationals are ‘settled’, or have permanent residence, in the United Kingdom at the time of application. Whilst the United Kingdom is still a member of the European Union, the Treaty rights of EU nationals with dual nationality will not be affected – and a reciprocal agreement to protect the rights of both UK and EU citizens with dual nationality will surely form part of the Brexit negotiations.* ## Dual Nationality of EU citizens living in the UK The United Kingdom currently recognises dual nationality applicants from anywhere in the world, and does not place restrictions on who may or may not acquire British nationality. Similarly, the United Kingdom does not require dual nationality applicants to relinquish their previous nationality, and those who hold dual nationality in the United Kingdom are able to take part in public life by voting in national elections and have the same rights and privileges as other British nationals, making an application for EU and British dual nationality an attractive proposition. Nationals of EU Member States are currently able to acquire British nationality after continuously residing in the United Kingdom for a period of six years or more. For as long as the United Kingdom remains a member of the European Union, an EU national who has acquired EU and British dual nationality will be able to continue to enjoy their [Treaty](https://en.wikipedia.org/wiki/Treaty_on_the_Functioning_of_the_European_Union) rights in the United Kingdom. Once Brexit has been enacted, however, and the United Kingdom exits the European Union, there is the distinct possibility that the EU and British dual national will lose and be unable to exercise their Treaty rights in the United Kingdom. This is a worrisome time for both EU nationals living in the United Kingdom and British nationals in Europe; but whether Brexit results in the total loss or annihilation of Treaty rights remains to be seen, especially as the [European courts are not in the habit of removing rights that had previously been enjoyed under European law](https://immigrationandvisasolicitors.co.uk/dual-nationality-eu-citizens/). ## Dual Nationality of UK Citizens living in the EU As in the case of the United Kingdom, the majority of EU Member States also accept dual nationality, though there are some exceptions. Estonia, Latvia, Lithuania and Slovenia do not accept dual nationality at all, and expect any nationality applicants to relinquish their current nationality entirely. The Netherlands and Austria also require applicants to relinquish their nationality, unless they fall under certain exceptions, rendering naturalisation in those Member States less attractive, as it would lead to the loss or annihilation of rights enjoyed under the applicant’s previous nationality. The vast majority of British expats living in Europe are resident in Spain, where naturalisation rules will almost certainly be affected by Brexit. Currently, Spain recognises dual nationality with EU Member States and countries with which it has a specific connection, such Andorra, Portugal, the Philippines and other former colonies. Applicants from other countries are required to relinquish their nationality – a situation which may well apply to British nationals resident in Spain once the United Kingdom has left the EU. Considering that Spanish nationals currently resident in the United Kingdom will be able to acquire Spanish and British dual nationality even after Brexit, reaching a reciprocal agreement is likely to form a key part of the Brexit negotiations. ## Using Legal Representation to Apply for EU and British Dual Nationality in the United Kingdom Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to apply for British nationality in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for EU and British Dual Nationality in the United Kingdom [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Student Fees: Home and Overseas Status and the Key Immigration Eligibility Criteria Source: https://immigrationandvisasolicitors.co.uk/student-fees/ *The eligibility criteria for students who want to gain Home Fee Status is set out by the [Education (Fees and Awards) (England) Regulations 2007](http://www.legislation.gov.uk/uksi/2007/779/contents/made). In order to understand the criteria, the key terms one should look out for are ‘settled’, ‘ordinarily resident’ and ‘first day of the first academic year’. However, there are also certain circumstances one can satisfy in order to change to home student fees status once their course has started. * ## Student Fees Status in the United Kingdom There are two different rates of tuition fees for programmes offered at Higher Education Institutions in the UK. Students will either pay fees under the Home Fee Status if they are UK or EU nationals, or the Overseas Student Fee Status if they are international students. The difference between the two is clarified by the Education (Fees and Awards) (England) Regulations 2007 (2007 Regulations). ## Student Fees Status: Home Students There are certain conditions a student needs to satisfy in order to be considered to pay tuition fees at a Home Fees rate. There are particular categories of applicants and each applicant must satisfy the necessary criteria in order to be considered as a Home Fees student. The 2007 Regulations and the [UK Council for International Student Affairs](https://www.ukcisa.org.uk/) (UKCISA) lists the following categories: - Those who are settled in the UK and meet the residence requirements; - Those who are settled in the UK have exercised a ‘right of residence’ in the EEA/Switzerland; - EU nationals and family; - EU nationals in the UK; - Those who have the right of [permanent residence](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) in the UK; - EEA/Swiss workers, and family; - Child of a Swiss National; - Child of a [Turkish Worker](https://immigrationandvisasolicitors.co.uk/ankara-agreement-turkish-nationals/); - [Refugees and family](https://immigrationandvisasolicitors.co.uk/asylum/); - Those granted [humanitarian protection](https://immigrationandvisasolicitors.co.uk/asylum/), and family; and - Those who have [Long Residence](http://www.legislation.gov.uk/uksi/2016/584/contents/made?regulation-6-1). The eligibility for Home Fee Status considers a person’s nationality, whether they were living in the UK on the first day of the first academic year of their programme, how long they have lived in the UK and the type and purpose of their residence. There are certain key words that can be found in the eligibility factors such as the terms below. ## Key Definitions of Home Student Fees Status Eligibility Criteria ### Definition of ‘Settled’ Section 33(2A) of the Immigration Act 1971 provides a definition.  A person is ‘settled’ in the UK if he is ordinarily resident there “*without being subject under the Immigration Laws to any restriction on the period for which they can remain*.” ### Definition of ‘Ordinarily Resident’ Whilst there is no Act of Parliament to define the term, the House of Lords in the leading case *R v Barnet LBC ex parte Shah [1983] 1 ALL ER 226* provided a meaning . Lord Scarman states that “… ‘*ordinarily resident’ refers to a man’s right to abode in a particular place or country which he has adopted voluntarily and for settled purposes as part of the regular order of his life for the time being, whether of short or long duration*.” The House of Lords therefore concluded in order to establish a person’s ordinary residence, should involve establishing both a physical element (identifying the person’s residence) and a mental element (whether the person is “ordinarily” resident at that place). ### Definition of ‘First day of academic year’ The Education (Student Fees, Awards and Support) (Amendment) Regulations 2016 (2016 Regulations) states the “academic year”,  “*means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year of the course in question begins…*”. The UKCISA sets out a breakdown of the calendar periods in which an academic year starts. ## Student Fees Status: Overseas Students If a student does not meet any of the above categories and their immigration eligibility criteria as set out in the 2007 Regulations, the Higher Education Institution will charge the student the Student Overseas Fees Status rate. The Regulations list which territories are considered as overseas. In case a student cannot continue paying the fees at an Overseas rate, they will have to apply for an interruption of their study and take the time to find another source of funding. In order study in the UK if you are an Overseas Student, you will need a Tier 4 student visa. ## Securing Home Student Fee Status After Your Course has Started It is important to note, according to the UKCISA, there is a possibility of securing a Home Fee Status if the student can satisfy certain circumstances. They may become eligible in their subsequent year of study if they become or a family member becomes a refugee, if they or their family member has been granted humanitarian protection, if they have already met the three-year residence requirement of the first day of the first academic year of their course or if in any academic year from August 2016/2017 onwards they satisfy the Long Residence category (this category was introduced in the 2016 Regulations). This category mentions the number of years a person should have lived in the UK (preceding the first day of the first academic year), whether they are under 18 or over. It also states if they have been ordinarily resident throughout the three year period (preceding the first day of the first academic year) and to confirm their purpose of residence in the UK. ## Using Legal Representation to Make a Successful Tier 4 Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. You can instruct one of our immigration and visa legal representatives to successfully ascertain your immigration status and make sure you comply with eligibility criteria in the 2007 or 2016 Regulations. Our Solicitors and Barristers can assist you if you are a student to [successfully apply for a Tier 4 visa](https://immigrationandvisasolicitors.co.uk/uk-immigration-case-study-tier-4-points-based-student-visa-success/) or any other visa application if you satisfy any of the categories of applicants mentioned in the 2007 Regulations. ## Successfully Apply for Tier 4 Visa or Other Immigration and Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/)** **are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you on the proper collection of your required documents and help you satisfy the eligibility criteria for a Home Fees paying status. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Overcoming the Tier 1 Genuine Entrepreneur Test Source: https://immigrationandvisasolicitors.co.uk/tier-1-genuine-entrepreneur-test/ *Following the introduction of the Genuine Entrepreneur Test in January 2013, all Tier 1 Entrepreneur visa applications must satisfy this subjective test in order to submit a successful visa application to the UKVI. Applicants who fail to demonstrate a genuine intention to set up a viable business in the UK will fail the Genuine Entrepreneur Test and subsequently have their Tier 1 Entrepreneur application refused. In circumstances where a [Tier 1 Entrepreneur](https://web.archive.org/web/20170310150116/https://www.gov.uk/tier-1-general/overview) visa application is refused, there are limited legal remedies available for Applicants, therefore it is crucial a well-prepared application is submitted. As there is no Statutory Right of Appeal, where an application is refused, Applicants may wish to exercise their right to challenge the decision by way of an Administrative Review if there has been a key case working errors. Alternatively, Applicants may decide to submit a fresh Tier 1 Entrepreneur application. These are very complex exercises and should be submitted with the assistance of specialist immigration solicitors and barristers to give Applicants the best chance of [success](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa-success/).* ## Tier 1 Entrepreneur and the Genuine Entrepreneur Test   In order to deter Applicants from submitting a Tier 1 Entrepreneur application which lacks credibility, the Home Office introduced a Genuine Entrepreneur Test in January 2013. It is now mandatory for all Applicants applying under the Tier 1 Entrepreneur route to satisfy the Genuine Entrepreneur Test which is often vigorously applied. The Purpose of the Genuine Entrepreneur Test is to ensure only Genuine Entrepreneurs apply for a Tier 1 Entrepreneur visa and they would like to set up and run a viable business in the UK. It is essential for Applicants to submit the correct supporting documents in support of their application. ### Credibility Assessment in the Genuine Entrepreneur Test The Home Office will carry out a detailed assessment of an Applicants credibility as a Genuine Entrepreneur and would expect Applicants to have some expertise or specialist knowledge of their business area. The difficulty Applicants often encounter is not knowing what they must do or provide to be considered as a Genuine Entrepreneur. The Immigration Rules and Policy guidance does not specify a definitive list of documents required to meet the Genuine Entrepreneur Test. This can lead to Genuine Entrepreneurs having their application refused or in some cases Applicants may be invited for a Genuine Entrepreneur Test Interview in which they would be asked a range of questions directly related to the credibility of their application and centred on whether Applicants have a genuine intention to invest the minimum level of [investment](https://web.archive.org/web/20190320135033/https://immigrationandvisasolicitors.co.uk/tier1-entrepreneur-qualifying-investments/) of £200,000 into an existing or new business in the UK. ### Viability Assessment in the Genuine Entrepreneur Test Once the Home Office acknowledges an Applicant to be a Genuine Entrepreneur with a credible application the next step would be to assess the viability of the business. Similar to the Credibility Assessment, it is up to the Applicant to prove that the business is viable and the correct steps have been taken in setting up the business. Whilst there is a lack of guidance and information on how to meet the Viability Assessment, it is important for Applicants to have thoroughly researched their proposed business in the UK. Applicants must be able to provide a detailed and comprehensive business plan which addresses but is not limited to the following: market research as to the potential or actual customers, competitors and a 5 years cash flow forecast. If Applicants are invited to a Genuine Entrepreneur Test Interview, they must be able to show that they know their business inside out and be able to answer basic questions about their business model, who their potential competitors will be, how will the business survive if competition increases, strengths and weakness and the future growth of the business. ## Tier 1 Genuine Entrepreneur Test Interview Our Solicitors and Barristers can assist Applicants in preparation for the Genuine Entrepreneur Test Interview to overcome and satisfy the Genuine Entrepreneur Test by: - Reviewing documents ensuring the correct supporting documents are submitting with the application such as a well-prepared business plan, CV, evidence of education/employment amongst other documents; - Preparing detailed and comprehensive Legal Representations in support of the Tier 1 Entrepreneur Application outlining how each of the legal requirement is met and why you should be considered as a Genuine Entrepreneur ensuring the Genuine Entrepreneur Test is satisfied; and - Preparation for a UKVI Genuine Entrepreneur Test Interview, our Solicitors and Barristers can organise a mock interview and/or prepare mock questions that the Home Office may ask you as well as provide written guidance on how to prepare for the Genuine Entrepreneur Test Interview. It is vital for Applicants to obtain legal advice from specialist Immigration Solicitors and Barristers before submitting a Tier 1 Entrepreneur application to ensure the application has the best chance of [success](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa-success/). ## Challenging a Tier 1 Entrepreneur application refused on the Genuine Entrepreneur Test The Home Office is likely to refuse a Tier 1 Entrepreneur application where an Applicant: (a) does not provide the specified evidence in support of the Tier 1 Entrepreneur visa application to meet the requirements of the Immigration Rules and be awarded the required number of 95 points for the Tier 1 Entrepreneur visa application; and/or (b) fails to demonstrate that the Genuine Entrepreneur Test has been satisfied. In respect of the latter, the Home Office has a wide discretion in deciding whether an Applicant meets the Genuine Entrepreneur Test and in most cases, the Home Office often hold a Genuine Entrepreneur Test Interview to determine this test. It should be noted that the Home Office applies the Genuine Entrepreneur Test vigorously and expects there to be considerable documentation to support the Tier 1 Entrepreneur visa application. In circumstances where a Tier 1 Entrepreneur application is refused, there are limited legal remedies available. There is no statutory Right of Appeal for Applicants but Applicants may opt to apply for an Administrative Review if there has been significant case working errors which have resulted in the application being unfairly decided such as the Immigration rules incorrectly being applied or where important documents are not considered. Our Solicitors and Barristers have successfully assisted Applicants to [submit successful Administrative Reviews](https://immigrationandvisasolicitors.co.uk/successful-case-study-administrative-review-of-decision-to-refuse-tier-1-entrepreneur-entry-clearance/) where the Home Office has initially refused the application on the Genuine Entrepreneur Test. It should be noted that Applicants cannot submit any new evidence for the Administrative Review and the Administrative Review is only considered on the evidence that was before the decision-maker when the original refusal decision was made. Therefore if Applicants wish to rely on further evidence to strengthen the application and address the reasons for the initial application being refused, the alternative remedy available for Applicants is to submit a fresh application with the correct legal assistance and guidance from our specialist immigration Solicitors and Barristers. ## Using Legal Representation to Submit Tier 1 Entrepreneur Application and to Satisfy the Genuine Entrepreneur Test Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a Tier 1 Entrepreneur visa application to the Home Office demonstrating that you satisfy the Genuine Entrepreneur Test. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Entrepreneur visa application succeeds and meets the Genuine Entrepreneur Test, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence in support of your Tier 1 Entrepreneur visa application. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 1 Entrepreneur Application Satisfying the Genuine Entrepreneur Test Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your Tier 1 Entrepreneur visa application and the merit of an application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Tier 1 Entrepreneur visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 1 Entrepreneur visa application and whether you satisfy the Genuine Entrepreneur Test. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # UK Settled Status Category Makes EEA Registration Certificate and Permanent Residence Imperative Source: https://immigrationandvisasolicitors.co.uk/uk-settled-status-eea-nationals/ *From “strong and stable” to “[fair and serious](http://www.bbc.co.uk/news/world-europe-40375761)”, Theresa May made an opening offer on the futures of EEA nationals in the United Kingdom that EU leaders probably could refuse. The Prime Minister’s offer was lacking in the detail that had been proffered by her EU counterparts, and made no mention of the retention of the indivisible rights that EEA nationals currently enjoy. In fact, Mrs May’s offer pointed to a new direction in United Kingdom immigration law, with the introduction of a new UK settled status for EEA nationals. Whilst there is still some way to go before negotiations are concluded, with this new direction being taken it is clear now that an EEA Registration Certificate or EEA Permanent Residence application should be a priority for EEA nationals and their family members.* ## What is The New UK Settled Status for EEA Nationals? The [Queen’s Speech](https://www.gov.uk/government/speeches/queens-speech-2017), delivered on 19 June 2017, pointed to the introduction of a new Immigration Act, one that is specifically designed with the futures of EEA nationals in mind. Theresa May’s opening gambit on the future of EEA nationals in the United Kingdom seemingly confirmed this, as she talked of a new 'UK settled status' that would grant EU migrants who have lived in the United Kingdom for five years the rights to access health, education and other benefits. It is quite clear that UK settled status is a new category being planned, one that will be the centrepiece of negotiations regarding the future of EEA nationals. So far, little is known about the new UK settled status category, though some details have emerged. Theresa May stated that EEA nationals who have resided in the United Kingdom for five years by the date of Brexit, will be able to keep their full rights under the UK settled status category. EEA nationals who have resided in the United Kingdom for less than five years by the date of Brexit, however, will be given a ‘grace period’ – likely to be two years – in order to allow them to reach the five year qualifying period and regularise their status in the United Kingdom. This means that all EEA nationals currently in the United Kingdom today or who will arrive before Brexit is enacted will have the opportunity to regularise their status under the new rules. ## What can EEA Nationals do to Regularise Their Status? It is thought that the general election result, which was hardly an endorsement of the current government, will lead to a softening of their stance on Brexit. The appointment of Eurosceptic MP Steve Baker as Junior Minister for Brexit does not necessarily mean that is the case. It is encouraged, then, that EEA nationals who have not otherwise done so apply for an [EEA Registration Certificate](https://immigrationandvisasolicitors.co.uk/uk-registration-certificate-eea-nationals/) or [EEA Permanent Residence](https://immigrationandvisasolicitors.co.uk/permanent-residence-applications/) in order to confirm their status in the United Kingdom. Whilst the United Kingdom still remains in the EU, the rights of EEA nationals will remain unaffected. ### Apply for an EEA Registration Certificate In the light of Brexit, an EEA Registration Certificate has assumed far greater importance than it had previously. The EEA Registration Certificate confirms an EEA national’s status as a qualified person, meaning someone who is exercising Treaty rights in the United Kingdom as a worker, a student, or someone who is self-employed, self-sufficient or looking for a job. It is also possible to apply for an EEA Registration Certificate as the family member of a qualified person, enabling that family member to also confirm their status in the United Kingdom. For EEA nationals who will not meet the five year qualifying period by March 2019, holding an EEA Registration Certificate will be important proof of status, and should be considered a necessity. ### Apply for EEA Permanent Residence Any EEA national who has had five years of continuous residence as a qualified person should apply for EEA Permanent Residence as a matter of priority. Doing so will allay any fears that EEA nationals may have regarding their status once Brexit has been enacted, and successfully applying for EEA Permanent Residence is also the first step towards acquiring British citizenship, which can be acquired after a further year of continuous residence. According to the Home Office guidance, there is now a ten year qualifying period for EEA Permanent Residence. This perhaps shows that the current five year qualifying period will be replaced, and that once Brexit has been enacted EEA nationals will need to qualify either under the UK settled status category, or through the ten year qualifying period. Rather than cause worry, this should act only as encouragement for EEA nationals to apply for an EEA Residence Certificate or EEA Permanent Residence, and regularise their status in the United Kingdom. ## Using Legal Representation to Apply for an EEA Registration Certificate or Permanent Residence in the United Kingdom Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to apply for an EEA Registration Certificate or Permanent Residence in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for an EEA Registration Certificate or Permanent Residence in the United Kingdom [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Impact of New UK Minimum Salary Requirement for Tier 2 Settlement Source: https://immigrationandvisasolicitors.co.uk/tier-2-settlement/ *On 6 April 2017, the Home Office's  new Tier 2 Settlement minimum salary requirement of £35,000 came into effect. The new Tier 2 Settlement salary requirement has directly affected [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) workers who wish to apply for [Indefinite Leave to Remain](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) (ILR). The Tier 2 Settlement minimum salary requirement has been criticised and labelled as unfair by business sectors predominantly relying on expert overseas workers. However, there are some jobs which are exempt from meeting the Tier 2 Settlement minimum salary requirement; these jobs are listed on the Shortage of Occupation List.  * ## Impact of New Minimum Salary Requirement for Tier 2 Settlement The[ Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) Settlement minimum salary requirement has made recruitment and long-term planning for Tier 2 employers ever more tricky and difficult. As a direct consequence of the changes in the Immigration Rules, Tier 2 employers must now either pay their Tier 2 workers at least £35,000 or face the possibility of losing an experienced member of staff. The Teaching, IT and Journalist sectors are amongst the worst affected by the new Tier 2 Settlement minimum salary requirement. Despite ongoing criticism, the Home Office is adamant the new changes are fair and proportionate. A Home Office spokesperson when questioned described the changes as necessary for the development of the UK workforce as well as to tackle net migration. The Home Office believes the changes will encourage employers to recruit and train workers settled in the UK before exploring the possibility of recruiting overseas migrant workers. However, the Home Office has not considered the fact that there is a gap in the UK workforce and there are particular jobs roles which cannot be fulfilled by UK workers and require specialist workers from overseas. ## Exemptions from the Minimum Salary Requirement for Tier 2 Settlement Applications The new changes to the Immigration Rules in respect of the Tier 2 Settlement minimum salary requirement will apply to Tier 2 workers who entered or switched into the Tier 2 category after 6 April 2011. The only exception to the Tier 2 Settlement Minimum Salary Requirement is job occupations which are listed on the shortage of occupation lists. All nurses and paramedics at any level are exempt from meeting this rule. There are also a number of specialist job roles listed on the shortage of occupation list that is also exempt. A full list of jobs on the shortage of occupation list can be [found here](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list). ## Tier 2 Settlement Eligibility Requirements It is important to note that the maximum period a Tier 2 worker can remain in the UK on a Tier 2 Work Visa is 6 years. Therefore workers who wish to continue to work for their employers in the UK are advised to apply for Tier 2 Settlement in an application for Indefinite Leave to Remain. To apply for Tier 2 Settlement the following requirements must be met under paragraph 245HF of the [Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system#pt6ageneralreligion): - Applicants must not fall under the General Grounds for Refusal and must not be in breach of any if the UK immigration laws; - Applicants must have 5 years lawful continuous residence in the UK without excessive absences; - Applicants must earn at least £35,000 per annum; and - Applicants must have sufficient knowledge of the English language and sufficient knowledge about life in the UK. In addition to meeting the requirements under paragraph 245HF of the Immigration Rules, Applicants must also provide the specified documents listed under paragraph 245HH of the Immigration Rules. ## Using Legal Representation to Submit Tier 2 Settlement Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a Tier 2 Settlement application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 2 Settlement application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 2 Settlement Application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your Tier 2 Settlement application and the merit of an application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Tier 2 Settlement application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 2 Settlement application. Contact our London immigration solicitors on 02030110276 or complete our [contact form. ](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Tier 2 Sportsperson Visas For African and Latin American Footballers Source: https://immigrationandvisasolicitors.co.uk/tier-2-sportsperson-visas-footballers/ *The recent [decision to refuse](https://web.archive.org/web/20170624213838/http://www.hertfordshiremercury.co.uk/work-permit-blow-for-watford-s-venezuelan-prodigy/story-30407794-detail/story.html) the Tier 2 Sportsperson Visa application of Venezuelan footballer Adalberto Pe**ñaranda has once again put the visa application and decision-making processes of the Home Office in the spotlight. There are [numerous requirement criteria](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/06/FA-Tier-2-Requirement-Criteria.pdf) that the Home Office in conjunction with the English FA expect overseas players to meet, and which are particularly onerous for players from non-EEA nations ranked outside the top 60 of the FIFA World Rankings. Given that there are numerous African and Latin American nations below this mark, it is no surprise that players from those nations should encounter visa refusals.* ## What is a Tier 2 Sportsperson Visa? The Tier 2 Sportsperson Visa for footballers is still commonly referred to as a ‘work permit’, though it should not be mistaken as one by football clubs, applicants or their advisers. A Tier 2 Sportsperson Visa is part of the Points-based System, and as such is subject to far stricter rules than a work permit. As well as the Home Office requirements, a Tier 2 Sportsperson Visa applicant will need to be able to meet the requirements of their sport’s governing body in the United Kingdom.  This is because the Home Office requires that each applicant receives a Certificate of Sponsorship, which it is the duty of that sport’s governing body to assign upon endorsement of that sportsperson. ## Tier 2 Sportsperson Visa Requirements For Footballers The Home Office’s requirements for a Tier 2 Sportsperson Visa are that: - the applicant is internationally established as a player or coach at the highest level; - their employment will make a significant contribution to the development of their sport at the highest level in the UK; - they intend to be based in the UK for the duration of their permission to stay; and - the post could not be filled by a suitable settled worker. The Tier 2 Sportsperson Visa applicant will be expected to meet a minimum English language requirement. They will also need to meet the requirement for maintenance - which means that their financial resources are sufficient to enable them to support themselves in the United Kingdom. The most important requirements are those of the English FA, however, as they will be endorsing the sportsperson and then assigning the Certificate of Sponsorship that is used in the visa application. The English FA’s guidance provides that the non-EEA national sportsperson must have participated in a ‘required percentage’ of senior competitive international matches played by their National Association during the year prior to application. The threshold can be high: a sportsperson whose National Association is ranked between 31 and 50 in the FIFA World Rankings will be required to have participated in 75% of senior competitive international matches; National Associations ranked lower than 60 in the FIFA World Rankings are not mentioned in the guidance. The English FA does allow certain discretionary criteria, however, and those sportspeople who do not meet the criteria for endorsement are able to request that the Exceptions Panel consider the player’s experience and value. This gives them and their prospective club the opportunity to present their case, though should they be unsuccessful they may not request a further hearing for the following four months. ## Tier 2 Sportsperson Visas: Is There a Level Playing Field? One of the concerns reportedly expressed by Watford FC was that they felt that their Tier 2 Sportsperson Visa application was judged differently to applications submitted by larger, more famous football clubs. Those footballers who are unable to automatically meet the criteria set out by the English FA can be considered under discretionary criteria, should the transfer fee and wages they command be high enough, or if they have played in a ‘top league’. This clearly favours certain clubs who can afford to meet the criteria or who can attract the players from top leagues. Many footballers from Africa and Latin America would not be able to meet such criteria, as not only would their National Association not be ranked highly enough, their transfer fee and wages would not be able meet the requirements. Whilst this does not necessarily show a bias towards larger clubs, it is illustrative of how the endorsement system is weighted towards footballers who command greater fees or who are more widely known. This is because a ‘settled worker’ could be assumed to be able to fill the role of a lesser-known non-EEA player, who would not be making a ‘significant contribution’ due to their lesser status.  In the case of African and Latin American footballers, especially where loans are concerned, the case of Adalberto Peñaranda shows that there is a need for both football clubs and football players to have a thorough understanding of the guidance provided by the Home Office and the English FA. ## Using Legal Representation to Apply for a Tier 2 Sportsperson Visa in the United Kingdom Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to apply for a Tier 2 Sportsperson Visa in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for a Tier 2 Sportsperson Visa in the United Kingdom [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # The Two Years EEA Permanent Residence Grace Period To Convert To UK Settled Status Source: https://immigrationandvisasolicitors.co.uk/eea-permanent-residence-grace-period/ *EU citizens looking to apply for [EEA Permanent Residence](https://www.gov.uk/eea-registration-certificate/permanent-residence) are experiencing a period of uncertainty with regards to their legal rights in the UK. The [Government proposes](https://www.gov.uk/government/publications/safeguarding-the-position-of-eu-citizens-in-the-uk-and-uk-nationals-in-the-eu/the-united-kingdoms-exit-from-the-european-union-safeguarding-the-position-of-eu-citizens-living-in-the-uk-and-uk-nationals-living-in-the-eu#avoiding-a-cliff-edge) to offer them a EEA Permanent Residence Grace Period of approximately two years to obtain their new residence document, in order legally reside and work in the UK. However, details of this proposal are yet to be clarified, raising more concerns for EU nationals and doubts for the capabilities of the Home Office to be able to handle nearly three million applications. * *The Prime Minister Theresa May’s immigration offer on EU citizens was released on 26 June 2017. The Government proposed a ‘Grace Period’ for all the EU citizens currently living in the UK.  It aims to provide a temporary status for EU nationals, allowing them to legally continue living and working in the UK until they acquire the new UK ‘settled status’.  During these complex times, the Home Office has the significant challenge of having to process applications from nearly three million EU citizens by March 2019. However, it is uncertain that the Home Office will be able to cope with the magnitude of these applications. * ## EEA Permanent Residence Grace Period As result of Brexit, free movement in the EU will end and EU citizens will urgently be required to acquire permission to stay in the UK. It is, therefore, easy to assume, that everyone will be hurrying to apply between now and the cut-off date. It is important to note, the cut-off date has yet to be specified by the Government in its proposal; it has only suggested that the specified date will be no earlier than the 29 March 2017, (the date when the formal Article 50 process was triggered for the UK exiting the EU) and no later than the date of the UK’s withdrawal from the EU.    The Prime Minister’s offer has stated, in order to avoid the impracticalities and influx of applications for a UK ‘settled status’, the UK Government will allow an EEA Permanent Residence Grace Period application, or as the UK Government called it “ *a period of blanket residence permission*”,  that will start immediately once the UK exits the EU. The [Proposal](https://www.gov.uk/guidance/status-of-eu-nationals-in-the-uk-what-you-need-to-know), ‘*The United Kingdom’s Exit from the European Union*’ states, “*This will be a generic “umbrella” of temporary leave applying to all existing lawful EU residents (and their families), to give them a grace period between the moment that free movement ends and the time they obtain their residence document- allowing them to remain lawfully in the UK, and continue to undertake their lawful business during that period*.” During this EEA Permanent Residence Grace Period, EU citizens are permitted to continue to work and study in the UK, but they must make an application to the Home Office to obtain permission to continue to reside in the UK or they will have to return to their home country.  Once they obtain this residence permission, the EEA Permanent Residence Grace Period for that individual will expire. It is important to note, the blanket residence permission “*will last from exit day for a fixed period of time*”. Unfortunately, the uncertainty for EU citizens still remains, as the UK Government has not specified when that period of time expires; they have only stated that it is expected to last for two years and it is not yet clear when the two years process begins as to the UK Government has proposed a backdated start date. ## Uncertainty on the Process of the EEA Permanent Residence Grace Period Application In the meantime, EU citizens still do not know when the online registering application process will begin. The Proposal has not clarified any details about the application process or mentioned any costs of the application. On the other hand, it is certain that all EU citizens will need to apply for the residence document, through this new registration system to guarantee their right to lawfully reside in the UK, regardless if they are currently involved in another permanent residence application process. The UK Government has stated, “*EU documents certifying permanent residence will not be automatically replaced with a grant of settled status, but we will seek to make the application process for settle status as streamlined as possible for those who already hold such documents*.” The UK Government is promising to seek a streamlined process, however, it does not clarify what ways the Home Office will be working in efficient and effective working methods and how the new process will be an improvement to the current one for permanent residence. The Institute for Government Paper, “*Implementing Brexit: Immigration”* (June 2017), clearly reports “*The Government should recognise now that a new immigration regime for post-Brexit EU migrants will not be ready by April 2019*”. Furthermore, the Paper also importantly points out, *“The challenge for the Government is processing a possible three million applications with a system designed to manage a fraction of that. The Home Office needs either significant numbers of additional staff or a redesign of the process or better still, both*.” What is certain is the EU citizens can apply for EEA Permanent Residence under the present EU Regulations and can avoid the inevitable daunting and laborious process the UK Government is likely to introduce with a lengthy application process and high application fees. ## Using Legal Representation to apply for EEA Permanent Residence Grace Period Application In light of the above, it is recommended that EEA nationals concerned about their status in the United Kingdom can seek Legal Representation and take steps to regularising their status in the United Kingdom. It is possible to instruct an immigration and visa legal representative to apply for an EEA Registration Certificate to prove they have met the five-year qualifying period. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the new Immigration Rules. ## Successfully Apply for EEA Permanent Residence Grace Period Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Immigration Update: New Immigration Enforcement Powers Tackling Illegal Workers in Licensed Premises Source: https://immigrationandvisasolicitors.co.uk/new-immigration-enforcement-powers/ *As of 6 April this year, Immigration Enforcement Officers now have new immigration enforcement powers, similar to that of the Police and Licensing Enforcement Officers, which gives them the authority to enter licensed premises that are suspected to be in breach of UK Immigration rules. These powers have been introduced under the Immigration Act 2016 (“the 2016 Act”) and seek to cut down on the number of illegal workers in licensed premises in the UK.* ## New Immigration Enforcement Powers Tackling Illegal Workers in Licensed Premises It has been reported that approximately 60% of all civil penalties for illegal workers that were issued last year in the UK were in the hospitality, retail and leisure industries. New immigration enforcement powers now enable Immigration Officers to enter a licensed premise without a warrant where there is knowledge of the presence of illegal workers in licensed premises. [Section 16](http://www.legislation.gov.uk/ukpga/2003/17/section/16) and Schedule 6 of the 2016 Act amend the Licensing Act 2003, so that the Secretary of State is now added to the list of responsible authorities who are contacted when an applicant declares any previous criminal or immigration offences during their personal license application. In these circumstances, the appropriate licensing authority will then forward the application to the Home Office who will then make a decision as to whether or not object the grant of the licence. Immigration Enforcement Officers can also request a review of existing licenses in light of any immigration offences, which demonstrates the scope of the new immigration enforcement powers. Moreover, overseas workers who are applying for jobs on a licensed premise are now required to submit documentation proving their right to work in the UK. Individuals will have their Premises Licence or Personal Licence application blocked if they do not have permission to live or work in the UK and it will continue to be the responsibility of the licence-holder to remain compliant with the UK’s immigration laws. ## What do These New Immigration Enforcement Powers Mean for Illegal Workers in Licensed Premises and UK Employers? The new immigration enforcement powers mean that employers will be more likely to comply with UK Visas and Immigration requirements with regards to employing overseas workers who have the right to work in the UK and to avoid being penalised. Speaking on the new rules, former Immigration Minister Robert Goodwill stated that: *“these new measures will allow us to work more effectively with licensing authorities and the police to prevent illegal working in a high risk sector and take the action needed against businesses flouting immigration laws”. * The Home Office continues to provide guidance and support to employers in the hospitality industry on how to correctly carry out right to work checks and raise awareness of the risks and repercussions of illegal working in the UK. Furthermore, overseas workers are encouraged to legalise their status in the UK to avoid possible removal from the UK. To ensure you are not an illegal worker in a licensed premise or employing an illegal worker, it is advised that you seek legal representatives, such as our specialist immigration team, in order to avoid any confusion with regards to the UK’s complex [immigration rules](https://www.gov.uk/guidance/immigration-rules). ## Using Legal Representation to Understand the New Immigration Enforcement Powers Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to ensure you are not an illegal worker or employing an illegal worker. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful UK Visa Applications to Avoid Being Penalised by New Immigration Enforcement Powers [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [Our offices are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Benefits of Switching From a Tier 4 Student Visa into Tier 2 General Work Visa Source: https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-into-tier-2-general/ *There are a number benefits in switching from a Tier 4 Student visa into Tier 2 General Work Visa for both the Applicant and the respective Tier 2 Employer. It is recommended that Tier 4 Students seek legal advice as soon as they finish their course or even a few months before their final exams. The possibility of switching into a Tier 2 General Work Visa within the UK is one of the principle reasons why Tier 4 Students prefer this route over the Entry Clearance Tier 2 General Work Visa. Similarly, Tier 2 Employers also prefer this route as they are not required to conduct a Resident Labour Market Test (RLMT) or pay the new Immigration Health Surcharge.* ## Eligibility Requirements to Switch from Tier 4 Student Visa into Tier 2 General Work Visa in the UK The switch from a Tier 4 Student visa into Tier 2 General Work Visa is made within the UK and for this reason, there is huge interest in this visa application amongst Tier 4 Students compared to the Entry Clearance [Tier 2 General](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) Work Visa application. The following criterion must be met by Tier 4 Students if they wish to switch from a Tier 4 Student visa into Tier 2 General Work Visa within the UK: - Applicants must be sponsored by a Tier 4 Sponsor which is considered to be a UK recognised body; or a body in receipt of public funding as a higher education institution; or by an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom; - Applicants must have successfully completed and passed a UK-recognised Bachelor’s or Master’s degree, postgraduate certificate in education or professional graduate diploma of education, or have completed a minimum of 12 months study in the UK towards a UK PhD during the Applicant's current period of leave or a period of continuous leave; and - Applicants must provide their original degree certificate and ensure it has the following information: Applicants name, course, award, duration and date of completion. In addition to the above Applicants must have a job offer from a Tier 2 Employer who is registered with the UKBA and on their Register of Sponsors, and also acquire 70 points under the Points Based System. Applicants will need 50 points for Attributes, 10 points for English Language and 10 points for Maintenance. It is crucial that a well-prepared application meeting all the UKVI requirements is submitted to the Home Office, as Applicants can only use a Certificate of Sponsorship (COS) once. If an application is refused, Applicants are required to acquire a new Certificate of Sponsorship, though there is no guarantee the Tier 2 Employer will issue another. Therefore it is imperative no mistakes are made and all the mandatory supporting documents are submitted with the Tier 2 General Work Visa application. ## Benefits of switching from a Tier 4 Student visa into Tier 2 General Work Visa in the UK There are a number of benefits for both Tier 4 students and Tier 2 Employers when Tier 4 Students switch into the Tier 2 General Work Visa category within the UK. We have listed a few of the key benefits below: - Tier 2 Employers are exempt from having to carry out a Resident Labour Market Test (RLMT) if they assign a Certificate of Sponsorship to a Tier 4 Student present in the UK. The Resident Labour Market Test requires all Tier 2 Employers to advertise the job for at least 28 days. The Tier 2 Employer will then need to show that there are no suitable settled workers in the UK to fill the post; - Tier 2 Employers are not required to pay the [Immigration Skills Charge](https://web.archive.org/web/20190320133004/https://immigrationandvisasolicitors.co.uk/new-immigration-skills-charge-tier-2/), this is a new charge which was introduced on 6 April 2017 and requires Tier 2 Employers to pay £1000 per overseas worker; - As the Certificate of Sponsorship is not subject to a national annual limit, therefore, the Certificate of Sponsorship is likely to be issued quicker; - The Application to switch from Tier 4 Student Visa into Tier 2 General Work Visa is made within the UK and an Entry Clearance Tier 2 General Work Visa application is not required; and - Could lead to Settlement status in the UK. There are also a number of benefits for Dependents of Tier 4 Students such as applying to switch into a Tier 2 General Work Visa in their own right. ## Using Legal Representation to Switch from Tier 4 Student visa into Tier 2 General Work Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with switching from a Tier 4 Student visa into Tier 2 General Work Visa. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your switch from Tier 4 Student visa into Tier 2 General Work Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Switch from Tier 4 Student visa into Tier 2 General Work Visa Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of switching from a Tier 4 Student visa into Tier 2 General Work Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 4 Student visa into Tier 2 General Work Visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 4 Student visa into Tier 2 General Work Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form. ](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Success Story-Tier 2 General UK Work Visa Granted Source: https://immigrationandvisasolicitors.co.uk/tier-2-general-uk-work-visa/ *Our team of expert solicitors have recently been informed by a client that his [Tier 2 General UK work visa](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) has been granted. Our Solicitors prepared an exceptional application, making the process itself a stress-free experience, by ensuring all the Tier 2 General UK Work Visa requirements were satisfied in accordance with the Home Office’s requirements. Our solicitors had previously assisted the client’s employer to acquire a [Tier 2 Sponsor Licence](https://immigrationandvisasolicitors.co.uk/uk-tier-2-sponsor-licence-success-story/).* ##  Tier 2 General UK Work Visa application to the UK Home Office In our initial consultation with the client, we were informed that he had previously been employed in the UK on a [Tier 5 Youth Mobility Scheme visa](https://immigrationandvisasolicitors.co.uk/tier-5-temporary-workers-yms/) working for a specialist internet business. The Applicant impressed during his employment and as a result was offered a full-time position as a Software programmer. The Applicant informed our solicitors that he would now like to submit a Tier 2 General UK Work Visa. Our solicitors explained the process and assessed the client’s circumstances in accordance with UK immigration rules. After speaking to our expert solicitors and receiving the comfort that our solicitors often assisted clients in similar situations to his. The client instructed us to prepare and assist with the submission of a Tier 2 General UK Work Visa application to the UKVI. We had previously assisted his employer to acquire a Tier 2 Sponsor Licence, therefore, the client was confident in our 100% success pledge with Point Based System applications. ## Apply for a Tier 2 UK Work Visa application to UKVI To submit a successful Tier 2 General UK Work Visa application to the Home Office, you must meet all the Home Office requirements and provide evidence in support of your application. It is crucial you submit an application that is well presented in a clear and logical manner. In our experience, Entry Clearance Officers may overlook applications that are improperly prepared, for example by failing to provide the correct supporting evidence. To submit a successful Tier 2 General UK Work Visa application you must meet the following requirements: - Your employer must have issued you with a Certificate of Sponsorship (CoS) reference number. A COS is an electronic document which holds information about the job such as salary and length of employment; - You must be offered a minimum of at least £30,000 per year in salary unless you're working as pre-registered nurse or midwife; - You must prove your knowledge of the English Language by passing an English language test at a Home Office approved test centre at a minimum level of B1 CEFR in reading, writing, speaking and listening. You can also meet this requirement if you have an academic qualification that was taught in English and is recognised by the UK Naric. You will not be required meet the English language requirement if you are a national of an [English-speaking country](https://www.gov.uk/tier-2-general/knowledge-of-english); - You must meet the maintenance requirement by showing that you have held £945 in cash savings for 90 consecutive days before the date of your application or provide a written undertaking from your prospective employer confirming that they are willing to accommodate and maintain you if necessary. It is important you seek legal advice when submitting a Tier 2 General UK Work Visa application as the Home Office requirements are complex and must be fully satisfied in accordance with their rules and policy guidance. ## How we can assist with submitting a Tier 2 General UK Work Visa Application Our solicitors successfully guided the Applicant through the application process and prepared outstanding legal representations which focussed on how the Applicant met the Immigration Rules. Our solicitors had to work closely with the Applicant to ensure they were able to collate all the mandatory documents required for the application. It was essential that a properly executed application that met all the requirements was submitted as the Applicant had accepted a job offer in the UK and wanted to commence his employment as soon as possible. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of his documents to ensure that Applicant submits the correct documentary evidence in the correct format, which met the Home Office’s requirements. ## Using Legal Representation to make a Tier 2 General UK Work Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 General UK Work Visa Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit a Tier 2 UK Work Visa application to UKVI Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your Tier 2 General UK Work Visa and the merit of an application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 2 General UK Work Visa. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Unannounced UKVI Compliance Audits for Tier 2 Sponsor Licence Holders Source: https://immigrationandvisasolicitors.co.uk/ukvi-compliance-audits/ *In order to monitor the level of immigration in the UK, the Home Office has increased the number of unannounced [UKVI Compliance Audits](https://web.archive.org/web/20170115195937/https://immigrationandvisasolicitors.co.uk/sponsor-duties-immigration-compliance-business-employer/) for [Tier 2 Sponsor Licence Holders](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/). Sponsor Licence Holders are facing lengthy and vigorous UKVI Compliance Audits which involve complete disclosure of information regarding the immigration and employment status of their employees, along with their internal human resources and compliance procedures. * ## Unannounced UKVI Compliance Audits Since 2008, Tier 2 Sponsor Licence Holders have certain [record-keeping and reporting responsibilities](https://www.gov.uk/government/collections/sponsorship-information-for-employers-and-educators) with regards to hiring migrant workers. Sponsors are required to keep records of their worker’s identification documents and employment contracts and report to the Home Office any changes with their workers’ immigration and employment status. In order for the Home Office to monitor Tier 2 Sponsor Licence Holders and make sure they are complying with their record and reporting duties, compliance officers often visit their premises to conduct unannounced [UKVI Compliance Audits](https://web.archive.org/web/20170115195937/https://immigrationandvisasolicitors.co.uk/sponsor-duties-immigration-compliance-business-employer/). These are designed to engage the licence holder to an unexpected inspection of their human resources systems, examine the immigration status of their employees and ensure the proper resources are maintained for record keeping and the tracking of migrant data. These UKVI Compliance Audits are known to be very thorough, demanding and lengthy procedures. The compliance officers will request absolute cooperation and disclosure of all records. The UKVI Compliance Audits would involve interviewing personnel and ensuring they have full knowledge of their human resources procedures. UKVI officers examine internal compliance systems, review job descriptions and match them to the information provided on the Certificate of Sponsorship. Furthermore, the audit would involve the implementation of the recruitment and resident labour market test, which reviews the Sponsor’s decision making with regards to unsuccessful applications made by British or resident applicants who have previously applied to vacancies advertised by the Sponsor. During these UKVI Compliance Audits, Tier 2 Sponsor Licence Holders are required to provide full access to the files of sponsored workers, payroll and salary records, identification documents, request details of the recruitment procedures and health and safety policies among others, depending on the size and the type of organization and the discretion of the UKVI officers. ## Failing to Comply with UKVI Compliance Audits Once these UKVI Compliance audits are complete, if the Home Office is satisfied that the Tier 2 Sponsor Licence Holder does not meet the criteria and they are non-compliant during their audit, they will have to deal with certain repercussions. The range of penalties can involve illegal working penalties and hefty fines, including the downgrading of the Tier 2 License Sponsor rating or in the worst case scenario a sponsor licence can be suspended or revoked, which would in effect restrict the licence holder’s permission to sponsor migrant workers. In order to survive a ‘surprise’ UKVI Compliance Audit, Tier 2 Sponsor Licence Holders should be accommodating, transparent and helpful towards the compliance officers, answer any of their questions and provide them with any information they request. ## Using Legal Representation to ensure Compliance with UKVI Compliance Audits Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to ensure you understand your duties and responsibilities of being a Tier 2 Sponsor Licence Holder and help you ensure that your business is and remains compliant with all immigration requirements. Our immigration solicitors can help you conduct ‘mock immigration audits’ to help identify any potential issues which could be resolved before a ‘surprise’ UKVI Compliance Audit. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful UKVI Compliance Audit [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [Our offices are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # Immigration Challenges for UK Businesses Employing EEA Workers Source: https://immigrationandvisasolicitors.co.uk/uk-businesses-employing-eea-workers/ *It has been heavily discussed that the impact of Brexit is likely to have a significant impact on EEA nationals who are choosing to exercise their Treaty Rights and work in the UK. However, there is also major concern for small businesses that rely on the employment of these EEA workers. Despite Prime Minister Theresa May’s insistence of “what this country needs now more than ever is certainty”, the future of small UK businesses employing EEA workers could not be more uncertain. * ## Why Do UK Businesses Employ so Many EEA Workers? Many small UK businesses rely on EEA nationals to make up a significant proportion of their workforce. Many sectors that require low or unskilled workers, such as the retail industry and the hospitality industry find that many of their employees come from all over Europe. It is suggested that this is largely due to the fact that British nationals are unwilling or not interested in doing these jobs. However, it is not just businesses that require low or unskilled workers that are at risk. With regards to skilled workers, especially where there is a largely reported skills shortage; for instance nurses and carers, there is also concern for the industry and employers. The uncertainty of Brexit appears to have worsened the nursing crisis in the UK, by deterring nurses from the EEA in applying for jobs in our NHS, as well as many leaving to return to their home countries amidst fears that they will be asked to leave anyway once Britain is out of the EU. This is detrimental to the NHS and ultimately those who are in need of medical care and attention because the [Nursing sector](http://www.bbc.co.uk/news/health-40476867) is so understaffed and there are not enough British nurses filling these positions, hence the high number of UK businesses employing EEA workers. ## The Possible Future System for UK Businesses Employing EEA Workers Post-Brexit, there is a possibility that EEA nationals will be the subject of a Points Based System that is in place currently for non-EEA workers. However under this system, applicants must be skilled workers. Moreover, the downside to this Points-Based System for small UK businesses is that the recent [Immigration Rules Update](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/600363/58896_HC_1078_web_statement_of_changes.pdf) from the 6 April 2017 means that the [Immigration Skills Charge](https://immigrationandvisasolicitors.co.uk/tier-2-sponsor-licence-holders-immigration/) was imposed on Tier 2 Sponsor Licence holders to charge £1000 per migrant worker. This was introduced as part of Theresa May’s mission to cut the UK’s net migration to 100,000 and deter UK businesses from employing overseas workers over domestic workers. This immigration rules update also increased the [Tier 2 minimum salary requirement](https://immigrationandvisasolicitors.co.uk/tier-2-minimum-salary-requirement/) to £30,000 which may further burden UK businesses and encourage them to employ UK workers over non-British nationals. Therefore it is clear that small UK businesses may struggle if the Points-Based System is adopted for EEA nationals after the UK has left the EU. It is important to retain specialist legal representatives, such as our expert immigration solicitors, in order to understand the UK’s complex immigration rules. ## Using Legal Representation for UK Businesses Employing EEA Workers Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to ensure you comply with the rules and regulations for employing an EEA worker. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Applications for UK Businesses Employing EEA Workers Our team of solicitors and barristers are immigration specialists who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Brexit Update – Free Movement for Europe’s Brightest Talents & Settled Status Right Source: https://immigrationandvisasolicitors.co.uk/settled-status/ *During recent Brexit negotiations Prime Minister, Theresa May has suggested that the UK will continue to open its borders for the brightest and best talents from [European Union countries](https://www.gov.uk/eu-eea). Presently, EU nationals are free of immigration restrictions and workers of all levels can come to the UK to work under European Union Law. In addition to this, Theresa May has also proposed a Settled Status Privilege for European Nationals exercising their Treaty Rights in the UK. However, business leaders and EU ministers have been critical, raising concerns about the potential gap in the UK force and the rights of EU nationals who may not be eligible to apply for the suggested Settled Status Privilege Right.* ## Brexit Negotiations- Free Movement for Europe’s Brightest and Best talents post-Brexit Leading business experts have openly been critical of Theresa May’s Brexit proposals and have raised fears for the future of public and private sector jobs in the UK. We have already seen an [alarming drop](https://immigrationandvisasolicitors.co.uk/eea-applications-eu-nurses-uk-brexit/) in EU nurses applying for NHS jobs. The Brexit effect is likely to have a similar impact on other industries such as the teaching, hospitality and retail sector jobs. Whilst Theresa May has reiterated the UK's position in opening its borders for brightest and best talents from EU countries. She has failed to provide reassurance to millions of [EU nationals working](https://web.archive.org/web/20170927015548/https://immigrationandvisasolicitors.co.uk/uk-businesses-employing-eea-workers/) in public and private sector jobs, who may not be considered as the brightest and best talents from Europe. It is unclear what is required to be considered as the brightest and best talent. Recent statistics show that 7 in 10 London firms are hopeful and reliant on the government to get a Brexit deal that favours all workers and not just the brightest and best talents in Europe. ## Brexit Negotiations- Settled Status Privilege for EU Nationals post-Brexit Theresa May has proposed a Settled Status privilege for European Nationals exercising Treaty Rights in the UK. European migrants exercising Treaty Rights for a period of up to 5 years would be granted Settled Status and would result in access to health, education and other social benefits. However, this would depend on British Citizens in European countries being offered similar rights. Critics have expressed their concerns as the proposed Settled Status privilege could take away rights of EU Citizens who may not have been exercising Treaty Rights in the UK for a period of 5 years and has created a new web of uncertainty for millions of EU nationals. Cabinet Office minister Damian Green has said “basic rights” of European Citizens would be preserved and the UK’s proposal would allow up to three million European Citizens to continue to reside in the UK but failed to comment on the future of EU nationals who have not been exercising Treaty Rights for a period of 5 years. ***3 Promises to EU Nationals post-Brexit***: - European Nationals lawfully exercising Treaty Rights for a period of 5 years will be eligible to apply for “Settled Status”; - European Nationals who acquire Settled Status may be eligible to apply for their family members to join them in the UK; and - European Nationals granted “Settled Status” will be able to work, study or and claim social benefits. It is essential for Europeans nationals currently in the UK to seek urgent Legal advice so that they can[ regularise](https://www.gov.uk/eea-registration-certificate/overview) their status in the UK. It is advised that EU citizens should apply for P[ermanent Residence](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) using our Solicitors and Barristers who prepare applications as strongly as possible to ensure your application has the best chance of success. ## Using Legal Representation to Apply for UK Permanent Residence Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK permanent residence application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful UK Permanent Residence Applications Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are s[pecialist immigration lawyers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our contact form. --- # LEXVISA Weekly Immigration Update 14 July 2017 Source: https://immigrationandvisasolicitors.co.uk/uk-visa-application-weekly-update/ *Further scrutiny is being placed on those businesses which hire non-EEA national workers and will require their staff to make a UK visa application, as the Home Office has announced increases in the number of unannounced UKVI Compliance Audits. This means that Tier 2 Sponsor Licence Holders will need to ensure that they are compliant with the terms of their Sponsor Licence at all times. Challenges exist also for companies that employ EEA nationals, as the status of those EEA nationals exercising their Treaty rights in the United Kingdom is still uncertain in the face of Brexit. The Prime Minister has proposed a new Settled Status Privilege for those EEA nationals currently in the United Kingdom, but this has come under fire from business leaders and EU ministers. For a full and comprehensive analysis, please see below.* ## 1. Unannounced UKVI Compliance Audits for Tier 2 Sponsor Licence Holders In order to monitor the level of immigration to the United Kingdom, the Home Office has increased the number of unannounced [UKVI](https://www.gov.uk/government/organisations/uk-visas-and-immigration) Compliance Audits they carry out on Tier 2 Sponsor Licence holders. UKVI Compliance Audits involve complete disclosure of information regarding the immigration and employment status of their employees, as well as interviews with employees and disclosure of internal compliance and Human Resources systems. Tier 2 Sponsor Licence holders must also provide full access to the files of sponsored workers, payroll and salary records, and identification documents. They may also face other requests at the discretion of the UKVI Compliance Officers. Failing to comply with a UKVI Compliance Audit can lead to a Tier 2 Sponsor Licence being suspended or, in the worst case, revoked. It is possible that a Tier 2 Sponsor Licence may also be downgraded, or that the Licence holder could face fines for not complying with requirements. ## 2. Immigration Challenges for UK Businesses Employing EEA Workers Many small businesses rely on EEA nationals to make up a significant proportion of their workforce. Many sectors that require low or unskilled workers, such as the retail or hospitality industries, are worried that any tightening of the immigration rules after Brexit will drive their EEA national employees away. Yet in sectors where there are reported shortages of skilled workers, such as the health sector, there are also concerns that Brexit will deter EEA nationals from applying for jobs, or will similarly push EEA nationals already employed in the United Kingdom back to their home countries. Post-Brexit, there is a possibility that EEA nationals will be the subject of a Points-based System, similar to that currently in place for non-EEA nationals. Under this system, however, applicants must be classed as skilled workers, and the minimum salary requirement for a Tier 2 visa was increased to £30,000 from 6 April 2017. Small businesses may struggle to match this salary, and they may also be put off sponsoring Tier 2 visas by the £1,000 charge per migrant worker that the government now levies. This will make it more difficult for non-EEA nationals to make a successful UK visa application. ## 3. Brexit Update – Free Movement for Europe’s Brightest Talents & Settled Status During recent Brexit negotiations, Prime Minister Theresa May suggested that the United Kingdom will continue to keep its borders open to the best and brightest talents from EU Member States. At present, EEA nationals are free of immigration restrictions, and workers of all levels can come to the United Kingdom to find employment under EU law. The Prime Minister also proposed a Settled Status Privilege for EEA nationals exercising their Treaty Rights in the United Kingdom for a period of five years. Those EEA nationals granted Settled Status will be able to work, study and claim benefits, and could be eligible to apply for their family members to join them in the United Kingdom. However, this proposal was met with resistance from business leaders and EU ministers, who were concerned about the potential gap in the United Kingdom’s work force, and the rights of EEA nationals who may not be eligible to apply for Settled Status. ## Using Legal Representation For a UK Visa Application in the United Kingdom Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make a UK visa application in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Make a UK Visa Application in the United Kingdom [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Immigration Appeal Update: R (On the Application of SS) v Secretary of State for the Home Department (Self-Serving Statements) [2017] UKUT 00164 (IAC) Source: https://immigrationandvisasolicitors.co.uk/immigration-appeals/ *A self-serving statement is a piece of documentary evidence which may be submitted during immigration appeals and is usually a statement given by a family member. However, self-serving statements are often given little or no weight.  Yet, the judgement in the case of R (on the application of SS) v Secretary of State for the Home Department (“self-serving statements") [[2017] UKUT 00164 (IAC)](https://tribunalsdecisions.service.gov.uk/utiac/2017-ukut-164) (“R (on the application of SS) v SSHD”) could potentially pave the way for more weight to be given to the submission of self-serving statements during immigration appeals. * ## The Background of R (on the application of SS) v SSHD The Applicant is a Sri Lankan national who entered the UK on 11 November 2009 and made a claim for asylum. The SSHD refused this claim on 4 December 2009, as well as the subsequent appeal on 18 February 2010. The Applicant proceeded to make two further submissions on 6 May 2010 and 15 September 2015, both of which were too rejected. The Applicant challenged the SSDH’s decision dated 18 September 2015 which rejected his further submissions and refused to treat them as a fresh asylum or human rights claim. He Applicant submitted that if he were to have to return to Sri Lanka, his life would be in danger prior as to him seeking asylum in the UK, the Applicant was detained by the Sri Lankan Navy on suspicion of being a member of the LTTE like his brother; who had died fighting for them. Since the Applicant has been in the UK, the Applicant’s family have been harassed by the Sri Lankan authorities demanding to know where the Applicant was and to get him to return to Sri Lanka. On one occasion, the Applicant’s father was arrested and taken to a military camp and subject to interrogation for 3 days. During his detention, the Applicant’s father had also been beaten. ## The Judgement in R (on the application of SS) v SSHD In his immigration appeal, the Applicant submitted a letter from his father which stated the circumstances in Sri Lanka and that if he was to return his life would be at risk. The SSHD deemed this evidence as a self-serving statement and more or less dismissed it and used it against the Applicant. Paragraph 31 of the judgement states that; > *“In the present case, the reasons given in the decision letter for the father’s letter being regarded as self-serving are because “it is from your father and does not demonstrate how you as in individual will face fear or persecution upon your return to Sri Lanka.”* The SSHD’s decision was labelled ill-founded as the father’s letter in fact described events that clearly demonstrated that the Applicant’s life would be at real risk if he were to return to his area. The judgement stressed that evidence must be properly considered and emphasised that a statement from a family member is capable of bearing weight. ## What Does This Mean for Applicants Submitting Self-Serving Statements during Immigration Appeals? The judgement concluded that that the SSHD’s handling of this case was flawed and that the dismissal of the Applicant’s father’s letter as being a self-serving statement was incorrect. This could mean that future Applicants, who wish to submit self-serving statements as essential evidence during immigration appeals, may not be as unfairly treated and have the statement dismissed. It is important to seek professional legal advice, such as from our team of specialist immigration solicitors, before submitting an immigration appeal. The full judgment can be accessed here: [R (on the application of SS) v Secretary of State for the Home Department (“self-serving” statements) [2017] UKUT 00164 (IAC) LEXVISA Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/07/R-on-the-application-of-SS-v-Secretary-of-State-for-the-Home-Department-“self-serving”-statements-2017-UKUT-00164-IAC-LEXVISA-Solicitors-and-Barristers.pdf) ## Using Legal Representation to Submit Self-Serving Statements in Immigration Appeals Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit self-serving statements in immigration appeals. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your immigration appeal succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules and your immigration appeal succeeds. ## Successful Immigration Appeals Using Self-Serving Statements Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration appeal before your matter even reaches the immigration tribunals and service. We can assist you with the preparation of your immigration appeal and ensure that you meet all the requirements of the relevant rules. Our offices are located in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful immigration appeal. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://immigrationandvisasolicitors.co.uk/contact-us/).   --- # Double Success Story – Further Leave to Remain FLR (M) Granted Source: https://immigrationandvisasolicitors.co.uk/flr-m/  *We recently received the wonderful news that two of our clients had their Further Leave to Remain (FLR) M applications granted. The Applicants were applying as the Spouse of a British citizen who was present and settled in the UK. Our Solicitors and Barristers had previously assisted the clients to submit successful **Entry Clearance Fiance and Spouse visa applications. We regularly assist our clients in submitting successful applications to the UK Home Office and proudly hold a near 100% success rate on Spouse visa applications. * ## The case for an Extension of Stay FLR (M) Application The First Applicant was a South African national who had entered the UK on a 6-month [Fiance Visa](https://immigrationandvisasolicitors.co.uk/uk-fiance-marriage-visa/). Our Solicitors and Barristers had prepared the initial Entry Clearance Fiance visa application ensuring it was successful. Shortly after arriving in the UK, the Applicant married her fiance and informed us that they now wish to apply for Further Leave to Remain FLR (M) in the UK. This was a difficult case as the Sponsor had retired and wished to rely on his income from state and private pensions to meet the Minimum Income Requirement for the FLR (M) application. Similarly, the second Applicant, a USA national had also instructed our Solicitors and Barristers to prepare the initial [Entry Clearance Spouse visa](https://web.archive.org/web/20170116000810/https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) application. Following the grant of his Entry Clearance application, the Applicant travelled to the UK with his wife and children. The Applicant secured employment in the UK and was now making an FLR (M) application to extend his stay in the UK as a Spouse of a British citizen. ## How we can assist submit an Extension of Stay FLR (M) Application In our initial consultation with the Clients, we had discussed the requirements for a Further Leave to Remain FLR (M) application and their prospects of submitting a successful application to the UK Home Office. Our Solicitors and Barristers offer a personal and bespoke consultation service in which they address all issues involved as well as well as provide Applicants with constructive advice on the ever-changing and complex Immigration Rules and visa requirements. Our solicitors and Barristers only provide advice to our clients in a consultation meeting once the documents have been reviewed and our Solicitors and Barristers have assessed your circumstances as we are in the view that it is unfair to provide generic advice to clients. Especially as every case is different, therefore, should be assessed individually and then be advise you on the best immigration option available to you under the [immigration rules](https://www.gov.uk/guidance/immigration-rules) or in some exceptional cases outside the immigration rules. Following the consultations and further instructions, our Solicitors and Barristers will prepare the Further Leave to Remain FLR (M) application and guide you through the application process. We prepare bespoke and detailed legal representations which focus on how the UK Immigration laws are met and where there are weaknesses with the application we addressed the issues involved ensuring the application is successful. We work closely with our clients to ensuring all the mandatory documents required for the application are collected and are in the correct format. It is essential that a properly executed application is submitted to the UKVI and that all the requirements are met. In addition to the legal representations, our team of Solicitors and Barristers also provide multiple substantial reviews of documents to ensure that the correct documentary evidence is submitted in the correct format, which meets the Home Office’s requirements. ## Eligibility Requirements for a successful Extension of Stay FLR (M) Application To submit a successful Further Leave to Remain FLR (M) application, the following requirements must be met: - You must be in a genuine and subsisting marriage with a British citizen, a person present and settled in the UK or someone who is in the UK with refugee leave or with humanitarian protection; - You must have valid Immigration Status in the UK, i.e. Fiance visa or any of the Points Based System visas such as; [Tier 1 Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/), [Tier 1 Exceptional Talent](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/), [Tier 2 General Work Visa](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/), [Tier 4 Student Visa](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/) or [Tier 5 Youth Mobility Scheme Visa](https://immigrationandvisasolicitors.co.uk/tier-5-temporary-workers-yms/); - You must intend to reside with your spouse permanently; - Your Sponsor must have suitable accommodation; - Your Sponsor must meet the financial requirements (i.e. have enough money to support you and ensure that you can be maintained without recourse to public funds); and - You must satisfy the English language requirement, this has recently changed to a  minimum level A2 of the Council of Europe’s Common European Framework (CEFR). If you are granted a spouse visa, you will be given leave to remain for a further 30 months after which you can apply for Indefinite leave to remain. ## Using Legal Representation for Extension of Stay FLR (M) Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to ensure you comply with the immigration rules and regulations for submitting a successful FLR (M) application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Advice from UK Immigration Solicitors for a successful Extension of Stay FLR (M) Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your FLR (M) application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. If you need professional legal advice about submitting a successful FLR (M) application, please contact us for a case assessment on 02030110276. You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Indian and Chinese Chefs Working in Takeaway Restaurants Excluded from the UK’s Shortage Occupation List Source: https://immigrationandvisasolicitors.co.uk/shortage-occupation-list/ *We have previously written about the effect of the UK’s strict immigration rules on [Britain’s curry houses](https://immigrationandvisasolicitors.co.uk/south-asian-chefs-work-permits/), largely due to the skills shortages of chefs who specialise in foreign cuisine and the UK Government’s efforts to deter UK businesses from hiring Tier 2 overseas workers over British settled workers. Whilst this is still a major issue, a further problem for the restaurant industry is that for those restaurants which offer takeaway options, the chefs working in these restaurants are not included in the UK Government’s [Shortage Occupation List](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list). * ## UK Immigration Rules for Tier 2 Workers in Takeaway Restaurants It is no secret that Brits love a takeaway and research has found that the British public spends billions of pounds a year on takeaways. Further to this, the demand for home-delivered restaurant food is on the rise. Yet, restaurant owners are struggling to maintain their businesses and provide authentic, traditional dishes from their countries of origin. This is largely due to the UK’s stringent immigration rules. Current immigration rules for [Tier 2 overseas workers](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) state that chefs who are foreign nationals must be paid £29,570 after accommodation and food expenses. This fee is often too expensive for small family-owned authentic restaurants which are a contributing factor as to why curry houses may be struggling. Graham Corfied, who is the Managing Director of one of the UK’s biggest online food ordering platforms, has stated that many *“small family-run businesses who are often struggling are being forced to close because they are finding it difficult to get the staff”.* * * ## UK Immigration Rules and the Shortage Occupation List Whilst she was Home Secretary, Theresa May admitted that curry chefs should be included on the  Shortage Occupation List found in Appendix K of the Immigration Rules. However, what the Shortage Occupation List does not give mention to are Tier 2 Overseas chefs who work for restaurants which provide takeaway options, which many curry houses rely on. Moreover, the UK Government’s insistence on training British nationals to learn these skills and fill the job gaps is in fact putting the future of these industries at risk, as those in the restaurant industry wishing to employ individuals who have the authentic knowledge and understanding of regional dishes are unable to do so. A survey by the British Takeaway Campaign (BTC) highlighted that more than one third of 300 takeaway restaurants were experiencing skills shortages, with 29% claiming that they need to hire skilled Tier 2 overseas workers from abroad. Hence, the future for many in the restaurant industry remains uncertain, especially if your business is in the takeaway trade. It is important to seek professional legal advice, such as that from our immigration lawyers, if you are a restaurant owner or a chef and looking to make a Tier 2 overseas worker visa application or Tier 2 Sponsor Licence application. ## Using Legal Representation to Apply for a Tier 2 Overseas Work Visa and the Application of the Shortage Occupation List Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to apply for a Tier 2 Overseas Work visa and the application of the Shortage Occupation list. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for a Tier 2 Overseas Workers Wishing for Jobs on the Shortage Occupation List [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # New Home Office Immigration Amnesty Policy for Grenfell Tower Survivors Source: https://immigrationandvisasolicitors.co.uk/immigration-amnesty-grenfell-tower/ *On 14 July 2017, a devastating fire set alight Grenfell Tower in West London. The fire has been labelled as a national calamity and has resulted in disaster for the victims and their families. The official death toll is still yet to be confirmed and there is still no information on unaccounted victims. The UK Government has confirmed there are 255 survivors (to date) who are in need of urgent assistance. In response to the tragic fire, the UK Government has published a new [Home Office Policy and Guidance](https://www.gov.uk/government/publications/grenfell-tower-fire-handling-immigration-cases) for the survivors of the Grenfell Tower tragedy, promising the victims a 12-month Immigration Amnesty ("New Home Office Immigration Amnesty Policy"). * ## New Home Office Immigration Amnesty Policy - 12-month Immigration Amnesty for Grenfell Tower Survivors The Home Office has urged survivors of the tragedy to come forward and contact the designated charities so that they can receive the necessary medical care and support they need to recover. The Home Office has recognised that there may be survivors who are reluctant to come forward due to their immigration status in the UK. In response, the Home Office has promised a 12-month Immigration Amnesty for the Victims. Brandon Lewis, the UK's Immigration Minister has declared that: > *“The Government has been clear that our priority is to ensure that victims of this tragedy get the access they need to vital services, irrespective of immigration status".* The Home Office will, therefore, grant leave outside the Immigration rules to individuals directly affected by this tragedy. The leave will be granted for 12 months and granted on an exceptional basis to allow those directly affected by the fire to regularise their status or consider their options. ## Who Can Apply Under the New Home Office Immigration Amnesty Policy The New Home Office Immigration Amnesty Policy will allow the survivors of the Grenfell Tower fire to come forward to seek legal advice and to regularise their Immigration status or consider their options for the lawful right to reside in the UK. More importantly, the New Home Office Immigration Amnesty Policy allows the survivors to access social benefits and funds from the public purse. Applicants who wish to rely on the New Home Office Immigration Amnesty Policy must be able to demonstrate that they were a resident of the Grenfell Tower at the time of the fire.  The following group of people can apply: - Applicants with no Immigration status (including illegal entrants and over stayers) and EEA nationals in the UK not exercising Treaty Rights; - Applicants with limited Leave to Remain in the UK that is due to expire within 12 months to the date of the announcement of the New Home Office Immigration Amnesty Policy; or - Applicants who have had their Asylum applications refused and individuals with a current immigration status which is subject to a condition of no recourse to public funds. It is important to note that in some circumstances people residing in the close proximity of the Grenfell Tower may also rely on the New Home Office Immigration Amnesty Policy if they can demonstrate they have been significantly affected by the fire and have been displaced by the fire. The Home Office has made it abundantly clear that they will not allow Applicants to abuse this New Home Office Immigration Amnesty Policy and any person who found guilty of making a false claim will be referred to Immigration Enforcement and will be considered for removal on Deception grounds under the Immigration Rules. ## Using Legal Representation to Apply Under the New Home Office Immigration Amnesty Policy Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an application under the New Home Office Immigration Amnesty Policy. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Applying Under the New Home Office Immigration Amnesty Policy [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [Our offices are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # LEXVISA Weekly Immigration Update 21 July 2017 Source: https://immigrationandvisasolicitors.co.uk/lexvisa-weekly-immigration-update/ *The recent judgement of the below-mentioned case may have changed the way the submission of self-serving statements will be viewed and considered during an appeal, in circumstances where the self-serving statement is capable of bearing weight. LEXVISA is also delighted to announce the success of two recent Further Leave to Remain (FLR (M)) cases which we had recently prepared and submitted the applications for. In addition, there is concern for Indian and Chinese takeaway restaurant owners who are seeking to employ Tier 2 overseas workers, who do not even appear on the UK’s Shortage Occupation List.  The UK Government has also published a new Home Office Policy and Guidance which offers a 12 month Immigration Amnesty for the survivors of the Grenfell Tower fire which happened in West London last month.  * ## 1. Immigration Appeal Update: R (On the Application of SS) v Secretary of State for the Home Department (Self-Serving Statements) [2017] UKUT 00164 (IAC) A self-serving statement is a piece of evidence that may be submitted during an appeal and is typically given by a family member or friend, yet is unfortunately viewed as inadmissible. The judgement in the case of *R (On the Application of SS) v Secretary of State for the Home Department (Self-Serving Statements) *[2017] UKUT 00164 (IAC) challenges the Secretary of State’s initial decision to essentially dismiss the self-serving statement as not being credible and necessary evidence. The significance of this judgement for future applicants wishing to submit self-serving statements during an appeal is that it highlights that self-serving statements are capable of bearing weight and therefore should be submitted if necessary. ## 2. Double Success Story – Further Leave to Remain FLR (M) Granted We recently received the news that two of our clients were granted Further Leave to Remain FLR (M), as the Spouse of a British citizen who is present and settled in the UK. The eligibility requirements for a successful extension of stay application are: - You must be in a genuine and subsisting marriage with a British person, who is present and settled in the UK or someone who is in the UK with refugee leave or with humanitarian protection; - You must have valid Status in the UK, i.e. [Fiancé visa](https://immigrationandvisasolicitors.co.uk/uk-fiance-marriage-visa/) or any of the Points Based System visas such as; [Tier 1 Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/), [Tier 1 Exceptional Talent](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/), [Tier 2 General Work Visa](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/), [Tier 4 Student Visa](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/) or [Tier 5 Youth Mobility Scheme Visa](https://immigrationandvisasolicitors.co.uk/tier-5-temporary-workers-yms/); - You must intend to reside with your spouse permanently; - Your Sponsor must have suitable accommodation; - Your Sponsor must meet the financial requirements (i.e. have enough money to support you and ensure that you can be maintained without recourse to public funds); and - You must satisfy the English language requirement; this has recently changed to a minimum level A2 of the Council of Europe’s Common European Framework (CEFR). Our fully qualified solicitors and barristers prepare each application with great attention to deal to ensure it is as strong as possible and has the best chance of success. ## 3. Indian and Chinese Chefs Working in Takeaway Restaurants Excluded from the UK’s Shortage Occupation List The Indian and Chinese takeaway business in the UK is under threat due to the UK’s strict immigration rules.  The UK Government has compiled a list of Shortage Occupations in the UK, of which nurses and chefs are amongst them. However rather unfairly, chefs who work in restaurants which provide takeaway services, as many Indian and Chinese restaurants do, are not included on the UK's [Shortage Occupation List](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list). The second issue is that for any restaurant owners in the UK, it is costly to employ Tier 2 overseas workers since current rules stipulate that foreign national chefs must be paid £29,570, which may be detrimental for small family run restaurants. These tough rules were introduced because of the UK Government’s plan to deter UK businesses from employing Tier 2 overseas workers and instead training and hiring British born nationals which may not be appropriate for those restaurant owners who are keen on maintaining the authenticity of their cuisines. It is advisable to seek legal advice before applying for a Tier 2 overseas work visa and the application of the UK’s Shortage Occupation List. ## 4. New Home Office Immigration Amnesty Policy for Grenfell Tower Survivors The UK Government has published a New Home Office Policy and Guidance for the survivors of the Grenfell Tower tragedy by offering them a 12 month Immigration Amnesty. The Home Office has said that it will grant leave outside of the immigration rules to individuals who have been directly affected by the devastating Grenfell Tower fire. The following group of people may apply: - Applicants with no Immigration status (including illegal entrants and over stayers) and EEA nationals in the UK not exercising Treaty Rights; - Applicants with limited Leave to Remain in the UK that is due to expire within 12 months to the date of the announcement of the New Home Office Immigration Amnesty Policy; or - Applicants who have had their Asylum applications refused and individuals with a current immigration status which is subject to a condition of no recourse to public funds. The Home Office has emphasised that Applicant’s must not abuse this new Policy and Guidance offering a 12 month Immigration Amnesty and those who do will be referred to Immigration Enforcement and will be considered for removal on the grounds of deception. ## Using Legal Representation to Submit a UK Immigration Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a UK Immigration & Visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for a UK Immigration Visa Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Immigration & Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an application to switch into a Tier 1 Entrepreneur Visa and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration & Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Growing Concern Over Home Office Delays and Its Failure to Comply With Its Own Deadlines and Promises Source: https://immigrationandvisasolicitors.co.uk/home-office-delays/ *Unfortunately, it is not uncommon for Applicants to experience severe Home Office delays on their UK Visa and Immigration applications. The Home Office is currently experiencing a large back log of cases and is struggling to meet their standard processing times for UK Visa and Immigration applications. In addition to this, the Home Office is failing to provide adequate responses to queries on the status of pending UK Visa and Immigration applications. * ## Home Office Delays on UK Visas and Immigration Applications Applicants often receive an acknowledgement that their UK Visa and Immigration application is being processed but then do not hear from the Home Office for several months and in some exceptional cases years. Recent reports suggest that the ombudsman had upheld seven of every ten complaints it received, with poor decision making and excessive Home Office delays being the common problem. It is apparent that the Home Office is struggling to keep up with the number of UK Visa and Immigration application it receives. As a result of unexpected and disproportionate delays, Applicants are being left in difficult waters as they are losing out on valuable employment and education opportunities. A prime example of where unexpected Home Office delays had resulted in someone missing out on a dream job, is the case of Ukrainian born Iryna O'Reilly. Iryna had lived in the UK for 16 years and qualified as a Solicitor in the UK and married her partner in September 2016. Iryna had received a conditional job offer in the UK from a law firm in the UK. She applied for a UK Spouse visa in October 2016 but the Home Office failed to make a decision within their suggested eight week time frame. Iryna had chased the Home Office for a decision but they failed to provide an adequate response. Iryna was unable to start work due to her visa not being granted and eventually missed out on her dream job. This is just one of many examples where Home Office delays had resulted in dire consequences for UKVI Applicants. The Home Office delays have recently been criticised by Parliamentary and Health Service Ombudsman Julie Mellor, who has sympathised with the victims of the Home Office delays stating; > *"Too many people's lives have been put on hold for years by the Home Office because of delays and poor decisions. “We have seen far too many cases where people have been separated from their loved ones, unable to work and where their children have been denied access to education. "It is the responsibility of every board of every UK government department and agency to recognise the profound impact poor services can have on people's lives and make sure they learn from complaints to improve services for all."* In response to the criticism, the Home Office has responded, stating that they are actively working through the backlog of cases and are trying to process applications efficiently. However, it is clear the Home Office needs to revamp its method of processing and deciding applications. ## What to Do If Your UK Visa and Immigration Application is Delayed There are limited actions that can be taken against the UKVI where the Home Office fails to process an application or fails to provide a decision on a UK Visa and Immigration application in accordance with its standard processing times. Whilst there is an application status tracking service available which allows Applicants to check the status of their applications. We often get informed by our clients that this Visa Application status tracking tool to be defective and unresponsive. The Home Office can be contacted via phone email and but they have recently [changed its procedure](https://www.gov.uk/government/news/customer-enquiry-service-changes) and have started to charge for their time. The Home Office now charge £1.37 for every call and £5.48 for emails. As a last resort Applicants can write to their local MP’s to inquire about why their application is being delayed as well to report a Home Office failure in providing adequate responses to queries.  Whilst this is an option available for Applicants, there is no obligation for the Home Office to respond to an MP letter, therefore, it may be best to obtain legal assistance in chasing Home Office for decisions. It has become clear that there is a fundamental problem with the way the Home Office processes its Applications as it often leaves Applicants without decisions and fails to respond adequately to concerned Applicants, often failing to provide a simple update on the status of a pending application. ## Overcoming Home Office Delays and Your Immigration Status One way of overcoming Home Office delays is by using a User Pay service such as a Priority Visa Service. Applicants who opt for the Priority Visa Service would have their applications placed ahead of the queue at the Decision Making Centre and have their applications given priority over the standard applications. There is an additional fee involved for the Priority Visa Service but this service cannot be used by all Applicants and legal advice should be obtained before applying for the Priority Visa Service. It is important to note that the Priority Visa Service does not guarantee that an application will be successful and in some cases, decisions can be delayed. If you have a UK visas and Immigration application pending and you had submitted the application within the 14 day grace period and had valid leave then you will not be considered as someone with no immigration status in the UK. You will still have a right to work and access social benefits while you wait for a decision. ## Using Legal Representation to Submit a UK Visa and Immigration Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visa and Immigration application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful UK Visa and Immigration Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [Our offices are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Home Office Vows to Dramatically Cut the Number of Tier 4 Student Visa Applications Source: https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-applications/ *It has been widely publicised that one of the Conservative Government’s key manifesto pledges is to significantly reduce the UK’s net migration figure to less than 100,000. Following a recent announcement, it has become apparent that one of the ways in which the Home Office intends on doing so is by significantly slashing the number of Tier 4 Student Visa applications that are granted. This is seen to be a highly controversial move by the UK Government which could also have a detrimental impact on UK business. * ## An Overview of the Recent Changes to Tier 4 Student Visa Applications The UK has made stringent changes to the Tier 4 Student Visa route which came into effect on 6 April 2017. Some of the key amendments which were listed in the [Statement of Changes](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/600475/58896_HC_1078_EM_Accessible.pdf) include: - The definition of the working week has been revised to mean a 7 day period from Monday to Sunday, therefore during term time, Tier 4 Students will be able to work 20 hours per week during that 7 day period; - Loan funds for maintenance are to be paid directly to the educational institution; and - Rules have changed regarding overstaying – International students must return to their national country after they have completed their degree, even though getting a job in the UK could boost UK business and economy. These changes have been viewed as tactics by the UK Government to deter overseas students from applying to UK universities which in turn will reduce the UK’s net migration figure. This crackdown has been said to be unfair for international students who wish to study in the UK. ## Should Tier 4 Students be considered as Part of the UK’s Net Migration? Tier 4 Students are not a burden on the State as they must demonstrate that they are self-sufficient and not entitled to Student Finance, which supports the argument as to why they should not be counted in the UK’s net migration figure. This standpoint has been publicly supported by the UK’s Foreign Secretary Boris Johnson. Furthermore, recent figures have indicated that international students provide 170,000 UK jobs and contribute almost £11 billion to the UK’s economy. Therefore, as long as Tier 4 Student Visa Applicants meet all of the necessary requirements, cutting the number of Tier 4 Student visas that are granted will not only have an effect on the individual, but also a damaging effect on UK business and the UK job market. However, a statement given by a Home Office spokesperson has accentuated that: > *“The British people have sent a clear message that they want more control of immigration and we are committed to getting net migration down to sustainable levels in the tens of thousands”.* The Home Office consequently considers all UK visas to contribute to the UK’s net migration figure so will therefore continue to reduce the numbers of Tier 4 Student visas issued in order to meet the UK Government’s targets. Thus it is advised that you seek legal representation, such as our team of specialist immigration lawyers, in order to prepare and submit a Tier 4 Student Visa application. ## Using Legal Representation to Make a Tier 4 Student Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 4 Student Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 4 Student Visa Applications Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Guidance on Submitting a Successful Organ Donor Visitor Visa application Source: https://immigrationandvisasolicitors.co.uk/organ-donor-visitor-visa-application/ *In April 2015, the Home Office made significant changes to the Visitor Visa rules and replaced the General Visitor Visa with the [Standard Visitor Visa](https://web.archive.org/web/20190319122442/https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/). The Standard Visitor Visa has numerous sub categories and the Organ Donor Visitor Visa is one of them. The Organ Donor Visitor Visa is considered as a life changing visa that can save the lives of patients who are need of an urgent organ transplant. This visa is often used as a last resort and needs specialist legal expertise to submit a successful application.* ## What is an Organ Donor Visitor Visa? The Organ Donor Visitor Visa is one of the subcategories under the [Standard Visitor Visa](https://web.archive.org/web/20190319122442/https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/) (formerly known as General Visitor Visa). The purpose of the Organ Donor Visitor Visa application is to allow non-EEA nationals to visit the UK to donate an organ to a loved family member. Organ transplants can save or greatly enhance the lives of other terminally ill patients, therefore, it is essential for Applicants to seek legal advice prior to submitting an Organ Donor Visitor Visa application as a refused application could have serious consequences for an ill patient in need of the organ. Applicants who wish to apply for the Organ Donor Visitor Visa must meet all the requirements of the Standard Visitor Visa application as well as additional requirements under [Appendix V of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules). In order to successfully apply for this visa, it is important for Applicants to meet all the requirements under [Appendix V](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules) as well as to provide the required medical evidence in support of the application. Where an application lacks the correct medical evidence it is likely that the Home Office will refuse the application, the Home Office has made it abundantly clear that they will only grant an Organ Donor Visitor Visa application if they are satisfied that the application is genuine and that their Immigration rules are met. ## Difficulty and Complexities faced with an Organ Donor Visitor Visa Recent reports suggest there has been an increase in the number of patients in need of an urgent organ transplant. There are currently [6389](https://nhsbtdbe.blob.core.windows.net/umbraco-assets/1343/annual_stats.pdf) people in the UK waiting for an organ transplant but there is a shortage of organ donors in the UK, therefore patients have started to ask their overseas family members for assistance. There have been many cases where the Home Office has failed to exercise proper discretion and has failed to take into account the urgency in granting an Organ Donor Visitor Visa application. An unsuccessful application is likely to have dire consequences for families as the vast majority of Organ Donor Visitor Visa applications are made as a last resort and there may be no alternative options in the UK. A prime example of a Home Office decision having devasting consequences for an Applicant is where the Home Office rejected an Organ Donor Visitor Visa application but overturned their decision granting the visa several months later but unfortunately, the patient who was in need of the transplant passed away. Also in [similar circumstances](https://www.theguardian.com/uk/2005/mar/22/immigration.health), a patients' mother-in-law applied for an Organ Donor Visitor Visa to visit the UK to donate her kidney as there were no other suitable donors in the UK, but the Home Office refused the application leaving the patient to suffer from extensive medical interventions which could have been avoided. Our Specialist Immigration team of Solicitors and Barristers are qualified to advise you on the prospects of your Organ Donor Visitor Visa application. They are ready to meet you in person or via Skype to consider whether you meet all the eligibility requirements. Our lawyers often consult with clients who have had their donor visit visa refused in the past due to their lack of understanding of the Immigration Rules and what documentation is required for a successful Organ Donor Visitor Visa application. There is a limited Right of Appeal so it is advisable to consult with a qualified immigration Solicitor or Barrister to ensure that you submit a properly executed Organ Donor Visitor Visa application. ## Eligibility requirements for an Organ Donor Visitor Visa To apply for an Organ Donor Visitor Visa Applicants must be able to show that their primary reason for travelling is to provide an Organ for a family member in the UK.  Applicants will need to meet all the [Standard Visitor](https://web.archive.org/web/20190319122442/https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/) visa requirements as well additional requirements under [Appendix V of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules). In addition to the Standard Visitor visa requirements, Applicants must demonstrate the following; - They genuinely intend to donate an organ, or - Be assessed as a potential organ donor; - To an identified recipient in the UK with whom they have a genetic or close personal relationship; - The Applicant must provide written confirmation of medical tests to show that they are a donor match to the identified recipient; or - That they are undergoing further tests to be assessed as a potential donor to the identified recipient; and - Must provide a letter, dated no more than three months prior to the applicant’s intended date of arrival in the UK from either: (a) The lead nurse or coordinator of the UK’s NHS Trust’s Living Donor Kidney Transplant team; or (b) A UK registered medical practitioner who holds an NHS consultant post or who appears in the Specialist Register of the General Medical Council; which confirms that the visitor meets the requirements of the Visa Rules and confirms when and where the planned organ transplant or medical tests will take place. Lastly, the Applicant **must **demonstrate to the Home Office that the identified recipient is legally present in the United Kingdom or will be at the time of the planned organ transplant. ## What not to do on an Organ Donor Visitor Visa The Organ Donor Visitor Visa does not allow Applicants to engage in the following activities: - Applicants must not intend to work in the UK; or - Applicants must now receive payment from a UK source for any activities undertaken in the UK unless an exemption applies; and - Applicants must not intend to study in the UK, except they can undertake 30 days of recreational, English language or academics study whilst in the UK provided that is not the main purpose of their visit. In addition to the above, Applicants must be able to accommodate and maintain themselves in the UK as they will have no access to public funds. ## Using Legal Representation to Submit an Organ Donor Visitor Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visa and Immigration application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Organ Donor Visitor Visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Organ Donor Visitor Visa Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of Organ Donor Visitor Visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Organ Donor Visitor Visa and ensure that you meet all the requirements of the relevant rules. [Our offices are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Registered Traveller Service Expansion Signals The UK Is Open For Business Source: https://immigrationandvisasolicitors.co.uk/registered-traveller-service/ *For frequent travellers to the United Kingdom, the Registered Traveller Service offers a way to avoid lengthy waits at airport customs. The service caters to business travellers and those individuals who visit the United Kingdom on a regular basis, such as high-net-worth individuals or parents visiting their children studying at school or university. The Registered Traveller Service allows privileges and benefits that should encourage frequent fliers to join the scheme, and make their journeys to the United Kingdom smoother than before.* ## The Benefits of the Registered Traveller Service With the expansion of the Registered Traveller Service, the United Kingdom is now open for business to more international travellers than ever before. Flying to the United Kingdom is now far smoother for nationals from Argentina, Australia, Belize, Brazil, Brunei, Canada, Chile, Costa Rica, El Salvador,  Guatemala, Honduras, Hong Kong SAR, Israel, Japan, Malaysia, Mexico, New Zealand, Nicaragua, Panama, Paraguay, Singapore, South Korea, Taiwan, Uruguay and the USA. This is because the Registered Traveller Service allows users to avoid queuing and other administrative formalities that can unnecessarily delay transit. After signing up to the Registered Traveller Service, users disembarking at airports across the United Kingdom will be able to join the UK and EU passport holder entry lanes, which will allow them to go through passport control a lot faster than before. For added convenience, those users whose passport has a chip can also use the [ePassport](https://www.gov.uk/government/publications/biometric-passports-and-passport-readers/biometric-passports-and-passport-readers) gates, and users who have joined the Registered Traveller Service can also avoid the formality of completing a landing card. Those users who are visa holders in the United Kingdom will not be interviewed upon their arrival, and they also will not need to have their fingerprints taken when entering the United Kingdom. Happily, the service is also available to be used at [Eurostar](https://web.archive.org/web/20190303065128/https://www.eurostar.com/uk-en/) terminals in Brussels, Lille and Paris, meaning that travelling to the United Kingdom by train can be just as convenient as flying. ## Who Should Apply for the Registered Traveller Service? For nationals of the countries listed above, there are two different ways to qualify for the Registered Traveller Service. The first is that the Applicant is over 18 and holds a valid passport, and has visited the United Kingdom a minimum of 4 times in the last 24 months. Each visit will need to have fallen in the category of Business, General, Academic, In Transit, Entertainment or Sports, Parents with a child in a UK school, member of a diplomatic mission, or a medical visitor. The second way is that the Applicant holds a valid visa, though holders of Tier 5 Sporting & Creative Concessions visas, EEA Family Permits, discretionary leave and leave outside the rules are not able to apply. As the Registered Traveller Service allows users to enter the United Kingdom with far fewer formalities than before, it would be of great use to business travellers who do not want to waste time at the airport. Employers who frequently welcome international visitors should also look into the Registered Traveller Service for that same reason, as should retailers whose clients fly to the United Kingdom from overseas in order to enjoy the world class shopping and lifestyle attractions on offer in London and across the United Kingdom. ## Using Legal Representation to Apply for the Registered Traveller Service in the United Kingdom Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to apply for the Registered Traveller Service in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for the Registered Traveller Service in the United Kingdom [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # UK Online Passport Renewal Service Source: https://immigrationandvisasolicitors.co.uk/uk-online-passport-renewal-service/ *Immigration Minister Robert Goodwill has stated the New UK Online Passport renewal service “is a key part of the [Home Office](https://www.gov.uk/government/organisations/home-office)’s drive to transform the way we deliver our services through digitisation. It is designed to improve efficiency and convenience by providing a modern and secure service to millions of passport holders and applicants.” From June 2017, UK customers and British Citizens are able to apply for passport renewal online, through the new UK Passport Renewal Service, once they meet certain criteria.* Lengthy passport applications will gradually be fully replaced with a new UK Online Passport renewal service. The Home Office intends to improve customer services by allowing applicants to apply for a passport online by submitting a suitable digital photo from their smartphone or tablet. It is important to note, a ‘selfie’ photograph will not be accepted and will not be allowed to be submitted with the application. A photo needs to be taken from a distance of approximately 1.5 metres, in order to satisfy the criteria. Furthermore, the Home Office is also promising to make the average time for the application process 10 minutes to complete. ## The Criteria for Applicants using the UK Online Passport Renewal Service Initially, this new UK Online Passport service was only available to a certain number of customers in order to check if it would be quicker and easier process. As of June 2017, this online service is now open to all customers who would like to renew their passport, if they meet particular criteria. According to the Home Office, one must meet the following criteria, where the applicant: - is age 26 or over residing in the UK; - does not hold [dual nationality](https://immigrationandvisasolicitors.co.uk/dual-nationality-brexit/); - is in possession of their current passport (it must not be damaged, lost or stolen); - they will not be making any changes to their name; and - the passport that is being renewed has expired after 2012. ## Digitising Passport Applications for UK Online Passport Renewal Service The Home Office intends to fully implement this UK Online Passport service by 2020.  However, in the meantime, UK customers and British citizens currently living abroad are still able to complete most of their application and payments online. The UK Online Passport service will eradicate the need for customers to print, sign and send their supporting documents along with their photographs to the HM Passport Office. Once the full online UK Passport Service is available, customers will only need to worry about posting their old passport to the Home Office, everything else concerning the passport application is dealt with online. Any applicant wishing to complete this online process will be able to check and track the progress of their application at any time. ## Using Legal Representation to Submit a UK Online Passport Renewal Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply to Renew your Passport using Online Passport Renewal Service [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/)** **are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you on the proper collection of your required documents and help you satisfy the eligibility criteria for your application. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Successfully Switch into a Tier 1 Entrepreneur Visa in the UK Source: https://immigrationandvisasolicitors.co.uk/switch-into-a-tier-1-entrepreneur-visa/ *If you are currently in the UK with valid immigration status and would like to set up a business or take over an existing business, you may be eligible to switch into a [Tier 1 Entrepreneur Visa](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/). The Tier 1 Entrepreneur visa is a popular route for Applicants who hold leave under the Points Based System, such as a Tier 1 Graduate Entrepreneur, [Tier 2 General Worker](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/) or [Tier 4 General Student](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/) visa. Our Solicitors and Barristers are experts in advising Applicants on the Tier 1 Entrepreneur Visa route. We regularly assist high net worth clients with applications to switch into a Tier 1 Entrepreneur Visa and have a wide range of established contacts to assist with the finance or company formation ensuring success.* **Can I Switch into a Tier 1 Entrepreneur Visa?** Applicants who would like to switch into a [Tier 1 Entrepreneur](https://www.gov.uk/tier-1-entrepreneur/eligibility) Visa must have valid immigration status in the UK and ensure an application to switch is made in accordance with the UK Immigration Rules and Policy Guidance. Applicants in the UK under the following Points Based System categories may be eligible to apply to switch into a Tier 1 Entrepreneur Visa: - Tier 1 Investor or Tier 1 Graduate Entrepreneur; - Tier 2 General Workers; and - Tier 4 Students. It is important to note that Applicants on a Tier 1 Graduate Entrepreneur Visa may rely on their own personal cash savings if they can demonstrate that the funding is readily available to invest and has been held in a regulated financial account for a consecutive 90 day period. Similarly, Applicant’s on a Tier 1 Investor or Tier 2 General Work Visa can also rely on their own personal cash savings if the funding requirements are met. Whilst Tier 4 General students are permitted to switch into the Tier 1 Entrepreneur Visa, they can only meet funding requirement from an approved source and cannot rely on their own personal cash savings. Tier 5 Youth Mobility Workers cannot switch into the Tier 1 Entrepreneur Visa but can submit an Entry Clearance application. **Eligibility Requirements for Tier 1 Entrepreneur Visa** Whilst it is true the above categories do not require Applicants to have previously set up their business, Applicants still need to be able to demonstrate they meet the eligibility requirements for a Tier 1 Entrepreneur Visa. In particular, Applicants must be able to demonstrate that they satisfy the [Tier 1 Genuine Entrepreneur Test](https://immigrationandvisasolicitors.co.uk/tier-1-genuine-entrepreneur-test/). One of the key benefits of submitting an application to switch into a Tier 1 Entrepreneur visa is that applications are made within the UK and does not require Applicants to return to their country of residence and apply for Entry Clearance. The Tier 1 Entrepreneur Visa eligibility requirements can be read under [Paragraph 245](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system#pt6aentrepreneur) of the Immigration Rules, please see some of the key requirements below: - 75 Points for Attributes requirement; - 10 points for the English Language requirement; and - 10 points for Maintenance requirement. In some circumstances, the money for investment can be shared among a team of (maximum of 2) Entrepreneurs if the funds have not already been used with a different team. **Using Legal Representation to ****Switch into a Tier 1 Entrepreneur Visa** Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to switch into a Tier 1 Entrepreneur Visa. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your switch into a Tier 1 Entrepreneur Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. **Successfully ****Switch into a Tier 1 Entrepreneur Visa** Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an application to switch into a Tier 1 Entrepreneur Visa before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an application to switch into a Tier 1 Entrepreneur Visa and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an application to switch into a Tier 1 Entrepreneur Visa. Contact our London immigration solicitors on 02030110276 or complete our [contact form. ](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # UK Immigration News: The UK’s Brexit Strategy Source: https://immigrationandvisasolicitors.co.uk/uks-brexit-strategy/ *It would be an understatement to say that since the UK voted to leave the EU last year, there has been a great deal of uncertainty amongst the thousands of EEA nationals who are exercising their Treaty Rights here in the UK.  Although this uncertainty is not likely to be resolved in the near future, now that Brexit talks are officially underway, EU nationals in the UK; as well as British expats, have been given an inkling of Mrs May’s position and the UK’s Brexit strategy. * ## What Are the Rules for EEA Nationals Prior to the UK’s Brexit Strategy? Currently under the [Immigration (European Economic Area) Regulations 2016](https://web.archive.org/web/20190313165152/http://www.legislation.gov.uk:80/uksi/2016/1052/made), a national from any EEA country may come to the UK and exercise their Treaty Rights. In order to exercise Treaty Rights an individual must either; - be in employment or actively seeking employment; - self-employed; - studying; or - be economically self-sufficient. Employers in Britain do not need to have permission to employ EEA nationals whereas under the Immigration Rules, non-EU citizens seeking employment in the UK are subject to the points based system whereby entry to the UK is limited to skilled workers in sectors where there are shortages. After an EEA national has lived continuously and legally in the UK for a period of 5 years, they may then have the right to apply for permanent residence. The Home Office guidance can be confusing as it is constantly changing; therefore it is advisable to attain legal representation such as our specialist immigration solicitors and barristers, before making a permanent residence application in the wake of the UK's Brexit strategy. ## The UK’s Brexit Strategy During the first official Brexit talks, the Prime Minister Theresa May gave a glimpse of the UK's Brexit strategy and vowed that any EEA national and their family members who are currently residing in the UK will not be forced to leave as soon as the UK has officially exited the EU. She has pledged to offer “settled status” to EEA citizens who have legally been present in the UK for 5 years, prior to a “cut-off” date. To apply for this “settled status” it is being proposed that EU nationals will need to join an ID register, with the process being as; *"streamlined and user-friendly as possible for all individuals, including those who already hold a permanent residence document under current free movement rules"*. * * This would supposedly allow the transfer of existing benefits such as health care arrangements and eligibility for loans and maintenance support for higher education to EU citizens and their family members for those who were residents prior to this “cut-off date”. Unfortunately, there has been no elaboration as to when this so-called cut-off date is. It has been suggested that it could be any point from when Article 50 was triggered in March of this year and March 2019 when the UK is scheduled to formally leave the EU. The Prime Minister is looking for these initial offers to enshrine the rights of EU citizens in the UK to be reciprocated for Brits who are exercising their Treaty Rights in other EU countries. At this early stage in the Brexit negotiations, however, the amount of uncertainty experienced by EEA nationals is still running high, therefore before making any changes to your status in the UK, it is recommended that specialist immigration advice from [our immigration lawyers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) is sought. ## Using Legal Representation to Apply for UK Permanent Residence Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK permanent residence application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful UK Permanent Residence Applications Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our contact form. --- # LEXVISA Weekly Immigration Update 7 July 2017 Source: https://immigrationandvisasolicitors.co.uk/weekly-immigration-update/ *The UK Government has announced that Business Immigration to the UK is much needed for the growth of the UK economy and has proposed less stringent immigration and visa application processes for business migrants to enter the UK. In this regard, switching in the UK to a Tier 1 Business Investor or Entrepreneur visa route may be an attractive option. The UK Government has also introduced a UK Online Passport Renewal Service and extended the number of countries from which migrants are eligible to sign up to the Registered Traveller Service as frequent travellers for business or other purposes. Finally, the UK Government has also devised a Brexit Strategy which it intends to use the status of EU nationals living in the UK as a bargaining chip during its negotiating process. For full and comprehensive analysis on these topics of discussion, please see below.* ## 1.UK Online Passport Renewal Service By 2020 all passport renewal applications will be replaced with a new UK Online Passport Renewal Service. Applicants will be able to apply for a passport online by avoiding lengthy paper document applications and be able to submit their photos either through their smartphone or tablet. Immigration Minister Robert Goodwill confirms this development is part of the Home Office’s intention to transform the passport service to a more efficient and convenient one for customers. UK customers and British citizens based overseas will be able to complete their application and make payment online as well as being able to track the progress of their request. Meanwhile, since June 2017 the online renewal service is available only for customers who meet certain Home Office criteria. ## 2. Switching into a Tier 1 Entrepreneur Visa within the UK Overseas migrants currently residing in the UK with valid immigration status can apply for a Tier 1 Entrepreneur Visa to set up a or take over an existing business in the UK. The Tier 1 Entrepreneur Visa is a popular route for Applicants holding leave under the Points Based System, such as a Tier 1 Graduate Entrepreneur, [Tier 2 General Worker](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) or [Tier 4 General Student](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/) visa. Applicants in the UK under the following Points Based System categories may be eligible to apply to switch into a [Tier 1 Entrepreneur Visa](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/): - Tier 1 Investor or Tier 1 Graduate Entrepreneur; - Tier 2 General Workers; and - Tier 4 Students. Applicants currently on a Tier 1 Graduate Entrepreneur, [Tier 1 Investor](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) or Tier 2 General Work Visa may rely on their own personal cash savings if they can demonstrate that the funding is readily available to invest and has been held in a regulated financial account for a consecutive 90 day period. Whilst Tier 4 General students are permitted to switch into the Tier 1 Entrepreneur Visa, they can only meet funding requirement from an approved source and cannot rely on their own personal cash savings. ## 3.Registered Traveller Service Expansion Signals The UK Is Open For Business For frequent travellers to the United Kingdom, using the Registered Traveller Service makes arrival at your destination airport or station much more convenient. The Registered Traveller Service is open to those who have entered the United Kingdom at least four times the last 24 months on a [Standard Visitor visa](https://web.archive.org/web/20190319122442/https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/), or hold or hold a different type of valid UK visa, excluding Tier 5 Sporting & Creative Concessions, EEA Family Permits, discretionary leave and leave outside the rules. The Government expanded the Registered Traveller Service so that includes Argentina, Australia, Belize, Brazil, Brunei, Canada, Chile, Costa Rica, El Salvador,  Guatemala, Honduras, Hong Kong SAR, Israel, Japan, Malaysia, Mexico, New Zealand, Nicaragua, Panama, Paraguay, Singapore, South Korea, Taiwan, Uruguay and the USA. This means that nationals of those countries are eligible for a much smoother and more convenient arrival in the United Kingdom. ## 4.UK’s Brexit Strategy for EU Nationals in the UK During the first official Brexit talks, Prime Minister Theresa May has started to reveal the UK’s Brexit strategy and her plans for EEA nationals whose future in Britain is uncertain. There have been proposals that EEA nationals will have to apply for “*settled status*” if they have been in the UK legally for a period of 5 years. This would apparently entitle these individuals to continue to exercise existing benefits such as health care arrangements and eligibility for loans and maintenance support for higher education. At this early stage in the Brexit negotiations, the amount of uncertainty experienced by EEA nationals is still running high and although arrangements have been proposed to be as streamlined as possible, this has done little to ease the concerns of EEA nationals looking to remain in the UK post-Brexit. ## Using Legal Representation to Submit UK Immigration Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a UK Immigration & Visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for UK Immigration Visa Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Immigration & Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an application to switch into a Tier 1 Entrepreneur Visa and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration & Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Private Medical Treatment Visitor Visa Source: https://immigrationandvisasolicitors.co.uk/private-medical-treatment-visitor-visa/ *Last month we wrote guidance on submitting a successful [Organ Donor Visitor Visa application](https://immigrationandvisasolicitors.co.uk/organ-donor-visitor-visa-application/) and that the purpose of the Organ Donor Visitor Visa is to allow non-EEA nationals to visit the UK in order to donate an organ to a family member or friend to provide them with life-changing treatment. A wider scope of the Organ Donor Visitor Visa is the Private Medical Treatment Visitor Visa which allows individuals to enter the UK as a visitor in order to receive any private medical treatment, which may also provide life changing treatment and save lives. * ## What is a Private Medical Treatment Visitor Visa? A Private Medical Treatment Visitor Visa enables individuals to visit the UK for a period of 6 or 11 months, with the purpose of receiving private medical treatment, perhaps because that level of treatment and care is not available in their home country. Private Medical Treatment Visitor Visa Applicants are also able to visit family and friends whilst in the UK, carry out certain business activities per the rules of the Business Visitor Visa and also study for a no longer than 30 days per the rules of the Short-Term Study Visitor Visa, all of which follow the basic guidelines of a [Standard Visitor Visa](https://www.gov.uk/standard-visitor-visa/overview). ## Requirements for a Private Medical Treatment Visitor Visa Application Applicants of a Private Medical Treatment Visitor Visa must fulfill the following requirements in order for the Private Medical Treatment Visitor Visa application to be a success: - Applicants must satisfy the Home Office that they are a genuine visitor to the UK and that they will leave the UK at the end of their Private Medical Treatment Visitor Visa; - Applicants must prove that they are visiting the UK for the purpose of receiving private medical treatment and will not undertake any permitted activities whilst in the UK; - Applicants must be able to show that they have sufficient funds to cover the cost of their trip to the UK without recourse to public funds; - The private medical treatment must have been arranged before travel to the UK; - Applicants must provide a letter from their doctor or consultant which details the medical condition which requires the private medical treatment, the estimated cost of the private medical treatment, the expected duration of the private medical treatment and where the private medical treatment will take place; and - That if the Applicant is suffering from a communicable condition, they must have satisfied a medical inspector that they pose no threat or danger to public health. ## Prohibited Activities on a Private Medical Treatment Visitor Visa It is important to be aware of the restricted activities of a Private Medical Treatment Visitor Visa which mainly includes working and receiving payments from a UK source for any activities undertaken whilst the Applicant is in the UK. Applicants on a Private Medical Treatment Visitor Visa may re-enter the UK multiple times within the duration of the Private Medical Treatment Visitor Visa, unless the visa specifically states it is a single-entry Private Medical Treatment Visitor Visa or a dual-entry Private Medical Treatment Visitor Visa. It is important to be aware of the UK’s complex Immigration and Visa Rules, therefore seeking expert advice from our specialist solicitors can ensure that you meet all of the necessary requirements for a Private Medical Treatment Visitor Visa and that your Private Medical Treatment Visitor Visa has the greatest chance of success. ## Using Legal Representation to Make a Private Medical Treatment Visitor Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Private Medical Treatment Visitor Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Private Medical Treatment Visitor Visa Applications Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/).   --- # New Home Office Unjustifiably Harsh Consequences Test for UK Spouse and Family Member Visa Applications Source: https://immigrationandvisasolicitors.co.uk/unjustifiably-harsh-consequences-test/ *As of 10 August 2017, the much awaited change to the UK Home Office Policy Guidance has now been revealed. We previously wrote about the impact of [MM Majid Javed v SSHD and the impending change to the Home Office Policy Guidance](https://web.archive.org/web/20170223131348/https://immigrationandvisasolicitors.co.uk/supreme-court-ruling-mm-majid-javed/) on meeting the Minimum Income Requirement under Appendix FM Immigration Rules for Spouse Visa and other Family Member visa applications. The new Home Office Policy Guidance  essentially introduces a new Unjustifiably Harsh Consequences Test by considering any interests of children and alternative sources of income in meeting the [Minimum Income Requirement](https://immigrationandvisasolicitors.co.uk/minimum-income-requirement/). * ## What is the New Unjustifiably Harsh Consequences Test? The new Unjustifiably Harsh Consequences Test applies in Spouse Visa and Family Member Visa applications, where applicants do not meet the Minimum Income Requirement under [Appendix FM Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members). However, if the Home Office accepts that the refusal could lead to unjustifiably harsh consequences; applicants will be permitted to rely on other alternative sources of income, financial support or other funds to make up the deficit in meeting the Minimum Income Requirement.**  ** ## The New Unjustifiably Harsh Consequences Test as a Two-Stage Test The new Home Office Policy Guidance has set out a Two-Stage Test to be applied in Spouse Visa and Family Member Visa applications in situations when the Minimum Income Requirement cannot be met. The First Stage is that the Home Office should consider alternative sources of income in meeting the Minimum Income Requirement where: > *The decision maker must consider whether the refusal of the application could breach ECHR Article 8 because it could result in **unjustifiably harsh consequences** for the applicant, their partner or a relevant child…The decision maker must take into account, as a primary consideration, the best interests of any relevant child. *(Emphasis Added) The Second Stage is that the Home Office must consider any other exceptional circumstances where: > *The decision make must consider whether there are exceptional circumstances which would render refusal of the application a breach of ECHR Article 8 because it would result in **unjustifiably harsh consequences** for the applicant or their family…they must grant entry clearance or limited leave to remain. *(Emphasis Added) The full Home Office Policy Guidance can be accessed here in two parts: [Appendix FM Section 1.0a Family Life as a Partner or Parent - 5 year route LEXVISA Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/08/Appendix-FM-Section-1.0a-Family-Life-as-a-Partner-or-Parent-5-year-route.pdf) & [Family Life as a Partner or Parent and Private Life - 10 year routes guidance August 2015 LEXVISA Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/08/Family-Life-as-a-Partner-or-Parent-and-Private-Life-10-year-routes-guidance-August-2015.pdf) ## Evidence required in meeting the New Unjustifiably Harsh Consequences Test The Home Office has inserted a new paragraph 21A under Appendix FM-SE Immigration Rules, which sets out where the Minimum Income Requirement is not met, a decision maker must take into account the sources of income, financial support or funds by way of: - A credible guarantee of sustainable financial support to the applicant or their partner from a third party; - Credible prospective earnings from the sustainable employment or self-employment of the applicant or their partner; or - Any other credible and reliable source of income or funds for the applicant or their partner, which is available to them at the date of the application or which will become available to them during the period of limited leave applied for. In practice, where the new Unjustifiably Harsh Consequences Test applies, the Home Office may contact the Applicant in such circumstances seeking further information and allow the Applicant to provide the required evidence within 21 days of the request being made by the Home Office. ## Using Legal Representations to make a Spouse Visa and Family Member Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Spouse Visa application. A Spouse Visa application can be complicated at times as the Home Office have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the Spouse Visa process. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## How to make a successful Spouse Visa and Family Visa Application To make a successful Spouse Visa application you must meet the Home Office’s requirements, we have previously written about the [stringent requirements](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/). It is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any visa and immigration application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements. A common question we often come across is regarding the financial requirements. The financial requirements may be satisfied through various different avenues such as salaried employment, self-employment or cash savings. You may wish to contact us if you have any questions regarding any of the requirements. ## Advice from LEXVISA UK Immigration Solicitors on Submitting a successful Spouse Visa and Family Member Visa Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK Spouse Visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa and immigration application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. --- # LEXVISA Weekly Immigration Update 18 August 2017 Source: https://immigrationandvisasolicitors.co.uk/lexvisa-uk-immigration-weekly-update/ *The Home Office has recently announced a £91 million tender for the proposed digitisation of services for UK Immigration Visa Applications and Appeals which could potentially improve the efficiency of how documents are sent to the Home Office. This week we have also highlighted the similarities and differences between an Academic Visitor Visa and a Permitted Paid Engagement (PPE) Visitor Visa and guidance on making a Private Medical Treatment Visitor Visa application. Further, this month the Home Office has introduced unjustifiably harsh consequences test for UK Spouse Visa and Family Member Visa applications in regards to Applicants who do not meet the Minimum Financial Requirement.   * ## 1.The Digital Age in the Handling of Immigration Visa Applications and Appeals From October 2017, the Home Office plans to implement the digitisation of Immigration Visa Applications which will include identity checks, the capture of biometrics and the digitisation of supporting evidence. The proposed tender is for an initial 3 year period, with the option for a 2 year extension. The purpose of this proposed digitisation is to ensure the secure submission of all data and documents to the Home Office which is a positive improvement as currently often mishandles hard copies of Applicants’ documents; therefore the digitisation of document transmission for Immigration Visa Applications will improve efficiency and transparency with the Home Office and UK Visas and Immigration (UKVI) and reduce [Home Office Delays](https://immigrationandvisasolicitors.co.uk/home-office-delays/). In addition, Her Majesty’s Courts and Tribunal Service (HMCTS) have proposed to introduce the concept of a ‘virtual court room’ for Immigration Tribunals. Such services are already available and used during Civil and Criminal proceedings, and the expectation is that it will provide greater access and flexibility to individuals who are appealing and Immigration Visa decision. ## 2.Academic Visitor Visa and Permitted Paid Engagement Visitor Visa The purpose of an Academic Visitor Visa is to allow non-EEA nationals who are highly qualified in their field of expertise to visit the UK for a period of up to 12 months in order undertake certain activities. Similarly, a PPE Visitor Visa allows non-EEA nationals who are experts in their field to visit the UK to undertake certain activities, however the maximum period of stay is 30 days, and Applicants must have received an invitation to visit the UK. The general requirements for an Academic Visitor Visa and a PPE Visitor Visa are the same that apply to all [Standard Visitor Visa](https://www.gov.uk/standard-visitor-visa/overview) applications which are: - Not receiving pay from a UK business or institution for any work carried out whilst in the UK; - Must demonstrate the intention to leave the UK at the end of the duration of the Visitor Visa; - Must be able to maintain themselves and any dependents whilst in the UK, with no recourse to public funds; and - Meet the costs of the return or onward journey from the UK. Not only are PPE Visitor Visas available to academics, but also to qualified lawyers, artists, entertainers, musicians and sports persons. ## 3.Private Medical Treatment Visitor Visa A Private Medical Treatment Visitor Visa enables individuals to visit the UK for a period of either 6 or 11 months, with the purpose of receiving private medical treatment. The requirements for Private Medical Treatment Visitor Visa Applicant include: - Satisfying the Home Office that they are a genuine visitor to the UK and that they will leave at the end of the Private Medical Treatment Visitor Visa; - Prove they are visiting the purpose of receiving private medical treatment and will not undertake any permitted activities whilst in the UK; - Demonstrate they have sufficient funds to cover the cost of their trip; - The private medical treatment must be arranged before the Applicants travel to the UK; - A letter from the doctor or consultant must be provided which includes details of the medical condition the requires the private medical treatment, the estimated cost of the private medical treatment, the expected duration of the private medical treatment and where the private medical treatment will take place; and - If the Applicant is suffering from a communicable condition, they must have satisfied a medical inspector that they pose no threat or danger to public health. Those who are granted a Private Medical Treatment Visitor Visa may re-enter the UK multiple times within the duration of their visa, unless it specifically states that it is a single-entry Private Medical Treatment Visitor Visa or a dual-entry Private Medical Treatment Visitor Visa. ## 4.New Home Office Unjustifiably Harsh Consequences Test for UK Spouse and Family Member Visa Applications The Home Office finally revealed the changes to its’ Policy Guidance on 10 August 2017 concerning Applicants who do not meet the Minimum Income Requirement under Appendix FM Immigration Rules for [Spouse Visa](https://web.archive.org/web/20170116000810/https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) and Family Member Visa applications. If the Home Office accepts that the refusal could lead to unjustifiably harsh consequences; Applicants will be permitted to rely on other alternative sources of income, financial support or other funds to make up the deficit in meeting the [Minimum Income Requirement](https://immigrationandvisasolicitors.co.uk/minimum-income-requirement/). The Home Office has inserted a new paragraph 21A under Appendix FM-SE Immigration Rules, which sets out where the Minimum Income Requirement is not met, a decision maker must take into account the sources of income, financial support or funds by way of: - A credible guarantee of sustainable financial support to the Applicant or their partner from a third party; - Credible prospective earnings from the sustainable employment or self-employment of the Applicant and their partner; or - Any other credible and reliable source of income or funds for the Applicant or their partner, which is available to them at the date of their application or which will become available to them during the period of limited leave applied for. This may then give Applicants more time to provide the required evidence. ## Using Legal Representation to Submit a UK Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a UK Visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the UK Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Submit a UK Visa Application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Immigration & Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a UK Immigration & Visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration & Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Immigration Enforcement Accelerated in the UK Source: https://immigrationandvisasolicitors.co.uk/immigration-enforcement-accelerated-uk/ *Last weekend, [UK Visa and Immigration](https://www.gov.uk/government/organisations/uk-visas-and-immigration) carried out numerous Immigration Enforcement operations across the UK in an attempt to catch rogue landlords and employers. Previously the Home Office made it clear that employers and landlords must carry out the mandatory Right to Work and Right to Rent checks or could face criminal charges as well as substantial fixed penalties. It is evident that the UK Government has introduced strict changes under the Immigration Act 2016 to prevent the exploitation of vulnerable migrants as well as to control its borders.  Migrants without valid immigration status in the UK will now have to make a UK Visas and Immigration Application to regularise their status or could face hardship in finding employment and accommodation in the UK.* ## Immigration Enforcement - Right to Rent under the Immigration Act 2016 Under the Immigration Act 2016, landlords who fail to conduct a mandatory [Right to Rent](https://immigrationandvisasolicitors.co.uk/right-to-rent-scheme-uk-landlords/) check may have committed a [criminal offence](https://immigrationandvisasolicitors.co.uk/right-to-rent-check-may-lead-criminal-offence-under-immigration-act-2016/) under [Section 39 of the Immigration Act 2016](http://www.legislation.gov.uk/ukpga/2016/19/section/39/enacted). The UK Border Agency arrested 200 people during the operation cracking down on illegal renting and rogue landlords renting unsuitable properties for maximum and easy profit. Immigration Minister Brandon Lewis has said: > These operations show that we will not tolerate people living and working illegally in the UK. Illegal working cheats the taxpayer, has a negative impact on the wages of lawful workers and allows rogue employers to undercut legitimate businesses. Landlords and agents must check the immigration status of all tenants prior to them moving in. There is no fixed way of carrying out a Right to Rent Check but the Home Office Policy Guidance provides valuable information on how to conduct a [Right to Rent](https://immigrationandvisasolicitors.co.uk/right-to-rent-scheme-uk-landlords/) check to avoid Immigration Enforcement. To carry out a [Right to Rent](https://immigrationandvisasolicitors.co.uk/right-to-rent-scheme-uk-landlords/) check the following can be carried out: - Firstly, request for original ID documents showing the tenant's Immigration Status in the UK: - Secondly, make copies of all ID documents showing Immigration Status, it is important landlords and agents understand the validity of travel documents and the different UK Visas; and - Thirdly, landlords and agents should carry out these checks every 3 months in order to remain compliant with the Right to Rent checks. Whilst there are some defences available for landlords and agents, it is important that all the necessary checks are carried out prior to a tenant moving in.  A potential defence for landlords and agents could be an innocent mistake; essentially the Immigration Act 2016 makes it clear that the landlords and agents will only be [guilty](https://immigrationandvisasolicitors.co.uk/right-to-rent-check-may-lead-criminal-offence-under-immigration-act-2016/) if they knowingly rent a property to a person who does not hold valid UK Immigration Status or there was valid cause to believe that a tenant does not hold valid Immigration status. ## Immigration Enforcement - Right to Work under the Immigration Act 2016 Similarly, employers are required to conduct a [Right to Work](https://immigrationandvisasolicitors.co.uk/hr-advice-right-to-work-checks-penalties-ukvi-business-immigration/) check before employing overseas migrants in the UK.  The purpose of the [Right to Work](https://immigrationandvisasolicitors.co.uk/hr-advice-right-to-work-checks-penalties-ukvi-business-immigration/) check is to prevent [illegal working](https://www.gov.uk/government/publications/right-to-work-checks-employers-guide) in the UK and the exploitation of illegal workers.  Employers who fail to conduct a mandatory Right to Work Check may have committed a criminal offence under [Section 34 of the Immigration Act 2016](http://www.legislation.gov.uk/ukpga/2016/19/section/34/enacted) and would need to answer to Immigration Enforcement. Similarly, there is no one way of conducting a Right to Work Check but the following must be covered: - Firstly, request for original ID documents showing the worker's Immigration Status in the UK: - Secondly, make copies of all ID documents showing Immigration Status, it is important UK employers understand the validity of travel documents and the different UK Visas; and - Thirdly, employers should carry out these checks every 3 months in order to remain compliant with the Right to Work checks. A Failure to carry out a Right to Work check could result in a fixed penalty fine of up to £20,000 per illegal migrant as well as a two-year prison sentence. Similarly to the Right to Rent, it is only considered to be a criminal offence where someone had reasonable cause to believe that a potential employee may not have valid immigration status.   Businesses could also suffer serious penalties such as downgrading of their Tier 2 Sponsor Licence or in some occasions a withdrawal of a Tier 2 Sponsor Licence. If a business were to lose its Tier 2 Sponsor Licence, it would no longer be able to sponsor Tier 2 workers in the UK. Therefore from a business perspective, it is crucial for the [Right to Work](https://immigrationandvisasolicitors.co.uk/hr-advice-right-to-work-checks-penalties-ukvi-business-immigration/) check to be carried out competently. ## Using Legal Representation to conduct a Right to Rent or Right to Work Check Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a Right to Rent or Right to Work check. Our [solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) will help you comply with the Home Office’s requirements and meet the UK Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Right to Rent or Right to Work check succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the[ Immigration Rules](https://www.gov.uk/guidance/immigration-rules). ## Successfully Conduct a Right to Rent or Right to Work Check Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of conducting a Right to Rent or Right to Work check ensuring you do not have any troubles with Immigration Enforcement. We regularly assist with Right to Rent and Right to Work checks for landlords/agents and employers ensuring the status of their Sponsor Licence is protected and that they do not have any problems with Immigration Enforcement. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration Right to Rent or Right to Work checks. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration & Visa Right to Rent or Right to Work check. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # UK Visa Success Story: Spouse Visa Application granted Source: https://immigrationandvisasolicitors.co.uk/spouse-visa-application-success-story/ *Our solicitors recently received delightful news that a client (the Applicant) had been granted Further Leave to Remain as the Spouse of a British citizen. The Applicant was a returning client who had previously instructed us to successfully appeal a Home Office refusal in relation to her [Tier 1 Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/) application. In our initial consultation with the Applicant, we discovered the Applicant’s circumstances and facts surrounding her [Spouse Visa](https://web.archive.org/web/20170116000810/https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) Application.* ## The case for an Entry Clearance Spouse Visa Application The Applicant was an Indian national residing in the UK on a *[Tier 1 Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/)* visa. The Applicant met the Sponsor at her place of work and instantly became good friends. The couple spent valuable and memorable time together which enabled them to grow closer to one another. After several months of dating, the Applicant and Sponsor decided to get married. From the onset, our solicitors had advised the Applicant of the requirements for an application for Further Leave to Remain as a spouse of a British citizen. It was essential that the Applicant gathered all necessary documents required under the Immigration Rules in short period of time as her *[Tier 1 Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/) was set to expire*. The Applicant instructed us to prepare and assist with the submission of his application. ## How we can assist submit a successful Entry Clearance Spouse Visa Application Our solicitors successfully guided the Applicant through the application process and prepared outstanding legal representations which focussed on how the Sponsor satisfied the [minimum income requirement](https://web.archive.org/web/20170223131348/https://immigrationandvisasolicitors.co.uk/supreme-court-ruling-mm-majid-javed/) of £18,600 as well the other requirements under Appendix FM.  It was important that the Applicant gathered all the requisite documents in support of her applications in a short space of time as her Tier 1 Entrepreneur was set to expire. In this particular case, the Applicant was unable to obtain specified documents listed under Appendix FM SE, therefore, our solicitors had to work with the Applicant in ensuring the application was prepared to give the Applicant the best chance of success. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her documents to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with the online visa application form and the financial requirements form. The Applicant opted for the same day priority visa service which allows Applicants to receive a decision on the same day. The Applicant attended an appointment at a Visa Application Centre with our legal representations and her supporting documents and her Spouse Visa Application was granted shortly after. ## All You Need to Know About a Spouse Visa Application Applicants who are currently in the United Kingdom with a valid leave to remain and are married to a British national, a person present and settled in the UK can apply to switch into a spouse visa from inside the country. To submit a successful In-County Spouse Visa Application, the following requirements must be met: - You must be in a genuine and subsisting marriage with a British citizen, a person present and settled in the UK or someone who is in the UK with refugee leave or with humanitarian protection; - You must have valid Immigration Status in the UK, i.e. Fiance visa or any of the Points Based System visas such as; [Tier 1 Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/), [Tier 1 Exceptional Talent](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/), [Tier 2 General Work Visa](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/), [Tier 4 Student Visa](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/)or [Tier 5 Youth Mobility Scheme Visa](https://immigrationandvisasolicitors.co.uk/tier-5-temporary-workers-yms/); - You must intend to reside with your spouse permanently; - Your Sponsor must have suitable accommodation; - Your Sponsor must meet the financial requirements (i.e. have enough money to support you and ensure that you can be maintained without recourse to public funds); and - You must satisfy the English language requirement, this has recently changed to a  minimum level A2 of the Council of Europe’s Common European Framework (CEFR). If you are granted a spouse visa, you will be given leave to remain for a further 30 months after which you can apply for Indefinite leave to remain. ## Using Legal Representation to Submit a Spouse Visa Application Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a Spouse Visa Application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Spouse Visa Application succeeds, our [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for Spouse Visa Application [Our team](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Spouse Visa Application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa Spouse Visa Application and ensure that you meet all the requirements of the relevant rules. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. If you need professional legal advice about submitting a successful Spouse Visa Application, please contact us for a case assessment on 02030110276. You can also reach us via our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # New Court Guidance on making an Immigration Judicial Review Application Source: https://immigrationandvisasolicitors.co.uk/immigration-judicial-review-application/ *The Administrative Court has updated its guidance on making an Immigration Judicial Review Application. The [New Administrative Court Guidance](https://www.gov.uk/government/publications/administrative-court-judicial-review-guide) makes it clear that the intending claimant should think carefully about the implications of making an Immigration Judicial Review Application. In particular, the new court guidance sets out the complex and extensive number of general and personal considerations the Applicant must take into account before submitting an Immigration Judicial Review Application as well as the practical steps in doing so. Applicants must be aware that failure to comply with appropriate time limits and court procedures can have serious costs consequences. A successful Immigration Judicial Review Application can lead to the quashing of the original decision or a mandatory order to reinstate a previously held immigration status, therefore it is of utmost importance to use professional legal representation to make sure your Immigration Judicial Review Application has merits and is litigated in accordance with the appropriate time limits and court procedures.* ## What is an Immigration Judicial Review Application? An [Immigration Judicial Review](https://immigrationandvisasolicitors.co.uk/ukvi-home-office-immigration-appeals-judicial-review/) Application is a type of legal challenge where an individual asks the High Court (Administrative Division) or Upper Tribunal to review the lawfulness of a decision, action or failure to act of a public body or government department such as the Home Office. Please note that an Immigration Judicial Review Application should be treated as a [last resort measure](https://immigrationandvisasolicitors.co.uk/immigration-judicial-review/) and must be made where no other alternative remedy is available. ## Time limit and Appropriate Jurisdiction to make an Immigration Judicial Review Application In practice, an Immigration Judicial Review Application must be submitted as soon as possible or at the latest within 3 months of the date of the Home Office decision or other decision that is subject to challenge. It is very important to adhere to these time limits otherwise you run the risk of not being able to bring an Immigration Judicial Review Application at all. An Immigration Judicial Review Application should be submitted to the Administrative Court where the decision under challenge relates to: - Validity of Immigration Rules; - Lawfulness of detention; - Inclusion on register of licensed [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) or [Tier 4](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/) Sponsors; - British citizenship; - Asylum support of accommodation; - Upper Tribunal determination; - Special Immigration Appeals Commission findings; and - Declaration of incompatibility under [s.4 HRA 1998](http://www.legislation.gov.uk/ukpga/1998/42/section/4). Any other Immigration Judicial Review Application should be submitted to the Upper Tribunal. ## Stages for making an Immigration Judicial Review Application There are essentially 3 main stages for making an Immigration Judicial Review Application: - Pre-Action Stage; - Permission Stage; and - Hearing Stage. ### Pre-Action Stage This requires an Applicant to set out the elements of the Immigration Judicial Review Application by submitting a Judicial Review Pre-Action Protocol Letter to the Home Office at its designated department dealing with Immigration Judicial Review Applications only. The Judicial Review Pre-Action Protocol Letter must be comprehensive and follow a defined format as set out by the Administrative Court in its new court guidance and in the CPR. Applicants should ensure that the Pre-Action Stage is properly completed before proceeding to the Permission Stage to avoid adverse costs orders. ### Permission Stage This requires an Applicant to apply to the Administrative Court or Upper Tribunal for permission to make an Immigration Judicial Review Application. The permission application is first considered on papers and if refused, an Applicant has the right to request an oral hearing for the permission application to be considered again. If permission is granted, then the Immigration Judicial Review Application can proceed to the Hearing Stage. ### Hearing Stage   If permission to make an Immigration Judicial Review Application is granted, the Administrative Court or Upper Tribunal provides extensive directions for the matter to proceed to a substantive hearing. It is important to ensure that all directions made by the Administrative Court or Upper Tribunal are complied with before a substantive hearing is held to avoid the Immigration Judicial Review Application being refused as well as adverse costs orders. At the substantive hearing, the Administrative Court or Upper Tribunal considers the Immigration Judicial Review Application fully with all the evidence provided and if successful grants the Applicant appropriate relief. ## Types of Relief Granted for Successful Immigration Judicial Review Application It is important for an Applicant to decide whether an Immigration Judicial Review Application is appropriate and will provide the remedy sought. In a successful Immigration Judicial Review Application, the Administrative Court or Upper Tribunal can grant the following types of relief: - **quashing order** – ‘quashes’ a decision, which means that the decision is revoked and no longer has any legal effect and must be taken again, sometimes within a particular period; - **prohibiting order** – prevents the Home Office from taking the action specified in the order, for example, removal; - **mandatory order** – compels the Home Office to take the action specified in the order, for example, to accommodate the claimant; - **declaration** – stating the legality of a decision, policy or legislative provision; and - **damages** – the award of money to compensate for any loss caused or as punitive damages in order to punish the defendant for his unlawful action. In most cases where there is no statutory right of appeal given, the outcome of a successful Immigration Judicial Review Application is that the Applicant is granted a statutory right of appeal, which must then be pursued separately in the Immigration Tribunal. The New Administrative Court Guidance provides detailed information on the Immigration Judicial Review Application process and outcomes. Please find a full copy of the New Administrative Court Guidance here:  [The Administrative Court Judicial Review Guide 2017 LEXVISA Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/08/The-Administrative-Court-Judicial-Review-Guide-2017-LEXVISA-Solicitors-and-Barristers.pdf). ## Using Legal Representation to Make an Immigration Judicial Review Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make an Immigration Judicial Review Application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Make an Immigration Judicial Review Application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our contact form. --- # LEXVISA Weekly Immigration Update 25 August 2017 Source: https://immigrationandvisasolicitors.co.uk/lexvisa-visa-application-solicitors/ *UK Visa and Immigration (UKVI) carried out numerous Immigration Enforcement operations across the UK last weekend, to ensure that landlords and employers are carrying out the mandatory Right to Rent and Right to Work Checks in order to prevent the exploitation of vulnerable migrants and control UK borders. LEXVISA is also pleased to announce the success of a Spouse Visa Application of one of our returning clients which granted her Further Leave to Remain in the UK as the Spouse of a British citizen. The Administrative Court has also recently updated its guidance on making an Immigration Judicial Review Application which sets out the complex and extensive number of general and personal considerations an Applicant must take before submitting and Immigration Judicial Review Application and highlights the serious costs consequences with failing to comply with the appropriate time limits and court procedures.* ## 1.Immigration Enforcement Accelerated in the UK It is essential that [Right to Rent](https://immigrationandvisasolicitors.co.uk/right-to-rent-scheme-uk-landlords/) and [Right to Work](https://immigrationandvisasolicitors.co.uk/hr-advice-right-to-work-checks-penalties-ukvi-business-immigration/) Checks are carried out by landlords and employers in the UK. Under the Immigration Act 2016, landlords, agents and employers who fail to conduct Right to Rent and Right to Work Checks may be seen to have committed a criminal offense under [Section 39 Immigration Act 2016](http://www.legislation.gov.uk/ukpga/2016/19/section/39/enacted) and [Section 34 Immigration Act 2016](http://www.legislation.gov.uk/ukpga/2016/19/section/34/enacted) and could find themselves in trouble with Immigration Enforcement.Whilst there is no specific way of carrying out a Right to Rent and Right to Work Check, the Home Office Policy Guidance provides useful information on how to conduct a Right to Rent and Right to Work Check. It is important that all the necessary checks are carried out prior to a tenant moving in or the employee starting work. The Immigration Act 2016 makes clear that landlords, agents and employers will only be found guilty of a criminal offense if they knowingly rent a property to or employ a person who does not have valid UK Immigration Status. Employers must also be aware that failure to carry out Right to Work Checks may result in a fixed penalty fine of up to £20,000 per illegal migrant, as well as a 2 year prison sentence. Businesses could also suffer serious penalties such as a downgrading of their Tier 2 Sponsor Licence or even a withdrawal of their Tier 2 Sponsor Licence all together. ## 2.UK Visa Success Story: Spouse Visa Application Granted Our client is an Indian national who was previously residing in the UK on a [Tier 1 Entrepreneur Visa](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/). Due to the Applicant’s Tier 1 Entrepreneur Visa expiring, our solicitors were given a short deadline in order to complete our comprehensive reviews of her documents and draft our legal representations. It is important that individuals who are making a [Spouse Visa](https://web.archive.org/web/20170116000810/https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) Application meet all of the necessary requirements under Appendix FM and Appendix FM-SE of the Immigration Rules. We also prepared and assisted the Applicant with the online application form and the financial requirements form. The Applicant opted for the same day priority visa service which allows Applicants to receive a decision on the same day. It is possible for Applicants who are currently in the UK with valid leave to remain to switch to a Spouse Visa and submit an in-country application in order to do so, as long as they meet all of the requirements. If your Spouse Visa application is successful, you will be given leave to remain for a further 30 months, after which you can then apply for Indefinite Leave to Remain. ## 3.New Court Guidance on making an Immigration Judicial Review Application An [Immigration Judicial Review](https://immigrationandvisasolicitors.co.uk/ukvi-home-office-immigration-appeals-judicial-review/) Application is a type of legal challenge whereby an individual can ask the High Court or Upper Tribunal to review the lawfulness of a decision, action or failure to act of a public body or government department, such as the Home Office. An Immigration Judicial Review Application should only be made as a [last resort](https://immigrationandvisasolicitors.co.uk/immigration-judicial-review/), where no other alternative remedy is available. It is important that an Immigration Judicial Review Application is submitted as soon as possible, or at the latest within 3 months of the date of the Home Office decision, so that your Immigration Judicial Review Application is able to be made. There are 3 main stages for making an Immigration Judicial Review Application; the Pre-Action Stage, the Permission Stage and the Hearing Stage. If the Immigration Judicial Review Application is then successful, either a quashing order, prohibiting order, mandatory order, declaration or damages may be awarded as a type of relief. In most cases where no statutory right of appeal is given, the outcome of a successful Judicial Review Application is that the Applicant is granted a statutory right of appeal, which must then be perused in the Immigration Tribunal. ## Using Legal Representation to Submit a UK Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a UK Visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the UK Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Submit a UK Visa Application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Immigration & Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a UK Immigration & Visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration & Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # LEXVISA Weekly Immigration Update 28 July 2017 Source: https://immigrationandvisasolicitors.co.uk/lexvisa-immigration-update-home-office/ *It has been an interesting week where the Home Office has faced further scrutiny for its excessive [delays](https://immigrationandvisasolicitors.co.uk/home-office-delays/) in deciding UK Visa and Immigration applications. In some cases, the delays have resulted in Applicants losing out on valuable employment and education opportunities. The Home Office has also introduced new changes to the [Tier 4](https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-applications/) Student Visa route which came into effect on 6 April 2017. There has also been a surge in [Organ Donor Visitor Visa](https://immigrationandvisasolicitors.co.uk/organ-donor-visitor-visa-application/) applications as recent reports suggest there is a lack of organ donors in the UK.* ## 1. Home Office Delays on UK Visas and Immigration Applications Unfortunately, it not uncommon for Applicants to experience severe [Home Office delays](https://immigrationandvisasolicitors.co.uk/home-office-delays/) on their UK Visa and Immigration applications. Recent reports suggest that the ombudsman had upheld seven of every ten complaints it received, with poor decision making and excessive Home Office delays being the common problem. It is apparent that the Home Office is struggling to keep up with the number of UK Visa and Immigration application it receives. As a result of unexpected and disproportionate delays, Applicants are being left in difficult waters as they are losing out on valuable employment and education opportunities. There are limited actions that can be taken against the UKVI where the [Home Office fails](https://immigrationandvisasolicitors.co.uk/home-office-delays/) to process an application or fails to provide a decision on a UK Visa and Immigration application in accordance with its standard processing times. Whilst there is an application status tracking service available which allows Applicants to check the status of their applications. We often get informed by our clients that this Visa Application status tracking tool to be defective and unresponsive. It has become clear that there is a fundamental problem with the way the Home Office processes its Applications as it often leaves Applicants without decisions and [fails to respond adequately](https://immigrationandvisasolicitors.co.uk/home-office-delays/) to concerned Applicants, often failing to provide a simple update on the status of a pending application. One way of overcoming Home Office delays is by using a User Pay service such as a Priority Visa Service. Applicants who opt for the Priority Visa Service would have their applications placed ahead of the queue at the Decision Making Centre and have their applications given priority over the standard applications. There is an additional fee involved for the Priority Visa Service but this service cannot be used by all Applicants and legal advice should be obtained before applying for the Priority Visa Service. It is important to note that the Priority Visa Service does not guarantee that an application will be successful and in some cases, decisions can be delayed. ## 2. An Overview of the Recent Changes to Tier 4 Student Visa Applications The UK has made stringent changes to the [Tier 4 Student Visa](https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-applications/) route which came into effect on 6 April 2017. Some of the key amendments which were listed in the [Statement of Changes](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/600475/58896_HC_1078_EM_Accessible.pdf) include: - The definition of the working week has been revised to mean a 7 day period from Monday to Sunday, therefore during term time, Tier 4 Students will be able to work 20 hours per week during that 7 day period; - Loan funds for maintenance are to be paid directly to the educational institution; and - Rules have changed regarding overstaying – International students must return to their national country after they have completed their degree, even though getting a job in the UK could boost UK business and economy. These changes have been viewed as tactics by the UK Government to deter overseas students from applying to UK universities which in turn will reduce the UK’s net migration figure. This crackdown has been said to be unfair for international students who wish to study in the UK. ## 3. What is an Organ Donor Visitor Visa? The [Organ Donor Visitor Visa](https://immigrationandvisasolicitors.co.uk/organ-donor-visitor-visa-application/) is one of the subcategories under the [Standard Visitor Visa](https://web.archive.org/web/20190319122442/https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/) (formerly known as General Visitor Visa). The purpose of the Organ Donor Visitor Visa application is to allow non-EEA nationals to visit the UK to donate an organ to a loved family member. Applicants who wish to apply for the Organ Donor Visitor Visa must meet all the requirements of the Standard Visitor Visa application as well as additional requirements under [Appendix V of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules). In order to successfully apply for this visa, it is important for Applicants to meet all the requirements under [Appendix V](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules) as well as to provide the required medical evidence in support of the application. Where an application lacks the correct medical evidence it is likely that the Home Office will refuse the application, the Home Office has made it abundantly clear that they will only grant an [Organ Donor Visitor Visa](https://immigrationandvisasolicitors.co.uk/organ-donor-visitor-visa-application/) application if they are satisfied that the application is genuine and that their Immigration rules are met. Recent reports suggest there has been an increase in the number of patients in need of an urgent organ transplant. There are currently [6389](https://nhsbtdbe.blob.core.windows.net/umbraco-assets/1343/annual_stats.pdf) people in the UK waiting for an organ transplant but there is a shortage of organ donors in the UK, therefore patients have started to ask their overseas family members for assistance. There have been many cases where the Home Office has failed to exercise proper discretion and has failed to take into account the urgency in granting an Organ Donor Visitor Visa application. An unsuccessful application is likely to have dire consequences for families as the vast majority of Organ Donor Visitor Visa applications are made as a last resort and there may be no alternative options in the UK. ## Using Legal Representation to Submit a UK Immigration Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a UK Immigration & Visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for a UK Immigration Visa Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Immigration & Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a UK Immigration & Visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration & Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Successfully Overcoming the Home Office Tier 1 Entrepreneur Interview Source: https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-interview/ *If you are applying for a [Tier 1 Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/) visa application you will need to meet the Genuine Entrepreneur Test as well be ready for a tough [Tier 1 Entrepreneur](https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-1-entrepreneur) Interview. The Home Office has made it clear; where there are suspicions surrounding the credibility of a Tier 1 Entrepreneur visa application they will conduct an in-depth interview with the Applicant. The Tier 1 Entrepreneur Interview can be daunting as the Home Office expect Applicants to have a broad and comprehensive understanding of their business plan and business activity. * ## The Home Office Tier 1 Entrepreneur Interview The Home Office often refuse applications following a comprehensive Tier 1 Entrepreneur Interview on the basis of Applicants lacking knowledge of their business. The Purpose of the Tier 1 Entrepreneur Interview is for the Home Office to ascertain more information about an Applicants background, business activity and future business plans such as growth and expansion. The Home Office often start the Tier 1 Entrepreneur Interview by examining the application and then start asking questions depending on how much evidence an Applicant had submitted with their Tier 1 Entrepreneur application. It is important for Applicants to be well prepared and to have a broad understanding of their business activity, business model and most importantly in depth knowledge of their business plan. In our experience, Applicant’s often make the mistake in submitting lengthy business plans without actually studying and ensuring they are aware of the fundamental basics such as; the marketing strategy, number of employees and their roles and financial projections. ## Overcoming Frequently Asked Questions (FAQ's) in a Tier 1 Entrepreneur Interview Our team of specialist Immigration [Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) can organise mock Tier 1 Entrepreneur interviews or can prepare mock questions to assist Applicants in preparing for the Tier 1 Entrepreneur Interview. During a Tier 1 Entrepreneur Interview a Home Office case worker can ask questions about the following: - **Immigration History**: The Home Office will be aware of your UK Immigration history in respect of previous applications submitted as well as travels to the UK. The Home Office case worker can ask why a previous application may have been refused especially where it was for a different visa category as well as question frequent visits to the UK. - **Education and Relevant Experience**: The Home Office will review your CV and may ask you questions relating to your relevant education and work experience. A typical question the Home Office could ask; is for you to explain how your previous experience and education background will help you set up or take over an existing business in the UK. - **Background to Business**: The Home Office may ask questions in relation to why you have chosen the UK to set up or take over an existing business and what steps have been taken to date to set up the business. - **Business Plan: **In our experience, Applicants often find it difficult to answer questions about their business plan. Therefore it is crucial for you to have studied your business plan prior to a Tier 1 Entrepreneur Interview as it is certain that there will be questions on the business plan. The Home Office would expect you answer basic and complex questions in relation to the aims and objectives of the business, marketing strategy, financial projections and a backup plan. ## Tier 1 Genuine Entrepreneur Test We have previously written about overcoming the [Genuine Entrepreneur Test](https://immigrationandvisasolicitors.co.uk/tier-1-genuine-entrepreneur-test/) as well the challenges Applicants often face with submitting a successful Tier 1 Entrepreneur visa application. In summary, the purpose of the Genuine Entrepreneur Test is to deter Applicants from submitting Tier 1 Entrepreneur applications which lack credibility. The Genuine Entrepreneur Test is applied vigorously and the Immigration Rules and Policy does not specify a definite list of document required to meet the Genuine Entrepreneur Test. Therefore it is essential for Applicant to obtain [specialist legal advice](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) prior to submitting a Tier 1 Genuine Entrepreneur visa application. ## Using Legal Representation to prepare for a Tier 1 Entrepreneur Interview Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a Tier 1 Entrepreneur Interview demonstrating that you satisfy the Genuine Entrepreneur Test. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Entrepreneur visa application succeeds and meets the Genuine Entrepreneur Test, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence in support of your Tier 1 Entrepreneur Interview. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 1 Entrepreneur Interview Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your Tier 1 Entrepreneur Interview and the merit of an application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Tier 1 Entrepreneur visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 1 Entrepreneur visa application and whether you satisfy the Genuine Entrepreneur Test and the Tier 1 Entrepreneur Interview. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Trump’s Ban Makes Tier 1 Business Immigration to the UK More Attractive Source: https://immigrationandvisasolicitors.co.uk/tier-1-business-immigration/ *The new ruling of the U.S. Supreme court (Trump v. Int’l Refugee Assistance Project, 2017 BL 218966, U.S., No. 16-1436, 6/26/17) on the President Trump’s travel ban appears to discourage Business Immigration in the US from Africa and the Middle East. The travel ban only allows persons from such countries into the US if they have a “credible claim of a bona fide relationship with a person or entity in the United States”. **This has opened doors for more Business Immigration in the UK under the [Tier 1 Investor](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) and [Tier 1 Entrepreneur ](https://www.gov.uk/tier-1-entrepreneur/overview)routes as the UK Government has openly welcomed Business Immigration in the UK from Africa and the Middle East** as well as from Europe and China; attracting the top intellects across the world.  * ## Business Immigration options in the UK under the Tier 1 route The U.S. visa application processing has been taking longer than usual, since President Trump suspended a program allowing some applicants to get a temporary visa without a formal interview, and now the application has to include an up-to-date letter from the employer to confirm that the employment is ongoing. Before setting your business in the United Kingdom you might want to consider one of two types of immigration visa required: Tier 1 Investor visa and Tier 1 Entrepreneur visa. ## What is Tier 1 Investor visa? The [Tier 1 Investor](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) visa is available to high net worth individuals who intend on making substantial investments in the UK. Applicants do not require a prior job offer in order to apply, nor need to demonstrate proficiency in English. However, Applicants must show that they have no less than £2 million of their own money and disposable in the UK. Please note that the more Applicants are prepared to invest, the quicker they will be able eligible to apply for Permanent Residency. Our expert business immigration team can assist you with your queries and assist you in the preparation of an application to the Home Office. We can guide you step by step and ensure that you submit a properly executed application with the requisite documents which confirm that you meet all the requirements of the relevant Immigration Rules. ## What is Tier 1 Entrepreneur visa? The Tier 1 Entrepreneur visa allows Applicants to set up their business in the UK or take over an existing business. Applicants usually have to provide evidence that they have access to a minimum of £200,000 and be able to show their English Language ability, in order to satisfy the criteria set out to attain the Tier 1 Entrepreneur visa. Additionally, the applicant is required to meet the maintenance requirement. In addition to this, Applicants will have to show that they meet the Tier 1 Genuine Entrepreneur Test. It is not uncommon for Applicants to be invited in for a [Tier 1 Entrepreneur Interview](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-interview/). The Tier 1 Entrepreneur visa leads to possible fast-track settlement in the UK if one is able to create ten jobs or achieve an annual turnover of £5 million a year. ## Tier 1 Investor visa v Tier 1 Entrepreneur visa - Which Business Immigration Route is Best for You? The most noticeable difference is the amount of the initial investment required once you’re in the UK. Though the Entrepreneur visa does require a larger sum to be available if the applicant is planning to get involved in growing a business the category possibly allows for far greater returns to enjoy. The attractive part of Investor visa that it doesn’t require the applicant to show one's proficiency in the English Language, though its popularity has declined since the initial sum of available funds have been increased from previous £1 million. Deciding on which visa type is better for you would be based on your personal aspirations, although contacting a legal representative is always advisable. ## Using Legal Representation to prepare for a Tier 1 Business Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a Tier 1 Entrepreneur Interview demonstrating that you satisfy the Genuine Entrepreneur Test. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Entrepreneur visa application succeeds and meets the Genuine Entrepreneur Test, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence in support of your Tier 1 Entrepreneur Interview. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 1 Business Visa Application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your Tier 1 Entrepreneur Interview and the merit of an application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Tier 1 Entrepreneur visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 1 Entrepreneur visa application and whether you satisfy the Genuine Entrepreneur Test and the Tier 1 Entrepreneur Interview. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # LEXVISA Weekly Immigration Update 4 August 2017 Source: https://immigrationandvisasolicitors.co.uk/lexvisa-update-uk-visa-application/ *This week we highlighted that it is important to realise that a Standard UK Visitor Visa has many sub-categories which come with their own separate set of requirements. So when submitting a Child Visitor Visa application it is essential that you fully understand the Home Office rules and requirements. With regard to Business Immigration, this week we discussed how Donald Trump’s Immigration Ban may benefit UK Business Immigration and provided guidance on how to successfully prepare for a Tier 1 Entrepreneur Interview. LEXVISA Solicitors and Barristers are qualified to assist you in submitting the strongest possible UK Visa application. * ## 1.Making a Successful Child Visitor Visa Application The purpose of a Child Visitor Visa is to allow an individual who is under the age of 18 to come to the UK for up to 6 months, for many different purposes. However, those on a Child Visitor Visa are restricted from doing the following: - being a burden on the State and have no recourse to public funds; - must not study whilst they are in the UK; and - must not work in the UK. It is important that adequate arrangements have been made for Child Visitor Visa Applicants for their travel to, reception and care in the UK before they travel and if the Applicant is not applying or travelling with a parent or guardian based in their home or residential country who is responsible for their care, that parent or guardian must give their consent to the arrangements for that child’s travel to, and reception and care in the UK. It is important to seek legal advice from our specialist immigration solicitors to ensure you understand the UK’s complex immigration rules and [additional requirements](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules) before submitting a Child Visitor Visa application. ## 2.Successfully Overcoming the Home Office Tier 1 Entrepreneur Interview Tier 1 Entrepreneur Applicants need to meet the Genuine Entrepreneur Test as well as having an in-depth interview with the Home Office  in circumstances where there are suspicions surrounding the credibility of the Tier 1 Entrepreneur application. During the Tier 1 Entrepreneur Interview, it is important that Tier 1 Entrepreneur Applicants are able to demonstrate they have a firm knowledge of their business and understand their business plan. During the Tier 1 Entrepreneur Interview, Applicants may be asked questions regarding immigration history, education and relevant experience and background to their business as well as about their business plan. Our team of specialist Business Immigration Solicitors can organise mock interviews or prepare mock questions in order to assist Tier 1 Entrepreneur Applicants for their Tier 1 Entrepreneur Interview. ## 3.Trump’s Ban Makes Tier 1 Business Immigration to the UK More Attractive President Trump’s controversial travel ban has featured continuously in the news over the past few months. The travel ban appears to discourage Business Immigration to the United States from countries in the Middle East and Africa. This can have a positive impact for UK Business Immigration as the UK welcomes Tier 1 Entrepreneur and Tier 1 Investor Applicants. Tier 1 Entrepreneur Visas and Tier 1 Investor Visas are aimed at high net worth individuals, and it is important to establish which Tier 1 visa route is more suitable to you before you make an application. There are several key differences between a Tier 1 Entrepreneur Visa and a Tier 1 Investor Visa, such as Tier 1 Investor Applicants need to demonstrate proficiency in English, whereas Tier 1 Entrepreneur Applicants must. In order to fully understand all of the requirements for the Tier 1 Entrepreneur Visa and Tier 1 Investor Visa, it is advisable you speak with our specialist immigration lawyers to identify the best route for you and prepare the UK Visa application as strongly as possible. ## Using Legal Representation to Submit a UK Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a UK Visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Submit a UK Visa Application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Immigration & Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a UK Immigration & Visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration & Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # UK Immigration Asylum Appeal: The Pros and Cons Source: https://immigrationandvisasolicitors.co.uk/immigration-asylum-appeal/ *On 1 December 2016, the Immigration Act 2016 made significant changes in regards to the appeals process. An Applicant can be removed from the UK if they are in the process of an appeal or if an appeal on human rights grounds is pending. These powers do not apply to Immigration Asylum Appeals however and each individual’s circumstances should be considered before deciding whether to make an Immigration Asylum Appeal or a fresh application. * ## What is an Immigration Asylum Appeal? An Immigration Asylum Appeal can be made to the Upper Tribunal in the event that the Home Office has refused an application and the Applicant feels that there was a legal mistake made with the First Tier Tribunal decision. Applicants are either given an in country right of appeal or an out of the country right of appeal and either way, [challenging a Home Office decision with an appeal](https://www.gov.uk/immigration-asylum-tribunal) can be a stressful, costly and lengthy process. It is therefore important that any UK Visas and Immigration application succeeds at the first instance in order to avoid the prolonged appeal process, so contact our specialist immigration solicitors before submitting an Immigration Asylum Appeal or UK Visas and Immigration application. ## Using an Immigration Asylum Appeal as a Deterrent Mechanism The average waiting time for the Home Office to determine an Immigration Asylum Appeal is now approximately 44 weeks and there are currently around 65,000 appeals waiting to be determined. This could be seen as the UK Government’s way of deterring Applicants from appealing against the Home Office decision and leaving the country to then reduce the UK’s net migration figure to their target of less than 100,000. ### Pros of an Immigration Asylum Appeal If successful, appealing a negative Home Office decision can be beneficial to Applicants as not only will they be granted their leave in the UK, but they will also erase any adverse immigration history that that refusal would have given them. Therefore this will not have a negative impact on any future UK Visas and Immigration applications. ### Cons of an Immigration Asylum Appeal As well as the lengthy time it can take for an Immigration Asylum it can also be a significant monetary cost to the Applicant and costs cannot be recovered at Tribunal hearings, unless the Home Office have cited unreasonably and their refusal are frivolous and vexatious. Moreover, no new evidence may be considered during the appeal so only evidence that was originally submitted may be relied upon. There have been many cases where the Home Office has failed to exercise proper discretion by refusing appeals to cases where appeals were acceptable. A prime example of Home Office decision not allowing an applicant to appeal and then sending a letter to the wrong MP now has won an appeal to be granted a visa at the tribunal. Therefore in some instances it may be more appropriate to make a fresh application as that may have a greater chance of success. In order to determine whether to make an Immigration Asylum Appeal or submit a fresh application, it is advised to seek professional legal advice from our dedicated immigration team, in order to understand and navigate the UK’s complex Immigration and Asylum Appeal rules. ## Using Legal Representation to Make an Immigration Asylum Appeal or a Fresh Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an immigration Asylum Appeal or fresh application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Immigration Asylum Appeal or Fresh Application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Despite the Brexit Divorce Bill, it is Business as Usual in the UK Source: https://immigrationandvisasolicitors.co.uk/brexit-divorce-bill-business-visa/ *Because of the uncertainty caused by the approaching deadline for Brexit negotiations, UK is desperate for business, investor and entrepreneur immigration. The Home Secretary said: “We will ensure we continue to attract those who benefit us economically, socially and culturally”.* *The future of post-Brexit rights of the three million EU workers currently residing in the UK remains unresolved - and is expected to be a key battleground between the UK and EU in the upcoming Brexit Divorce Bill talks.* ## The Impact of the Brexit Divorce Bill The [EU](http://www.independent.co.uk/voices/brexit-eu-europe-breakthrough-theresa-may-divorce-bill-david-davis-what-it-really-means-a7880741.html) has not officially requested for a sum of money but does state that the UK must honour its share of the financing of all the obligations undertaken while it was a member. It is clear that based on comments by Michel Barnier, the EU’s Chief Negotiator on Brexit, it was originally reported in November 2016 that the EU was seeking a Brexit Divorce Bill of €60 billion, although most recently the Brexit Divorce Bill was speculated to be at €55-75 billion, based on a €91-€113 billion gross figure. The EU also plans to push for its workers in the UK to enjoy the full range of rights and privileges currently enjoyed by them. The EU rules would also apply to the extended family members of EU workers who travel to the UK after the Brexit Divorce Bill is finalised and the UK is permanently exited from its membership with the EU. ## Brexit Divorce Bill: Business and Employment Rights and Immigration Residency Status Pre-Brexit and Post-Brexit Despite political and economic uncertainties, UK ranks as the most desirable place to work ahead of the US, Canada and Australia. The Confederation of the British Industry has said: > *“Workers from across Europe strengthen our businesses and help our public services run more smoothly – any new migration system should protect these benefits”.* ### Pre-Brexit There has been no change to the right and status of EU nationals in the UK, so for the present purpose EU nationals can continue to apply under the EU Regulations for Business and Employment rights and immigration residency status in the UK. ### Post-Brexit It seems more than likely that the Business and Employment rights and immigration residency status under the EU Regulations will be repealed and replaced by new provisions incorporated within the UK Immigration Rules. The UK already has in place a Points Based System mechanism for Business and Employment immigration visa applications in place, but it currently excludes EU nationals; however Post-Brexit Divorce Bill, the Home Office may implement a new paragraph to cater for applications made by EU nationals under the [Tier 1 Investor](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/), [Tier 1 Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/) or [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) visa routes. For now, the future of EU nationals for purposes of carrying on Business and Employment in the UK is yet to be seen, but there are arrangements to make in the meantime to help protect the immigration residency status of EU nationals in the UK. ## Permanent Residence, Settlement Visa and British Citizenship following the Brexit Divorce Bill Currently, if you are able to show residence in the UK continuously for more than 5 years, you are eligible as EU national to apply for Permanent Residence status and subsequently British Citizenship. This may also be subject to change Post-Brexit Divorce Bill, whereby all [Permanent Residence](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) applications are likely to be incorporated into the Immigration Rules as applications for Indefinite Leave to Remain in the UK. Following grant of Indefinite Leave to Remain, EU nationals will no longer be able to apply immediately for British Citizenship if they have remained the UK under the EU Regulations for a period of 6 years or more, but instead would need to wait for a period of 1 year following the grant of Indefinite Leave to Remain, before they can apply for British Citizenship. Further, if your residence in the UK is shorter than requisite 5 years period, you can currently as an EU national apply for a Registration Certificate which proves your right to reside and exercise your Treaty rights in the UK. This may also be subject to change Post-Brexit Divorce Bill, whereby EU Registration Certificates will no longer be recognised in the UK and EU Nationals would need to apply in the UK for a right to reside and exercise Treaty rights in the UK under the Immigration Rules. Please note that should you obtain an EU Registration Certificate prior to Brexit being concluded, you would still need to apply to convert your Registration Certificate under the Immigration Rules, but this process would be a lot easier than if you never held an EU Registration Certificate and were instead applying afresh under the Immigration Rules. ## Using Legal Representation to Apply for EU Residence Visa following the Brexit Divorce Bill Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an EU Residence Visa application for you following the Brexit Divorce Bill is finalised. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your EU Residence Visa application meets the Immigration Rules. ## Successful application for EU Residence Visa following the Brexit Divorce Bill  Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/).   --- # The Right to Recover Immigration Appeal Costs Source: https://immigrationandvisasolicitors.co.uk/immigration-appeal-costs/ *Until recently the First-tier Tribunal was unable to award costs. Following on from 20th October 2014, the Immigration Tribunal Procedure Rules 2014 came into operation, enabling the Tribunal to exercise its power of Rule 9 (on its own; it doesn’t  require to make an application) to grant Immigration Appeal Costs. By the statutory definition, these are the costs incurred by a party as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative **OR** costs incurred by a party which the Tribunal considers it unreasonable to expect that party to pay. In addition to the Tribunal Procedure Rules 2014, the Cancino judgement has provided further **guidance on the meaning of unreasonable conduct and has provided emphasis on the jurisdiction to make a *wasted costs order. ## What is the Immigration Appeal Costs? Following the introduction of the Immigration Tribunal Procedure Rules in October 2014 and the subsequent Cancino judgement, Appellants may now be able to make an application to recover their Immigration Appeal Costs. ## Procedure for applying for Immigration Appeal Costs The mechanisms for applying for Immigration Appeal Costs is either an oral application at a hearing or a written application has to be made. An Immigration Appeal Costs application can be made at any time during the proceedings but **must** **be within 28 days **after the Tribunal has sent its decision notice. An order for Immigration Appeal Costs against the “paying person” will not be made without first giving that person an opportunity to make representations. In cases, where the First-tier Tribunal is contemplating awarding Immigration Appeal Costs, being either a fee award which is the most common award (limited to the appeal fee only) and/or an award of wasted costs under Rule 9 the [Immigration Tribunal Procedure Rules](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/701695/Consolidated_Tribunal_Procedure__FTT___Immigration_and_Asylum_Chamber__Rules_2014.pdf), the Judge must exercise discretion; accordingly, attempts to introduce comparisons with other cases will be discouraged. The qualifying condition for an Immigration Appeal Costs application is an unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such representative. In short, the condition is that a person has acted unreasonably in bringing, defending or conducting proceedings. ## Immigration Appeal Costs Awarding Powers ### Wasted costs The most recent case of Cancino (costs – First-tier Tribunal – new powers) [2015] emphasises, the jurisdiction to make a wasted costs order is directed to the representatives of a party: -  Has the legal representative of whom the complaint is made acted improperly, unreasonably or negligently? -  If so, did such conduct cause the applicant to incur unnecessary costs? - If so, is it in all the circumstances of the case just to order the legal representative to compensate the applicant for the whole or any part of the relevant costs? There must be a causal link between the conduct complained of and the wasted costs claimed. ### Unreasonable costs This point emphasises an order for unreasonable costs made against a party. The questions to be asked, according to the *Cancino *judgement* of * are: - * Has the appellant acted unreasonably in bringing an appeal?* - * Has the appellant acted unreasonably in his conduct of the appeal?* - *Has the respondent acted unreasonably in defending the appeal? and* - *Has the respondent acted unreasonably in conducting its defence of the appeal?* The Tribunal will embrace the whole of the proceedings period, which begins on the date when an appeal comes into existence and ends when the appeal is finally determined in the Tribunal by question, as well as all the aspects of the Appellant’s conduct in pursuing the appeal and all aspects of the Respondent’s conduct in defending it. It is worth noting that the exercise of the power to make an Immigration Appeal Costs order under the Rule 9 of the 2014 Rules is reserved for the clearest cases. For the full judgement on Cancino (Immigration Appeal Costs) and a full copy of the Immigration Tribunal Procedural Rules, please find them here: [Cancino (costs – First-tier Tribunal – new powers) Immigration Appeal Costs LEXVISA Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/08/Cancino-costs-–-First-tier-Tribunal-–-new-powers-Immigration-Appeal-Costs-LEXVISA-Solicitors-and-Barristers.pdf) and [Immigration Appeal Costs Immigration Tribunal Procedure Rules LEXVISA Solicitors and Barristers.](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/08/Immigration-Appeal-Costs-Immigration-Tribunal-Procedure-Rules-LEXVISA-Solicitors-and-Barristers.pdf) ## Quantum Assessment of Immigration Appeal Costs Where the Applicant is able to demonstrate a measurable amount of Immigration Appeal Costs have been incurred, as a result of the offending act or omission of the party or representative concerned, the whole amount should be awarded, although there may be cases where the order will specify a lesser sum of 50 to 70 percent. There are three possible measurements of the Immigration Appeal Costs to be paid: (a) summary assessment by the Tribunal; (b) agreement; and (c) a detailed assessment, which involves applying to the County Court. A Summary assessment may be preferable for seeking Immigration Appeal Costs as it is a far less involved than attempting to reach an agreement or making submissions for a detailed assessment. However, this will require a prepared schedule of immigration appeal costs incurred and a notice period to the “paying person” to allow reasonable time to make representations. The Tribunal’s ruling must identify clearly the nature, timing and duration of the offending conduct, as well as the parties, must help the Tribunal to further the overriding objective and co-operate with the Tribunal generally. The First-tier Tribunal may be expected to make a fee award in favor of a successful appellant. ## Using Legal Representation to apply for Immigration Appeal Costs Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an application for you. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for Immigration Appeal Costs Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # UK Visa Success Story: Entry Clearance Fiancee Visa granted Source: https://immigrationandvisasolicitors.co.uk/story-entry-clearance-fiancee-visa-granted/ *Our solicitors recently received wonderful news that a client (the Applicant) had been granted an Entry Clearance [Fiancee Visa](https://immigrationandvisasolicitors.co.uk/uk-fiance-marriage-visa/) into the UK as the Fiancée of a British citizen who is present and settled in the UK. In our initial consultation with the Applicant, we discovered the client’s circumstances and facts surrounding her application. Our solicitors knew from the onset that this was going to be a difficult application as the Applicant had an adverse immigration history and were instructed that the Applicant wished to submit her application as soon as possible as she had already started her wedding preparations. However, with the assistance of our experienced Immigration team, the Applicant’s Entry Clearance Fiancée Visa was granted.  * ## The Case for an Entry Clearance Fiancee Visa Application The Applicant was a Russian national residing in Moscow, Russia. The Applicant met the Sponsor through work related commitments and started dating shortly after. Over the course of their relationship, the couple had regularly visited each other spent memorable time together. After several months of dating, the Applicant and Sponsor decided to get married and both agreed that they would like to celebrate their [marriage in the UK](https://www.gov.uk/marriages-civil-partnerships/foreign-national). Our solicitors were able to identify the issues involved in the Applicant’s case and informed her how our immigration team can assist in submitting a successful application. The Applicant instructed us to prepare and assist with the submission of her application. Our solicitors knew from the onset that this would be a difficult application as the Applicant wanted to submit her application within a short space of time. The Applicant had already started her wedding preparations. The difficulty with this application was that the Applicant had previously applied for an Entry Clearance [Fiancée visa](https://immigrationandvisasolicitors.co.uk/uk-fiance-marriage-visa/) and her application was refused on the basis that she did not meet the requirements. ## Overcoming Previous Refusals when Submitting an Entry Clearance Fiancee Visa Application ### Previous Refusals in this case: In this particular case, the Home Office had refused the *Entry Clearance [Fiancee Visa](https://immigrationandvisasolicitors.co.uk/uk-fiance-marriage-visa/)* application as the Home Office was not satisfied that the Immigration Rules had been fulfilled. The Applicant was assured that she met the requirements and appealed the decision to the First Tier Tribunal (FTT). The Applicant’s appeal was dismissed at the FTT leaving her distraught. It is important to seek legal advice before submitting an appeal to the FTT as this is a lengthy process and only appeals with good prospects of success should be submitted.  In our experience, it may be more appropriate to submit a fresh application with [specialist legal advice](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) from our [Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/). ### Overcoming Previous Refusals: In order to give the Applicant’s *Entry Clearance [Fiancee Visa](https://immigrationandvisasolicitors.co.uk/uk-fiance-marriage-visa/)* the best chance of success, our solicitors prepared a bespoke documents list for the client to collect documents in the support of her application.  Once the Applicant had gathered all her documents, our team of [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) also provided multiple substantial reviews of her documents to ensure that Applicant submits the correct documentary evidence which meets the Home Office’s requirements. Our [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) successfully prepared outstanding legal representations which focused on how the Sponsor satisfied the [minimum income requirement](https://web.archive.org/web/20170223131348/https://immigrationandvisasolicitors.co.uk/supreme-court-ruling-mm-majid-javed/) of £18,600, as the Applicant’s previous application was lacking clarity in this area. ## All You Need to Know About the Entry Clearance Fiancee Visa The purpose of the *Entry Clearance Fiancee Visa* is to allow non-EEA migrants to enter the UK to marry their partners who hold British Citizenship or Settled Status.  Applicants who are granted the Fiancee Visa will be given Entry Clearance to the UK for a period of up to 6 months in which they must get married and then apply for a Spouse Visa using the FLR (M) application form. This application can be made within the UK. The Spouse Visa enables Applicant's to work in the UK and will be granted for a period of 30 months. Applicants must satisfy the following requirements: - Both you and your Fiance must be at least 18 years of age and must have met in person; - Your relationship must be genuine and subsisting; - You must intend on getting married in the UK and then permanently live in the UK; and - You must provide sufficient evidence showing you meet the financial, accommodation and English language requirement. It is imperative you submit a properly prepared Entry Clearance Fiance Visa application because, in the vast majority of cases, Applicants usually are well underway with their wedding preparations at the time of submitting their application. Delays in the visa process could disrupt wedding arrangements and cause a great amount of stress to Applicants. ## Using Legal Representation to Submit an Entry Clearance Fiancee Visa Application Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an *Entry Clearance [Fiancee Visa](https://immigrationandvisasolicitors.co.uk/uk-fiance-marriage-visa/)*. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for an Entry Clearance Fiancee Visa Application Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an *Entry Clearance [Fiancee Visa](https://immigrationandvisasolicitors.co.uk/uk-fiance-marriage-visa/)* application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an *Entry Clearance [Fiancee Visa](https://immigrationandvisasolicitors.co.uk/uk-fiance-marriage-visa/)* application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an *Entry Clearance [Fiancee Visa](https://immigrationandvisasolicitors.co.uk/uk-fiance-marriage-visa/)* application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # LEXVISA Weekly Immigration Update 11 August 2017 Source: https://immigrationandvisasolicitors.co.uk/lexvisa-uk-immigration/ *It is important to understand the Pros and Cons of a UK Immigration Asylum Appeal and whether or not this is the best option for you. The Brexit Divorce Bill has been heavily discussed in the news recently, as the uncertainty for EU workers in the UK and the businesses who employ them is forever growing, with little reassurance from the UK Government. We also provided a guidance relating to UK Immigration Appeal Costs and how and when it is appropriate to claim them. LEXVISA is also delighted to announce the success of an Entry Clearance Fiancee Visa application that we prepared and submitted, despite several complexities of the case.   * ## 1.UK Immigration Asylum Appeal: The Pros and Cons An Immigration Asylum Appeal is made to the Upper Tribunal and Applications are given either an in country right of appeal or an out of country right of appeal. This can however be a lengthy process, and it currently takes the Home Office approximately 44 weeks to determine an outcome of an Immigration Asylum Appeal. In addition to the significant time costs, Immigration Asylum Appeals can also come at a great monetary expense. The main benefit of making an Immigration Asylum Appeal is to overturn the Home Office decision and ensure that it give you no adverse immigration history , however it is important to note that no new evidence may be submitted during an Immigration Asylum Appeal and in some circumstances it may be more appropriate to make a fresh application. Therefore it is essential to seek professional legal advice from our specialist immigration solicitors when considering your immigration options. ## 2.Despite the Brexit Divorce Bill, is it Business as Usual in the UK? Brexit negotiations are in full swing and Home Secretary Amber Rudd has recently stated *“we will ensure we continue to attract those who benefit us economically, socially and culturally”. *Understandably this has caused a great deal of uncertainty with regard to EEA workers in the UK. The UK ranks as the most desirable place to work in the world, ahead of the US, Canada and Australia. The EU wants to ensure that EEA nationals in the UK can continue to enjoy the full range of rights and privileges that they are currently entitled to. Post-Brexit, it is likely that EEA workers looking to come to the UK will be subject to a Points Based model, similar to that for non-EU migrants. Moreover, any EEA national who is able to demonstrate 5 years continuous residence in the UK is able to apply for Permanent Residence. Alternatively, if an EEA national has less than 5 years continuous residence, they can apply for a Registration Certificate which proves the right to reside and exercise Treaty Rights in the UK. However, this may change as a result of the Brexit Divorce Bill. ## 3.The Right to Recover Immigration Appeal Costs Until 20 October 2014, the First Tier Tribunal (FtT) was unable to award costs, however since the introduction of the [Immigration Tribunal Procedure Rules 2014](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/701695/Consolidated_Tribunal_Procedure__FTT___Immigration_and_Asylum_Chamber__Rules_2014.pdf), the FtT is able to exercise its power of Rule 9 and grant Immigration Appeal Costs. Either a fee award or wasted costs may be awarded by the FtT. The subsequent Cancino judgement emphasises that the jurisdiction to make a wasted costs order is directed to: -  Has the legal representative of whom the complaint is made acted improperly, unreasonably or negligently? -  If so, did such conduct cause the applicant to incur unnecessary costs? - If so, is it in all the circumstances of the case just to order the legal representative to compensate the applicant for the whole or any part of the relevant costs? You can apply for an Immigration Appeal Cost by way of an oral application at the hearing, or you can submit a written application. This can be made at any time during the proceedings, but must be 28 days after the Tribunal has sent its decision. ## 4.UK Visa Success Story: Entry Clearance Fiancee Visa Granted A [Fiancee Visa](https://immigrationandvisasolicitors.co.uk/uk-fiance-marriage-visa/) allows non-EEA migrants to enter the UK in order to marry their partner who is a British citizen, present and settled in the UK. Applicants who are granted the Fiancee Visa will be granted 6 months Entry Clearance to the UK, during this time they must get married. Following this, the Applicant must then apply for a [Spouse Visa](https://web.archive.org/web/20170116000810/https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/), which may be made from within the UK. Our Solicitors faced a number of challenges with this case as the client had a previous refusal and a dismissed appeal. The client also gave us a short time frame as she had already begun preparations for her wedding. However, our Immigration Team worked meticulously and efficiently to create a strong application, which resulted in the Entry Clearance Fiancee Visa being granted. ## Using Legal Representation to Submit a UK Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a UK Visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the UK Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Submit a UK Visa Application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Immigration & Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a UK Immigration & Visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration & Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # The Digital Age in the Handling of Immigration Visa Applications & Appeals Source: https://immigrationandvisasolicitors.co.uk/immigration-visa-applications-appeals/ *The UK’s Home Office has announced a *£9*1 million tender for the proposed digitisation of Immigration Visa Applications for visa extensions, settlement and British nationality. These include services such as identity check, capturing of biometrics and the digitisation of supporting evidence. Similarly, the Her Majesty's Courts and Tribunal Service (HMCTS) has proposed the digitisation of Immigration Visa Applications & Appeals by the introduction of a ‘virtual court room’ for Immigration Visa Applications & Appeals cases. A trial run of a virtual court room is set to commence from October 2017. Given the proposed digitisation of Immigration Visa Applications & Appeals, it is important that you understand the new approach to dealing with Immigration Visa Applications & Appeals and using the correct method to avoid Immigration Visa Applications & Appeals being rendered invalid.* ## Digitisation of the Immigration Visa Applications & Appeals process The UK Home Office has proposed a £91 million tender to a digital service provider for the digitisation of the services offered in making Immigration Visa Applications & Appeals. The proposed tender is for an initial three years period with an option for the Home Office to extend the deal for an additional two years. The services in making Immigration Visa Applications & Appeals that will be digitised include: - Identity checks; - Capture of biometrics; and - Digitisation of supporting evidence. The purpose for the proposed digitisation is to ensure the secure submission of all data to the Home Office, acting through UK Visas and Immigration (UKVI). UKVI says its ambition is to create a: > *“streamlined, digitised and accessible application service, whilst offering a choice for customers in how they experience that service and facilitate opportunities to generate revenue that align with customer demand”. * In our view, the digitisation of the Immigration Visa Applications & Appeals process is a positive sign that Immigration Visa Applications & Appeals will be dealt with efficiently and at proportionate cost. The Home Office and the UKVI often mishandle large quality of hard copy documents sent to them and/or overlook such hard copy documents, with applicants often arguing that such documents were sent and the Home Office had wrongly refused their application. The digitisation of document transmission would ensure transparency between the documents sent to the Home Office by applicants and the consideration of those documents during the Immigration Visa Applications & Appeals process. Such transmission would ensure that the applicants will receive a digital receipt of all documents they had sent with the application. ## Virtual Hearings of Immigration Visa Applications & Appeals The [HMCTS](https://insidehmcts.blog.gov.uk/2017/08/10/how-remote-working-will-give-users-and-courts-greater-flexibility/) has proposed to introduce the concept of a 'virtual court room' in an effort to reduce inconvenience and costs to the applicants of Immigration Visa Applications & Appeals. Such a concept is aimed at providing greater access and flexibility to the services; which include giving evidence by video-link and/or telephone conferencing and are being expanded to provide remote access into the physical court rooms or even into new design of a ‘virtual court room’. Such services are already available and used in the Civil and Criminal courts and are now being proposed to be used in Immigration Tribunals. It is unclear at this stage whether all applicants of Immigration Visa Applications & Appeals will have access to opt for a virtual hearing as presently the technology is accessible to be sued by victims and vulnerable people  who would find it difficult to appear physically in court. In Immigration Tribunals, such services may be limited to extremely vulnerable asylum seekers, unaccompanied minors and/or victims of domestic abuse. Currently the judiciary is working with partners from Microsoft to build a prototype for the setting up of a virtual hearing of Immigration Visa Applications & Appeals and it will be available on a trial process from October 2017 in the Immigration Tribunals if deemed suitable by Judges, HMCTS staff, legal professionals and Home Office Presenting Officers. ## Adapting to the Digitisation of Immigration Visa Applications & Appeals It is important to understand and implement the new digital approach to handling Immigration Visa Applications & Appeals as it will ensure that the Immigration Visa Applications & Appeals will be dealt with quicker than the present and [numerous delays by the Home Office](https://immigrationandvisasolicitors.co.uk/home-office-delays/) in dealing with applications and without the opportunity to receive status updates on the progress of Immigration Visa Applications & Appeals. Our Solicitors and Barristers are trained and well-acquainted with the submission of Immigration  Visa Applications & Appeals using the new digital approach when it is available and can ensure that the Immigration Visa Applications & Appeal are submitted accurately and efficiently with quick and successful decisions. While adapting to the new digitised Immigration Visa Applications & Appeals process will be a challenge, our Solicitors and Barristers finds themselves a step ahead of the Digital Age, pushing to provide a more streamline service for our clients. ## Using Legal Representation to Apply for Immigration Visa Applications & Appeals Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit Immigration Visa Applications & Appeals. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for Immigration Visa Applications & Appeals Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Academic Visitor Visa and Permitted Paid Engagement Visitor Visa Source: https://immigrationandvisasolicitors.co.uk/academic-visitor-visa-ppe-visitor-visa/ *An Academic Visitor Visa and a Permitted Paid Engagement (PPE) Visitor Visa are two routes under the [Standard Visitor Visa](https://web.archive.org/web/20190319122442/https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/) to the UK category. Whilst an Academic Visitor Visa and a PPE Visitor Visa may appeal to the same group of people; those who are highly qualified within their field of expertise, there are several differences between the two Visitor Visa applications and it is important to understand the requirements for each Visitor Visa before applying. Our specialist Immigration Solicitors are highly knowledgeable of the UK Visa and Immigration rules and are qualified to advise you on which Visitor Visa application to make if you are an academic looking to visit the UK.    * ## What is an Academic Visitor Visa? An Academic Visitor Visa is available to individuals who are highly qualified in their field of expertise and who are currently working in that field at an overseas academic institution of higher education. An Academic Visitor Visa allows non-EEA nationals to visit the UK for a period of 12 months to undertake certain activities. ### Permitted activities on an Academic Visitor Visa Those applying for an Academic Visitor Visa may partake in the following: - Carrying out research tasks for their own purposes if they are on sabbatical leave; - Take part in formal exchange arrangements with UK counter parts; - Hold informal discussions to share knowledge or expertise; - Take part in a single seminar or conference that is not a commercial venture; and - Renowned senior doctors or dentists may take part in any research, clinical or teaching practice. ### Prohibited activities on an Academic Visitor Visa It is important to be aware of the restrictions of an Academic Visitor Visa, which include: - Being able to receive funding for their work whilst they are in the UK; - Engaging in any other work other than the academic activity which they have entered to the UK for; - Filling a genuine post or vacancy; - Must be able to maintain themselves and any dependents, without recourse to public funds, this includes being adequately maintained and accommodated whilst in the UK; and - Must be able to meet the costs of the return or onward journey from the UK. Academic Visitor Visa Applicants must be aware that they will not qualify for an Academic Visitor Visa if they are a lecturer who will receive a normal fee for their work. In these circumstances Applicants will need to apply under [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) of the Points Based System. ## What is a PPE Visitor Visa? [PPE Visitor Visa](https://www.gov.uk/permitted-paid-engagement-visa/overview) Applicants are experts in their field who are able to visit the UK for up to 1 month, if they have been invited to the UK as an expert in their profession. Academics may apply for a PPE Visitor Visa in order to give lectures in their subject area, similar to those who may apply for an Academic Visitor Visa, and are prohibited from the following: - Filling a genuine post or vacancy; - Being a burden on the state (no recourse to public funds); - Must be adequately maintained and accommodated whilst in the UK; and - Must be able to meet the costs of the return or onward journey from the UK. ## Who Else Can Apply for a PPE Visitor Visa? PPE Visitor Visa applications also extend to other areas of expertise outside of academics, for instance: - Qualified lawyers; who may visit the UK to provide advocacy for a court or tribunal hearing; - Professional artists, entertainers, musicians; who have been invited by a creative organisation in the UK to carry out an activity directly related to their profession by performing in a show or exhibition; and - A sports person; who may visit the UK at the invitation of a sports organisation, agent or broadcaster in the UK to take part in a sporting event. Understanding the UK’s complex Visa and Immigration rules can be daunting, which is why it is crucial to seek advice from our specialist immigration team before submitting either an Academic Visitor Visa or a PPE Visitor Visa. ## Using Legal Representation to Apply for an Academic Visitor Visa or PPE Visitor Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an Academic Visitor Visa or PPE Visitor Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Academic Visitor Visa and PPE Visitor Visa Applications Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # LEXVISA Weekly Immigration Update 15 September 2017 Source: https://immigrationandvisasolicitors.co.uk/lexvisa-weekly-update-visa-application/ *This week, LEXVISA highlighted some important concerns which had been raised in a Home Office Report which was published in July 2017, regarding the Good Character Requirement in a British Nationality Application for both adults and minors. We also outlined the Visitor Visa route for Chinese nationals under the China ADS Agreement and the imminent introduction of the Right to Bank Check as another way for the Home Office to prevent illegal immigration in the UK. We are also pleased to announce the recent success of an Entry Clearance Spouse Visa application for one of our clients. * ## 1.Immigration Update: The Good Character Requirement in a British Nationality Application The Home Office has the discretionary power to determine a British Nationality Application on the basis of the Good Character Requirement, which is set out in section 41A of the [British Nationality Act 1981](http://www.legislation.gov.uk/ukpga/1981/61). The burden is on the Applicant to establish the Good Character Requirement in a British Nationality Application. All those who make a British Nationality Application must disclose all criminal convictions within and outside the UK, or else they may be found guilty and have their British Nationality Application refused on deception grounds. A revised and updated guidance on the Good Character Requirement for minors in a British Nationality Application is due to be released in December 2017 in order to reflect the promotion of children’s interests as a primary consideration. ## 2.Visitor Visa for Chinese Nationals under the China ADS Agreement Under the China ADS Agreement, Chinese nationals are permitted to visit the UK for up to a period of 30 days, as part of a tourist group with a minimum of 5 people and led by a Tour Guide authorised by the Chinese National Tourism Administration or any other accredited organisation by the British Embassy in China. To qualify for a UK visitor visa under the China ADS Agreement, you must be a national of the People’s Republic of China and intend to enter, leave and travel within the UK as a member of a tourist group under the China ADS Agreement without recourse to public funds. Further permitted and prohibited activities are part of the [Standard Visitor Visa](https://web.archive.org/web/20190319122442/https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/) guidance. ## 3.Illegal Immigrants in the UK Have No Right to Bank Account under the Right to Bank Check Further to the stringent [Right to Work Check](https://immigrationandvisasolicitors.co.uk/hr-advice-right-to-work-checks-penalties-ukvi-business-immigration/) and [Right to Rent Check](https://immigrationandvisasolicitors.co.uk/right-to-rent-scheme-uk-landlords/), the Home Office has introduced the new Right to Bank Check which will come into force in the UK on 30 October 2017 and carried out by banks and building societies from 1 January 2018. Banks and Building Societies will have a duty to inform the Home Office if a Right to Bank Check finds that an existing customer does not have valid immigration status in the UK. The Home Office is also actively working with the DVLA to revoke driving licences of drivers who do not have valid immigration status in the UK. Since this cooperation began in 2014, over 25,000 UK driving licences have been revoked which demonstrates its success and the Home Office’s crack down on illegal foreign nationals being present in the UK. ## 4.UK Visa Success Story: Entry Clearance Spouse Visa Granted We received the wonderful news that our client, who previously made an unsuccessful [Fiance Visa](https://immigrationandvisasolicitors.co.uk/uk-fiance-marriage-visa/) applicant due to not meeting the requirements under the Immigration Rules, was successful with her [Spouse Visa](https://web.archive.org/web/20170116000810/https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) application which we carefully and thoroughly prepared. It is important that Applicants applying for a Spouse Visa are aware of the [Minimum Financial Requirement](https://immigrationandvisasolicitors.co.uk/minimum-income-requirement/), but also recent updated Home Office Policy Guidance which introduces a new [Unjustifiably Harsh Consequences Test for Entry Clearance Spouse Visa and Family Member Visa applications](https://immigrationandvisasolicitors.co.uk/unjustifiably-harsh-consequences-test/) which takes into account alternative sources of income. Spouse Visa Applicants must also satisfy the Home Office’s genuineness, credibility and reliability of the source of income, financial support or other funds being relied upon on the evidence and information that has been provided. ## Using Legal Representation to Submit a UK Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with making a UK Visa application. Our solicitors and Barristers will help you comply with the UK Home Office requirements and meet the UK Immigration Rules. Caseworkers at the UK Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Submit a UK Visa Application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Immigration & Visa application before your application even reaches the UK Home Office Visa & Immigration department. We can assist you with the preparation and submission of a UK Immigration & Visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration & Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). ### Share this: --- # Success Story: Successful Administrative Review Application Source: https://immigrationandvisasolicitors.co.uk/administrative-review-application/ *Our Immigration Solicitors and Barristers recently received the brilliant news that a client’s (the Applicant) [Administrative Review](https://web.archive.org/web/20161222012925/https://immigrationandvisasolicitors.co.uk/administrative-review-uk-home-office/) application had been successful.  In our initial consultation with the Applicant, we discovered the client’s circumstances and facts surrounding his Administrative Review application. Our solicitors knew from the onset that this was going to be a difficult Administrative Review application as the Applicant had breached some of the conditions of his **ECAA Turkish Businessperson** Visa. However, it was also clear that the Home Office failed to exercise its evidential flexibility policy provided under the paragraph 245AA of the Immigration Rules. After consulting our Immigration Solicitors and Barristers, the Applicant decided to instruct us with the **Administrative Review application. * ## The Case for an Administrative Review Application The Applicant was a Turkish national residing and working in the UK on the ECAA Turkish Businessperson Visa. Prior to his ECAA Turkish Businessperson Visa the Applicant had studied in the UK on a Tier 4 Student visa and had no previous adverse immigration history. The Applicant’s application to extend his Leave to Remain in the under the ECAA Turkish Businessperson Visa was refused on the basis that he had breached his visa conditions by undertaking employment, which he was not permitted to do on an ECAA Turkish Businessperson Visa. However, our Immigration Solicitors and Barristers identified case working errors in the Home Office's decision to refuse the Applicant's application for an extension of his ECAA Turkish Businessperson Visa. As a result, our Immigration Solicitors and Barristers applied for Administrative Review of the Home Office's decision based on the case working errors identified and received the good news that the Applicant's [Administrative Review](https://web.archive.org/web/20161222012925/https://immigrationandvisasolicitors.co.uk/administrative-review-uk-home-office/) was successful and the Home Office's decision was overturned. ## Should I Make an Administrative Review Application? The common misconception about the [Administrative Review](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/618626/admin_review_guidance_v8_0.pdf) application is that this internal appeal mechanism can be used to challenge any Home Office decision. However, a right of Administrative Review is allowed for qualified Home Office decisions, which mainly include Points Based System applications.  The purpose of the Administrative Review application is to challenge a Home Office decision where they have been a single or series of case working errors made by the Home Office Decisionmaker. It is very important to note that, save for very limited circumstances, Applicants cannot rely on new evidence in an Administrative Review application and that it can only be considered with the evidence that was before the Home Office Decisionmaker at the time the Home Office made their decision. It not uncommon for Applicants to confuse an Administrative Review application with an appeal application, where Applicants are able to rely on new evidence. ## Who has the right to apply for an Administrative Review Application? The first step in submitting an Administrative Review application is to determine whether you have an “eligible decision” An eligible decision is one which is made on an out-of-country Tier 4 Application or in-country Points Based System application such as Tier 1 Entrepreneur, Tier 1 Investor, Tier 2 and Tier 5 applications.  In addition to this, in-country applications made on or after 6 April 2017 are also eligible decisions. Applicants may submit an Administrative Review application where: - The Applicant suspects that the decision is based on a significant case working errors which has had a huge impact on the original decision; - The case working errors have an unfair impact on an Applicant’s future applications. An example of this is where the Home Office allege that forged documents were submitted with a UK Visas and Immigration application or false representations were made. The alleged claim could potentially have a huge impact on future applications if not their rebutted. Where a Home Office decision is not eligible for an Administrative Review application, Applicants may wish to consider a possible [Immigration Judicial Review Claim](https://immigrationandvisasolicitors.co.uk/immigration-judicial-review/). However, it is important that Applicants take detailed advice from expert Immigration Solicitors and Barristers before commencing an Immigration Judicial Review Claim as there can be severe costs consequences for bringing an improper Immigration Judicial Review Claim. ## Outcomes of a Successful Administrative Review Application The benefit of submitting an Administrative Review application is that it will overturn an incorrect Home Office decision. The Administrative Review is carried out by a Senior Caseworker of the Home Office who is on an independent team, so if there has been a case working error it will be identified immediately and the decision will be overturned. Applicants who apply for an Administrative Review application will continue to have Immigration Leave as long as their initial application was submitted within the expiry of their last valid leave to remain in the UK.  It is important to note that Applicants who apply for an Administrative Review cannot make a fresh application at the same time. ## Using Legal Representation to Submit an Administrative Review Application Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an Administrative Review application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules for an [Administrative Review](https://immigrationandvisasolicitors.co.uk/successful-case-study-administrative-review-of-decision-to-refuse-tier-1-entrepreneur-entry-clearance/) application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your Administrative Review application meets the Immigration Rules. ## Successfully Apply for an Administrative Review Application Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an [Administrative Review](https://immigrationandvisasolicitors.co.uk/successful-case-study-administrative-review-of-decision-to-refuse-tier-1-entrepreneur-entry-clearance/) application before your Administrative Review application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an Administrative Review application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an Administrative Review application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Deportation Order Appeal Case Update: Court of Appeal rules that the Public Interest in Deporting a Foreign National Criminal was not Outweighed under the New Integration Test Source: https://immigrationandvisasolicitors.co.uk/deportation-order-appeal-case/ *When appealing a Deportation Order, the new ‘Integration Test’ is applied in considering whether the Applicant would face “very significant obstacles” to his integration into the country of his removal from the UK. The recently heard case of AS v Secretary of State for the Home Department (“SSHD”) [2017] ECWA 1284 (“ Deportation Order Appeal Case ”) concluded that the public interest in the Applicant’s deportation was not outweighed on the basis that it was not accepted that the Applicant would face very significant obstacles to his integration back into Iran. The Court of Appeal in this case drew a distinction between the old defunct test in respect of loss of ties to the country of removal and the new applicable integration test in respect of whether there are very significant obstacles to the Applicant’s integration back into the country of removal. The Court of Appeal’s decision has shown that the new integration test is widely applied based on generic factors which makes challenging Deportation Orders complex and difficult.* ## Background to AS v SSHD - Deportation Order Appeal Case The Applicant is an Iranian national born on 4 October 1995, who first entered the UK at the age of 9 with his mother, on 24 February 2005. They were granted [Indefinite Leave to Remain](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) (“ILR”) under the [family reunion policy](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/541818/Family_reunion_guidance_v2.pdf) as his father had been granted ILR as a refugee in 2004. From 2009 to 2013, the Applicant was convicted on numerous offences from attempted robbery to possession of an offensive weapon. On 15 November 2013, the Secretary of State (“SoS”) decided that the Applicant should be deported from the UK and served a Deportation Order on him. The Applicant made representation challenging the [Deportation Order](https://web.archive.org/web/20190209143400/https://immigrationandvisasolicitors.co.uk/detention-bail-temporary-admission-immigration/uk-deportation-orders-removal-orders/) and the SoS decided that the public interest in the Applicant’s deportation from the UK was not outweighed by other factors which include interference with his private and family life in the UK and therefore not breach his Article 8 ECHR rights. The Applicant appealed to the First Tier Tribunal (“FtT”) and appeal was allowed in the Applicant’s favour. The SoS appealed to the Upper Tribunal (“UT”) and the UT found that the FtT had materially erred in law by applying the old rules addressing the lack or loss of ties to the country of removal as opposed to the new rules addressing the very significant obstacles to integration back to the country of removal. Consequently the decision was overturned and the Applicant’s appeal was dismissed. The Applicant appeal further to the Court of Appeal, who had made the last decision in *AS v SSHD *– Deportation Order Appeal Case. ## The Court of Appeal’s Decision in AS v SSHD - Deportation Order Appeal Case The Deportation Order Appeal  Case before the Court of Appeal was that, despite it being conceded by the Applicant’s representative that the FtT had in fact applied the wrong test, the Applicant’s representative argued that even on application of the correct test, the Applicant should still have succeeded as based on the facts and evidence it was immaterial which test was applied as it was clear that the fact that the Applicant had no ties to Iran meant that there would be very significant obstacles to his integration back to Iran. In drawing a distinction between the old rules on lack or loss of ties to country of removal and the new applicable test on whether there were very significant obstacles to the Applicant’s integration to country of removal, the Court of Appeal held in dismissing the Applicant’s appeal that the UT were correct in finding the material error of law by the FtT in applying the wrong test under the old rules and the UT was also correct in applying generic factors, such as being good health, capability of working, ability to speak the local language, ability to adapt to Iranian culture, intelligence, academic abilities and character; in determining that there were not very significant obstacles to the Applicant’s integration back to Iran. The Court of Appeal therefore found that the public interest in the Applicant’s deportation from the UK was not outweighed. ## What does the AS v SSHD case mean for a Deportation Order Appeal Case? The decision in *AS v SSHD *(Deportation Order Appeal case) has made it clear that challenging a [Deportation Order](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-13-deportation) is hugely complex and difficult and that in order to outweigh the public interest in preventing the deportation of an Applicant, a very through and detailed analysis would have to be undertaken as to the Applicant’s exceptional and very compelling circumstances and consideration of the generic public interest factors to be able to show to the appropriate standard that there are very significant obstacles to the Applicant’s integration to the country of removal (which is often the country of origin). Therefore, it is important to obtain specialist legal advice from our immigration solicitors and barristers before challenging a Deportation Order to ensure that your Deportation Order Appeal Case is prepared as strongly as possible and is successful. The Court of Appeal judgment can be accessed here: [AS v Secretary of State for the Home Department [2017] EWCA 1284 LEXVISA Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/09/AS-v-Secretary-of-State-for-the-Home-Department-2017-EWCA-1284-LEXVISA-Solicitors-and-Barristers-1.pdf) ## Using Legal Representation in a Deportation Order Appeal Case Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to challenge your deportation from the UK in a Deportation Order Appeal Case. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Deportation Order Appeal Case [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # LEXVISA Weekly Immigration Update 22 September 2017 Source: https://immigrationandvisasolicitors.co.uk/home-office-immigration/ *Applicants in exceptional circumstances may be eligible for the Home Office Fee Waiver, providing that they meet the eligibility requirements. We also recently received the wonderful news of a successful Administrative Review Application which we prepared and submitted for one of our clients, despite there being complexities in the case. In addition, we also discussed the decision of AS v Secretary of State for the Home Department - Deportation Order Appeal Case and the integration test in respect of any “very significant obstacles” to the Applicant’s integration into the country of which he is being deported to. It is important to seek specialist advice in order to understand the Home Office Immigration Rules.* ## 1.Applying to the Home Office for a Home Office Fee Waiver on UK Visas and Immigration Applications There are exceptional circumstances which mean that it is unlawful for the Secretary of State to charge a fee for [Human Rights applications ](https://immigrationandvisasolicitors.co.uk/human-rights/)where the Applicant cannot afford the Home Office application fee. Only Human Rights claims which fall into a small number of UK Visas and Immigration applications. Applicants will have to demonstrate that they satisfy at least one of the three [Home Office Fee Waiver Criteria](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/672083/fee-waiver-guidancev2_0.pdf) and the burden is on the Applicant to provide up to date documents in evidence of this. To confirm whether you qualify for the Home Office Fee Waiver, it is strongly recommended that you contact our specialist immigration team who can book you in for a consultation with our immigration solicitors and barristers who can guide you through the complex Home Office Immigration Rules. ## 2.Success Story: Successful Administrative Review Application Before instructing our firm, the Applicant had applied to extend his Leave to Remain in the UK under the EECA Turkish Business Person Visa. The application was refused on the basis that he had breached his visa conditions and therefore instructed us to prepare an Administrative Review Application. An Administrative Review Application can be made to challenge a Home Office decision on the basis of Home Office case working errors, and no new evidence may be submitted to support an [Administrative Review](https://web.archive.org/web/20161222012925/https://immigrationandvisasolicitors.co.uk/administrative-review-uk-home-office/) Application. It is not uncommon for Applicants to confuse an Administrative Review Application with an Appeal Application, which does allow for new evidence to be submitted. A Home Office decision needs to be deemed as ‘eligible’ in order for the Applicant to proceed with making an Administrative Review Application, and if this is not the case, then an [Immigration Judicial Review](https://immigrationandvisasolicitors.co.uk/immigration-judicial-review/) Claim may be sought as a last resort. ## 3.Deportation Order Appeal Case Update: Court of Appeal rules that the Public Interest in Deporting a Foreign National Criminal was not Outweighed under the New Integration Test In the case of *AS v SSHD *– Deportation Order Appeal Case, it was held that the Applicant’s deportation was not outweighed on the basis that it was not accepted that the Applicant would face “very significant obstacles” in his integration to his country of nationality. The main challenge in regard to the case of *AS v SSHD* was the application of the integration test and the Court of Appeal’s decision emphasised that the integration test under the new Home Office Immigration Rules is widely applied based on ‘generic’ factors. In drawing a distinction between the old rules on lack or loss of ties to the country of removal and the new applicable test on whether there were “very significant obstacles” to the Applicant’s integration to the country of removal. It is clear that challenging a [Deportation Order](https://web.archive.org/web/20190209143400/https://immigrationandvisasolicitors.co.uk/detention-bail-temporary-admission-immigration/uk-deportation-orders-removal-orders/) is hugely complex and difficult and that in order to outweigh the public interest in preventing the deportation of an Applicant, a detailed analysis needs to be made by our highly qualified Immigration lawyers. ## Using Legal Representation to Submit a UK Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with making a UK Visa application. Our solicitors and Barristers will help you comply with the UK Home Office Immigration Rules and requirements and meet the UK Immigration Rules. Caseworkers at the UK Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Home Office Immigration Rules. ## Successfully Submit a UK Visa Application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Immigration & Visa application before your application even reaches the UK Home Office Visa & Immigration department. We can assist you with the preparation and submission of a UK Immigration & Visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration & Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Does the Home Office’s Hostile Environment Policy justify their failure to uphold the Law? Source: https://immigrationandvisasolicitors.co.uk/hostile-environment-policy/ *The Home Office has developed a Hostile Environment Policy to make life very burdensome for current and new migrants who wish to remain or enter the UK unlawfully. The Home Office believes this can be achieved by limiting access to essential needs and services, for example, [the right to work](https://immigrationandvisasolicitors.co.uk/right-to-work-check-immigration-act-2016/), the right to rent, [the right to a driving licence](https://immigrationandvisasolicitors.co.uk/right-to-bank-check/), the right to a bank account and the right to medical healthcare. Through this Hostile Environment Policy approach, the Home Office’s aim is to put an unlawful migrant in a position with little option other than to either leave the UK or submit an immigration and visa application for lawful status in the UK. However, the Home Office has abused its power as a public interest body by applying the Hostile Environment Policy to not only lawful residents but also on vulnerable persons who the UK immigration law is designed to protect. A notable example is the Home Secretary deporting Samim Bigzad to Afghanistan defying both its own policy to protect him as an asylum seeker and legal court orders holding her in contempt of court.    * ## What is the Hostile Environment Policy? The Home Office has developed a Hostile Environment Policy to make life very burdensome for current and new migrants who wish to remain or enter the UK unlawfully. The Home Office believes this can be achieved by limiting access to essential needs and services, for example, the right to work, [the right to rent](https://web.archive.org/web/20170214075948/https://immigrationandvisasolicitors.co.uk/right-to-rent-eea-nationals/), the right to a driving licence, [the right to a bank account](https://immigrationandvisasolicitors.co.uk/right-to-bank-check/) and the [right to medical healthcare](https://immigrationandvisasolicitors.co.uk/right-to-bank-check/). Through this Hostile Environment Policy approach, the Home Office’s aim is to put an unlawful migrant in a position with little option other than to either leave the UK or submit an immigration and visa application for lawful status in the UK. ## Abuse of Power by the Home Office in exercising the Hostile Environment Policy The Home Office has abused its power as a public interest body by applying the Hostile Environment Policy to not only lawful residents but also on vulnerable persons who the UK immigration law is designed to protect. Notable examples of the Home Office’s abuse of power in applying the Hostile Environment Policy are: - The case of [Samim Bigzad](http://www.independent.co.uk/news/uk/home-news/samim-bigzad-amber-rudd-deport-afghanistan-contempt-high-court-home-office-kabul-pilot-plane-a7957451.html): an Afghan asylum seeker entered the UK to escape from the Taliban. The Home Office decided to deport him to Afghanistan. Once he arrived to Istanbul to get a plane to Kabul, 3 consecutive court orders were made in the UK preventing his removal from the UK. Despite these court orders, the Home Office ignored the court orders and proceeded to put him on a plane from Istanbul to Kabul. Due to these serious breaches of court orders, the Home Secretary may be held liable for contempt of court, which is punishable by imprisonment. - The case of [Haruko Tomioka](https://www.theguardian.com/uk-news/2017/sep/18/fighting-the-home-office-womans-traumatic-two-year-battle-to-stay-in-uk): a Japanese national living in the UK lawfully with her Polish husband (EU national) and children was a victim of the Hostile Environment Policy. The Home Office decided to deport her despite informing the Home Office staff on countless occasions that she is in the UK lawfully as a wife of an EU national. The Home Office ignored her and had her driving license revoked, child benefit stopped and threatened her with deportation. After two years of this nightmare, Haruko was informed by a member of the Home Office’s Returns Preparations Team that she was correct and that she will not be deported. These are some notorious examples of a clear abuse of power by the Home Office in applying the Hostile Environment Policy. Unreasonable delays on a migrant’s application are also an example of an abuse of power by the Home Office. It is important that a migrant in the UK is not subjected to unlawful and unfair treatment about their immigration status in the UK and is not subjected to such inappropriate exercise of the Home Office’s Hostile Environment Policy. If you feel that you are or have been treated unlawfully or unfairly by the Home Office or that your immigration and visa application has been excessively delayed, you should seek advice from our specialist immigration solicitors and barristers to ensure that your human rights and status in the UK is protected. ## How to challenge the Home Office’s unlawful and unfair exercise of the Hostile Environment Policy The Home Office can be challenged as to their exercise of the Hostile Environment Policy if their actions are either: (a) contrary to their own immigration policy and/or or the law; or (b) unreasonable and unfair so as to make any decisions they had made perverse. The Home Office, as a public body, has a public interest duty to ensure that it acts in an entirely fair and just manner and that any actions of the Home Office are proportionately exercised taking into account all the circumstances of the case and the migrant’s human rights. The common form of challenging the Home Office’s unlawful and unfair exercise of the Hostile Environment Policy is by [Judicial Review](https://immigrationandvisasolicitors.co.uk/immigration-judicial-review/). In addition to a [Judicial Review claim](https://immigrationandvisasolicitors.co.uk/successful-judicial-review-claim-2/), there are other very useful non-judicial methods of pressuring the Home Office to realise its mistakes and rectify their own wrongdoings. These are by: - Contacting your local MP to intervene and demand a response from the Home Office; - Starting a petition and acquiring a large number of signatories against the abuse of power by the Home Office in applying the Hostile Environment Policy; - Use of social media such as [Twitter](https://twitter.com/UKVisaSolicitor) and Facebook to see if there are other similar cases of abuse of power experienced by other persons at the hands of the Home Office in applying the Hostile Environment Policy; and - Speaking to journalists and leading newspaper companies whether they would be interested in writing a story about the abuse of power you have experienced at the hands of the Home Office in applying the Hostile Environment Policy; If the Home Office realise their mistakes and reverse their decision at an early stage, this would save the migrant significant costs and expense in pursuing the entire Judicial Review process to achieve a favourable outcome. Our immigration solicitors and barristers work to devise a successful strategy to ensure that a migrant achieves a favourable outcome at the lowest possible cost. If you feel that you are or have been treated unlawfully or unfairly by the Home Office or that your immigration and visa application has been excessively delayed, you should seek advice from our specialist immigration solicitors and barristers to ensure that your human rights and status in the UK is protected. ## Using Legal Representation to Challenge the Home Office’s unlawful exercise of the Hostile Environment Policy Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to challenge the Home Office’s unlawful exercise of the Hostile Environment Policy. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully challenging the Home Office’s unlawful exercise of the Hostile Environment Policy Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Successful Entry Clearance under the Turkish Businessperson Visa Source: https://immigrationandvisasolicitors.co.uk/turkish-businessperson-visa/ *Our solicitors and barristers recently received the wonderful news that a client (the Applicant) had been granted Entry Clearance to the UK under t[he Turkish Businessperson Visa](https://web.archive.org/web/20170114012951/https://immigrationandvisasolicitors.co.uk/turkish-business-person-visa-uk-ankara/). The Turkish Businessperson visa can be applied for by Turkish nationals who wish to apply for to start a new business in the UK or come to the UK to help run an established business in the UK. In our initial consultation with the Applicant, we discovered the client’s circumstances and facts surrounding his application and were instructed for the preparation and submission of a Turkish Businessperson Visa. * ## The case for an Entry Clearance under the Turkish Businessperson Visa The Applicant was a Turkish national residing and working in Turkey. The Applicant had previously made frequent trips to the UK under a Multiple Entry Visitor visas and had now wanted to set up a consultancy business in the UK. In our initial consultation with the Applicant, he had informed us that he had over 25 years of experience in the financial services sector. In addition to this, the Applicant had various academic qualifications in business. From the onset, our solicitors and barristers had advised the Applicant of the requirements of a Turkish Businessperson visa under the [Turkish EC Association Agreement 1973](https://web.archive.org/web/20170713071241/http://trade.ec.europa.eu:80/doclib/docs/2003/december/tradoc_115266.pdf) also referred to as the “Ankara Agreement”. The Applicant was informed that the Turkish Businessperson visa can be difficult to get success in if the correct specified and supporting documents are submitted with the application. However, our team of expert solicitors and barristers assured the Applicant that we could assist his Turkish Businessperson visa application and get a successful application and that our solicitors and barristers often assist clients in similar situations to his. The Applicant instructed us to prepare and assist with the submission of his application. ## How we can assist submit a successful Entry Clearance Entry Clearance Turkish Businessperson visa Our solicitors and Barristers successfully guided the Applicant through the Turkish Businessperson visa application process and prepared strong legal representations which focused on how the Applicant met the requirements under the [Turkish EC Association Agreement 1973](https://web.archive.org/web/20170713071241/http://trade.ec.europa.eu:80/doclib/docs/2003/december/tradoc_115266.pdf). To meet the requirements of a Turkish Businessperson visa please see some of the basic requirements below: - The obvious requirement being an Applicant must be a Turkish national who holds a valid Turkish passport/national identity card; - Similarly to the [Tier 1 Entrepreneur visa](https://web.archive.org/web/20190320155613/https://immigrationandvisasolicitors.co.uk/uk-tier-1-entrepreneur-visa-application/), Applicants must show a genuine intention to set up a viable business in the UK and must have sufficient funds to establish the business. Unlike the Tier 1 Entrepreneur, there is no minimum of £50,000 or £200,000. Instead, Applicants must show that they have sufficient funds to invest in the UK as well as have adequate funds for maintenance and accommodation in the UK; Applicants must be aware that it is important they comply with the Turkish Businessperson visa conditions or they may face difficulty in applying for an extension. Applicants are not permitted to engage in any other work in the UK. ## Rights of Family Members under the Turkish Businessperson visa Applicants applying for the Turkish Businessperson visa can also have their family members join them in the UK. For each family member, the Applicant must provide proof of relationship and that they will permanently live with you. It is very common for Applicants to have their respective spouse or civil partner and children join them in the UK. If an Applicants dependents are already in the UK they can apply to switch into the dependant category under the Turkish Businessperson visa so long as they can demonstrate that they have been residing in the UK lawfully and a police registration certificate (if they were required to obtain one). Once an Applicants dependent arrives in the UK, he/she is free to switch into another visa category under the Immigration Rules such as [Tier 1 Entrepreneur](https://web.archive.org/web/20190320155613/https://immigrationandvisasolicitors.co.uk/uk-tier-1-entrepreneur-visa-application/), [Tier 1 Investor](https://immigrationandvisasolicitors.co.uk/home-office-uk-tier-1-investor-visa/), [Tier 2 Work](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) or [Tier 4 Student Visa](https://web.archive.org/web/20190320134816/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa/). ## Using Legal Representation to Submit an Entry Clearance Turkish Businessperson visa Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on the law and your Turkish Businessperson visa application. You can instruct one of our immigration and visa legal representatives to successfully assist you with an Entry Clearance Turkish Businessperson visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules applicable to Turkish Businessperson visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Turkish Businessperson visa application succeeds, our [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully apply for an Entry Clearance Turkish Businessperson visa Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Turkish Businessperson visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Turkish Businessperson visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss Turkish Businessperson visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/).   --- # Exceptionally Talented Investors can apply under the Tier 1 Exceptional Talent Visa Route Source: https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa-applications/ *The [Tier 1 Investor](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) visa is a popular visa route for overseas nationals who aim to invest in the UK. The UK is currently one of the leading business locations for Tier 1 Investors with new and exciting opportunities being introduced frequently.  In order to apply for the well sought Tier 1 Investor visa, Applicants are required to demonstrate that they have at least 2 million pounds to invest in the UK. However, Tier 1 Investors with a particular skill set may be able to apply under the Tier 1 Exceptional Talent Visa Route.* ## Eligibility - Tier 1 Exceptional Talent Visa Application The T[ier 1 Investor Visa](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) application can be difficult especially as Applicants are required to invest a minimum of £2 million pounds sterling in the UK.  There is an alternative for [Tier 1 Investors](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/); Applicants may be able to apply for the [Tier 1 Exceptional Talent Visa](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) route if they can demonstrate that they have a particular skill set which has been internationally recognised by a Designated Competent Body. The Tier 1 Exceptional Talent Visa consists of two stages. [Firstly](https://immigrationandvisasolicitors.co.uk/uk-tier-1-exceptional-talent-visa/) Applicants are required to demonstrate that their talent has been endorsed and [secondly](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-immigration-application/) applying for the Visa itself.  Applicants can apply for the Tier 1 Exceptional Talent Visa if they can show that they have an exceptional talent in the following fields: - Science; - Engineering; - Humanities; - Medicine; - Digital Technology; or - Arts. ## Benefits of the Tier 1 Exceptional Talent Visa Application Initially, successful [Tier 1 Exceptional Talent Visa](https://www.gov.uk/tier-1-exceptional-talent/overview) Applications will be granted for 5 years and 4 months (entry clearance route). Applicants can then extend their [Tier 1 Exceptional Talent Visa](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) for another 5 years or alternatively apply for Indefinite Leave to Remain. The Tier 1 Exceptional Talent visa application has numerous benefits, Applicants are allowed to work in the UK for an employer or as a director of a company or be self-employed. In addition to this, Applicants can potentially settle in the UK without having to invest a significant amount of capital. ## Eligibility - Tier 1 Investor Visa Application The [Tier 1 Investor](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) visa allows overseas nationals to come to the UK for the purpose of investment, financial prosperity as well the option of relocating to the UK permanently. The Investment market in the UK is one of the leading markets around the world with investments being made from China, Russia, Turkey, Qatar, UAE (all countries across the Gulf), and the United States amongst other countries. [Tier 1 Investor](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) visa Applicants are required to invest a minimum of 2 million pounds in the UK. The funds in question must be available to the Applicant in the UK and ownership of funds must also be demonstrated. ## Benefits of the Tier 1 Investor Visa Application Initially, successful Tier 1 Investor Visa applications will be granted for 3 years and 4 months and can be extended for another 2 years if Applicants can demonstrate that they have invested a minimum of £2 million pounds sterling in the UK.  However, applications for Indefinite Leave to Remain may be fast tracked depending on the level of investment. Please see below for more details of investment amount required for fast tracked settlement in the UK under the Tier 1 Investor Visa route: - Investment of £2 million pounds sterling = eligibility for Indefinite Leave to Remain after 5 years; - Investment of £5 million pounds sterling = eligibility for Indefinite Leave to Remain after 3 years; and - Investment of £10 million pounds sterling = eligibility for Indefinite Leave to Remain after 2 years. Applicants can make their investment in the UK by investing in government/private bonds, share/loan capital in existing trading companies. ## Using Legal Representation to Submit a Tier 1 Exceptional Talent Visa Application Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a [Tier 1 Exceptional Talent Visa](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) application. Our [solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) will help you comply with the Home Office’s requirements and meet the UK Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your [Tier 1 Exceptional Talent Visa](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Submit a Tier 1 Exceptional Talent Visa Application Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a [Tier 1 Exceptional Talent Visa](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a [Tier 1 Exceptional Talent Visa](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a [Tier 1 Exceptional Talent Visa](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # London Restaurant issued with Illegal Working Closure Notice Source: https://immigrationandvisasolicitors.co.uk/illegal-working-closure-notice-lexvisa/ *This week, Tayyabs Punjabi Restaurant in Whitechapel was raided by UK Visas and Immigration (UKVI) Enforcement Officers who issued them with an Illegal Working Closure Notice, thus closing the restaurant for up to 48 hours. The Home Office has this power under Schedule 6 of the Immigration Act 2016 (“the 2016 Act”) and is yet another example of the Home Office toughening its stance against illegal working in the UK. * ## What is an Illegal Working Closure Notice? An Illegal Working Closure Notice is issued by a Chief Immigration Officer or higher, with the purpose of closing a business premises for up to 48 hours in the circumstances where the employer who is operating that premises is found to be employing a person who has no right to work in the UK.  The Illegal Working Closure Notice does not prevent access to the premises by any person who lives there. ## Grounds for issuing an Illegal Working Closure Notice An Illegal Working Closure Notice may be issued if the Chief Immigration Officer is satisfied on reasonable grounds that: - Illegal working is taking place on the premises; and - The employer or connected person in relation to the employer: -has been convicted of an offence under section 21 of the Immigration, Asylum and Nationality Act 2006; or -has, during the period of three years ending with the date on which the closure notice issued, been required to pay a penalty under section 15 of the 2006 Act; or -has, at any time, been required to pay such a penalty and failed to pay it. An Illegal Working Closure Notice may not be issued if the employer is able to demonstrate in relation to the employment of each illegal worker, that they have a statutory excuse. ## Challenging an Illegal Working Closure Notice An Illegal Working Closure Notice may be challenged under paragraph 3, schedule 6 of the 2016 Act if: - the immigration officer considers that the condition in paragraph 1(3) or (6) of the 2016 Act is not met, or - the employer shows in relation to the employment of each illegal worker that if a penalty notice were given under section 15 of the 2006 Act the employer would be excused under subsection 3 of that section from paying the penalty. A cancellation notice may be issued only by an Immigration Officer of at least the rank of the Immigration Officer who issued the Illegal Working Closure Notice or where the Illegal Working Closure Notice has been extended by an extension notice, by an Immigration Officer of at least the rank of the Immigration Officer who issued the extension notice. ## What is an Illegal Working Compliance Order? After an Illegal Working Closure Notice has been issued, an Immigration Officer may then make an application to the court for an Illegal Working Compliance Order, which could extend the provisions of that order for up to 12 months. ## Obligations Under an Illegal Working Compliance Order An Illegal Working Compliance Order can require the employer to perform [Right to Work Checks](https://immigrationandvisasolicitors.co.uk/hr-advice-right-to-work-checks-penalties-ukvi-business-immigration/) and produce Right to Work Check documents, as well as restrict or prohibit access to the premises. In circumstances where an Illegal Working Compliance Order is in place, an individual who then enters that premises will be committing an offence punishable with a fine or up to 51 weeks imprisonment. Further details regarding an Illegal Working Compliance Order may be found under [The Illegal Working Compliance Order Regulations 2016](https://www.legislation.gov.uk/uksi/2016/1058/body/made), which came into force on 1 December 2016. ## Challenging an Illegal Working Compliance Order An Illegal Working Compliance Order may be challenged by way of an appeal to the Crown Court and may be made by the person on whom the complience order was served, or any other person who has an interest in the premises against the decision. The appeal may be made in order to: - make, extend, or vary an Illegal Working Compliance Order; - not to discharge an Illegal Working Compliance Order; and/or - order that an Illegal Working Compliance Order continues in force. An appeal must be made within 21 days from the date of the decision to which it relates was made. ## Using Legal Representation to Challenge an Illegal Working Closure Notice or Illegal Working Compliance Order Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit challenge an Illegal Working Closure Notice or Illegal Working Compliance Order. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Challenge an Illegal Working Closure Notice or Illegal Working Compliance Order Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Overcoming a Tier 2 Home Office Compliance Visit and Protect your Sponsor Licence Source: https://immigrationandvisasolicitors.co.uk/home-office-compliance-visit/ *Over the past year, there has been an unprecedented increase in the number of [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) Home Office Compliance Visits. An employer with a UK Tier 2 [Sponsor Licence](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) must be prepared for a Tier 2 Home Office Compliance Visit otherwise could face the prospect of losing their Tier 2 [Sponsor Licence](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) if they are found to be non-compliant with the Immigration rules and Sponsor Licence Home Office Policy Guidance. The Home Office frequently conduct [unannounced compliance visits](https://immigrationandvisasolicitors.co.uk/immigration-enforcement-accelerated-uk/) leaving employers with little time to prepare ahead of the Tier 2 Home Office Compliance Visit. * ## The Purpose of a Tier 2 Home Office Compliance Visit As a Tier 2 Sponsor, you will be required to ensure your business is complying with its [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) sponsorship duties. The Home Office can at any time attend your place of business and conduct a Tier 2 Home Office Compliance Visit. This often leaves Tier 2 Sponsor Licence holders in a panic as it is crucial the Home Office is satisfied with their assessment or it could result in [hefty fines](https://immigrationandvisasolicitors.co.uk/ukvi-penalties-fines-uk-business/) and the [suspension](https://immigrationandvisasolicitors.co.uk/sponsor-licence-revocation-suspension/) or even [revocation](https://immigrationandvisasolicitors.co.uk/sponsor-licence-revocation-suspension/) of the [Tier 2 Sponsor Licence](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/). The purpose of a Home Office Compliance Visit is to establish whether a Tier 2 employer is complying with their Tier 2 sponsorship duties in accordance with their Policy Guidance.  The Home Office takes illegal working extremely seriously and has made it clear that they will suspend or revoke the Tier 2 Employers' Sponsor Licence who are guilty of this offence. In addition to ensuring that there is no illegal working on the premises, the Home Office will also want to see that the Tier 2 Employers operate a fully functional Human Resources System and is capable of complying with all its Tier 2 sponsorship duties. ## What to expect and how to prepare for a Tier 2 Home Office Compliance Visit Home Office compliance officers are likely to visit your business premises unannounced and expect to see that you are meeting your Tier 2 sponsorship duties. The Home Office will request to speak to key personnel team such as the Authorising Officer, Key Contact and the Level 1 User. If these key personnel are not available the Home Office is likely to continue with the Home Office Compliance Visit in their absence, so it is crucial that a member of the key personnel team is always present at the business premises. Ideally, the Authorising Officer should be present as he/she will be responsible for the recruitment of all overseas migrant workers and their Tier 2 sponsorship details. The Home Office will also want to see that the key personnel are aware of their Tier 2 sponsorship duties and the recent Home Office changes such as changes to the Tier 2 Salary threshold. The Home Office will also want to see that all details of the migrant workers are stored safely and are up to date i.e. contacts details and visa expiry dates. Lastly, it is not uncommon for Home Office compliance officers to conduct interviews with the migrant workers to establish whether they are genuine employees and are receiving key employment documents such as: employment contracts and payslips. Therefore it is important all migrant workers are aware of their rights and responsibilities within the business before the Home Office Compliance Visit. Our team of solicitors and Barristers can assist with preparing for a Home Office Compliance Visit. Our specialist immigration team can carry out mock Home Office Compliance Visit checks and also prepare a tailored and comprehensive guide for the Tier 2 Employers on successfully satisfying the requirements of the Home Office Compliance Visit**. ** ## Top 5 Tips for Tier 2 Employers facing a Tier 2 Home Office Compliance Visit Whilst it is true that the Home Office compliance officers cannot enter your business premises by force, it is recommended that Tier 2 sponsors comply with the requests of the Home Office compliance officers to avoid any issues and delays in the conduct of the Tier 2 Home Office [Compliance Visit](https://immigrationandvisasolicitors.co.uk/immigration-enforcement-accelerated-uk/). If you do not let the [Home Office](https://www.gov.uk/government/publications/contact-details-for-immigration-compliance-and-enforcement-teams) conduct their Tier 2 Home Office Compliance Visit then it inevitable that your Sponsor Licence would be [suspended](https://immigrationandvisasolicitors.co.uk/sponsor-licence-revocation-suspension/) pending further enquiries or even [revoked](https://immigrationandvisasolicitors.co.uk/sponsor-licence-revocation-suspension/). Please see below for our top 5 tips for a Tier 2 Home Office Compliance Visit: - Always work with the Home Office compliance officers as first impressions are very important and in our experience, the attitude of the Sponsor’s staff can have a massive impact on the visit; - Ensure all relevant paperwork is ready to be inspected and is organised in a clear and logic manner and ensure all information is updated and accurate; - All personnel must be aware of their roles and responsibilities and must be ready for demanding interviews; - Always arrange a Mock Tier 2 Home Office Compliance Visit using specialist immigration Solicitors and Barristers; and - If possible, always have your legal representatives ready to assist during the Tier 2 Home Office Compliance Visit to ensure everything is in order. ## Using Legal Representation to Comply with a Tier 2 Home Office Compliance Visit Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to comply with a Tier 2 Home Office Compliance Visit. Caseworkers at the Home Office are trained to conduct rigorous Tier 2 Home Office Compliance Visit checks for example by failing to provide the correct supporting evidence. In order to ensure your Tier 2 Home Office Compliance Visit is successful, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules and Sponsor Guidance. ## Successfully Comply with a Tier 2 Home Office Compliance Visit Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of a Tier 2 Home Office Compliance Visit and the merit of your Tier 2 Home Office Compliance Visit before your matter even reaches the Home Office UK Visa & Immigration. We can assist you with the preparation of a Tier 2 Home Office Compliance Visit and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Tier 2 Home Office Compliance Visit. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # LEXVISA Weekly Immigration Update 1 September 2017 Source: https://immigrationandvisasolicitors.co.uk/lexvisa-immigration-visa-route/ *At the beginning of the week, we explained that it may be possible for Tier 1 Investors, who have a particular skill set, to apply under the Tier 1 Exceptional Talent Visa route. Also this week, it was announced that a popular Punjabi restaurant in Whitechapel was raided by Immigration Enforcement Officers and issued with an Illegal Working Closure Notice. It is highly important that employers who hold Tier 2 Sponsor Licences are always prepared for an unannounced Tier 2 Home Office Compliance Visit, which in recent months the Home Office has been conducting more frequently, in a crackdown against illegal working in the UK. * ## 1.Exceptionally Talented Investors can apply under Tier 1 Exceptional Talent Visa Route The [Tier 1 Investor Visa](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) route is popular for overseas nationals who are looking to invest in the UK. However, it can be difficult to be granted a Tier 1 Investor Visa since one of the main requirements is that the Applicant must invest a minimum of £2 million into the UK. This can be by investing in government/ private bonds or share/loan capital in existing trading companies. Successful tier 1 Investor Applicants are initially granted leave in the UK for 3 years and 4 months, which can then be extended for a further 2 years. Applications for Indefinite Leave to Remain may also be fast tracked depending on the level of investment. Alternatively, Tier 1 Investors who have a particular skill set could alternatively apply under the [Tier 1 Exceptional Talent Visa](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) route. The Tier 1 Exceptional Talent Visa application is a two-stage process; firstly Applicants must be given an endorsement by one of designated competent bodies, then once this has been granted then they may make the application for the Tier 1 Exceptional Talent Visa. ## 2.London Restaurant issued with Illegal Working Closure Notice An Illegal Working Closure Notice can close a business premises down for up to 48 hours if a Chief Immigration Officer or higher finds that the employer who is operating that premises is found to be employing individuals who have no right to work in the UK. An Illegal Working Closure Notice may be challenged under paragraph 3, [schedule 6 of the Immigration Act 2016](http://www.legislation.gov.uk/ukpga/2016/19/contents/enacted). After an Illegal Closure Notice has been issued, an Immigration Officer can make an application for an Illegal Working Compliance Order. An Illegal Working Compliance Order can require the employer to perform [Right to Work Checks](https://immigrationandvisasolicitors.co.uk/hr-advice-right-to-work-checks-penalties-ukvi-business-immigration/) and produce Right to Work Check documents, as well as restrict or prohibit access to the premises. Failure to comply with the Illegal Working Compliance Order can result in a fine and up to 51 weeks imprisonment. Appeals may be made against an Illegal Working Compliance Order to the Crown Court within 21 days from the date of which the relevant decision was made. ## 3.Overcoming a Tier 2 Home Office Compliance Visit and Protect your Sponsor Licence Employers who have a [Tier 2 Sponsor Licence](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) need to ensure that their business is complying with its Tier 2 Sponsorship duties. The Home Office can at any time conduct an [unannounced compliance visit](https://immigrationandvisasolicitors.co.uk/immigration-enforcement-accelerated-uk/) which, if the findings are not in accordance with Home Office Policy Guidance, can result in the Tier 2 Sponsor Licence may be suspended or even revoked. The purpose of a Tier 2 Home Office Compliance Visit is not only to make sure that there is no illegal working on the premises, but to also see that the Tier 2 employer can operate a fully functional Human Resources System and is capable of complying with all its Tier 2 Sponsorship duties. Whilst a Home Office Compliance Visit will be unannounced, there are still ways in which a Tier 2 Sponsor Licence holder can be prepared for the Home Office Compliance Visit. Our team of specialist immigration solicitors and barristers can assist with preparing for a Home Office Compliance Visit and can carry out mock Home Office Compliance Visit checks to ensure your business meets all of the Tier 2 Sponsor Licence duties so your Sponsor Licence is not [suspended or revoked](https://immigrationandvisasolicitors.co.uk/sponsor-licence-revocation-suspension/). ## Using Legal Representation to Submit a UK Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a UK Visa application. Our solicitors and Barristers will help you find the best Visa route for you and will ensure you comply with the Home Office’s requirements and meet the UK Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Submit a UK Visa Application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Immigration & Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a UK Immigration & Visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration & Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Understanding Visitor in Transit Visa Applications UK Source: https://immigrationandvisasolicitors.co.uk/visitor-transit-visa-applications-uk/ *Whilst the Visitor in Transit Visa falls under the [Standard Visitor Visa](https://web.archive.org/web/20190319122442/https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/) category, it is largely different to its UK Visitor Visa counterparts such as the Private Medical Treatment Visitor Visa, Child Visitor Visa, Academic Visitor Visa, Organ Donor Visitor Visa and Marriage Visitor Visa which we have previously discussed. This is largely due to the fact that a Visitor in Transit Visa is merely used for individuals who are coming to the UK in order to travel onto another country, therefore meaning the amount of time spent in the UK is significantly shorter than those seeking to enter the UK as a visitor on any of the other UK visitor visa routes. * ## What is a Visitor in Transit Visa? A person who is on a Visitor in Transit Visa is defined as a person who seeks to travel via the UK en route to another destination country outside the common travel area ([Appendix V, part 7 of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules)). ## Requirements for a Visitor in Transit Visa It is important to understand the requirements of Visitor in Transit Visa before making a Visitor in Transit Visa application, such as: - Applicants must be in genuine transit to another country outside the common travel area, meaning that the main purpose of their visit is to transit the UK; and - Applicants must prove that they are taking a reasonable transit route to their destination. Only non-EEA nationals can apply for a Visitor in Transit Visa and Visitor in Transit Visa applications must be made from outside of the UK. ## Long-term Visitor in Transit Visa It is possible to obtain a long-term Visitor in Transit Visa, if an individual can prove that they regularly transit through the UK and will be doing so for a long period of time. The maximum stay on each Visitor in Transit Visa is still 48 hours; however the visa can be valid for either 1, 2, 5 or 10 years. In order to qualify for a long-term Visitor in Transit Visa, Applicants must: - have a frequent and ongoing need to pass through the UK in transit; - the reason passing through the UK is unlikely to change significantly while the visa is valid; and - leave the UK at the end of each transit. To make a Visitor in Transit Visa application and to ensure you choose the right application to make, it is highly recommended that you speak with one of our specialist immigration solicitors who have a comprehensive understanding of the UK’s complex visa and immigration rules and requirements for a Visitor in Transit Visa application. ## Do's and Don't's on a Visitor in Transit Visa There are certain activities that successful Visitor in Transit Visa Applicants can and cannot do, which include: - Applicants will have no recourse to public funds or medical treatment whilst in the UK; - Applicants are not permitted to work or study in the UK; and - Applicants are only entitled to be in the UK for up to 48 hours. Any persons found to be in breach of their Visitor in Transit Visa may have their Visitor in Transit Visa revoked and as a result will have adverse immigration history which will make it more difficult to successfully apply for any other UK visa. ## Using Legal Representation to Apply for a Visitor in Transit Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Visitor in Transit Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Visitor in Transit Visa Applications Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Join your child in the UK on Parent of a Tier 4 Child Visa Source: https://immigrationandvisasolicitors.co.uk/parent-of-a-tier-4-child-visa/ *Parents who wish to send their children to an Independent Fee Paying School in the UK on a [Tier 4 Child visa](https://www.gov.uk/child-study-visa) can apply to join them in the UK. The [Parent of a Tier 4 Child Visa](https://www.gov.uk/parent-of-a-child-at-school-visa) was specifically introduced for this purpose. Whilst the eligibility requirements for the Parent of a Tier 4 Child Visa are not as stringent as some of the other visa routes under the Immigration Rules, the Home Office has made it clear that Applicants must comply with their visa conditions. Applicants found to be in breach of their visa conditions will face harsh consequences and could have their future applications put under harsher examination.* ## Parents can accompany their Children on a Parent of a Tier 4 Child Visa The Home Office recognises that it is difficult for young children to come to the UK to study on a Tier 4 Child visa without the support and care of their parents. Therefore, the Home Office has introduced the [Parent of a Tier 4 Child Visa](https://www.gov.uk/parent-of-a-child-at-school-visa) category in an attempt to encourage parents to send their children to the best independent educational institutions in the UK. The UK is well renowned for its high level of education with popular independent schools such as Concord College and Eton College. To apply for a Parent of a Tier 4 Child Visa the following requirements must be met: - The Applicant's child must be under the age of 12 and be studying at an Independent Fee Paying School in the UK on a Tier 4 Child visa; - Applicant must have enough money to support themselves and any dependents while in the UK; - Applicant must be able to demonstrate that they have sufficient resources to maintain a second home outside the UK; and - Applicant must demonstrate that they intend to leave the UK at the end of their visit and must show that they have the funds to cover the costs of their return. Applicants should seek legal from specialist Immigration [Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) before submitting any UK Visas and Immigration application. The earliest an Applicant can apply for a Parent of a Tier 4 Child Visa is 3 months before the date of the intended travel and a decision in most cases is made within 3 to 4 weeks of submission. ## Staying in the UK on a Parent of a Tier 4 Child Visa Applicants who are issued with a [Parent of a Tier 4 Child Visa](https://www.gov.uk/parent-of-a-child-at-school-visa) can reside in the UK for either 6 or 12 months. However, there is an option for Applicants to apply for extensions for up to 12 months to extend their stay in the UK. Applicants can keep on submitting extension applications until their child reaches the age of 12. A child on the Tier 4 Child visa can continue to study until the age of 17 and can then apply for a [Tier 4 General Student visa](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/). An important to point to note is that Applicants applying for a Parent of a Tier 4 Child Visa will not be able to extend their visa if their child is going have their 12th birthday in the next 12 months from the date of their application. Similarly, Applicants cannot apply for an extension if their child is going to finish their final year at school within the next 12 months. ## What you can and can’t do on a Parent of a Tier 4 Child Visa It is important for Applicants to meet the conditions of their Parent of a Tier 4 Child Visa and not to engage in any prohibited activities. The Home Office has made it clear that there will be harsh consequences for Applicants who are found guilty of breaching their Parent of a Tier 4 Child Visa. If Applicants are not aware of what activities their Parent of a Tier 4 Child Visa allows, then it is highly recommended they seek legal advice from specialist Immigration[ Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/). Applicants who are found to be guilty of breaching their Parent of a Tier 4 Child Visa are likely to have their leave curtailed and it could have an adverse impact on all future applications UK visa applications. You can carry out the following activities on a Parent of a Tier 4 Child Visa: - Applicants can enter the UK as a Parent of a Tier 4 Child and extend their visa for 12 months at a time until the child reaches the age of 12. You cannot carry out the following activities on a Parent of a Tier 4 Child Visa: - Applicants cannot bring other family members with them. Every Applicant must apply within their own right. - Applicants cannot have access to public funds or social benefits. - Applicants cannot engage in activities in relation to work or studying in the UK. - Applicants must not intend to make the UK their principal place of home and cannot switch into any other visa category within the UK. If you are unsure of what activities are prohibited or permitted on a Parent of a Tier 4 Child Visa, our specialist Immigration Solicitors and Barristers can advise you on specific activities. ## Using Legal Representation to submit a Parent of a Tier 4 Child Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a Parent of a Tier 4 Child visa application. Our Solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Parent of a Tier 4 Child Visa application succeeds and meets all the rules, the necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence in support of your Parent of a Tier 4 Child Visa application. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Parent of a Tier 4 Child Visa Application Our team of Immigration [Solicitors and Barrister](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/)[s](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your Parent of a Tier 4 Child Visa Application and the merit of an application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Parent of a Tier 4 Child Visa Application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Parent of a Tier 4 Child Visa Application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)   --- # Leaked Brexit Proposals Reveal the Upcoming Harsh Rules for EU citizens Source: https://immigrationandvisasolicitors.co.uk/leaked-brexit-proposals/ *A Home Office document named ‘Border, Immigration and Citizenship System After the UK Leaves the European Union’ has been leaked which reveals the Government’s Brexit Proposals. The document is 82 pages and covers many changes the government intends to carry out when Britain leaves the European Union. It plans to lower the number of low paid EU migrants and toughen the rules that enable EU citizen’s family members to reside in the UK.* ## Impact of the Brexit Proposals on EU Citizens The [leaked document](https://www.theguardian.com/uk-news/2017/sep/05/leaked-document-reveals-uk-brexit-plan-to-deter-eu-immigrants) contains many changes the UK Government wishes to achieve after Britain leaves the European Union. The Brexit Proposals plan is the following: - Preference will be given to workers who are British nationals, rather than EU workers in the job market; - High-skilled workers will be able to stay for more than 3 years but low skilled workers will be permitted to stay for up to two years in the UK; - Harsher restrictions on EU citizens bringing their families to the UK. EU citizens will need a minimum income of £18,600; - Definition of family member will also be stricter therefore EU citizens may not be able to bring relatives to the UK; - No change to border checks, EU nationals who wish to come to the UK will be required to travel on a passport rather than a national identity card; and - Biometric residence permit which may include fingerprints may also be required for EU citizens wanting to stay for longer periods in the UK. ## Impact of Brexit Proposals on UK Nationals Unfortunately, it works both ways. If the UK’s Brexit Proposals are implemented it will also be very likely for the European Union to enact similar rules making it difficult for UK nationals to travel, work or reside in EU states. ## When Will the Brexit Proposals be Enforced? The document indicates that the Brexit Proposals will only be enforced at the end of a transition period, which could take up to three years. However, the document is only a proposal and will need to be approved by minister’s first. The Brexit Proposal is also subject to negotiations with the European Union which will mean that these Brexit Proposals can also change. Nevertheless, what these Brexit Proposals show is the Home Office’s direction of thinking for post-Brexit. It is important for EU nationals to regularise their status in the UK before the UK leaves the EU. Our team of immigration specialists can assist in making an EEA application. ## Using Legal Representation to prepare a UK Visa Application Following Brexit Proposals Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to help you with any changes made following the Brexit Proposals. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful UK Visa Applications Following the Brexit Proposals Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # LEXVISA Weekly Immigration Update 8 September 2017 Source: https://immigrationandvisasolicitors.co.uk/lexvisa-update-uk-home-office/ *Overseas nationals may apply for a Marriage Visitor Visa if they wish to marry in the UK because of the attraction of marrying at one of the UK's historic or famous wedding locations. A Marriage Visitor Visa comes under the [Standard Visitor Visa](https://web.archive.org/web/20190319122442/https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/) bracket, as does a Visitor in Transit Visa, which therefore shares the basic Standard Visitor Visa requirements, however, each sub-category of the Standard UK Visitor Visa comes with its own permitted and prohibited activities. During the week, we made it known that i**f you are a Parent of a Tier 4 Child, there may be ways to join your child in the UK, despite the visa rules set out by the UK Home Office seeming complex. The UK Government's leaked Brexit Proposals made the headlines this week, which has done little to reassure the thousands of EEA nationals of their future in the UK. * ## 1. Marrying in the UK on a Marriage Visitor Visa The primary purpose of the Marriage Visitor Visa is to allow overseas citizens to marry or register their civil partnership in the UK. One of the main reasons why Applicants choose to marry in the UK is due to the historic and famous wedding locations. Applicants who marry on the Marriage Visitor Visa are required to leave the UK straight after however Applicants who wish to marry and then settle in the UK usually opt for the [Fiancé visa](https://immigrationandvisasolicitors.co.uk/uk-right-to-marry-fiance-visa/) as it is an easier route to settlement in the UK. It is not uncommon for Applicants to confuse the Marriage Visitor Visa with the [UK Fiancé visa](https://immigrationandvisasolicitors.co.uk/story-entry-clearance-fiancee-visa-granted/). Whilst both visas allow Applicants to marry in the UK, there are noteworthy differences between the two visa categories. The main difference being that the Marriage Visitor Visa only allows Applicants to marry in the UK and would require Applicants to leave the UK and apply for a UK Spouse Visa following their marriage. The benefit of applying for a Fiancé visa is that Applicants can apply within the UK to switch their [Fiancé visa](https://immigrationandvisasolicitors.co.uk/apply-fiance-visa-join-partner-uk/) to a [Spouse visa](https://web.archive.org/web/20170116000810/https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/). Under the Marriage Visitor Visa Applicants cannot get public funds or apply to switch their visa within the UK. ## 2. Understanding Visitor in Transit Visa Applications UK A person who is a Visitor in Transit Visa is defined as a person who seeks to travel via the UK en route to another destination country outside the common travel area ([Appendix V, part 7 of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules)). It is important to understand the requirements of Visitor in Transit Visa before making a Visitor in Transit Visa application, such as: - Applicants must be in genuine transit to another country outside the common travel area, meaning that the main purpose of their visit is to transit the UK; and - Applicants must prove that they are taking a reasonable transit route to their destination. Only non-EEA nationals can apply for a Visitor in Transit Visa and Visitor in Transit Visa applications must be made from outside of the UK. It is possible to obtain a long-term Visitor in Transit Visa if an individual can prove that they regularly transit through the UK and will be doing so for a long period of time. The maximum stay on each Visitor in Transit Visa is still 48 hours; however, the visa can be valid for either 1, 2, 5 or 10 years. ## 3. Join your child in the UK on Parent of a Tier 4 Child Visa Parents who wish to send their children to an Independent Fee Paying School in the UK on a [Tier 4 Child visa](https://www.gov.uk/child-study-visa) can apply to join them in the UK. The [Parent of a Tier 4 Child Visa](https://www.gov.uk/parent-of-a-child-at-school-visa) was specifically introduced for this purpose*. *The UK Home Office recognises that it is difficult for young children to come to the UK to study on a Tier 4 Child visa without the support and care of their parents. Therefore, the UK Home Office has introduced the [Parent of a Tier 4 Child Visa](https://www.gov.uk/parent-of-a-child-at-school-visa) category in an attempt to encourage parents to send their children to the best independent educational institutions in the UK. The UK is well renowned for its high level of education with popular independent schools such as Concord College and Eton College. Applicants who are issued with a [Parent of a Tier 4 Child Visa](https://www.gov.uk/parent-of-a-child-at-school-visa) can reside in the UK for either 6 or 12 months. However, there is an option for Applicants to apply for extensions for up to 12 months to extend their stay in the UK. Applicants can keep on submitting extension applications until their child reaches the age of 12. A child on the Tier 4 Child visa can continue to study until the age of 17 and can then apply for a [Tier 4 General Student visa](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/). ## 4. Leaked Home Office Brexit Proposals Reveal the Upcoming Harsh Rules for EU citizens A Home Office document named ‘Border, Immigration and Citizenship System After the UK Leaves the European Union’ has been leaked which reveals the Government’s Brexit Proposals. The document is 82 pages and covers many changes the government intends to carry out when Britain leaves the European Union. It plans to lower the number of low paid EU migrants and toughen the rules that enable EU citizen’s family members to reside in the UK. The [leaked document](https://www.theguardian.com/uk-news/2017/sep/05/leaked-document-reveals-uk-brexit-plan-to-deter-eu-immigrants) contains many changes the UK Government wishes to achieve after Britain leaves the European Union. The Brexit Proposals plan is the following: - Preference will be given to workers who are British nationals, rather than EU workers in the job market; - High-skilled workers will be able to stay for more than 3 years but low skilled workers will be permitted to stay for up to two years in the UK; - Harsher restrictions on EU citizens bringing their families to the UK. EU citizens will need a minimum income of £18,600; - Definition of family member will also be stricter, therefore, EU citizens may not be able to bring relatives to the UK; - No change to border checks, EU nationals who wish to come to the UK will be required to travel on a passport rather than a national identity card; and - Biometric residence permit which may include fingerprints may also be required for EU citizens wanting to stay for longer periods in the UK. The document indicates that the Brexit Proposals will only be enforced at the end of a transition period, which could take up to three years. However, the document is only a proposal and will need to be approved by minister’s first. ## Using Legal Representation to Submit a Visa Application to the UK Home Office Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with making a Visa application to the UK Home Office. Our solicitors and Barristers will help you comply with the UK Home Office requirements and meet the UK Immigration Rules. Caseworkers at the UK Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Submit a Visa Application to the UK Home Office Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Immigration & Visa application before your application even reaches the UK Home Office Visa & Immigration department. We can assist you with the preparation and submission of a UK Immigration & Visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration & Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Immigration Update: The Good Character Requirement in a British Nationality Application Source: https://immigrationandvisasolicitors.co.uk/british-nationality-application/ *In respect of concerns raised recently in the report of the Independent Chief Inspector of Borders and Immigration titled 'A short inspection of the Home Office's application of the good character requirement in the case of young persons who apply for registration as British citizens' dated July 2017 ("[July 2017 Report](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/631625/A-short-inspection-of-the-Home-Office---s-application-of-the-good-character-requirement1.pdf)") regarding the Good Character Requirement in a British Nationality Application for minors, the Home Office responded in their [February-April 2017 Policy Paper](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/628102/HO_Response_-_Good_Character_Requirement_-_July_2017.pdf) and having acknowledged the recommendations raised, will publish an updated guidance by the end of December 2017. It is important that you seek guidance and assistance from our expert immigration lawyers to make a successful British Nationality Application.* ## British Nationality Application for Young Persons There are two routes for [registering](https://immigrationandvisasolicitors.co.uk/register-british-citizen-eligibility/) a British Nationality Application for young persons (someone between the age of 10 and 17); either: - they are legally entitled to register as either of their parents is British at the time of their birth; or - they are entitled to register because either of their parents became a British citizen or obtained settlement in the United Kingdom after their birth Only in the second scenario, the Home Secretary has a discretionary power to determine the application based on the Good Character Requirement of the applicant. Both the adult and the young person whose parents were not settled in the UK or a British national at the time of his birth must be of good character to be registered as a British citizen. The burden is on the applicant to establish the Good Character Requirement in a British Nationality Application. ## The Good Character Requirement in a British Nationality Application “Good character” is not defined in the [British Nationality Act 1981](http://www.legislation.gov.uk/ukpga/1981/61), there is no statutory guidance for its interpretation for a British Nationality Application. In general, it means respecting the rights and freedoms of the UK, observing the law and fulfilling their duties and obligations as a resident of the UK. Annex D to chapter 18 of the Home Office guidance: Nationality Policy and Casework Instruction provides guidance to how the Good Character Requirement should be assessed for adults as well as young persons in a British Nationality Application. Both adult and minor applicants must disclose all criminal convictions within and outside the UK including non-custodial sentences, out of court disposals (e.g. fines, caution, community sentences) pending prosecutions, dishonesty (e.g. failure to disclose convictions) and breach of immigration rules in a British Nationality Application. Each offence has a respective qualifying “rehabilitation period” under Annex D 2(i). For example, if an adult was imprisoned or detained in a young offender institution for up to 6 months, the rehabilitation period is 7 years, and 3.5 years if the offender was a minor at the time of conviction. The application should be refused unless relevant rehabilitation period has passed. Criminal records play a significant part in the assessment of the Good Character Requirement in a British Nationality Application, but the mere existence or lack of a criminal record is not in itself a conclusive indication. It used to be the case that the caseworker could exercise the Home Secretary’s discretion to disregard a single caution considering all other information in specific circumstances, it is not clear how the discretion is exercised anymore or at all, and it is pointed out that there is need to promote young persons’ best interests as a primary consideration in a British Nationality Application. ## Current Position on the Good Character Requirement in a British Nationality Application The Good Character Requirement is set out in section 41A of the British Nationality Act 1981. It does not differentiate adults from young persons. Queries regarding the safeguard and promotion of children’s welfare and best interests were raised in the *[July 2017 Report](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/631625/A-short-inspection-of-the-Home-Office---s-application-of-the-good-character-requirement1.pdf)*, because the current assessment applies the same standard to adult and young person, and the scope of the caseworkers’ discretion regarding good character is unclear. The current guidance specifies that the breach of immigration rules, such as deception in previous immigration applications, results in a 10-year restriction for applications starting from the date the dishonesty was discovered. For example, a person used deception in an application in 2008, but that was discovered or admitted to in 2010, the 10 year period would start in 2010. Although the guidance has mentioned that breach of immigration rules can be disregarded if the dependent child had no control of the breach, if the test is equally applied to a young persons as well as adults, the 10 year ban means that the young person’s right to registration would lapse, in which case, the child might become a Foreign National Adult and subject to the full Naturalisation Requirements. ### A Foreign National Adult As a foreign national adult (18 years old or above) the applicant can only apply for the British citizenship by way of naturalisation, which also has the good character requirement; even if the applicant is allowed to apply for British citizenship with a spent conviction, the right to register as a British citizen based on the fact that his parent became a British citizen or settled in the UK would have lapsed as he is no longer under 18. ### Naturalisation Requirements For the naturalisation application,  depending on whether or not the applicant is married to or in a civil partnership with a British citizen, there are respective Residence Requirements to be satisfied in addition to the Good Character Requirement. Please find full details on the [Naturalisation Requirements here](https://web.archive.org/web/20170426014947/https://immigrationandvisasolicitors.co.uk/british-naturalisation-application-routes/). ## Impact of the Current Position on a British Nationality Application for Young Persons It is made clear in the *[July 2017 Report](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/631625/A-short-inspection-of-the-Home-Office---s-application-of-the-good-character-requirement1.pdf)* that the application of the same Good Character Requirement in a British Nationality Application for a young person as well as an adult can have detrimental consequences to the prospects of the young person registering as a British citizen. This because the young person, by virtue of a 10 years restriction, would miss the opportunity to register as a British national as result of failing the Good Character Requirement test and would be taken to be a Foreign National Adult applying under the full Naturalisation Requirments once the 10 years restriction expires. Therefore, a young person being deprived of the opportunity to register as a British national on the basis of the Good Character Requirement applied to Foreign National Adults is said to be unfair and against the Home Office's policy on considering the best interests of the young person as a primary consideration in accordance with the UN Convention on the Rights of the Child (UNCRC). The Home Office has responded to the *[July 2017 Report](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/631625/A-short-inspection-of-the-Home-Office---s-application-of-the-good-character-requirement1.pdf)*; and in acknowledgement of the concerns raised, has indicated that a revised and updated guidance on the Good Character Requirement for Young Persons in a British Nationality Application will be released by the end of December 2017. The new guidance coming in December 2017 is expected to clarify and distinguish the Good Character Requirement test applied to young persons and adults to reflect the promotion of children’s interests as a primary consideration. Once the new guidance is released, a discussion may arise on to the proper approach to reflect and have regard to the need to safeguard and promote the welfare of children in the UK. ## Using Legal Representation to Submit a British Nationality Application Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with making a British Nationality Application to the UK Home Office. Our solicitors and Barristers will help you comply with the UK Home Office requirements and meet the UK Immigration Rules. Caseworkers at the UK Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Submit a British Nationality Application Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a British Nationality Application before your application even reaches the UK Home Office Visa & Immigration department. We can assist you with the preparation and submission of a British Nationality Application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful British Nationality Application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a British Nationality Application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Visitor Visa for Chinese Nationals under the China ADS Agreement Source: https://immigrationandvisasolicitors.co.uk/china-ads-agreement-uk/ *The Approved Destination Status (ADS) Agreement was made between the UK and China in 2005 which permits Chinese citizens to visit the UK for up to a maximum of 30 days as part of a tourist group ("China ADS Agreement"). The general guidelines for the China ADS Agreement are found under the [Standard Visitor Visa](https://web.archive.org/web/20190319122442/https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/) rules with China further specific requirements which Applicants will need to meet under the China ADS Agreement. * ## What is the China ADS Agreement? The China ADS Agreement is an agreement made between the UK and China for the purpose of allowing Chinese nationals to visit the UK as part of a tourist group, with a minimum of 5 people, for up to 30 days. The tour group will be led by an official tour guide. ## What is a China ADS Agreement Tour Guide? The Tour Guide under the China ADS Agreement must be authorised by the Chinese National Tourism Administration or any other organisation accredited and trained by the British Embassy in China. The tour group operator will arrange the appointment at the Visa Application Centre in China for the whole tour group. This will usually be arranged at least 3 weeks before the group’s departure to the UK. During this appointment, all members of the group will submit their biometrics, which consists of a photograph and digital finger print scan. ## What are the Requirements of the China ADS Agreement? In order for an individual to visit the UK under the China ADS Agreement, they must fulfill the following requirements: - be a national of the People’s Republic of China; and - intend to enter, leave and travel within the UK as a member of a tourist group under the China ADS Agreement, without recourse to public funds. It is important to be aware of the UK’s complex Immigration and Visa Rules, therefore seeking expert advice from our specialist solicitors can ensure that you meet all of the necessary requirements for an ADS Agreement or any other [UK Visitor Visa](https://www.gov.uk/standard-visitor-visa) to ensure that the application has the greatest chance of success. ## What are the Restrictions on the China ADS Agreement? There are certain activities which are prohibited under the China ADS Agreement which include: - engaging in any work or paid activity in the UK; - undertake a course of study in the UK; - no recourse to public funds or medical treatment in the UK; and - live or stay in the UK for extended periods through frequent or successive visits. After the period of 30 days, individuals in the UK under the China ADS Agreement must return to China and there is no possibility for extending their stay in the UK under this visa route. ## Using Legal Representation to Submit a China ADS Agreement Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visa and Immigration application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your China ADS Agreement application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful ADS Agreement Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of a China ADS Agreement application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your China ADS Agreement application and ensure that you meet all the requirements of the relevant rules. [Our offices are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Illegal Immigrants in the UK Have No Right to Bank Account under the New Right to Bank Check Source: https://immigrationandvisasolicitors.co.uk/right-to-bank-check/ *In the last 24 months, the Home Office has taken portentous steps to crack down on net immigration figures in the UK and has largely relied on the [Immigration Act 2014](http://www.legislation.gov.uk/ukpga/2014/22/contents/enacted) (amended by the [Immigration Act 2016](http://www.legislation.gov.uk/ukpga/2016/19/contents/enacted)). The Home Office has introduced stringent [Right to Rent](https://immigrationandvisasolicitors.co.uk/right-to-rent-scheme-uk-landlords/) and [Right to Wor](https://immigrationandvisasolicitors.co.uk/hr-advice-right-to-work-checks-penalties-ukvi-business-immigration/)[k](https://immigrationandvisasolicitors.co.uk/hr-advice-right-to-work-checks-penalties-ukvi-business-immigration/) checks in an attempt to encourage overseas nationals without valid Immigration status to regularise their status in the UK. The Home Office now proposes further amendments to the Immigration Act 2016 by introducing a new rigorous Right to Bank Check for banks and building societies to conduct on their existing customer accounts.* ## New Right to Bank Check under the Immigration Act 2016     Presently, banks and building societies are prohibited from opening bank accounts for disqualified persons. The Home Office has now further amended the Immigration Act 2016 by introducing an additional Right to Bank Check in respect of existing customers. The Home Office has introduced new ([sections 40A to 40H of the Immigration Act 2014](http://www.legislation.gov.uk/ukpga/2014/22/contents/enacted)) inserted in Schedule 7 of the [Immigration Act 2016](http://www.legislation.gov.uk/ukpga/2016/19/contents/enacted). The purpose of the Right to Bank Check is to encourage overseas nationals without Immigration status in the UK to act and regularise their status in the UK. In addition to this, the Home Office want to prevent and deter illegal immigration. The first new Right to Bank Check will come into force on 30 October 2017 and will be carried out by banks and building societies on 1 January 2018. Following this, a quarterly periodic Right to Bank Check will be conducted. Banks and building societies who fail to comply with the Right to Bank Check will be held accountable by the Financial Conduct Authority (FCA). A direct consequence of failing to comply with a Right to Bank Check may be financial penalties, restrictions and in some extreme cases criminal sanctions. ## Consequences of failing New Right to Bank Check under the Immigration Act 2016     After conducting a Right to Bank Check, if a bank or building society discovers that an existing customer does not have valid Immigration status in the UK they will have a duty to inform the Home Office.  It is then up to the Home Office to decide what action to take. There is a wide range of actions open to the Home Office to exercise. Please see a few examples below: - Requesting the bank or building society to shut down the account immediately. This will disrupt the Illegal migrant’s ability to reside in the UK; - Applying to the courts to freeze assets until removal directions are in place; and - Prosecute illegal migrants on the basis of working illegally and in some scenarios, the Home Office may recover proceeds from illegal working. It is clear that the Home Office has introduced the Right to Bank Check amongst other measures in an effort to create a hostile environment for illegal immigrants forcing them to either regularise their status in he UK or to voluntary depart to their country of origin. ## DVLA Right to Drive Check as well as Right to Bank Check The Home Office is also actively working with the Driver and Vehicle Licensing Agency (DVLA) in revoking driving licences of drivers who do not hold valid Immigration status in the UK. The Home Office and DVLA partnership is working well and has had great success as over 25,000 UK driving licences have been revoked since the start of this operation in 2014. A driving licence is an important identity document which could previously be used by overstayers to use to secure work and sign Tenancy Agreements. It is clear that the Home Office aims to make living standards for overstayers inhospitable forcing overstayers to voluntary depart the UK. ## Using Legal Representation to Comply with the Right to Bank Check and Regularise your UK Immigration Status Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on immigration law and your immigration status ensuring you comply with the Right to Bank Check. It is possible to instruct an immigration and visa legal representative to assist you with understanding and complying with a Right to Bank Check. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that you comply with the Right to Bank Check. ## Successfully Comply with the Right to Bank Check and Regularise your UK Immigration Status Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and whether you comply with the Right to Bank Check before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # UK Visa Success Story: Entry Clearance Spouse Visa Granted Source: https://immigrationandvisasolicitors.co.uk/entry-clearance-spouse-visa-granted-2/ *Once again, our solicitors have received wonderful news of a successful Entry Clearance Spouse Visa application. Our Client (‘The Applicant’) had previously applied for a Fiancée Visa application without any legal assistance but was refused on the basis she did not meet the requirements under the Immigration Rules. After speaking to our team of solicitors and barristers, the Applicant instructed us to prepare her application.  Our team solicitors and barristers have a great deal of knowledge and experience dealing with a wide range ok UK Visas and Immigration application and in particular Entry Clearance Spouse Visa applications.* ## The Case for an Entry Clearance Spouse Visa Application The Applicant was an American national who met the Sponsor in the UK. After their introduction to one another, the couple spent memorable time together and started dating shortly after. Over the course of their relationship the Applicant and Sponsor maintained their relationship through regular communication and often traveled together.  A couple of months later, the Sponsor decided to propose to the Applicant and a year later had a memorable wedding ceremony. Our solicitors identified that this was a complex case due the complexities regarding the Sponsor’s financial documents. In addition to this, the Applicant had already been refused an Entry Clearance Fiancée Visa on the basis she did not meet the requirements under the Immigration Rules. However, the Applicant instructed our immigration team and was informed about the issues relating to her case and was provided with bespoke legal advice ensuring her application had the best chance of success. With our assistance of our solicitors and barristers the Applicant submitted her application and was granted an Entry Clearance Spouse visa shortly after. ## Meeting the Financial Requirement for an Entry Clearance Spouse Visa The Home Office imposes a Minimum Financial Requirement of £18,600 and the most common way to meet this is through salaried employment. However if this is not met, there are other sources of income an individual may use. An Applicant can also combine different sources of income, but it is crucial to note that you fully understand the process of this. Please see below some of the different types of sources of income you can rely on: - Employment: Applicants can rely upon the Sponsors income from salaried employment or non-salaried employment. - Self-employment: Applicants can rely on the Sponsors income from self-employment as a director of a specified limited company in the UK. - Cash savings: If the Sponsor held cash savings for a period of more than 6 months - Pension: Applicants can rely on their Sponsors annual income from state or private pensions. Appendix FM-SE to the immigration rules sets out all the necessary information you will need to provide if you wish to rely on different categories of income. The evidence varies depending on which category an Applicant wishes to rely upon. ## Updated policy guidance on meeting financial requirement On 10 August 2017 the Home Office introduced changes to their Appendix FM Section 1.7 Appendix Armed Forces Financial Requirement Policy Guidance.  The new Policy Guidance introduces a new Unjustifiably Harsh Consequences Test for Entry Clearance Spouse Visa and Family Member Visa applications. The test takes into account any interest of children and alternative sources of income in meeting the Financial Requirement. However if the Home Office accepts that the refusal could lead to Unjustifiably Harsh Consequences, Applicants will be allowed to rely on other alternative sources, this includes: - Credible guarantee of sustainable financial support to the applicant or their partner from a third party; - Credible prospective earnings from the sustainable employment or self-employment of the applicant or their partner; or - Any other credible and reliable source of income or funds for the applicant or their partner, which is available to them at the date of application or which will become available to them during the period of limited leave applied for. It is important to note that the applicant will need to satisfy the Home Office the genuineness, credibility and reliability of the source of income, financial support or funds replied upon, on the basis of information and evidence they provide, having regard to certain factors. ## New Home Office Policy Guidance on meeting UK Spouse Visa eligibility requirements As of 10 August 2017, the much-awaited change to the UK Home Office Policy Guidance has now been revealed. We previously wrote about the impact of [MM Majid Javed v SSHD and the impending change to the Home Office Policy Guidance](https://web.archive.org/web/20170223131348/https://immigrationandvisasolicitors.co.uk/supreme-court-ruling-mm-majid-javed/) on meeting the Minimum Income Requirement under Appendix FM Immigration Rules for Spouse Visa and other Family Member visa applications. The new Home Office Policy Guidance essentially introduces a new Unjustifiably Harsh Consequences Test by considering any interests of children and alternative sources of income in meeting the [Minimum Income Requirement](https://immigrationandvisasolicitors.co.uk/minimum-income-requirement/). The new Unjustifiably Harsh Consequences Test applies in Spouse Visa and Family Member Visa applications, where applicants do not meet the Minimum Income Requirement under [Appendix FM Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members). However, if the Home Office accepts that the refusal could lead to unjustifiably harsh consequences; applicants will be permitted to rely on other alternative sources of income, financial support or other funds to make up the deficit in meeting the Minimum Income Requirement.**  ** The Home Office has inserted a new [paragraph 21A](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence) under [Appendix FM-SE](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence) Immigration Rules, which sets out where the Minimum Income Requirement is not met, a decision maker must take into account the sources of income, financial support or funds by way of: - A credible guarantee of sustainable financial support to the applicant or their partner from a third party; - Credible prospective earnings from the sustainable employment or self-employment of the applicant or their partner; or - Any other credible and reliable source of income or funds for the applicant or their partner, which is available to them at the date of the application or which will become available to them during the period of limited leave applied for. The full Home Office Policy Guidance can be accessed here in two parts: [Appendix FM Section 1.0a Family Life as a Partner or Parent – 5 year route LEXVISA Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/08/Appendix-FM-Section-1.0a-Family-Life-as-a-Partner-or-Parent-5-year-route.pdf) & [Family Life as a Partner or Parent and Private Life – 10 year routes guidance August 2015 LEXVISA Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/08/Family-Life-as-a-Partner-or-Parent-and-Private-Life-10-year-routes-guidance-August-2015.pdf) ## Using Legal Representation to Submit an Entry Clearance Spouse Visa Application Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an Entry Clearance Spouse Visa. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for an Entry Clearance Spouse Visa Application Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an Entry Clearance Spouse Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an Entry Clearance Spouse Visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an Entry Clearance Spouse Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/).   --- # Theresa May Confirms Simple Swap Process for EEA Settled Status in the UK Source: https://immigrationandvisasolicitors.co.uk/eea-settled-status/ *This morning, our Head of Immigration received an email from the Prime Minister, Theresa May, informing us of the latest update in regard to the future of EEA nationals in the UK post-Brexit, ahead of her trip to Brussels. In her email, Theresa May confirms there will be a simple swap process to EEA Settled Status, for EEA nationals who already hold EEA Permanent Residence in the UK.  * ## The Simple Swap Process for EEA Settled Status in the UK Under the 2006 EEA Regulations, EEA nationals who are exercising their Treaty Rights in the UK can currently apply for [EEA Permanent Residence](https://www.gov.uk/eea-registration-certificate), providing they meet the requirements. Since the UK voted to leave the EU, there has been a great amount of uncertainty for EEA nationals currently in the UK as to their status post-Brexit. However, early this morning Theresa May finally shed some light the status of EEA nationals after Brexit by stating: > *“Any EU citizen who holds Permanent Residence under the old scheme, there will be a simple process put in place to swap their current status for UK settled status”. * This confirms to the 3 million EEA citizens currently in the UK that their lawful status is protected and they will be able to swap their EEA Permanent Residence to EEA Settled Status. It is highly recommended that EEA nationals should therefore apply for EEA Permanent Residence if they have not yet done so, in order that they can benefit from this simple swap process. ## EEA Settled Status Rules Post-Brexit Once a Brexit deal is reached and the UK leaves the EU, it is likely the EEA Regulations will no longer apply, and EEA nationals will have to make their visa applications under new rules which are expected to be more stringent and harder to meet. It is predicted that the new EEA Settled Status rules will be similar to the requirements under the existing Immigration Rules for non-EEA migrants which will include meeting the: - Minimum financial requirement; - English Language Requirement and Life in the UK Test; and - Accommodation requirement. Although the Prime Minster mentioned that Comprehensive Sickness Insurance will no longer need to be demonstrated as is currently the case for EEA nationals who are studying or self-sufficient, post-Brexit it is anticipated there will be similar requirements which will need to be satisfied under the new EEA Settled Status rules. LEXVISA Immigration Lawyers based in Central London recently wrote that one of our clients had just been [granted EEA Permanent Residence](https://immigrationandvisasolicitors.co.uk/eea-permanent-residence-application/). If you are an EEA national looking to apply for EEA Permanent Residence before Brexit is finalised, contact our immigration team to ensure your application has the greatest chance of success and to give you the opportunity to swap your EEA Permanent Residence into EEA Settled Status. ## Apply for a British Passport under EEA Settled Status At present, EEA nationals can use their EEA Permanent Residence to apply for [British citizenship](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) after they have lived in the UK for a continuous period of 6 years. If the EEA national has only been in the UK for 5 years when they receive their EEA Permanent Residence then they must wait a further 12 months before applying for British citizenship. Yet, if the EEA national has already been in the UK for 6 years by the time they are granted their EEA Permanent Residence, then they are eligible to apply for British citizenship immediately. Under the new EEA Settled Status route post-Brexit however, an EEA national will be unable to apply for British citizenship as quickly, with the process being lengthier and more complex. Therefore it is advised that any EEA nationals who have yet to apply for EEA Permanent Residence do so before the UK leaves the EU and the procedures for settling in the UK are made less simple. ## Using Legal Representation to Make an EEA Settled Status Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an EEA Settled Status application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your EEA Settled Status application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your EEA Settled Status application meets the Immigration Rules. ## Successful EEA Settled Status Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your EEA Settled Status application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your EEA Settled Status application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful EEA Settled Status application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # LEXVISA Weekly Immigration Update 20 October 2017 Source: https://immigrationandvisasolicitors.co.uk/lexvisa-weekly-immigration-update-2/ *This week we set out how we can offer a bespoke and unique immigration and visa service through the LEXVISA Tourist Visitor Visa by not only preparing a strong visa application, but also by arranging tours around London as part of our Aftercare Service. LEXVISA is also pleased to announce the success of an EEA Permanent Residence application which we prepared for one of our clients. It is highly recommended that EEA nationals who have yet to obtain their EEA Permanent Residence document and wish to remain in the UK post-Brexit do so before the UK leaves the EU in light of Theresa May’s confirmation of the simple swap process to the new EEA Settled Status which is likely to be a stress-free and straightforward process than applying for EEA Settled Status after the UK has left the EU under the new EEA Settled Status rules.  * ## 1. LEXVISA Tourist Visitor Visa – A Bespoke and Unique Immigration and Visa Service Tourism is one of the main reasons why foreign nationals may make a [Standard UK Visitor Visa](https://web.archive.org/web/20190319122442/https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/) application. LEXVISA's specialist immigration team provide our clients with a bespoke and unique service from the initial advice during the consultation, to preparing the LEXVISA Tourist Visitor Visa application as strongly as possible by conducting a rigorous review process to ensure all the supporting documents not only meet but exceed Home Office requirements for the Standard UK Visitor Visa, in order for it to have the best chance of success. Further to our visa application service, because of our unique location in central London opposite the Royal Courts of Justice, LEXVISA can also offer an aftercare service for our LEXVISA Tourist Visitor Visa Applicants by arranging London bus tours and tours around Temple Church so that our clients get the most out of their visit to the UK. ## 2. EEA Permanent Residence Application Success Story EEA nationals who are currently exercising their Treaty Rights in the UK for a period of more than 5 years may be eligible to apply for an EEA Permanent Residence application document and can exercise Treaty Rights by searching for employment, working, studying or being self-sufficient. EEA nationals may be eligible to submit an EEA Permanent Residence Application if they can meet the eligibility requirements under the 2006 EEA Regulations. Non-EEA family members may also be eligible to apply for an  EEA [Permanent Residence](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) Application document. In order to apply, the non-EEA family member must demonstrate that he/she is the family member of ‘qualified person’ and that they are residing with them in the UK. Applicants applying for an EEA Permanent Residence application may be eligible to apply using the [European Passport Return Service](https://www.gov.uk/government/collections/european-passport-return-service). ## 3. Theresa May Confirms Simple Swap Process for EEA Settled Status in the UK Since the UK voted in favour of Brexit last year, there has been a great amount of uncertainty for EEA nationals currently in the UK as to their status post-Brexit. However, Theresa May has finally  given some reassurance for EEA nationals in the UK by confirming a simple swap process for EEA nationals to switch their current EEA Permanent Residence to the new EEA Settled Status. It is likely that once the UK leaves the EU, the EEA Regulations will no longer apply, and EEA nationals will have to make their visa applications under new rules which are expected to be more stringent and harder to meet. It is predicted that the new EEA Settled Status rules will be similar to the requirements under the existing Immigration Rules for non-EEA migrants. The process for EEA nationals qualifying for and making an application for [British citizenship](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) will also be more complex post-Brexit. Therefore it is recommended that EEA nationals who have yet to apply for [EEA Permanent Residence](https://www.gov.uk/eea-registration-certificate) do so before the UK leaves the EU and the procedures for settling in the UK are made less simple. ## Using Legal Representation to Prepare a UK Visas and Immigration Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visas and Immigration application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Visas and Immigration application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Visas and Immigration application meets the Immigration Rules. ## Successful UK Visas and Immigration Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Visas and Immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Business Investors can use an Investment Vehicle to Study and Work in the UK under the Tier 1 Investor Visa Application Route Source: https://immigrationandvisasolicitors.co.uk/business-investors-tier-1-investor-visa/ *Typically, the [Tier 1 Investor Visa](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) Application route under the Points Based System allows High Net Worth individuals to come to the UK in order to invest in UK business. However, by making certain smart investments, it may be possible for these individuals to study or work in the UK by using an Investment Vehicle under the Tier 1 Investor Visa Application route. LEXVISA Solicitors and Barristers are highly experienced in making a successful Tier 1 Investor Visa Application, and our affiliations within the financial services sector will no doubt assist Tier 1 Investor Visa Applicants with securing smart and safe investment opportunities, as well as advising on how to use certain investments as an Investment Vehicle as a way of facilitating education or employment whilst in the UK.* ## What is an Investment Vehicle under the Tier 1 Investor Visa Application Route? An Investment Vehicle is a bespoke investment product tailored to the needs of the Applicant to allow the Applicant to use some or all of the funds for the purposes of studying in the UK, working in the UK or purchasing property in the UK. In order to ensure that the Applicant uses the appropriate Investment Vehicle for their [Tier 1 Investor Visa](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) Application, they will need specific and detailed financial advice from our affiliated Wealth Management Company at London Stone Securities, being an FCA regulated company at Lloyd’s Avenue House, 6 Lloyd’s Avenue, London, EC3N 3AX; who have the specialist knowledge to devise the appropriate Investment Vehicle for the Tier 1 Investor Visa Applicant. ## Key Requirements for a Tier 1 Investor Visa Application The [Tier 1 Investor Visa](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) Application route allows Applicants to invest the sum of no less than £2 million in various investment and financial instruments such as bonds, gilts, shares and active trading or listed companies. It is important to note that the Applicant cannot invest in companies mainly engaged in property investment, property management or property development. The advantage of the Tier 1 Investor Visa Application is that there is no English Language requirement to apply. ## Accelerated Settlement under the 2 years Investment Route or 3 years Investment Route Tier 1 Investor Visa Applicants are also eligible for Accelerated Settlement under the 2 years Investment Route or 3 years Investment Route. To be eligible to settle under the 2 years Investment Route, the Applicant would have to show that they have invested the sum of no less than £10 million over the 2 year period. Alternatively, to be eligible to settle under the 3 years Investment Route, the Applicant would have to show that they have invested the sum of no less than £5 million over the 3 year period. The standard route to settlement under the Tier 1 Investor Visa is under the 5 years Investment Route, where the Applicant would have to show that they have invested the sum of no less than £2 million over the 5 year period. ## Using an Investment Vehicle to Settle in the UK under the Tier 1 Investor Visa Application Route Applicants can use an Investment Vehicle to settle in the UK under the Tier 1 Investor Visa. To determine the appropriate Investment Vehicle, the Applicant would need to decide the amount the investment available and whether they intend to settle under the Accelerated Settlement route in 2 or 3 years; or under the standard settlement route in 5 years. The Investment Vehicle options are: - £10 million investment to settle after 2 years; - £5 million investment to settle after 3 years; or - £2 million investment to settle after 5 years. The Investment Vehicle will mature on the Applicant obtaining a settlement visa in the UK with the Applicant having the opportunity of being paid the full initial investment on maturity. For further information and guidance on how to use an appropriate Investment Vehicle to enable you to study or work in the UK and settle in the UK whilst on the Tier 1 Investor Visa, our specialist solicitors and barristers will guide you the process and work in conjunction with our affiliated Wealth Management Company at [London Stone Securities](http://www.londonstonesecurities.co.uk/) at Lloyd’s Avenue House, 6 Lloyd’s Avenue, London, EC3N 3AX to obtain the best investment solutions for your Tier 1 Investor Visa Application. ## Using Legal Representation to Submit a Tier 1 Investor Visa Application Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a Tier 1 Investor Visa Application. Our [solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) will help you comply with the Home Office’s requirements and meet the UK Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1Investor Visa Application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Using our Affiliated Wealth Management Company to submit a Tier 1 Investor Visa Application Our Affiliated Wealth Management Company at [London Stone Securities](http://www.londonstonesecurities.co.uk/) are qualified to advise you on the broad range of financial investment products and achieve the best investment solutions for you for your Tier 1 Investor Visa Application. You can instruct one of our affiliated financial advisors to successfully assist you with the appropriate Investment Vehicle for your Tier 1 Investor Visa Application. ## Successfully Submit a Tier 1 Entrepreneur Visa or Tier 1 Investor Visa Application Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 1 Investor Visa Application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Tier 1 Investor Visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 1 Investor Visa Application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # LEXVISA Weekly Immigration Update 29 September 2017 Source: https://immigrationandvisasolicitors.co.uk/lexvisa-weekly-uk-immigration-update/ *The Home Office has developed a Hostile Environment Policy as a way of forcing illegal migrants in to either leave the UK voluntarily or make a UK Visas and Immigration Application to regularise your status in the UK, although the Home Office has been found to have been abusing its power by defying its own policies and law in an effort to reduce immigration in the UK. LEXVISA is pleased to announce the successful Turkish Businessperson Visa Application which we prepared and submitted for one of our clients. LEXVISA is also pleased to announce its affiliation with London Stone Securities, an FCA regulated Wealth Management Company with whom we have been able to devise a suitable Investment Vehicle for Business Investors to use to study or work in the UK under the Tier 1 Investor Visa Application route.* ## 1. Does the Home Office’s Hostile Environment Policy Justify their Failure to Uphold the Law? The Home Office’s Hostile Environment Policy is designed to limit foreign national’s access to essential services by way of [Right to Work Checks](https://immigrationandvisasolicitors.co.uk/right-to-work-check-immigration-act-2016/), [Right to Rent Checks](https://web.archive.org/web/20170214075948/https://immigrationandvisasolicitors.co.uk/right-to-rent-eea-nationals/), [Right to Bank Checks](https://immigrationandvisasolicitors.co.uk/right-to-bank-check/) and medical treatment in the UK. The Home Office has been accused of abusing its’ power as a public interest body by applying the Hostile Environment Policy not only to the illegal migrants that it is aimed at, but also to lawful residents and vulnerable persons who the UK immigration law is designed to protect. Examples of the Home Office abusing its power by way of the Hostile Environment Policy can be seen in the recently highly publicised cases of [Haurko Tomioka](https://www.theguardian.com/uk-news/2017/sep/18/fighting-the-home-office-womans-traumatic-two-year-battle-to-stay-in-uk) and [Samim Bigzad](http://www.independent.co.uk/news/uk/home-news/samim-bigzad-amber-rudd-deport-afghanistan-contempt-high-court-home-office-kabul-pilot-plane-a7957451.html). The Home Office can be challenged if their exercise of the Hostile Environment Policy is seen to be contrary to their own immigration policy and/or the law or if any decisions made are unreasonable or unfair. Challenge may be brought by perusing the Home Office to realise their mistakes and reverse their decision, or as a last resort by way of [Immigration Judicial Review](https://immigrationandvisasolicitors.co.uk/immigration-judicial-review/). ## 2. Successful Entry Clearance under the Turkish Businessperson Visa Our specialist immigration team prepared and submitted a successful [Turkish Businessperson Visa](https://web.archive.org/web/20170114012951/https://immigrationandvisasolicitors.co.uk/turkish-business-person-visa-uk-ankara/) Application, despite the strict Home Office requirements under the [Turkish EC Association Agreement 1973](https://web.archive.org/web/20170713071241/http://trade.ec.europa.eu:80/doclib/docs/2003/december/tradoc_115266.pdf) (“the Ankara Agreement”). Only Turkish nationals can apply for a Turkish Businessperson Visa, with the purpose of either starting a new business in the UK or investing in an already established UK business. Turkish Businessperson Visa Applicants can also have their family members join them in the UK as long as they meet the requirements. If the family members are already in the UK they may wish to switch from their current visa to become a dependent of a Turkish Businessperson. ## 3. Business Investors can use an Investment Vehicle to Study and Work in the UK under the Tier 1 Investor Visa Application Route An Investment Vehicle is a bespoke investment product tailored to the needs of a [Tier 1 Investor Visa](https://web.archive.org/web/20170713071241/http://trade.ec.europa.eu:80/doclib/docs/2003/december/tradoc_115266.pdf) Applicant for the purposes of studying in the UK, working in the UK or investing in property in the UK. The Applicant will need to ensure that all of the requirements of the Tier 1 Investor Visa can be met from our specialist immigration solicitors and barristers, who will then work in conjunction with our affiliated Wealth Management Company at [London Stone Securities](http://www.londonstonesecurities.co.uk/) at Lloyd’s Avenue House, Lloyd Avenue, London, EC3N 3AX, who will be able to give specific and detailed financial advice about the appropriate Investment Vehicle. The Investment Vehicle will then mature on the Applicant obtaining a settlement visa, either under the 2 year or 3 years Accelerated Settlement Route, or the standard 5 Year route. ## Using Legal Representation for your UK Immigration Matter Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with making a UK Visa application. Our solicitors and Barristers will help you comply with the UK Home Office Immigration Rules and requirements and meet the UK Immigration Rules. Caseworkers at the UK Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Home Office Immigration Rules. ## Successful UK Immigration Applications Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Immigration & Visa application before your application even reaches the UK Home Office Visa & Immigration department. We can assist you with the preparation and submission of a UK Immigration & Visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration & Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Brexit Negotiations Update: UK and EU reach a sticking point over EEA Residence Rights and Settled Status Source: https://immigrationandvisasolicitors.co.uk/brexit-negotiations/ *The fourth round of recent [Brexit Negotiations](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/648148/September_-_Joint_technical_note_on_the_comparison_of_EU-UK_positions_on_citizens__rights.pdf) between the United Kingdom (UK) and European Union (EU) has now concluded. Whilst there are some promising signs for EEA nationals holding valid residence documents in the UK. There are still areas of uncertainty for EEA nationals and their family members who have not secured a valid residence document in the UK. Therefore it is recommended that EEA nationals and their family members act fast and seek [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) advice on securing their future in the UK.* ## Brexit Negotiations Update: Latest on the EEA Settled Status document In recent Brexit negotiations, the EU has called for an improved system allowing EEA nationals to apply for the new Settled Status document before the UK‘s withdrawal from the EU. In response, the UK has promised a new streamlined cost-effective process for EEA nationals to convert their residence document into a [Settled Status](https://immigrationandvisasolicitors.co.uk/settled-status/) Document. The UK has promised a “*Streamlined process and reduced or no costs for current holders of permanent residence documents to exchange for updated UK documentation. This will simply entail verification of ID, a criminality check and confirmation of ongoing residence, in recognition of the fact that they have already been through a process assessing their qualifying residence period.”* In addition to this, the EU has also demanded the UK to consider EEA nationals living and working in the UK as legal residents regardless whether they hold a residence document. However, there is still uncertainty about whether the EU and UK will come to an agreement on this particular point as the UK has remained silent and seems to have overlooked this point in recent Brexit Negotiations. Throughout the Brexit Negotiations, the EU has remained focused on getting clear and assured answers from the UK in relation to the residence rights for EEA nationals currently exercising their Treaty Rights in the UK. ## Brexit Negotiations Update: Who can apply for EEA Settled Status document? It is becoming very clear from recent Brexit Negotiations that EEA nationals who currently hold a valid residence document in the UK will benefit from the proposed new streamlined process in applying for an EEA Settled Status document. In theory, this process should be a quick transition from the EEA Permanent Residence document into the EEA Settled Status document. However, it is not clear what the new process entails and what costs it may involve. The next round of Brexit Negotiations is likely to include more information on the logistics behind the EEA Settled Status document. EEA nationals and their family members who have not acquired Permanent Residence documents in the UK should be concerned as their future remains unclear. The UK Government has failed to clarify their stance on whether these individuals will also be permitted to apply for a EEA Settled Status document or would they need to regularise their status in the UK under the Immigration Rules and not the favourable EEA Regulations. ## Brexit Negotiations Update: The Future for EEA Family Reunification Post Brexit The UK and EU have also failed to make progress on the family reunification rights for EEA Nationals and as a result, it remains uncertain on what the future holds for EEA families following the fourth round of Brexit Negotiations. The EU is demanding similar family reunification rights for EEA nationals post Brexit. It is highly unlikely for the UK Goverment to come to an agreement with the EU on this point in the near future. British politician David Davis has recently suggested that EU nationals will not be given favourable treatment post-Brexit and they should not be treated any differently to British Citizens. If this were the case, family reunification applications would have to be made under the Immigration Rules and not EEA Regulations. Family reunification applications under the Immigration Rules can be challenging as there are stricter requirements to be satisfied. ## Using Legal Representation for EEA Settled Status following Brexit Negotiations Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with making a UK Visa application following Brexit Negotiations. Our solicitors and Barristers will help you comply with the UK Home Office Immigration Rules and requirements and meet the UK Immigration Rules. Caseworkers at the UK Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Home Office Immigration Rules. Our Solicitors and Barristers are always up to date with Brexit Negotiations and can advise on complex EEA legal problems. ## Successful UK Immigration Applications for EEA Settled Status following Brexit Negotiations Our team of solicitors and barristers are specialist immigration lawyers who act in your best interests and are aware of recent Brexit Negotiations. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Immigration & Visa application before your application even reaches the UK Home Office Visa & Immigration department. We can assist you with the preparation and submission of a UK Immigration & Visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration & Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/) --- # How to Stay Compliant on a Tier 2 Sponsor Licence under the May Administration Source: https://immigrationandvisasolicitors.co.uk/tier-2-sponsor-licence-may-administration/ *Since becoming Prime Minister on 13 July last year, one of Theresa May’s main focuses has been to reduce the UK’s net migration figure to “sustainable levels”. Recent statistics highlight that the UK’s net migration figure is down by 81,000 on the previous year, thus demonstrating that the May Administration is being successful with her ambitions. This reduction could be largely due to the Home Office’s strict compliance visits on premises owned by Tier 2 Sponsor Licence holders, which have removed many illegal foreign workers, or those who do not fully comply with the Home Office compliance checks, resulting in Tier 2 Sponsor Licences being revoked and Tier 2 Visas being curtailed. * ## UK Immigration Figures on a Tier 2 Sponsor Licence under May Administration One of Theresa May’s key policies was the aim to reduce the UK’s net migration figure to fewer than 100,000. The Office for National Statistics (ONS) has found that from March 2016 to March 2017, the UK’s net migration figure was 246,000, compared with 327,000 from the previous year.  Therefore, the Prime Minister appears to be on target, by introducing harsh and robust Home Office Policy Guidelines in order to deter foreign nationals from submitting UK Visa applications. For example, across the UK the Home Office is carrying out rigorous compliance visits on [Tier 2 Sponsor](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) Licence holders, which includes the [Right to Work Check](https://immigrationandvisasolicitors.co.uk/hr-advice-right-to-work-checks-penalties-ukvi-business-immigration/) and [Right to Bank Check](https://immigrationandvisasolicitors.co.uk/right-to-bank-check/), in order to curb illegal working and immigration in the UK. This has left a certain gap in the UK job market whereby positions need to be filled, yet many British nationals are unwilling or unable to fill these gaps, thus the need to hire foreign workers. The [Shortage Occupation List](https://immigrationandvisasolicitors.co.uk/shortage-occupation-list-sponsor-licence/), under [Appendix K of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list) lists all of the professions in the UK where there is a shortage of workers, which is therefore attractive to foreign workers seeking to come to the UK. ## Tier 2 Sponsor Licence: May Administration Immigration Policy v The Labour Party Immigration Policy The political climate in the UK is uncertain to say the least, and it is no secret that Theresa May’s bid to reaffirm her position and authority was greatly unsuccessful, with faith in her leadership capabilities now dwindling. If the Labour Party was to become the next UK Government, the attitude towards foreign workers employed by a Tier 2 Sponsor Licence holder would be a stark contrast. During the recent General Election, The Labour Party, whilst not committed to a definitive target, promised fairer Immigration Rules with talk of the possible visa route for unskilled workers wishing to come to the UK. However, this had been dubbed by opposition as “improper” immigration policy. ## Stay Compliant on a Tier 2 Sponsor Licence under the May Administration For the time being however, Theresa May and her stringent immigration policies are here to stay, therefore it is important to comply with Home Office regulations and requirements. As a Tier 2 Sponsor Licence holder, it is important that you carry out [Right to Work Checks](https://immigrationandvisasolicitors.co.uk/hr-advice-right-to-work-checks-penalties-ukvi-business-immigration/) and are always prepared for the Home Office’s unannounced Tier 2 Sponsor Licence Compliance Visits. If you are a foreign worker employed by a Tier 2 Sponsor Licence holder, it is imperative that you have a valid Tier 2 Visa or the right to work in the UK. It is highly recommended you contact our specialist immigration law firm in to ensure you are compliant under the May Administration. ## Using Legal Representation to Stay Compliant on a Tier 2 Sponsor Licence under the May Administration Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to stay compliant on a Tier 2 Sponsor Licence under the May Administration. Caseworkers at the UK Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Home Office Immigration Rules. Our Solicitors and Barristers are always up to date with Brexit Negotiations and can advise on complex Immigration matters. ## Successfully Stay Compliant on a Tier 2 Sponsor Licence under May Administration Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of a Tier 2 Sponsor Licence Compliance Visit and the merit of your Tier 2 Home Office Compliance Visit before your matter even reaches the Home Office UK Visa & Immigration. We can assist you with the preparation of a Tier 2 Sponsor Licence Compliance Visit and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Tier 2 Sponsor Licence Compliance Visit. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Success Story: EEA Permanent Residence Granted Source: https://immigrationandvisasolicitors.co.uk/success-story-eea-permanent-residence/ *LEXVISA is delighted that we recently received the news that our client and his son (“the Applicants”) were granted confirmation of their EEA Permanent Residence in the UK. In our initial consultation with the Applicant, we discovered the circumstances and facts surrounding his application and were instructed for the preparation and submission of the EEA Permanent Residence applications.* ## The Case for EEA Permanent Residence The main Applicant is a Romanian national who first entered the UK in 2004 on a Work Permit Dependent Visa to join his wife, who is a British citizen resident in the UK, and has been exercising his Treaty Rights as an EEA national in the UK since Romania joined the EU in 2007. The second Applicant is the main Applicant’s son, who is also a Romanian national, was born in the UK in 2008. Through our meticulous and thorough process, our immigration team managed to flag out any issues to the client of any potential issues with the application for EEA Permanent Residence and managed to prepare the application as strongly as possible by accompanying the EEA Permanent Residence application with our bespoke legal representations. ## Requirements for EEA Permanent Residence Applications Those who are wishing to apply for EEA [Permanent Residence](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) in the UK will first need to satisfy the [Home Office requirements](https://www.gov.uk/eea-registration-certificate/permanent-residence) which include: - Applicants must be a national of an EEA country; - Applicants must be a qualified person; - Applicants must be able to demonstrate 5 years continuous residence in the UK; and - Applicants must not have any excess absences from the UK. You can also apply for EEA Permanent Residence if you are the family member of an EEA national who is a ‘qualified person’ and you are residing with them in the UK or you may apply if you came to the UK as the family member of an EEA national and then you retained a right of residence. Applicants applying for EEA Permanent Residence are eligible to apply using the [European Passport Return Service](https://www.gov.uk/government/collections/european-passport-return-service). ## EEA Permanent Residence after Brexit As result of the Brexit vote and the UK’s decision to leave the EU, free movement in the EU will end and EU citizens will urgently be required to acquire permission to stay in the UK. This has understandably created a great deal of uncertainty amongst EEA nationals who are in the UK and are unsure of what status they will have in the UK once the UK formally leaves the EU.  However, there have been proposals to convert EEA Permanent Residence into [Settled Status](https://immigrationandvisasolicitors.co.uk/eea-permanent-residence-grace-period/), and if you are an EEA national with concerns about applying for EEA Permanent Residence, do not hesitate to contact our specialist immigration lawyers to get professional advice on your next steps. ## Using Legal Representation to Apply for EEA Permanent Residence Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an EEA Permanent Residence application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful EEA Permanent Residence Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # LEXVISA Weekly Immigration Update 6 October 2017 Source: https://immigrationandvisasolicitors.co.uk/lexvisa-uk-visa-immigration-update/ *The fourth round of Brexit Negotiations concluded last week, which highlighted that there are still certain areas of uncertainty regarding the settlement of EEA nationals and their family members in the UK who have not yet secured a valid residence document in the UK. In order to meet Theresa May’s ambition of reducing the UK’s net migration figures to “sustainable levels”, it is important for Tier 2 migrants and Tier 2 Sponsor Licence holders to stay compliant under the Home Office’s stringent guidelines. We are also delighted with the excellent news this week that our client and his dependent son's EEA Permanent Residence visa applications were successful and they are now in the process on embarking the next step to obtaining British citizenship. LEXVISA Immigration Lawyers will prepare any UK Visa application as strongly as possible to ensure it has the greatest chance of success, so please contact our offices today to speak with a member of our team.  * ## 1. Brexit Negotiations Update: UK and EU reach a sticking point over EEA Residence Rights and Settled Status During the [Brexit Negotiations](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/648148/September_-_Joint_technical_note_on_the_comparison_of_EU-UK_positions_on_citizens__rights.pdf), the EU has called for an improved system which allows EEA nationals to apply for the new Settled Status document before the UK leaves the EU. In response, the UK has promised a new streamlined and cost-effective process for EEA nationals to convert their residence document into a [Settled Status](https://immigrationandvisasolicitors.co.uk/settled-status/) document, although there are no details yet to be provided as to how much this process may cost and what it will entail. The EU also wants the UK to give consideration to EEA nationals who are exercising their Treaty Rights in the UK, regardless of whether they hold a residence document. However, the UK has remained silent on this point, which means the future for many EEA nationals in the UK is uncertain, which is why it is important to speak with our specialist Immigration Lawyers London to get advice regarding EEA Rights of Residence. ## 2. How to Stay Compliant on a Tier 2 Sponsor Licence under the May Administration The UK Home Office often carries out unannounced compliance visits on [Tier 2 Sponsor Licence](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) holders which include [Right to Work Checks](https://immigrationandvisasolicitors.co.uk/hr-advice-right-to-work-checks-penalties-ukvi-business-immigration/) and [Right to Bank Checks](https://immigrationandvisasolicitors.co.uk/right-to-bank-check/), in order to curb illegal working and immigration in the UK, as one of the ways to meet the Prime Minister’s target of reducing the UK’s net migration figure to 100,000. These stringent guidelines have left gaps in the UK job market, with British nationals either unable or unwilling to fill them, which is why jobs on the [Shortage Occupation List](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list) are appealing for foreign workers who are willing to do these jobs. ## 3. Success Story: EEA Permanent Residence Granted We are delighted that one of our clients and his son were granted confirmation of their EEA Permanent Residence in the UK after we had meticulously prepared their applications, ensuring they provided all the relevant supporting documents needed to satisfy the Home Office’s strict [requirements](https://www.gov.uk/eea-registration-certificate/permanent-residence). It is also possible for family members of EEA nationals to apply for EEA Permanent Residence. As previously mentioned, post-Brexit EEA nationals in the UK may need to convert their EEA Permanent Residence into Settled Status under the UK’s proposals. It is important to speak with our specialist immigration team in order to get professional legal advice regarding status in the UK as an EEA national or family member of an EEA national who is exercising Treaty Rights in the UK. ## Using Legal Representation to prepare a UK Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with making a UK Visa application. Our solicitors and Barristers will help you comply with the UK Home Office Immigration Rules and requirements and meet the UK Immigration Rules. Caseworkers at the UK Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Home Office Immigration Rules. ## Successful UK Visa Applications Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Visa application before your application even reaches the UK Home Office Visa & Immigration department. We can assist you with the preparation and submission of a UK Visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # UK Visa Success Story: Entry Clearance Spouse Visa granted Source: https://immigrationandvisasolicitors.co.uk/spouse-visa-application/ *Our solicitors and barristers recently received the wonderful news that a client (the Applicant) had been granted an [Entry Clearance Spouse Visa](https://web.archive.org/web/20170116000810/https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) to the UK, as the spouse of a British citizen who is present and settled in the UK. In our initial consultation with the Applicant, we discovered the client’s circumstances and facts surrounding her [Entry Clearance Spouse Visa](https://web.archive.org/web/20170116000810/https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) application. The Applicant expressed her intention to opt for the Settlement Priority Visa service as she had been offered a job in the UK and therefore needed a decision on her application as soon it was practicable.  * ## The case for an Entry Clearance Spouse Visa Application The Applicant was a USA national residing and working in British Columbia, Canada. The Applicant met the Sponsor at her place of work and began dating shortly after.  After several months, the Applicant and Sponsor decided to get married. From the onset, our solicitors had advised the Applicant that this was a difficult application as they would have to collect all the required specified and supporting documents in a short space of time. In addition to this, it was essential there documents were in the correct format and had the necessary information. However, our team of expert solicitors assured the client that we could assist submit a successful application and that our solicitors often assist clients in similar situations to hers. The Applicant instructed us to prepare and assist with the submission of her application. ## How we can assist submit a successful Entry Clearance Spouse Visa Application In this particular case, we were instructed that the Applicant was going to opt for the Settlement Priority Visa Service. Therefore, it was important her application was prepared and presented in accordance with the Home Office guidance.  Our solicitors and barristers successfully guided the Applicant through the application process and prepared strong legal representations which focussed on how the Sponsor satisfied the immigration rules for an Entry Clearance Spouse Visa application. Unlike some practices, Our Solicitors and Barristers are fully qualified at the highest level and regulated by the Solicitors Regulation Body (SRA). Our specialist Immigration Team works closely with Applicants ensuring that all the mandatory documents are collected for the application. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her documents to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with the online visa application form and the financial requirements form. ## Overcoming Home Office Delays on Entry Clearance Spouse Visa Application Despite the Applicant opting and paying for the Settlement Priority Visa Service, her application was disproportionately delayed and as a result causing her excessive inconvenience and stress. Unfortunately, it is not uncommon for Applicants to experience severe Home Office delays on Entry Clearance Spouse Visa applications. As a result of unexpected and disproportionate delays, Applicants are being left in difficult waters as they are losing out on valuable employment and education opportunities. In this case, the Applicant had been offered a job and the Home Office delays had put the job offer in jeopardy. Our Solicitors and Barristers were able to apply pressure to the Home Office by writing and communicating with the Home Office requesting for the Applicant to be given a decision without further delay. There are limited actions that can be taken to the Home Office where it has failed to process an application or fails to provide a decision on a UK Visa and Immigration application in accordance with its standard processing times. The Home Office can be contacted via phone email and but they have recently [changed its procedure](https://www.gov.uk/government/news/customer-enquiry-service-changes) and have started to charge for their time. The Home Office now charge £1.37 for every call and £5.48 for emails. As a last resort Applicants can write to their local MP’s to inquire about why their application is being delayed as well to report a Home Office failure in providing adequate responses to queries.  Whilst this is an option available for Applicants, there is no obligation for the Home Office to respond to an MP letter, therefore, it may be best to obtain legal assistance in chasing Home Office for decisions. ## Using Legal Representation to Submit an Entry Clearance Spouse Visa Application Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an Entry Clearance Spouse Visa. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Apply for an Entry Clearance Spouse Visa Application Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an Entry Clearance Spouse Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an Entry Clearance Spouse Visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an Entry Clearance Spouse Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Future looks promising for Tier 4 Students and Tier 1 Investors and Entrepreneurs in the UK Source: https://immigrationandvisasolicitors.co.uk/tier-4-students-and-tier-1-investors-and-entrepreneurs/ *A year and several months later, there is still political and economic uncertainty regarding the United Kingdom’s future following its decision to leave the European Union (EU). Recent reports suggest that the pound currency has also dropped its value and as a result, the business and education sectors in the UK are starting to raise concerns about the future of their respective sectors in the UK. Despite the unrest, Home Secretary, Amber Rudd has reassured the public that the UK is still one of the leading places for Tier 4 Students and Tier 1 Investors and Entrepreneurs.     * ## The future is bright for Tier 4 Students and Tier 1 Investors and Entrepreneurs The UK Government has recently been criticised by experts in the business and academic sectors for failing to provide satisfactory assurances for the future of business and education opportunities in the UK. The primary concern is the UK Government’s everlasting focus on cutting down net migration and failure to acknowledge the risk of facing a shortage of workers in the UK. In addition to this, it is still unclear what free movement rights European Economic Area (EEA) workers may have following the UK's departure from the European Union (EU). The Home Secretary Amber Rudd has attempted to allay concerns on the post-Brexit labour shortages by promising to work with the UK Government’s independent advisers on migration in preparing reports on the impact of free movement on the British economy and the value those international students bring to the education sector. These reports would hopefully provide an insight on the future of the business and education sectors. The contents of these reports are yet to be seen but Amber Rudd has recently stated suggested that future is bright for the business and education sectors. She has recently stated that she is: > "committed to working with businesses, both large and small; to make sure we don’t impose unnecessary burdens, or create damaging labour shortages.” "We’ll be taking these decisions on the basis of comprehensive new evidence.” ## The UK Still Ideal for Tier 4 Students and Tier 1 Investors and Entrepreneurs Despite the recent concerns, the UK is still one of the leading places for Tier 4 Students as the UK is the home to some of the best educational institutions in the UK. Similarly, the UK is an attractive investment location as Applicants investing in the UK could benefit from settlement rights. International students can apply for a Tier 4 Student visa if they have been offered a place on the course and can demonstrate that they can accommodate and maintain themselves in the UK.  Applicants must also be able to show that they can [speak, read, write and understand English](https://www.gov.uk/tier-4-general-visa/knowledge-of-english). The Tier 1 Investor and Entrepreneur route is a well-sought route under the Immigration Rules for high net business peoples wanting to invest in the UK. The two applications are very different in nature, The [Tier 1 Investor Visa](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) route is available to high net worth individuals who intend on making substantial financial investments in the UK. he minimum amount that the Applicant must have is £2m and Applicants must demonstrate that they have opened a bank account in the UK for the purpose of investing at least £2m. Unlike the Tier 1  Entrepreneur route Applicants are not required to provide evidence of maintenance as well as meet any English language requirements, which makes this particular visa very popular. We have recently written about Applicants potentially using an [investment vehicle](https://immigrationandvisasolicitors.co.uk/business-investors-tier-1-investor-visa/) to invest in the UK under the Tier 1 Investor visa route to work and study in the UK. The [Tier 1 Entrepreneur visa](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/) is also a very popular visa for Applicants who aim to come to either set up a new business or to take over an existing business. Applicants are required to provide evidence that they have access to a minimum of £200,000 in investment funds ready and available to invest in the UK. The Tier 1 Entrepreneur visa initially allows Applicants to be in the UK for a maximum period of 3 years and 4 months, after which Applicants may then apply for an extension for a further 2 years. ## Using Legal Representation for Tier 4 Students and Tier 1 Investors and Entrepreneurs Applications Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your Tier 4 Students and Tier 1 Investors and Entrepreneurs applications. You can instruct one of our immigration and visa legal representatives to successfully assist you with making a Tier 4 Students and Tier 1 Investors and Entrepreneurs. Our solicitors and Barristers will help you comply with the UK Home Office Immigration Rules and requirements and meet the UK Immigration Rules for a Tier 4 Students and Tier 1 Investors and Entrepreneurs application. Caseworkers at the UK Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Home Office Immigration Rules. ## Successful Tier 4 Students and Tier 1 Investors and Entrepreneurs Applications Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 4 Students and Tier 1 Investors and Entrepreneurs application even reaches the UK Home Office Visa & Immigration department. We can assist you with the preparation and submission of a Tier 4 Students and Tier 1 Investors and Entrepreneurs application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 4 Students and Tier 1 Investors and Entrepreneurs application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # EEA Retained Rights of Residence after Brexit Source: https://immigrationandvisasolicitors.co.uk/eea-retained-rights-of-residence/ *EEA nationals who are exercising their Treaty Rights in the UK may have their non-EEA national family members join them in the UK by way of an EEA Family Permit. If however, circumstances change between the EEA national and their non-EEA national family member, the non-EEA family member may be able to Retain their Rights of Residence in the UK. In order to obtain EEA Retained Rights of Residence, contact LEXVISA Immigration Lawyers London to ensure you meet all of the requirements and understand your position after Brexit.  * ## What is EEA Retained Rights of Residence? The non-EEA family members of EEA nationals who are exercising their Treaty Rights in the UK can apply for an EEA Family Permit to join their EEA family member in the UK. Non-EEA nationals who have been issued with an EEA Residence Card and then later wish to apply for Retained Rights of Residence will then need to satisfy certain requirements. EEA Retained Rights of Residence can be obtained in circumstances where: - the EEA national has died; - the EEA national and the non-EEA national partner have divorced; or - the EEA national leaves the UK. Non-EEA family members who are the parent of an EEA national child may also retain the right of residence in the UK. Requirements for the EEA Retained Rights of Residence can be found under Regulation 10 of the Immigration (European Economic Area) Regulations 2006 (“EEA Regulations”). There may be difficulties in meeting the requirements under Regulation 10(5) of the [EEA Regulations](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/590102/Family-members-of-EEA-nationals-who-have-retained-the-right-of-residence-v3_0.pdf) situations where the relationship with the EEA national has not ended amicably which is why it is helpful to gain legal advice from our specialist immigration team before making an application based on EEA Retained Rights of Residence. ## Applying for EEA Retained Rights of Residence after Brexit The uncertainty of Brexit has generated a great deal of concern for many foreign nationals in the UK who are unsure how to regularise their status. EEA Retained Rights of Residence may no longer be an option for non-EEA family members of the EEA nationals exercising Treaty Rights in the UK whose circumstances have changed, and the non-EEA nationals may have to apply under the Immigration Rules on the basis of once the UK has left the EU. The Immigration Rules are stricter, with harsher Home Office requirements which need to be satisfied compared with the EEA Regulations, which is why is it important to contact an immigration specialist such as our immigration solicitors and barristers in order to see whether you meet the Home Office requirements under the Immigration Rules and assist with any UK visa applications which are complex and often catch applicants out. ## Using Legal Representation to Apply for EEA Retained Rights of Residence Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an EEA Retained Rights of Residence application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful EEA Retained Rights of Residence Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # Tier 2 Work Visa Overview Source: https://immigrationandvisasolicitors.co.uk/uk-tier-2-work-visa-overview/ *Skilled overseas migrants may apply for a Tier 2 Work Visa in order to come to the UK to accept a job offer from a UK based employer. Tier 2 Work Visa applicants must ensure that they have a Certificate of Sponsorship from a Home Office Licenced Sponsor before submitting their Tier 2 Work Visa application, as well as meeting all of the other UK Visas and Immigration (UKVI) requirements. Similarly, Tier 2 Sponsor Licence holders must ensure they are compliant with the UK Home Office’s stringent requirements in order to avoid any hefty fines, or even the revocation of their Tier 2 Sponsor Licence. * ## What is a Tier 2 Work Visa? A Tier 2 Work Visa allows skilled migrant workers to come and take up employment in the UK. There are 4 Tier 2 Work Visa categories which are: - Tier 2 General Work Visa; - Tier 2 Intra-Company Transfer (ICT) Work Visa; - Tier 2 Sportsperson Work Visa; and - Tier 2 Minister of Religion Work Visa. ## Requirements for a Tier 2 Work Visa All Tier 2 Work Visa applicants must be able to meet the maintenance and English Language Requirements. Applicants must also have a Certificate of Sponsorship from a Home Office licenced sponsor before making a Tier 2 Work Visa application to any of the above mentioned categories. The Shortage Occupation List, under [Appendix K of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list), defines which jobs have a shortage of skilled professionals within a certain profession in the UK which includes nurses and chefs at non-take away restaurants. ## Harsher Tier 2 Work Visa Requirements for Tier 2 Sponsor Licence Holders The Tier 2 General Work Visa is the most popular Tier 2 Work Visa category, despite the Home Office’s enforcement of harsher requirements, such as increasing the [Minimum Salary](https://immigrationandvisasolicitors.co.uk/tier-2-settlement/) for Tier 2 Work Visa Settlement applications to £35,000 last year and the introduction of the [Immigration Skills Charge](https://immigrationandvisasolicitors.co.uk/tier-2-sponsor-licence-holders-immigration/) in April this year. These requirements were put in place by Theresa May to put a financial strain on Tier 2 employers looking to employ migrant workers and encourage them to employ British nationals. Further, UK employers must demonstrate they have conducted the [Resident Market Labour Test ](https://www.gov.uk/uk-visa-sponsorship-employers/job-suitability)before employing a non-EEA migrant worker to demonstrate that no suitable British national could be found to fill the position. Additionally, Tier 2 Sponsor Licence holders must ensure they are compliant with the Immigration Rules and the Home Office’s Tier 2 Sponsor Licence Policy Guidance, in order to avoid having to pay a [hefty fine](https://immigrationandvisasolicitors.co.uk/ukvi-penalties-fines-uk-business/) or have their Tier 2 Sponsor Licence revoked. This has been monitored by UKVI increasing the amount of unannounced Tier 2 Work Visa [compliance visits](https://immigrationandvisasolicitors.co.uk/ukvi-compliance-audits/) over the past year, which includes making sure that Tier 2 Sponsor Licence holders carry out Right to Work checks of their employees every 3 months. ## Using Legal Representation to Apply for a Tier 2 Work Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 Work Visa application. A Sponsor Licence application can be complicated at times as the Home Office have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the Sponsor Licence process. We ensure that we assist you to achieve and maintain an A-rated Sponsor status and provide ongoing compliance checks to ensure you are aware of your duties as a registered Sponsor. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 2 Work Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # LEXVISA Weekly Immigration Update 13 October 2017 Source: https://immigrationandvisasolicitors.co.uk/immigration/ *LEXVISA is pleased to announce the recent success of an Entry Clearance Spouse Visa application which we prepared for one of our clients who is a USA citizen residing in Canada. There is also promising news for Tier 4 Students and Tier 1 Investors and Entrepreneurs in the UK post-Brexit, as the UK Government has openly welcomed high net worth individuals and those who are seen to benefit the UK. The future is appearing less hopeful for non-EEA nationals who may be looking at Retained Rights of Residence post-Brexit as they may find themselves having to make an application under the Immigration Rules, which are far more stringent than the EEA Regulations. We have also highlighted the requirements for a Tier 2 Work Visa and the barriers that Theresa May has put in place for Tier 2 Sponsor Licence holders in a bid to encourage UK employers to employ British nationals before foreign migrants. * ## 1. UK Visa Success Story: Entry Clearance Spouse Visa granted We had more wonderful news this week that one of the Clients from the USA was granted an Entry Clearance Spouse Visa to the UK. The Applicant was a USA National residing and working in British Columbia, Canada. In this particular case, we were instructed that the Applicant was going to opt for the Settlement Priority Visa Service as she had been offered a job in the UK which required an imminent start. Our solicitors and barristers successfully guided the Applicant through the application process and prepared strong legal representations which focused on how the Sponsor satisfied the immigration rules for an Entry Clearance Spouse Visa application. Unlike some regulated practices, Our Solicitors and Barristers are fully qualified at the highest level and regulated by the Solicitors Regulation Body (SRA). Our specialist Immigration Team works closely with Applicants ensuring that all the mandatory documents are collected for the application. ## 2. Future looks promising for Tier 4 Students and Tier 1 Investors and Entrepreneurs in the UK The UK Government has recently been criticised by experts in the business and academic sectors for failing to provide satisfactory assurances for the future of business and education opportunities in the UK. The primary concern is the UK Government’s everlasting focus on cutting down net migration and failure to acknowledge the risk of facing a shortage of workers in the UK. In addition to this, it is still unclear what free movement rights European Economic Area (EEA) workers may have following the UK’s departure from the European Union (EU). Despite the recent concerns, the UK is still one of the leading places for Tier 4 Students as the UK is the home to some of the best educational institutions in the UK. Similarly, the UK is an attractive investment location as Applicants investing in the UK could benefit from settlement rights. The Tier 1 Investor and Tier 1 Entrepreneur route is also well-sought route under the Immigration Rules for high net business peoples wanting to invest in the UK. The two applications are very different in nature, The [Tier 1 Investor Visa](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) route is available to high net worth individuals who intend on making substantial financial investments in the UK. The minimum amount that the Applicant must have is £2m. The [Tier 1 Entrepreneur visa](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/) is also a very popular visa for Applicants who aim to come to either set up a new business or to take over an existing business. Applicants are required to provide evidence that they have access to a minimum of £200,000 in investment funds ready and available to invest in the UK. ## 3. EEA Retained Rights of Residence after Brexit Immigration Non-EEA family members who enter to the UK as family members of EEA nationals can apply for EEA Retained Residence if their relationship breaks down. EEA Retained Rights of Residence can be obtained in circumstances where the EEA national has died; the EEA national and the non-EEA national partner have divorced; or the EEA national leaves the UK. Non-EEA family members who are the parent of an EEA national child may also retain the right of residence in the UK. Requirements for the EEA Retained Rights of Residence can be found under Regulation 10 of the Immigration (European Economic Area) Regulations 2006 (“EEA Regulations”). There may be difficulties in meeting the requirements under Regulation 10(5) of the [EEA Regulations](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/590102/Family-members-of-EEA-nationals-who-have-retained-the-right-of-residence-v3_0.pdf) situations where the relationship with the EEA national has not ended amicably which is why it is helpful to gain legal advice from our specialist immigration team before making an application based on EEA Retained Rights of Residence. ## 4. Tier 2 Work Visa Overview *Skilled overseas migrants can apply for a Tier 2 Work Visa in order to come to the UK to accept a job offer from a UK based employer. Tier 2 Work Visa applicants must ensure that they have a Certificate of Sponsorship from a Home Office Licenced Sponsor before submitting their Tier 2 Work Visa application, as well as meeting all of the other UK Visas and Immigration (UKVI) requirements. Similarly, Tier 2 Sponsor Licence holders must ensure they are compliant with the UK Home Office’s stringent requirements in order to avoid any hefty fines or even the revocation of their Tier 2 Sponsor Licence.* All Tier 2 Work Visa applicants must be able to meet the maintenance and English Language Requirements. Applicants must also have a Certificate of Sponsorship from a Home Office licenced sponsor before making a Tier 2 Work Visa application to any of the above-mentioned categories. The Shortage Occupation List, under [Appendix K of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list), defines which jobs have a shortage of skilled professionals within a certain profession in the UK which includes nurses and chefs at non-take away restaurants. ## Using Legal Representation to prepare a UK Immigration Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with making a UK Visa application. Our solicitors and Barristers will help you comply with the UK Home Office Immigration Rules and requirements and meet the UK Immigration Rules. Caseworkers at the UK Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Home Office Immigration Rules. ## Successful UK Immigration Visa Application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Visa application before your application even reaches the UK Home Office Visa & Immigration department. We can assist you with the preparation and submission of a UK Visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # The Golden opportunity under the Golden Visa – Tier 1 Investor Visa Source: https://immigrationandvisasolicitors.co.uk/tier-1-investor-visa/ *The Tier 1 Investor visa is often referred to as the Golden Visa as it is one of the most popular visas under the Point Based System. The [Tier 1 Investor visa](https://www.gov.uk/tier-1-investor) was introduced to appeal to high net worth individuals from outside the European Union (EU) member state countries. Tier 1 Investors who opt for the Golden visa can potentially benefit from an early settlement as well as financial prosperity. Tier 1 Investor visa Applicants can also have their family members also join them in the UK and may also benefit from early settlement in the UK.* ## The Golden Opportunity under the Tier 1 Investor Visa The UK has always been an attractive destination for direct foreign investment with recent statistics showing that the UK’s economy is continuing to prosper with direct foreign investment despite the ongoing Brexit negotiations. The figures suggest that the UK has benefitted from the [financial prosperity](http://www.telegraph.co.uk/business/2017/04/27/foreign-investors-back-brexit-britain/) and has now climbed above Ireland, Switzerland, Netherlands and France and has become the top destination in Europe for direct foreign investment. The number of Tier 1 Investor visa applications last year also reflect this. The Tier 1 Investor visa allows high net worth overseas investors from outside the EU member state countries to invest in the UK and reside freely with their dependents. The Home Office has made it very clear that they want more Tier 1 Investor visa applications and has encouraged investment by approving investment in Government bonds, share capital or loan capital in active and trading companies registered in the UK.  In order to apply for a [Tier 1 Investor visa](https://www.gov.uk/tier-1-investor/eligibility), investors must be able to show that they have a minimum of £2m held in a regulated financial institution which is disposable in the UK. Another benefit for Tier 1 Investors applying for the golden visa is that their initial investment is returned after their visa expiry. Our expert immigration solicitors and barristers would be happy to meet with Tier 1 Investors to discuss the eligibility requirements under the Immigration Rules. Our solicitors and barristers can assist with the preparation and submission of a successful Tier 1 Investor visa application to the UKVI department of the Home Office. ## Settlement Rights in the UK under the Tier 1 Investor Visa One of the key attractions for the Tier 1 Investor visa is the potential to settle in the UK before the 5-year mark. In normal circumstances, Applicants can only settle once they have resided in the UK for 5 continuous years and meet the requirements for Indefinite Leave to Remain (ILR) under the Immigration Rules. The Tier 1 Investor visa offers accelerated settlement for Applicants and their dependents. Ultimately, the settlement route would depend on the investment amount. The accelerated investment amounts are listed below: - £10 million investment allows settlement in 2 years; - £5 million investment allows settlement in 3 years; or - £2 million investment allows settlement in 5 years. Another benefit for Applicants is that they are not required to meet the English Language requirement that must be met in other Points Based System applications such as [Tier 1 Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/), [Tier 2 Work](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) and [Tier 4 Student visa](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/). The residency requirement is also very kind as it allows Applicants to spend up to 180 days outside the UK per year. There is no other visa category under the Immigration Rules that allows Applicants to spend 180 days outside the UK without breaking the residency requirement. ## Using Legal Representation to Prepare a Tier 1 Investor Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 1 Investor Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Investor Visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 1 Investor Visa application meets the Immigration Rules. ## Successful Tier 1 Investor Visa Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your Tier 1 Investor Visa application and the merit of your Tier 1 Investor Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 1 Investor Visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Tier 1 Investor Visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # The Impact of Brexit on the Fashion Industry for EEA Workers Source: https://immigrationandvisasolicitors.co.uk/fashion-industry-eea-workers-post-brexit/ ## The Impact of Brexit on the Fashion Industry for EEA Workers *Once the UK officially leaves the EU, this will indubitably mean the end of free movement, which will have a detrimental impact not only on the UK’s overall economy, but also on industries across many sectors. A major high street chain has stated that the Brexit process has already impacted on the Fashion Industry and it is becoming increasingly difficult to fill positions which are already considered to be a shortage occupation and the process of employing EEA Workers post-Brexit is likely to become even more challenging. * ## The Impact of Brexit on the Fashion Industry The Institute for Public Policy Research (IPPR) think-tank has said that the UK Fashion Industry, along with many others, will find it near impossible to recruit non-skilled EEA Workers post-Brexit, despite the number of jobs currently on the [Shortage Occupation List](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list), as some Fashion Industry jobs are such as designers and those in buying and purchasing. Although the UK Government is insistent on reducing the UK’s net migration figure to 100,000 and to encourage UK businesses to employ British nationals before considering overseas workers, this has been seen to have an adverse impact on the [UK Economy](https://www.businessoffashion.com/articles/intelligence/brexit-fashion-2017-british-break-up) and the UK Fashion Industry as the struggle to fill job vacancies is ever increasing. ## The Importance of EEA Workers in the Fashion Industry Immigration is highly important to the [Fashion Industry](https://fashionunited.uk/news/fashion/6-effects-a-brexit-may-have-on-the-fashion-industry/2016062020813) as it is the fourth largest employer of EU nationals within the ‘creative’ sector, therefore the end of free movement will undoubtedly cause major problems for creative industries in the UK. So far the result of the Brexit vote has not only seen the collapse in the value of the Great British Pound Sterling (GBP) which has pushed up the cost of [imported goods](https://www.dezeen.com/2017/09/25/fashion-roundtable-lobbying-platform-launches-influence-uk-government-brexit-negotiations/), but it has also seen a decrease in EEA Workers coming to the UK for work, which has in turn left businesses in the Fashion Industry struggling to fill vacancies. A major high street chain has stated that the Brexit process has already had an impact on the Fashion Industry as EEA workers are discouraged from coming to the UK to work as there is a great deal of uncertainty surrounding their future in the UK post-Brexit. It is important for EEA Workers who are seeking employment in the UK Fashion Industry to contact our specialist team of immigration lawyers in order to seek advice and assistance on how to regularise their status in the UK before Brexit deals are finalised and the rules relating to EEA Workers change. ## EEA Workers applying to the Fashion Industry post-Brexit Once the UK has left the EU, EEA Workers will have to apply under the Points-Based System of the Immigration Rules, or similar, as non-EEA migrant workers currently do. However this is a far more complex process as the requirements are far more stringent and harder to satisfy. UK businesses in the Fashion Industry hiring foreign migrant workers under [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) of the Points-Based System would have to pay a minimum salary of £30,000 per year to every migrant worker, which has already seen the collapse of many small businesses who have been subject to these new requirements for non-EEA migrant workers. Further, there is also the recent [Immigration Skills Charge](https://web.archive.org/web/20190320133004/https://immigrationandvisasolicitors.co.uk/new-immigration-skills-charge-tier-2/) which will add further expense to employers recruiting overseas workers in the Fashion Industry as Tier 2 Sponsor employers must pay £1,000 per migrant worker they employ. ## Using Legal Representation to Submit EEA Workers Visa Applications in the Fashion Industry Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an EEA Workers Visa application in the Fashion Industry. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your EEA Workers Visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful EEA Workers Visa Applications in the Fashion Industry [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of EEA Workers Visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your LEXVISA Tourist Visitor Visa and ensure that you meet all the requirements of the relevant rules. [Our offices are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Recent Court Ruling forces Tier 1 Entrepreneur Visa couple out of the UK Source: https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-settlement/ *The Home Office and UK Visas and Immigration rules can be highly complex and it is important that Applicants fully understand all of the requirements before submitting a UK Visas application otherwise it will be refused by the Home Office. This has recently been highlighted in the case of Felber & Anor v Secretary of State for the Home Department [2017] ScotCS CSOH 130 (“Felber & Anor v SSHD”) whereby their application for Tier 1 Entrepreneur Settlement, also known as Indefinite Leave to Remain, was refused due to the Applicants ‘mistakenly’ not meeting the Tier 1 Entrepreneur Job Creation Requirement during their period of extension. * ## Tier 1 Entrepreneur Settlement Case - Background to Felber & Anor v SSHD The Applicant and his wife (“[the Applicants](http://www.bbc.co.uk/news/uk-scotland-highlands-islands-41682841)”) are USA nationals who entered the UK in 2011 as a [Tier 1 Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/) and [Tier 1 Entrepreneur dependant](https://immigrationandvisasolicitors.co.uk/points-based-system-dependant/). The Applicants applied for a Tier 1 Entrepreneur visa extension after the initial 3 year period, and were granted a further 2 years leave in the UK. In February 2016, the Applicants made an application for Tier 1 Entrepreneur [Settlement](https://immigrationandvisasolicitors.co.uk/ilr-indefinite-leave-to-remain-uk/), which was refused in August 2016. As a result, the Applicants then submitted an [Administrative Review](https://immigrationandvisasolicitors.co.uk/immigration-appeal-admin-review/), however this was unsuccessful. The reasoning for the Applicants Tier 1 Entrepreneur Settlement refusal was because during the further 2 years extension period, the Applicant failed to meet the Tier 1 Entrepreneur Job Creation [Requirement](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/605981/T1__E__Guidance_04_2017.pdf). ## Tier 1 Entrepreneur Job Creation Requirement One of the requirements the Tier 1 Entrepreneur Applicants must fulfill in order to extend their Tier 1 Entrepreneur visa for a further 2 years is that they must create at least two new full time jobs for settled persons in the UK. If a Tier 1 Entrepreneur wishes to apply for settlement thereafter, then they must also satisfy this Job Creation Requirement during their 2 year extension period. The Tier 1 Entrepreneur Job Creation Requirement is expressed under [Appendix A](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-a-attributes), Table 6 of the Immigration Rules, which prior to 6 November 2014 stipulated that: > *“Where the applicant’s last grant of entry clearance or leave to enter or remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have existed for at least 12 months **of the period for which the previous leave was granted**.”* However, from 6 November 2014 the wording of the rules was amended to state: > *“Where the applicant’s last grant of entry clearance or leave to enter or remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have existed for at least 12 months **during that last grant of leave**.”* ## Tier 1 Entrepreneur Job Creation Requirement in the case of Felber & Anor v SSHD In regard to the Applicants, they had complied with the Tier 1 Entrepreneur Job Creation Requirement during their initial period of leave in the UK, however they had not realised that when it came to the 2 year extension period that the jobs created during the initial period had to be carried on for 12 months each or created anew. This oversight on the part of the Applicants was due to the terminology of the Rules at the time of their Tier 1 Entrepreneur [Settlement application](https://web.archive.org/web/20190320143426/https://immigrationandvisasolicitors.co.uk/tier-1-visas-accelerated-settlement-entrepreneurs-early-indefinite-leave-to-remain-ilr-investor/) and the added confusion of the amendments made in November 2014. In short, Lady Carmichael determined that the amendment in November 2014 had not effected a change, but had been intended only to improve the clarity of the rule. Therefore the decision was upheld and the Applicants must now return to their native USA. ## What does the Felber & Anor v SSHD case mean for Tier 1 Entrepreneur Settlement Applications? If anything, this case has highlighted the importance that Applicants should fully be aware and understand the requirements for not only the Tier 1 Entrepreneur Visa extension application, but also for future settlement. It can be argued that the decision in *Felber & Anor v SSHD *is harsh and that discretion should have been used as the Applicants have made positive contributions to the UK since 2011 and had to the best of their knowledge, complied with all of the Home Office’s rules and requirements. The irony is that the UK Government is eager to attract [high net worth individuals](https://www.theguardian.com/uk/2011/mar/16/new-immigration-rules-super-rich) such as [Tier 1 Investors](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) and Tier 1 Entrepreneurs, yet due to the wording of the Immigration Rules being unclear and confusing, the Applicants are now being forced to leave the UK. The UK Immigration Rules and requirements are complex therefore it is crucial to seek expert legal advice from our business immigration lawyers before preparing and submitting a UK visa application to the Home Office. The full judgment can be accessed here: [Felber & Anor v Secretary of State for the Home Department [2017] ScotCS CSOH 130 | LEXVISA Solicitors & Barristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/10/Felber-Anor-v-Secretary-of-State-for-the-Home-Department-2017-ScotCS-CSOH-130.pdf) ## Using Legal Representation for a Tier 1 Entrepreneur Settlement Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration lawyer to prepare a Tier 1 Entrepreneur Settlement Application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Entrepreneur Settlement application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 1 Entrepreneur Settlement application meets the Immigration Rules. ## Successful Tier 1 Entrepreneur Settlement Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful Tier 1 Entrepreneur Settlement applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # EEA Permanent Residence Application Success Story Source: https://immigrationandvisasolicitors.co.uk/eea-permanent-residence-application/ *We recently received the wonderful news that a client’s (“the Applicant") EEA Permanent Residence application had been successful. In our initial consultation with the Applicant, we discovered the circumstances and facts surrounding his application and were instructed for the preparation and submission of an EEA Permanent Residence application.* ## The Case for an EEA Permanent Residence Application EEA nationals who are currently exercising their Treaty Rights in the UK for a period of more than 5 years may be eligible to apply for an EEA Permanent Residence application document. EEA nationals can exercise Treaty Rights by searching for employment, working, studying or being self-sufficient. In this particular case, the Applicant was a Romanian national who had been exercising his Treat Rights in the UK since July 2004. The Applicant had worked for various organisations in the UK and at the time his EEA Permanent Residence application he was working as a bus driver in London. In our initial consultation with the Applicant, we had discussed the merits and demerits of his application. After speaking to our solicitors the Applicant instructed us to prepare and assist with the submission of his EEA Permanent Residence application. Through our meticulous and thorough process, our immigration team managed to flag out any issues to the client of any potential issues with his EEA Permanent Residence application and managed to prepare the application as strong as possible by accompanying the EEA Permanent Residence application with our bespoke legal representations. ## Requirements for EEA Permanent Residence Applications EEA nationals may be eligible to submit an EEA [Permanent Residence](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) Application if they can meet the eligibility requirements under the EEA Regulations. An EEA [Permanent Residence](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) Application is made under the EC Directive 2004/38. We have listed some of the basic eligibility requirements below: - Applicants must be a national of an EEA country; - Applicants must be a qualified person; - Applicants must be able to demonstrate 5 years continuous residence in the UK; and - Applicants must not have any excess absences from the UK. Non-EEA family members may also be eligible to apply for an EEA [Permanent Residence](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) document. In order to apply, the non-EEA family member must demonstrate that he/she is the family member of ‘qualified person’ and that they are residing with them in the UK. Applicants applying for an EEA Permanent Residence application may be eligible to apply using the [European Passport Return Service](https://www.gov.uk/government/collections/european-passport-return-service). ## EEA Permanent Residence Application after Brexit The future remains unclear for EEA nationals who are in the UK exercising their Treaty Rights under the EEA Regulations. Whilst the UK Government has suggested it will continue to encourage EEA nationals to come and work/study in the UK post-Brexit. The UK Government has failed to reassure those EEA nationals who are already in the UK exercising their Treaty Rights. Prime Minister Theresa May has recently proposed a new streamlined process in which EEA nationals who at the time of withdrawal hold an EEA Permanent Residence application document can apply to convert it into a Settled Status document. It is currently understood that the Settled Status document will only be available for EEA nationals who hold an EEA Permanent Residence application at the time of the UK’s withdrawal from the EU in June 2019. This raises serious alarm bells for anyone who has not obtained an EEA Permanent Residence application document. It is not clear what the new process entails and what costs it may involve but it is likely that the Settled Status Document application will be made under the robust immigration rules and not the favourable EEA Regulations. ## Using Legal Representation to Apply for EEA Permanent Residence Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an EEA Permanent Residence application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your EEA Permanent Residence application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your EEA Permanent Residence application meets the Immigration Rules. ## Successful EEA Permanent Residence Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your EEA Permanent Residence application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your EEA Permanent Residence application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful EEA Permanent Residence application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # New Post-Brexit EEA Settled Status Document Released by the Home Office Source: https://immigrationandvisasolicitors.co.uk/eea-settled-status-document/ *Yesterday, a new 5 page ‘technical note’ from the Home Office **and UK Visas and Immigration (UKVI) **titled 'Technical Note: Citizens' Rights-Administrative Procedure in the UK'  ("EEA Settled Status Document")** was released which gives further details in regard to the new Settled Status for EEA nationals in the UK after Brexit. The new EEA Settled Status Document details three points; firstly it clarifies that the application process will be streamlined and easy to use, secondly it sets out the criteria for granting status and circumstances under which the EEA Settled Status application may be refused and thirdly in regard to the criminality of EEA nationals. * ## The New Post-Brexit EEA Settled Status Document On 7 November 2017, a new EEA Settled Status [Document](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/657694/TECHNICAL_NOTE_CITIZENS__RIGHTS_-_ADMINISTRATIVE_PROCEDURES_IN_THE_UK.pdf) was released by the Home Office and UKVI with regard to the new [Settled Status](https://immigrationandvisasolicitors.co.uk/eea-settled-status/) for EEA nationals in the UK post-Brexit. The EEA Settled Status Document has provided further details relating to three points; the streamlined application process, the appeal process and the circumstances in relation to the criminality of EEA nationals. ### Streamlined Application Process The first part of the EEA Settled Status Document* *reiterates that the application process for [Settled Status](https://www.gov.uk/government/news/more-detail-provided-on-new-settled-status-for-eu-citizens) will be [streamlined and easy to use](https://euobserver.com/uk-referendum/139790). Importantly, the Home Office recognises that the current system in place for dealing with the processing of [EEA Registration Certificates](https://immigrationandvisasolicitors.co.uk/eea-family-permits-eea-residence-cards/) and EEA Permanent Residence Cards under Directive 2004/38 is not fit to deal with the situation after the UK has left the EU. Therefore, a new system will be implemented which will include new processes, technology, rules and support for EEA Settled Status Applicants. ### Appeal Process If the Applicants Settled Status application is unsuccessful, then a statutory right of appeal will be given in line with current EEA rights through the Free Movement Directive and the Home Office is working on establishing an Administrative Review mechanism to quickly resolve any case working errors which may result in an application for Settled Status being refused. ### Criminality of EEA Nationals It is intended that it will be the responsibility of the EEA national to declare any criminal convictions, either in the UK or overseas, as is the current procedure for non-EEA nationals looking to make a UK visa application under the Immigration Rules. Similarly, whether or not an individual is [deported](http://www.telegraph.co.uk/news/2017/11/07/eu-citizens-face-tougher-deportation-laws-brexit/) will be subject to considerations such as the right to respect for private and family a life under Article 8 ECHR. ## Current EEA Permanent Residence Applications Under the current EEA Regulations which the UK is still bound by until after Brexit when free movement and subsequently the rules are likely change to change, EEA nationals and their family members can apply for EEA [Permanent Residence](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) in the UK who has been a ‘qualified person’ in the UK for a period of 5 years. After this period, EEA nationals and their family members may be eligible to apply for British citizenship after a further 12 months of being in the UK. If you are an EEA national in the UK and you are unsure of your next steps in light of Brexit, contact LEXVISA Immigration Lawyers London in order to receive bespoke, expert advice on your situation and regularise your status in the UK. ## Using Legal Representation to make a Visa Application under the new EEA Settled Status Document Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an application under the new EEA Settled Status Document. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application under the new EEA Settled Status Document succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application under the new EEA Settled Status Document meets the requirements. ## Successful Visa Applications under the new EEA Settled Status Document [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your application under the new EEA Settled Status Document before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your EEA Settled Status Application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful a successful application under the new EEA Settled Status Document. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Success Story – Standard Visitor Visa Granted   Source: https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa-granted/ *Earlier today we received the wonderful news that a client’s (the Applicant) UK [Standard Visitor Visa](https://www.gov.uk/standard-visitor-visa) application had been successful. In our initial consultation with the Applicant’s daughter-in-law (also the Sponsor), we had explored the options available to the Applicant and agreed to prepare a UK Standard Visitor Visa application. We were instructed that the Applicant had never travelled outside of her home country prior to this application. We knew from the outset that this would be a difficult UK Standard Visitor Visa application as we had to ensure all the UKVI requirements were satisfied under Appendix V of the Immigration Rules. Our team of solicitors and barristers successfully guided the Applicant to a successful UK Standard Visitor Visa application.* ## The case for a UK Standard Visitor Visa application The Applicant was an Indian national residing in her home country. The Applicant had expressed her intention to visit the UK for a short period to visit her son and the Sponsor. The Applicant had not seen her son since he travelled to the UK on an Entry Clearance Spouse Visa. We are instructed that the Applicant’s son had married the Sponsor in India in 2016. In our initial consultation with the Sponsor, we had been informed that the Applicant had no previous travels outside her home country but was refused a Canadian Visitor Visa. Our solicitors assessed the Applicant’s circumstances in accordance with [Appendix V](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules) of the Immigration Rules and decided that the Applicant was eligible to apply for a UK Standard Visitor Visa. After speaking to our specialist immigration team, the Applicant instructed us to prepare an Entry Clearance UK Standard Visitor Visa Application. ## Requirements for a UK Standard Visitor Visa Application You can apply for a UK [Standard Visitor Visa](https://web.archive.org/web/20190319122442/https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/) application if you wish to travel to the UK for a short period not exceeding 6 months unless you have opted for a long-term Standard Visitor Visa. Applicants can also apply for a long-term UK Standard Visitor Visa application, this will be valid for 2, 5 or 10 years and allows multiple entries to the UK. The UK Standard Visitor Visa has replaced the former General Visit Visa application it is, therefore, important to make your intentions of visiting the UK clear to the Home Office from the outset or you may not be able to demonstrate that you are a genuine visitor and your application may be refused. To meet the requirements of UK Standard Visitor Visa: - Applicants must be at least 18 years old. - Applicants must plan to visit the UK for a maximum of 6 months and leave at the end of that period (unless you are applying for a long-term UK Standard Visitor Visa). - Applicants must be able to show that you have enough money to support your stay in the UK and be able to accommodate yourself. Our solicitors and barristers have a proven method of submitting successful UK Standard Visitor Visa applications to the UKVI and are proud of our very high success rate with UK visa applications. ## How we can assist in submitting a successful UK Standard Visitor Visa Application Our solicitors and barristers successfully guided the Applicant through the UK Standard Visitor Visa application process and prepared outstanding legal representations which focused on the purpose of the Applicant’s visit. In addition to this, our solicitors and barristers focussed on ensuring that sufficient evidence was gathered demonstrating a genuine intention to visit and ties and connections to her country of residence. Our solicitors worked closely with the Applicant and Sponsor to ensure they were able to collate all the mandatory documents required for the Applicant’s application. It was essential that a properly executed application that met all the requirements was submitted as the couple had already planned the Applicant’s visit to the UK. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her documents to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with the online visa application form. ## Using Legal Representation to Prepare a UK Standard Visitor Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Standard Visitor Visa Application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Standard Visitor Visa Application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Standard Visitor Visa Application meets the Immigration Rules. ## Successful UK Standard Visitor Visa Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Standard Visitor Visa Application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Standard Visitor Visa Application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your UK Standard Visitor Visa Application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # LEXVISA Weekly Immigration Update 10 November 2017 Source: https://immigrationandvisasolicitors.co.uk/immigration-update-uk/ *This week we wrote about the landmark case in which it was determined that the Home Office was found to abuse its power on Tier 4 Visa Applications and the consequences for individuals in a similar position. **The UK Government has promised that the European Health Insurance Card will not be a casualty of Brexit, it is likely that there will be significant changes to the current legislation regarding access to healthcare for European nationals post-Brexit. At the beginning of this week there was also a new EEA Settled Status Document which was released which 'clarifies' three key points for EEA nationals in the UK post-Brexit. Lastly, LEXVISA is delighted to announce the news that a Standard Visitor Visa application which we prepared for one of our clients has been granted. * ## Landmark Case over Home Office Abuse of Power on Tier 4 Student Visa Applications In 2014, there was controversy in regard to the finding that a number of Tier 4 Applicants had been fraudulently obtaining their Test of English for International Communication (“TOEIC”)  in order to meet the English Language Requirement. The Home Office deemed many TOEIC invalid or questionable and consequently, TOEIC is no longer offered by the Educational Testing Services (“ETS”) for the purpose of satisfying the Home Office’s English Language Requirement for UK Visa applications. The Home Office website lists all of its [approved English Language Test centres](https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests) and it is important that Applicants check before booking the test, to avoid not meeting the English Language Requirement. The Home Office's response and handling of this situation has been labelled a gross abuse of power which has impacted the lives of many innocent foreign students. The Applicant in this landmark hearing had his right to stay in the UK cancelled by the Home Office after his English proficiency test was deemed invalid, however he eventually did manage to have the Home Office's decision quashed, and it has paved the way for Applicants in a similar position to him who have suffered an injustice from the Home Office and their [hostile environment policy.](https://immigrationandvisasolicitors.co.uk/hostile-environment-policy/) ## What does the future hold for the European Health Insurance Card? European Nationals have recently started to raise question marks on the future of the [European Health Insurance Card](https://www.nhs.uk/nhsengland/healthcareabroad/ehic/pages/about-the-ehic.aspx) (EHIC) post-Brexit. Whilst the UK Government has promised that the European Health Insurance Card will not be a casualty of Brexit, it is likely that there will be significant changes to the current legislation regarding access to healthcare for European nationals’ post-Brexit. The European Health Insurance Card is an important document for those European nationals who are temporarily visiting any of the European Union (EU) member state countries.  It allows access to state-provided healthcare free of charge or at a reduced cost depending on what treatment would have been available to the EU national in their home country.  The UK Government have yet again failed to provide a satisfactory update on the progress of Brexit Negotiations on the subject of Free Movement and the rights of EU nationals in the UK post-Brexit. Whilst there is no doubt that the UK Government will work for the best deal for the UK, it is also apparent that many services such as the European Health Insurance Card may be axed. This would directly impact travel insurance premiums and may possibly deter travel to the UK. However, there has been some positive news; Brexit Secretary David Davis has suggested that there has been some mutual common ground agreed on keeping the [European Health Insurance Card beyond Brexit](https://web.archive.org/web/20180223092429/http://uk.businessinsider.com:80/eu-agrees-to-allow-british-people-to-keep-ehic-cards-after-brexit-2017-8). Further, Mr Davis has also suggested that if an agreement cannot be formed with the EU, the UK will then negotiate with individual member state countries in a bid to keep the European Health Insurance Card alive beyond Brexit. ## New Post-Brexit EEA Settled Status Document Released by the Home Office Yesterday, a new 5 page ‘technical note’ from the Home Office and UK Visas and Immigration (UKVI) titled ‘Technical Note: Citizens’ Rights-Administrative Procedure in the UK’  (“EEA Settled Status Document”) was released which gives further details in regard to the new Settled Status for EEA nationals in the UK after Brexit. The new EEA Settled Status Document details three points; firstly it clarifies that the application process will be streamlined and easy to use, secondly it sets out the criteria for granting status and circumstances under which the EEA Settled Status application may be refused and thirdly in regard to the criminality of EEA nationals. Under the current EEA Regulations which the UK is still bound by until after Brexit when free movement and subsequently the rules are likely to be changed, EEA nationals and their family members can apply for EEA [Permanent Residence](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) in the UK who has been a ‘qualified person’ in the UK for a period of 5 years. After this period, EEA nationals and their family members may be eligible to apply for British citizenship after a further 12 months of being in the UK.If you are an EEA national in the UK and you are unsure of your next steps in light of Brexit, contact LEXVISA Immigration Lawyers London in order to receive bespoke, expert advice on your situation and regularise your status in the UK. ## Success Story – Standard Visitor Visa Granted Earlier this week we received the wonderful news that a client’s (the Applicant) UK [Standard Visitor Visa](https://www.gov.uk/standard-visitor-visa) application had been successful. In our initial consultation with the Applicant’s daughter-in-law (also the Sponsor), we had explored the options available to the Applicant. We agreed to prepare a UK Standard Visitor Visa application. You can apply for a UK [Standard Visitor Visa](https://web.archive.org/web/20190319122442/https://immigrationandvisasolicitors.co.uk/uk-standard-visitor-visa/) application if you wish to travel to the UK for a short period not exceeding 6 months unless you have opted for a long-term Standard Visitor Visa. Applicants can also apply for a long-term UK Standard Visitor Visa application; this will be valid for 2, 5 or 10 years and allows multiple entries to the UK. The UK Standard Visitor Visa has replaced the former General Visit Visa application it is, therefore, important to make your intentions of visiting the UK clear to the Home Office from the outset or you may not be able to demonstrate that you are a genuine visitor and your application may be refused. To meet the requirements of UK Standard Visitor Visa: - Applicants must be at least 18 years old. - Applicants must plan to visit the UK for a maximum of 6 months and leave at the end of that period (unless you are applying for a long-term UK Standard Visitor Visa). - Applicants must be able to show that you have enough money to support your stay in the UK and be able to accommodate yourself. Our solicitors and barristers have a proven method of submitting successful UK Standard Visitor Visa applications to the UKVI and are proud of our very high success rate with UK visa applications. ## Using Legal Representation to Submit a UK Visas and Immigration Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visas and Immigration application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Visas and Immigration application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Visas and Immigration application meets the Immigration Rules. ## Successful UK Visas & Immigration Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Visas and Immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # The UK Government Announces easier Process for Tier 1 Exceptional Talent Tech Nation Visa Applications Source: https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-tech-nation-visa/ *The UK Tech Industry is one of the fasted growing industries in the UK and has been described as a “great British success story”. Huge amounts of money have been invested into Tech City UK, which has undeniably helped with its success and making the UK a market leader within the tech industry. Yesterday, the UK Government has announced its decision to double the number of Tier 1 Exceptional Talent Tech Nation Visa Applications which will be granted to overseas talent in the Tech City UK Industry.  * ## The Announced easier Process for Tier 1 Exceptional Talent Tech Nation Visa Applications It has been announced that the UK Government has decided to double the number of [Tier 1 Exceptional Talent Visa offers](https://www.gov.uk/government/news/government-doubles-exceptional-talent-visa-offer) from 1,000 to 2,000 as it recognises and welcomes overseas talent in the UK. It is believed that the increase of Tier 1 [Exceptional Talent](https://immigrationandvisasolicitors.co.uk/tech-nation-tier-1-exception-talent-visa/) Visa offers will continue to support the UK Tech Industry and rival other internationally significant tech centres. [Yesterday](https://www.gov.uk/government/news/pm-reaffirms-commitment-to-uks-world-class-tech-sector) the Prime Minister met with digital entrepreneurs and innovators in regard to her announcement of a series of measures in support of the continued growth and success of the Tech City UK Industry. The UK openly welcomes high net worth individuals and talent who can continue to help the Tech City UK Industry to boom. Further, on 25 August 2017, London’s Mayor Sadiq Khan appointed Theo Blackwell as the country's first [Chief Digital Officer](https://www.london.gov.uk/press-releases/mayoral/mayor-appoints-chief-digital-officer), whose duties will include ensuring that London’s status as a global tech hub by transforming the way that public services are designed and delivered so that tech is more accessible and efficient for users. The Mayor has said that London is the *“world’s leading ‘smart city’ with digital technology and data at the heart of making our capital a better place to live, work and visit”. *This appointment of the UK’s first Chief Digital Offer and the increase in the number of [Tier 1 Exceptional Talent](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) Tech Nation Visa Applications that will be offered further highlights that the UK is serious about retaining its status in the tech industry which therefore indicates that there is no better time to make a Tier 1 Exceptional Talent Tech Nation Visa Application as the process has never been simpler. ## The Requirements for Tier 1 Exceptional Talent Tech Nation Visa There is a two stage process involved with Tier 1 Exceptional Talent Tech Nation Visa Applications. Firstly, Applicants must complete stage 1 by receiving an [endorsement](http://www.techcityuk.com/wp-content/uploads/2016/03/TechNationVisa-Guidelines-APRIL2017-V6.pdf) from Tech City. Eligibility for the stage 1 endorsement for Tier 1 Exceptional Talent Tech Nation Visa Application is as follows: - The Applicant must be established as a world leader in the field of digital technology or demonstrate the potential to become a world leader in the field of digital technology; and - The Applicant must be an internationally recognised skilled professional in this field; and - The Applicant must have the necessary business and technical skills to grow and scale-up technology companies. If the stage 1 application is successful, Tier 1 Exceptional Talent Tech Nation Visa Applicants will receive an email from the Home Office with a copy of the endorsement letter. Only once the Tier 1 Exceptional Talent Tech Nation Visa Applicant has received the endorsement letter, they may make the stage 2 immigration application. Tier 1 Exceptional Talent Tech Nation Visa Applicants must apply for stage 2  Tier 1 Exceptional Talent Tech Nation Visa within 3 months of receiving the letter of endorsement from the Home Office. Once submitted, it can take up to 3 weeks to receive a decision from an out of country Our experienced Business Immigration Team will ensure you meet the requirements of the Tier 1 Exceptional Talent Tech Nation Visa Application and will prepare the application as strongly as possible to ensure it has the greatest chance of success. ## Using Legal Representation to Prepare a Tier 1 Exceptional Talent Tech Nation Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 1 Exceptional Talent Tech Nation Visa Application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Exceptional Talent Tech Nation Visa Application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 1 Exceptional Talent Tech Nation Visa Application meet the requirements. ## Successful Tier 1 Exceptional Talent Tech Nation Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 1 Exceptional Talent Tech Nation Visa Application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 1 Exceptional Talent Tech Nation Visa Application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Tier 1 Exceptional Talent Tech Nation Visa Application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Immigration Appeal process continues to be extensively delayed Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-appeal/ *Appealing a UK Immigration decision can be a stressful and demanding process especially where the Home Office has erroneously refused an application or where an application has been refused on a minor technicality. The UK Immigration appeal process has recently seen a 13% increase in appeal waiting times leaving many Applicants in difficult positions. The UK Immigration appeal process has been scrutinised as even simple Home Office mistakes often take several months to be rectified*. ## Excessive Delays in the UK Immigration Appeal Process Recent statistics show that the average UK Immigration Appeal time is currently 12 months. This shows a 13% increase when compared with last year’s statistics.  The excessive increase in processing times could be construed as a deterrent to persuade Applicants not to pursue an Immigration appeal. The increase in UK Immigration appeal processing times is extremely worry for Applicants as this means many people will be left without valid Immigration status and it is likely could interfere in family reunification applications or have a detrimental financial impact on business-related applications such as the Tier 1 Entrepreneur, Tier 1 Investor or Tier 2 Work visa applications. In light of the recent statistics showing the latest set of Home Office inadequacies, it is imperative a UKVI Home Office application is submitted with the correct legal guidance as one minor mistake could result in an application being refused. ## Benefits of challenging a Home Office decision using the UK Immigration Appeal Process If your UKVI Home Office application has been refused you will be given one of two options of either an in-country UK Immigration appeal or an out of the country appeal. An advantage of appealing a negative Home Office decision is that Applicants can remove adverse immigration history. If it can be proven that the Home Office has acted unreasonably and their refusals are indefensible, it may be possible to recover costs. An alternative to an Immigration appeal may be to submit a fresh application with the correct legal assistance. ## How to ensure you have a quick successful decision on your UK Immigration Appeal In some circumstances, if the correct legal advice is sought from the outset it may be possible to persuade the Home Office to withdraw their original refusal decision. The Home Office has the power to withdraw their original refusal decision. This Power is usually exercised where a strong appeal is filed with persuasive Grounds of Appeal challenging the original refusal decision. In addition to this, political and media pressure can often help to get the Home Office to expedite their decision-making process and look into cases seriously. Our Solicitors and Barristers can assist you to get your case the right type of political and media pressure required to achieve a positive outcome. A Home Office refusal decision is likely to be withdrawn where the original refusal decision is made erroneously or the Home Office caseworker has failed to exercise the use of the Evidential Flexibility policy. The [Evidential Flexibility policy](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/572316/Evidential-Flexibilty-v8.0.pdf) can be found in the Home Offices’ own Policy Guidance which has also been incorporated within the Immigration Rules. Our Solicitors and Barristers are regularly instructed on UK Immigration appeal matters and our specialist immigration team have successfully persuaded the Home Office to withdraw their original refusal decision. This constitutes a major success as Applicants can potentially save ample time and resolve their UK Immigration status without having to wait for a full substantive hearing.  To find out more information on how our Solicitors and Barristers can assist in persuading the Home Office to withdraw their original refusal decision, Applicants should contact us without further delay. ## Using Legal Representation to Submit a UK Immigration Appeal Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Immigration appeal. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Immigration appeal succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Immigration appeal meets the Immigration Rules. ## Successful UK Immigration Appeal [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Immigration appeal before your matter even reaches the Home Office. We can assist you with the preparation and submission of your UK Immigration appeal. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful UK Immigration appeal. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Success Story: EEA Residence Granted Source: https://immigrationandvisasolicitors.co.uk/eea-residence-card-2/ *LEXVISA recently received the wonderful news that our client (“the Applicant”) was granted an EEA Residence Card in the UK. In our initial consultation with the Applicant, we discovered the circumstances and facts surrounding his application and were instructed for the preparation and submission of the EEA Residence Card application. Our Solicitors and Barristers knew from the outset that this was a complicated case as the Applicant had previously applied for an EEA Family Permit and his application was refused. In addition to this, the Applicant had suitability issues.  * ## The Case for EEA Residence Card The Applicant was a Pakistani national who first entered the UK on a Tier 4 Student visa and then switched to the former Tier 1 High Skilled (General) Migrant visa. During his time in the UK, the Applicant had formed a relationship with an EEA national and wanted to now apply for an EEA Residence Card. In our initial consultation with the Applicant, we flagged out all the potential issues which could arise due to his previous applications and the suitability issues. Our solicitors were able to provide solutions to these issues. ## Requirements for EEA Residence Card Applications Those who are wishing to apply for EEA Residence Card in the UK will first need to satisfy the Home Office requirements which include: - Applicants must be from outside the [European Economic Area](https://www.gov.uk/eu-eea) (EEA); - Applicants must be able to demonstrate that they are a direct family member or extended family member of an EEA national; - The EEA national must be present in the UK exercising Treaty Rights; - In some circumstances, you can apply for an EEA Residence Card under the Retained Right of Residence or Surinder Singh route. In order to submit a successful EEA Residence Card application as an extended family member of an EEA national, Applicants must be able to show that they are the unmarried partner or relative of the EEA national. Every application is considered in its individual circumstances, therefore, it is imperative the correct legal advice is sought prior to submitting any application. ## EEA Residence Card applications after Brexit The web of uncertainty regarding the future of EEA nationals and their not EEA family members are continuing to grow. The UK Government and the Home Secretary's reluctance to provide adequate updates is rather worrying as many EEA nationals cannot plan for their future as it is unclear what right to reside in the UK they may have.  Whilst, there have been proposals to convert EEA Permanent Residence into [Settled Status Document.](https://immigrationandvisasolicitors.co.uk/eea-permanent-residence-grace-period/) It remains unclear what right to reside direct and extended family members may have. It is very likely that there will be significant changes to the free movement legislation in the EU will end and EU citizens will urgently be required to acquire permission to stay in the UK. This has understandably created a great deal of uncertainty amongst EEA nationals who are in the UK and are unsure of what status they will have in the UK once the UK formally leaves the EU.  However, there have been proposals to convert EEA Permanent Residence into [Settled Status](https://immigrationandvisasolicitors.co.uk/eea-permanent-residence-grace-period/), and if you are an EEA national with concerns about applying for EEA Permanent Residence, do not hesitate to contact our specialist immigration lawyers to get professional advice on your next steps. We also recommend that EEA direct and extended family members contact our specialist immigration lawyers to get professional advice on what options are available to them. ## Using Legal Representation to Apply for EEA Residence Card Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your EEA Residence Card application. It is possible to instruct an immigration and visa legal representative to submit an EEA Residence Card application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your EEA Residence Card application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your EEA Residence Card application meets the Immigration Rules and EEA Regulations. ## Successful EEA Residence Card Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your EEA Residence Card application and the merit of your EEA Residence Card application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your EEA Residence Card application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # LEXVISA Weekly update 17 November 2017 Source: https://immigrationandvisasolicitors.co.uk/immigration-lexvisa-update-november-2017/ *We started the week with some wonderful news that one of our Client’s EEA Residence Card Application had been successful. We then wrote an important article commenting on the current Immigration Appeal processing times and the unjustifiable delays by the Home Office. Lastly, we wrote about the UK Government’s decision in doubling the number of [Tier 1 Exceptional Talent Visa offers](https://www.gov.uk/government/news/government-doubles-exceptional-talent-visa-offer) from 1,000 to 2,000 as it recognises and welcomes overseas talent in the UK.* ## Success Story – EEA Residence Card Application We started the week with some wonderful news of a successful EEA Residence Card Application. Our client was a Pakistani national who first entered the UK on a Tier 4 Student visa and then switched to the former Tier 1 High Skilled (General) Migrant visa. During his time in the UK, the Applicant had formed a relationship with an EEA national and wanted to now apply for an EEA Residence Card.  Those who are wishing to apply for EEA Residence Card in the UK will first need to satisfy the Home Office requirements which include: - Applicants must be from outside the [European Economic Area](https://www.gov.uk/eu-eea) (EEA); - Applicants must be able to demonstrate that they are a direct family member or extended family member of an EEA national; - The EEA national must be present in the UK exercising Treaty Rights; - In some circumstances, you can apply for an EEA Residence Card under the Retained Right of Residence or Surinder Singh route. In order to submit a successful EEA Residence Card application as an extended family member of an EEA national, Applicants must be able to show that they are the unmarried partner or relative of the EEA national. Every application is considered in its individual circumstances; therefore, it is imperative the correct legal advice is sought prior to submitting any application. ## UK Immigration Appeal process continues to be extensively delayed Recent statistics show that the average UK Immigration Appeal time is currently 12 months. This shows a 13% increase when compared with last year’s statistics.  The excessive increase in processing times could be construed as a deterrent to persuade Applicants not to pursue an Immigration appeal. The increase in UK Immigration appeal processing times is extremely worry for Applicants as this means many people will be left without valid Immigration status and it is likely could interfere in family reunification applications or have a detrimental financial impact on business-related applications such as the Tier 1 Entrepreneur, Tier 1 Investor or Tier 2 Work visa applications. In some circumstances, if the correct legal advice is sought from the outset it may be possible to persuade the Home Office to withdraw their original refusal decision. The Home Office has the power to withdraw their original refusal decision. This Power is usually exercised where a strong appeal is filed with persuasive Grounds of Appeal challenging the original refusal decision. In addition to this, political and media pressure can often help to get the Home Office to expedite their decision-making process and look into cases seriously. Our Solicitors and Barristers can assist you to get your case the right type of political and media pressure required to achieve a positive outcome. ## The UK Government Announces easier Process for Tier 1 Exceptional Talent Tech Nation Visa Applications *The UK Tech Industry is one of the fastest growing industries in the UK and has been described as a “great British success story”. Huge amounts of money have been invested in Tech City UK, which has undeniably helped with its success and making the UK a market leader in the tech industry.* It has been announced that the UK Government has decided to double the number of [Tier 1 Exceptional Talent Visa offers](https://www.gov.uk/government/news/government-doubles-exceptional-talent-visa-offer) from 1,000 to 2,000 as it recognises and welcomes overseas talent in the UK. It is believed that the increase of Tier 1 [Exceptional Talent](https://immigrationandvisasolicitors.co.uk/tech-nation-tier-1-exception-talent-visa/) Visa offers will continue to support the UK Tech Industry and rival other internationally significant tech centres. Further, on 25 August 2017, London’s Mayor Sadiq Khan appointed Theo Blackwell as the country’s first [Chief Digital Officer](https://www.london.gov.uk/press-releases/mayoral/mayor-appoints-chief-digital-officer), whose duties will include ensuring that London’s status as a global tech hub by transforming the way that public services are designed and delivered so that tech is more accessible and efficient for users. The Mayor has said that London is the *“world’s leading ‘smart city’ with digital technology and data at the heart of making our capital a better place to live, work and visit”. *This appointment of the UK’s first Chief Digital Offer and the increase in the number of [Tier 1 Exceptional Talent](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) Tech Nation Visa Applications that will be offered further highlights that the UK is serious about retaining its status in the tech industry which therefore indicates that there is no better time to make a Tier 1 Exceptional Talent Tech Nation Visa Application as the process has never been simpler. ## Using Legal Representation to Submit a UK Visas and Immigration Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visas and Immigration application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Visas and Immigration application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Visas and Immigration application meets the Immigration Rules. ## Successful UK Visas & Immigration Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Visas and Immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Business Immigration Routes Explained: Tier 1 Entrepreneur or Tier 1 Investor Visa? Source: https://immigrationandvisasolicitors.co.uk/business-immigration-routes/ *LEXVISA Solicitors and Barristers regularly assist *[*High Net Worth Applicants*](https://immigrationandvisasolicitors.co.uk/high-net-worth-applicants/)* who wish to enter the UK for investment purposes or to establish a business presence UK business may apply under the Points Based System, by way of either a *[*Tier 1 Investor*](https://www.gov.uk/tier-1-investor/overview)* Visa or *[*Tier 1 Entrepreneur Visa*](https://www.gov.uk/tier-1-entrepreneur/overview)*. These are the most common Business Immigration Routes to enter the UK. It is, however, important to understand the distinction between a Tier 1 Investor Visa and a Tier Entrepreneur Visa and their differing requirements.* ## What are the key considerations for businesses looking to invest/doing business specifically in London? There are several benefits to starting a business in London, UK by [establishing your own business](https://web.archive.org/web/20190320155613/https://immigrationandvisasolicitors.co.uk/uk-tier-1-entrepreneur-visa-application/) or investing in an existing business. The UK Government has publicly announced its support for more overseas investment in the UK and the Home Secretary aims to give an easy pass to foreign investors and entrepreneurs in the UK applying under these Business Immigration Routes. Key considerations for successful business in London, UK include: - Access to vast array of funds; - Success business or entrepreneurial background and experience; - Knowledge of the London business market; and - Expert advice from professional financial advisors and lawyers to guide you through the process. It is important to ensure that you can meet the requirements of these Business Immigration Routes in accordance with UK Immigration Law and Rules to start or establish a business in the UK. ## What are the key considerations to set up a business under the Tier 1 Entrepreneur visa? The [Tier 1 Entrepreneur visa ](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/)is one of the hugely popular Business Immigration Routes as it allows prospective entrepreneurs to come to the UK to either set up a new business or join an existing business, in which they have control. The Tier 1 Entrepreneur visa is initially granted for 3 years 4 months, after which Applicants will need to apply for a 2 years extension before being eligible to apply for Indefinite Leave to Remain in the UK after a continuous 5 year residence period. There is also an avenue for an Applicant to apply under the Accelerated Settlement Programme and achieve a permanent settlement in the UK in 3 years providing certain requirements are met. Applicants must meet the eligibility requirements in order to submit a successful Tier 1 Entrepreneur Visa application. Applicants are ideally high net worth individuals and must provide evidence that they have access to a minimum of £200,000 in investment funds. Applicants may rely on previous investments in the UK of £200,000, but this amount must have been invested in 12 months prior to the application being made to qualify. ## What are the key considerations to set up a business under the Tier 1 Investor visa? The [Tier 1 Investor visa](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) route is again another one of the very popular Business Immigration Routes for prospective investors to come to the UK as unlike the Tier 1 Entrepreneur visa, Applicants do not have to show evidence of meeting the Maintenance and English Language requirement. Applicants are also permitted to work or study on a Tier 1 Investor visa. The Tier 1 Investor visa is initially granted for 3 years 4 months, after which Applicants will need to apply for a 2 years extension before being eligible to apply for Indefinite Leave to Remain in the UK after a continuous 5 year residence period. There is also an avenue for an Applicant to apply under the Accelerated Settlement Programme and achieve a permanent settlement in the UK in either 2 or 3 years providing certain requirements are met. Applicants must be high net worth individuals and meet the eligibility requirements for a successful Tier 1 Investor visa application which includes making substantial financial investments in the UK of no less than £2 million. ## About LEXVISA Solicitors and Barristers as London’s Leading Immigration Law Firm We regularly assist High Net Worth Applicants who wish to enter the UK for investment purposes or to establish a business presence UK business may apply under the Points Based System, by way of either a [Tier 1 Investor](https://www.gov.uk/tier-1-investor/overview) Visa or [Tier 1 Entrepreneur Visa](https://www.gov.uk/tier-1-entrepreneur/overview), being the most common Business Immigration Routes in the UK. We are part of the fastest growing law firm in the Plimsoll UK Top 500 solicitors firms of 2016. [LEXVISA Solicitors and Barristers are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements of these Business Immigration Routes. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess which Business Immigration Routes are suitable for you and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or by email at [ImmigrationTeam@lexlaw.co.uk](mailto:ImmigrationTeam@lexlaw.co.uk). ## Our Successful Immigration Lawyers [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Visas and Immigration application under the Business Immigration Routes before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant immigration rules. Our Head of Immigration, Aejaz Mussa, is a dual-qualified barrister and solicitor and practises as a solicitor-advocate with full higher rights of audience. He is has worked with many High Net Worth Individuals advising them on the broad spectrum of the Business Immigration Routes that are available and which is most suitable for their needs. He supervises and manages the Immigration Team at LEXVISA and strives to ensure that the team operates at the very highest levels of success. For our full list of solicitors and barristers, please [click here](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/). Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # Success Story: British Citizenship Application Granted Source: https://immigrationandvisasolicitors.co.uk/british-citizenship-application/ *Our team of expert solicitors recently received some wonderful news that a returning client (the Applicant) had been granted [British Citizenship](https://www.gov.uk/becoming-a-british-citizen). This was the second occasion the client had instructed the firm as she had previously instructed the firm to prepare her EEA Permanent Residence application. The Client had contacted us informing us that she would like to book a further consultation as she now wanted to make a British Citizenship Application. Upon instruction, our specialist immigration team successfully prepared the application and received a decision on the application before the 6 months standard processing time. * ## British Citizenship Application: Background The Applicant was a Polish national who first entered the UK as an EEA national exercising her Treaty Rights as a Student. In our consultation with the Applicant, we addressed the issues surrounding the Applicant’s current circumstances. The Applicant had concerns about whether she would be able to submit a successful [Naturalisation](https://web.archive.org/web/20190215224436/https://immigrationandvisasolicitors.co.uk/uk-naturalisation-british-citizenship-eea-eu-europe-national/) application as she had committed a few Road Traffic Offences that impacted on whether the Applicant satisfied the Good Character requirement. “Good character” is not defined in the [British Nationality Act 1981](http://www.legislation.gov.uk/ukpga/1981/61), there is no statutory guidance for its interpretation of a British Nationality Application. In general, it means respecting the rights and freedoms of the UK, observing the law and fulfilling their duties and obligations as a resident of the UK. Annex D to chapter 18 of the Home Office guidance: Nationality Policy and Casework Instruction provides guidance to how the Good Character Requirement should be assessed for adults as well as young persons in a British Nationality Application. Both adult and minor applicants must disclose all criminal convictions within and outside the UK including non-custodial sentences, out of court disposals (e.g. fines, caution, community sentences) pending prosecutions, dishonesty (e.g. failure to disclose convictions) and breach of immigration rules in a British Nationality Application. Each offence has a respective qualifying “rehabilitation period” under Annex D 2(i). For example, if an adult was imprisoned or detained in a young offender institution for up to 6 months, the rehabilitation period is 7 years, and 3.5 years if the offender was a minor at the time of conviction. The application should be refused unless relevant rehabilitation period has passed. Criminal records play a significant part in the assessment of the Good Character Requirement in a British Nationality Application, but the mere existence or lack of a criminal record is not in itself a conclusive indication. It used to be the case that the caseworker could exercise the Home Secretary’s discretion to disregard a single caution considering all other information in specific circumstances, it is not clear how the discretion is exercised anymore or at all, and it is pointed out that there is need to promote young persons’ best interests as a primary consideration in a British Nationality Application. After speaking to our expert solicitors, the Applicant was reassured that our solicitors often assisted clients in similar situations to hers. The Applicant instructed us to prepare and assist with the submission of her Naturalisation application. Our solicitors were able to prepare an exceptional application and eliminate any concerns, resulting in a successful application. ## How we can assist submit a successful British Citizenship Application In this particular case, the client had informed our team that she would like to submit her application as strong as possible but without delaying the case. Our Solicitors prepared a bespoke documents list outlining all the necessary documents required for a successful application. Our solicitors successfully guided the Applicant through the application process and prepared outstanding legal representations, which directly tackled all the issues, involved in the Applicant’s application and highlighted how the Applicant met the UK immigration rules. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her documents to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with the [AN Naturalisation](https://www.gov.uk/government/publications/application-to-naturalise-as-a-british-citizen-form-an) application form. ## Eligibility for a British Citizenship Application In order to submit a successful British Citizenship Application, Applicants must ensure they meet the following requirements: - Applicants must be at least 18 or over; - Applicants must be of sound mind and have good character; - Applicants must intend on making the UK their main place of home; - Applicants must have sufficient knowledge of English Language & Sufficient knowledge of life in the UK; and - Applicants must meet the residency requirements. Those wishing to apply for Naturalisation must make a British Citizenship Application, therefore, should consult with a member of our expert immigration team so we can consider the eligibility criteria and explore whether, among other requirements, they meet the good character and residency requirements. ## Using Legal Representation to Submit a British Citizenship Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a British Citizenship Application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK British Citizenship Application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your British Citizenship Application meets the Immigration Rules. ## Successful British Citizenship Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your British Citizenship Application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Home Office Policy Guidance Update: EEA decisions on grounds of Public Policy and Public Security Source: https://immigrationandvisasolicitors.co.uk/home-office-update-eea-decisions/ *On 21 November 2017, the Home Office published an update on it's policy guidance relating to EEA decisions on grounds of public policy and public security which was initially published on 1 February 2017 when the EEA Regulations 2006 were replaced by the EEA Regulations 2016. Some of the key updates to the Home Office Policy guidance for EEA decisions on the grounds of public policy and public security include clarifications to certain sections as well as the addition of others, which we will outline below. * ## What are EEA decisions on grounds of Public Policy and Public Security? EEA nationals who fail to meet the good character requirement due to criminality or by a marriage, civil partnership or durable partnership of convenience can have their free movement rights restricted or revoked under the [EEA Regulations 2016](http://www.eearegulations.co.uk/Regs2016). EEA decisions which are made on the grounds of public policy and public security are discretionary and must be proportionate in that the safety and interest of the public outweighs the rights of the individual. The Home Office Policy Guidance update applies to EEA nationals, non-EEA national family members of EEA nationals, extended family members who can confirm their right of residence in the UK and individuals who have a derivative right of residence in the UK under Regulation 8 of the EEA Regulations 2016 which replaces the conducive to the public good test. ## EEA decisions on grounds of Public Policy and Public Security Update The Home Office has updated its Policy Guidance for EEA decisions on the grounds of public policy and public security relating to a number of matters, of which we will briefly mention below: ### Child Dependants The Home Office Policy Guidance update on EEA decisions on the grounds of public policy and public security gives clarification on how to consider the status of child dependants as to whether the dependent child is an EEA national who has their own right of residence or if the child dependant is a non-EEA national who has retained rights of residence. Careful consideration must be given as to whether the child dependant is solely dependent on the individual whose free movement rights have been restricted on the grounds of public policy and public safety and if so, the child dependant may be subject to administrative removal. ### Liability to deportation and appeal rights The Home Office Policy Guidance update on EEA decisions on the grounds of public policy and public security amends the requirements relating to liability to [deportation](https://www.gov.uk/government/publications/eea-decisions-taken-on-grounds-of-public-policy) in that the individual will be notified in writing and given the opportunity to make representations as to why they should not be deported. Individuals will be given appeal rights under the EEA Regulations 2016 if the public policy decision was made on or after 1 February 2017. However, if the public policy decision was made before 1 February 2017, then the appeal will be considered under the previous EEA Regulations 2006. ### Individuals deported under the Immigration Acts who have subsequently acquired EEA rights Individuals who have previously been [deported](https://web.archive.org/web/20190209143400/https://immigrationandvisasolicitors.co.uk/detention-bail-temporary-admission-immigration/uk-deportation-orders-removal-orders/) from the UK under the Immigration Act 1971 or Borders Act 2007 will be considered under the EEA Regulations 2016 if they had been deported prior to their country of nationality becoming an EU member state, where the individual is a non-EEA national who has subsequently been granted citizenship of another EEA country or if the individual has become the family member of an EEA national. It is important that individuals are aware that a deportation order is still valid regardless if the individual has since acquired EEA rights. In order for the deportation order to be revoked, the individual must make an out of country written request to the Secretary of State requesting to have the deportation order revoked on the basis of their new EEA rights. ### Restrictions on work and EEA Residence Applications The Home Office Policy Guidance update for EEA decisions on the grounds of public policy and public security has introduced a section relating to the decision to impose a restriction on work, residency or reporting which can only be made after a decision has been taken to remove an individual from the UK on public policy and public security grounds. Careful consideration must be given to ensure that the removal of the right to work will not have an adverse impact on the individual’s long term physical and mental health. If an individual wishes to make an [EEA Residence application](https://immigrationandvisasolicitors.co.uk/eea-family-permits-eea-residence-cards/) but are subject to a deportation order, they must ensure that the deportation order is revoked by making an out of country application. Any [EEA Residence](https://www.gov.uk/apply-for-a-uk-residence-card) applications which are submitted whilst the deportation order is valid will automatically be deemed invalid. Please find the full updated Home Office Policy Guidance on EEA decisions on grounds of Public Policy and Public Security here: [eea-decisions-on-grounds-of-public-policy-and-public-security-2.0 LEXVISA Solicitors and Barristers London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/11/eea-decisions-on-grounds-of-public-policy-and-public-security-2.0-LEXVISA-Solicitors-and-Barristers-London.pdf) ## Using Legal Representation for applications against EEA decisions on grounds of Public Policy and Public Security Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an application against EEA decisions on grounds of Public Policy and Public Security. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful applications against EEA decisions on grounds of Public Policy and Public Security [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # LEXVISA Weekly Immigration Update 24 November 2017 Source: https://immigrationandvisasolicitors.co.uk/lexvisa-weekly-update-uk-visas/ *Our team of expert solicitors recently received some wonderful news that one of our returning clients ("the Applicant") had been granted [British Citizenship](https://www.gov.uk/becoming-a-british-citizen). This week we also explained that although the Tier 1 Investor Visa and Tier 1 Entrepreneur Visa options are attractive options for high net worth individuals, it is important to understand the distinction between a Tier 1 Investor Visa and a Tier Entrepreneur Visa and their differing requirements. On 21 November 2017, the Home Office released it's updated policy guidance on EEA decisions on grounds of Public Policy and Public Security.* ## 1. Business Immigration Routes Explained: Tier 1 Entrepreneur or Tier 1 Investor Visa? The [Tier 1 Entrepreneur visa ](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/)is one of the hugely popular Business Immigration Routes as it allows prospective entrepreneurs to come to the UK to either set up a new business or join an existing business, in which they have control.The [Tier 1 Investor visa](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) route is another one of the very popular Business Immigration Routes for prospective investors to come to the UK as unlike the Tier 1 Entrepreneur visa, Applicants do not have to show evidence of meeting the Maintenance and English Language requirement. Applicants are also permitted to work or study on a Tier 1 Investor visa. It is important to ensure that you can meet the requirements of these Business Immigration Routes in accordance with UK Immigration Law and Rules to start, establish or invest in a business in the UK. We regularly assist High Net Worth Applicants who wish to enter the UK for investment purposes or to establish a business presence UK business may apply under the Points Based System, by way of either a [Tier 1 Investor](https://www.gov.uk/tier-1-investor/overview) Visa or [Tier 1 Entrepreneur Visa](https://www.gov.uk/tier-1-entrepreneur/overview), being the most common Business Immigration Routes in the UK. We are part of the fastest growing law firm in the Plimsoll UK Top 500 solicitors firms of 2016. ## 2. Success Story: British Citizenship Application Granted The Applicant first entered the UK as an EEA national exercising her Treaty Rights as a Student. She had concerns about whether she would be able to submit a successful [Naturalisation](https://web.archive.org/web/20190215224436/https://immigrationandvisasolicitors.co.uk/uk-naturalisation-british-citizenship-eea-eu-europe-national/) application as she had committed a few Road Traffic Offences that impacted on whether the Applicant satisfied the Good Character requirement. “Good character” is not defined in the [British Nationality Act 1981](http://www.legislation.gov.uk/ukpga/1981/61), there is no statutory guidance for its interpretation of a British Nationality Application. In general, it means respecting the rights and freedoms of the UK, observing the law and fulfilling their duties and obligations as a resident of the UK. Annex D to chapter 18 of the Home Office guidance: Nationality Policy and Casework Instruction provides guidance to how the Good Character Requirement should be assessed for adults as well as young persons in a British Nationality Application. Our solicitors successfully guided the Applicant through the application process and prepared outstanding legal representations, which directly tackled all the issues, involved in the Applicant’s application and highlighted how the Applicant met the UK immigration rules. ## 3. Home Office Policy Guidance Update: EEA decisions on grounds of Public Policy and Public Security EEA nationals who fail to meet the good character requirement due to criminality or by a marriage, civil partnership or durable partnership of convenience can have their free movement rights restricted or revoked under the [EEA Regulations 2016](http://www.eearegulations.co.uk/Regs2016). EEA decisions which are made on the grounds of public policy and public security are discretionary and must be proportionate in that the safety and interest of the public outweighs the rights of the individual. The update focuses on child dependants, liability to deportation and appeal rights, individuals deported under the Immigration Acts who have subsequently acquired EEA rights and restrictions on work and EEA Residence Applications.  The full updated Home Office Policy Guidance on EEA decisions on grounds of Public Policy and Public Security here: [eea-decisions-on-grounds-of-public-policy-and-public-security-2.0 LEXVISA Solicitors and Barristers London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/11/eea-decisions-on-grounds-of-public-policy-and-public-security-2.0-LEXVISA-Solicitors-and-Barristers-London.pdf) ## Using Legal Representation to Submit a UK Visas and Immigration Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visas and Immigration application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Visas and Immigration application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Visas and Immigration application meets the Immigration Rules. ## Successful UK Visas & Immigration Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Visas and Immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # LEXVISA Weekly Immigration Update 27 October 2017 Source: https://immigrationandvisasolicitors.co.uk/immigration-update-27-october-2017/ *This week we wrote about the popular Tier 1 Investor Visa as being synonymous with the Golden Visa. The Tier 1 Investor was introduced to appeal to High Net Worth individuals from overseas and is assessed under the Point Based System (PBS). We also wrote about the uncertainty for EEA Workers in the Fashion Industry post-Brexit and we were also happy to announce another successful Entry Clearance UK Spouse Visa Application. Lastly we also wrote about the importance of having legal representation when preparing UK Visas and Immigration applications as is highlighted by the case of Felber & Anor v SSHD whereby the Applicants did not fully understand the Home Office requirements and as a result their Tier 1 Entrepreneur Settlement application was refused due to them not fully understanding the requirements. * ##  The Golden opportunity under the Golden Visa – Tier 1 Investor Visa One of the key attractions for the Tier 1 Investor visa also known as the Golden Visa is the potential to settle in the UK before the 5-year mark. In normal circumstances, Applicants can only settle once they have resided in the UK for 5 continuous years and meet the requirements for Indefinite Leave to Remain (ILR) under the Immigration Rules. The Tier 1 Investor visa offers accelerated settlement for Applicants and their dependents. Ultimately, the settlement route would depend on the investment amount. The accelerated investment amounts are listed below: - £10 million investment allows settlement in 2 years; - £5 million investment allows settlement in 3 years; or - £2 million investment allows settlement in 5 years. Another benefit for Applicants is that they are not required to meet the English Language requirement that must be met in other Points Based System applications such as [Tier 1 Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/), [Tier 2 Work](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) and [Tier 4 Student visa](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/). The residency requirement is also very kind as it allows Applicants to spend up to 180 days outside the UK per year. There is no other visa category under the Immigration Rules that allows Applicants to spend 180 days outside the UK without breaking the residency requirement. ## The Impact of Brexit on the Fashion Industry for EEA Workers The Institute for Public Policy Research (IPPR) think-tank has said that the UK Fashion Industry, along with many others, will find it near impossible to recruit non-skilled EEA Workers post-Brexit, despite the number of jobs currently on the [Shortage Occupation List](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list), as some Fashion Industry jobs are such as designers and those in buying and purchasing. Although the UK Government is insistent on reducing the UK’s net migration figure to 100,000 and to encourage UK businesses to employ British nationals before considering overseas workers, this has been seen to have an adverse impact on the [UK Economy](https://www.businessoffashion.com/articles/intelligence/brexit-fashion-2017-british-break-up) and the UK Fashion Industry as the struggle to fill job vacancies is ever increasing. Once the UK has left the EU, EEA Workers will have to apply under the Points-Based System of the Immigration Rules, or similar, as non-EEA migrant workers currently do. However, this is a far more complex process as the requirements are far more stringent and harder to satisfy. UK businesses in the Fashion Industry hiring foreign migrant workers under [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) of the Points-Based System would have to pay a minimum salary of £30,000 per year to every migrant worker, which has already seen the collapse of many small businesses who have been subject to these new requirements for non-EEA migrant workers. Further, there is also the recent [Immigration Skills Charge](https://web.archive.org/web/20190320133004/https://immigrationandvisasolicitors.co.uk/new-immigration-skills-charge-tier-2/) which will add further expense to employers recruiting overseas workers in the Fashion Industry as Tier 2 Sponsor employers must pay £1,000 per migrant worker they employ. ## Success Story-Entry Clearance UK Spouse Visa Granted We received the wonderful news that a client (the Applicant) UK Spouse Visa application had been successful. The Applicant was a Ukrainian national residing in her home country. The Applicant and Sponsor met on holiday in India and started dating shortly after. Soon after they met, the couple instantly discovered their shared interests and mutual attraction for one another. In our initial consultation with the Sponsor, he had informed us that the Applicant had 4 previous UKVI Home Office refusals to her name. Our Solicitors reviewed the previous refusals and informed the Applicant of what work and documents are required to achieve a successful application. As mentioned above in this particular case, the Applicant had 4 previous UKVI Home Office refusals to her name as the Home Office was not satisfied that she met the Immigration Rules. However, our specialist immigration team were able to achieve a successful result for our client. ## Recent Court Ruling forces Tier 1 Entrepreneur Visa couple out of the UK The Home Office and UK Visas and Immigration rules can be highly complex and it is important that Applicants fully understand all of the requirements before submitting a UK Visas application otherwise it will be refused by the Home Office. This has recently been highlighted in the case of *Felber & Anor v Secretary of State for the Home Department* [2017] ScotCS CSOH 130 (“*Felber & Anor v SSHD*”) whereby their application for Tier 1 Entrepreneur Settlement, also known as Indefinite Leave to Remain, was refused due to the Applicants ‘mistakenly’ not meeting the Tier 1 Entrepreneur Job Creation Requirement during their period of extension. If anything, this case has highlighted the importance that Applicants should fully be aware and understand the requirements for not only the Tier 1 Entrepreneur Visa extension application but also for future settlement. It can be argued that the decision in *Felber & Anor v SSHD *is harsh and that discretion should have been used as the Applicants have made positive contributions to the UK since 2011 and had to the best of their knowledge, complied with all of the Home Office’s rules and requirements. The irony is that the UK Government is eager to attract [high net worth individuals](https://www.theguardian.com/uk/2011/mar/16/new-immigration-rules-super-rich) such as [Tier 1 Investors](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) and Tier 1 Entrepreneurs, yet due to the wording of the Immigration Rules being unclear and confusing, the Applicants are now being forced to leave the UK. The UK Immigration Rules and requirements are complex therefore it is crucial to seek expert legal advice from our business immigration lawyers before preparing and submitting a UK visa application to the Home Office. The full judgment can be accessed here: [Felber & Anor v Secretary of State for the Home Department [2017] ScotCS CSOH 130 | LEXVISA Solicitors & Barristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/10/Felber-Anor-v-Secretary-of-State-for-the-Home-Department-2017-ScotCS-CSOH-130.pdf) ## Using Legal Representation to Prepare a UK Visas and Immigration Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visas and Immigration application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Visas and Immigration application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Visas and Immigration application meets the Immigration Rules. ## Successful UK Visas and Immigration Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Visas and Immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # New Right to Bank Check Comes into Force as of 30 October 2017 Source: https://immigrationandvisasolicitors.co.uk/right-to-bank/ *As of today, 30 October 2017 new measures have been introduced (Right to Bank) by the Home Secretary to further crack down on net migration in the UK.  Section 45 (bank accounts) and Schedule 7 of the Immigration Act 2016 are now fully operative and all banks in the UK will have an obligation to check the immigration status of existing and new bank account holders. We have previously written about the controversial Home Office measures such as the [Right to Rent](https://immigrationandvisasolicitors.co.uk/right-to-rent-scheme-uk-landlords/) and [Right to Wor](https://immigrationandvisasolicitors.co.uk/hr-advice-right-to-work-checks-penalties-ukvi-business-immigration/)[k](https://immigrationandvisasolicitors.co.uk/hr-advice-right-to-work-checks-penalties-ukvi-business-immigration/) checks. It is clear the Home Office is implementing these measures to encourage migrants to regularise their immigration status in the UK as well as to deter illegal migration to the UK.    * ## New Right to Bank Check under the Immigration Act 2016 Earlier today new measures were introduced requiring all UK banks to check the Immigration status of all new and existing bank account holders in the UK. The purpose of the Right to Bank Check is to deter illegal migration to the UK and to encourage migrants in the UK to regularise their status by submitting a UKVI Home Office application. Banks are now required to conduct quarterly periodic checks and banks and building societies who fail to comply with Right to Bank checks will be held accountable by the Financial Conduct Authority. As soon as a bank identifies an account holder as someone without valid immigration status, the bank is required to inform the Home Office. The bank will then proceed to freeze the bank account and further investigate whether the person is entitled to be in the UK by liaising with the Home Office. The Home Office has been criticised for introducing the Right to Bank Check as this measure could potentially leave people vulnerable with no access to their money for everyday living expenses. Whilst the Home Office has promised to allow people who fall victim to the Right to Work Check to apply to the court to have access to some of their funds for everyday essentials. The Immigration Law Practitioners have criticised the introduction of the Right to Work Check as they believe > “*The Home Office frequently provides incorrect or out of date information about a person’s immigration status*.” The Home Office has now also published new Policy Guidance for Banks informing them of their obligation to check the status of all account holders. To see the new Policy Guidance please see below: [Guidance for Banks and Building Societies on carrying out Immigration Status Checks on Current Account Applicants | LEXVISA Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/10/Guidance-for-banks-and-building-societies-on-carrying-out-immigration-status-checks-on-current-account-applicants-LEXVISA-Solicitors-and-Barristers.pdf) ## Right to Rent and Right Work Checks under the Immigration Act 2016 In addition to the Right to Bank Check, the Home Office also has the Right to Rent and Right to Work check measure to prevent illegal migration. The Right to Rent Check requires landlords and letting agents to conduct an obligatory Right to Rent Check ensuring tenants have valid Immigration Status in the UK.  Failure to comply with a Right to Rent Check could result in landlords being fined up to £3000 per illegal tenant.  In order to successfully conduct a Right to Rent landlords must establish what immigration status their tenants. Similarly, employers must also conduct a Right to Work Check for all overseas workers. A failure to comply with Right to Work Check could result in employers being liable for a civil penalty of £20,000. ## Using Legal Representation to Comply with the Right to Bank Check and Regularise your UK Immigration Status Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on immigration law and your immigration status ensuring you comply with the Right to Bank Check. It is possible to instruct an immigration and visa legal representative to assist you with understanding and complying with a Right to Bank Check. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that you comply with the Right to Bank Check. ## Successfully Comply with the Right to Bank Check and Regularise your UK Immigration Status Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and whether you comply with the Right to Bank Check before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # The UK is a Hotspot for Business Immigration Investment Source: https://immigrationandvisasolicitors.co.uk/business-immigration-investment/ *The UK is a Business Hotspot for High Net Worth individuals as there are many Business Immigration Investment opportunities in the UK for Tier 1 Investor Visa and Tier 1 Entrepreneur Visa holders to take advantage of and benefit from. Despite all of the uncertainty of Brexit and the future for foreign migrants, the UK Government continues to publically welcome  Investors and Entrepreneurs who can benefit from the opportunities that the UK has to offer and in turn the UK economy will continue to thrive and be a Business Hotspot providing many business opportunities for overseas Investors and Entrepreneurs.* ## Why is the UK a Hotspot for Business Immigration Investment under the Tier 1 Visa Route? More overseas companies locate their businesses in the [UK](https://www.ons.gov.uk/economy/nationalaccounts/balanceofpayments/articles/ukforeigndirectinvestmenttrendsandanalysis/summer2017) than anywhere else in Europe. This is because of the UK is innovative in the business world and individuals can receive a high return on investment. The Tier 1 Investor Visa and Tier 1 Entrepreneur Visa routes of the Points-Based System allow overseas High Net Worth business persons to come to the UK in order to benefit from the UK as a Business Hotspot. Despite the uncertainty of [Brexit](https://immigrationandvisasolicitors.co.uk/brexit-negotiations/), the UK continues to welcome overseas High Net Worth individuals and the UK remains and [attractive option](http://www.independent.co.uk/news/business/news/uk-brexit-global-dealmakers-leave-eu-business-hub-us-china-a8026781.html) for overseas business persons to invest in or set up their businesses. Tier 1 Investor Visa Applicants may potentially set up an [Investment Vehicle](https://immigrationandvisasolicitors.co.uk/business-investors-tier-1-investor-visa/) in order to invest in the UK under the Tier 1 Investor Visa route to then enable them to work and study in the UK. This unique way of investing can add to the appeal of the UK for High Net Worth individuals which further demonstrate the UK as a Business Hotspot as this can lead to further employment and education opportunities. LEXVISA has affiliations within the financial services sector who can offer guidance on [investment](http://investuk.com/) opportunities and discussing the Investment Vehicle option. ## The Difference between the Tier 1 Investor Visa and Tier 1 Entrepreneur Visa Both the Tier 1 Investor Visa and Tier 1 Entrepreneur Visa routes are attractive options for High Net Worth business persons looking opportunities in the UK as a [Business Hotspot](http://www.telegraph.co.uk/business/2017/06/29/uk-remains-europes-top-destination-foreign-investment-financial/). However there are distinct differences between the two visa routes: ### Tier 1 Investor Visa The [Tier 1 Investor Visa](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) route is appropriate for High Net Worth individuals who intend on making substantial financial investments in the UK. The 1 Investor Visa Applicants must prove that they have access to a minimum amount of £2 million and they must demonstrate that they have opened a bank account in the UK for the purpose of investing at least £2 million. Tier 1 Investor Visa Applicants are also required to meet the maintenance and English Language requirements. It is important that Tier 1 Investor Applicants are aware that they cannot invest directly into property. ### Tier 1 Entrepreneur Visa Unlike Tier 1 Entrepreneur Visa Applicants, Tier 1 Entrepreneurs are not required to provide evidence of maintenance or meet any English Language Requirements.  This makes the Tier 1 Entrepreneur Visa a very popular and attractive option. The [Tier 1 Entrepreneur Visa](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/) allows Applicants to come to the UK to either set up a new business or to take over an existing business. Tier 1 Entrepreneur Applicants are required to provide evidence that they have access to a minimum of £200,000 in investment funds ready and available to invest in the UK. The Tier 1 Entrepreneur Visa initially allows Applicants to be in the UK for a maximum period of 3 years and 4 months, after which Applicants may then apply for an extension for a further 2 years. LEXVISA Business Immigration Solicitors have a great deal of experience and success with Tier 1 Investor Visa and Tier 1 Entrepreneur Visa applications and can advise you on which application is best suited to your individual circumstances. ## Using Legal Representation for Business Immigration Investment Applications Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your Business Immigration Investment applications. You can instruct one of our immigration and visa legal representatives to successfully assist you with making a Business Immigration Investment application. Our solicitors and Barristers will help you comply with the UK Home Office Immigration Rules and requirements and meet the UK Immigration Rules for a Business Immigration Investment applications. Caseworkers at the UK Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Home Office Immigration Rules. ## Successful Business Immigration Investment Applications Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Business Immigration Investment application even reaches the UK Home Office Visa & Immigration department. We can assist you with the preparation and submission of a Business Immigration Investment application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Business Immigration Investment application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # TUPE transfers and migrant workers – are you an employer with a Tier 2 Sponsor Licence? Source: https://immigrationandvisasolicitors.co.uk/tupe-transfers-and-migrant-workers/ *The “Transfer of Undertakings Regulations” known as [TUPE](https://www.gov.uk/transfers-takeovers) exist to protect employee rights under new management as the workforce is transferred along with the company.  The rules governing TUPE are notoriously convoluted and the issue of immigration further complicates matters. This article is intended to be a brief introduction to TUPE transfers and migrant workers, the various issues that may arise, and how LEXVISA Immigration Solicitors and Barristers can help you overcome these. * ## The connection between TUPE transfers and migrant workers When an employer inherits employees via TUPE transfers, the new employer (transferee or buyer) is responsible for ensuring all right to work checks are correctly carried out. The only exception to this is if the transferee can be sure that the transferor correctly carried out these checks previously. So what’s the risk? The transferee is often liable for any mistakes or discrepancies that may occur as a result of the TUPE transfers scheme. For any employer in a transferee position, this risk is undesirable, as it could impact the business both internally and externally as sponsor licences may be revoked and the disclosure could impact any future commercial bids or tenders. For these reasons, LEXVISA Immigration Solicitors and Barristers suggests seeking specialist legal advice in these situations. ## Applying for a Tier 2 Sponsor Licence Migrant workers are employed on the basis of receiving a Certificate of Sponsorship from their employer, in order to obtain Tier 2 Work Visas. Employers have to apply for sponsor licenses from the Home Office and this process is difficult in its own right but should transferees fail to conduct adequate checks into their migrant workers, the complications can be extensive. Although employees can be transferred with relative ease, the sponsor licence itself cannot, and the transferee must apply for it. This is also the case where a transferee has an existing sponsorship licence but it doesn’t cover the relevant tiers or categories. A new licence or extension should be sought within 20 working days of the transfer. If this deadline is not met, all Tier 2 Work Visa employees are liable to have their leave to work curtailed to 60 days (unless exemptions apply). If the new employer does not seek the license in the timeframe, it may be subject to civil and/or criminal sanctions. Visits from the Home Office should be expected during the application process. If the transferee deliberately fails to make an application for a sponsor licence with the intention of avoiding sponsored migrant employment, the employee has grounds to bring an unfair dismissal complaint at the Employment Tribunal, providing all obligatory terms are satisfied. ## What further responsibilities do each TUPE transfers and migrant workers have? During the TUPE transfers process, both transferor and transferee have responsibilities to undertake. If you are a transferor, you must report the transfer via the Sponsorship Management System (SMS) within 20 working days, including full details of the sponsored migrants being transferred and whether or not the license is surrendered or dormant. As a transferee, you must also report the transfer within 20 working days to the SMS, including full details of the sponsored migrants being transferred and if relevant, apply for an increase in allocation of certificates of sponsorship. You must also apply for access to the transferor’s SMS so that you can report migrant activity as you will not be able to see transferring employees on your own system. ## Preventing the Certificate of Sponsorship being transferred under TUPE transfers and migrant workers scheme If an employee’s role or salary changes during the transfer (i.e. it falls within a new Standard Occupational Classification (SOC) code), the employee will need to make a new application for leave and the transferee is required to assign a new Certificate of Sponsorship. Usually, this will require a new resident labour market test. This article has sought to highlight the complexities and potential escalation that may occur during TUPE transfers and migrant workers, and how important due diligence in these situations is. It is highly advised to seek specialist legal advice to ensure that all of the necessary requirements are met and that applications are made in good time. LEXVISA Immigration Solicitors and Barristers can assist you in these matters as we are a team of highly experienced solicitors and barristers, who are extremely familiar with the relevant application processes and always strive to obtain the best results for our clients. Our service is entirely bespoke and personal, and we treat our clients as people, not cases. ## Using Legal Representation for a Tier 2 Sponsor Licence under TUPE transfers and migrant workers scheme Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 Sponsor Licence application under the TUPE transfers and migrant workers scheme. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 2 Sponsor Licence application under the TUPE transfers and migrant workers scheme succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 2 Sponsor Licence application under the TUPE transfers and migrant workers scheme meets the Immigration Rules. ## Successful Tier 2 Sponsor Licence under TUPE transfers and migrant workers scheme [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 2 Sponsor Licence application under the TUPE transfers and migrant workers scheme. before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 2 Sponsor Licence application under the TUPE transfers and migrant workers scheme. and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA Immigration Solicitors and Barristers is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # LEXVISA Weekly Immigration Update 3 November 2017 Source: https://immigrationandvisasolicitors.co.uk/lexvisa-uk-immigration-application/ *LEXVISA Immigration Solicitors and Barristers explained that earlier this week new Right to Bank Check measures have been introduced by the Home Secretary to further crack down on the UK’s net migration figure. We have also explained that the UK is a Hotspot for Business Immigration Investment and this can be beneficial for Tier 1 Investor Visa and Tier 1 Entrepreneur Visa holders who are seeking business opportunities in the UK. Lastly, we outlined the connection between TUPE Transfers and migrant workers and the importance of employers with a Tier 2 Sponsor Licence carrying out sufficient Right to Work Checks.  * ## 1. New Right to Bank Check Comes into Force as of 30 October 2017 As of 30 October 2017, Section 45 (bank accounts) and Schedule 7 of the Immigration Act 2016 are fully operative and all banks in the UK will have an obligation to conduct quarterly periodic checks to monitor the immigration status of both existing and new bank account holders. Banks and building societies who fail to comply with these [Right to Bank Checks](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/10/Guidance-for-banks-and-building-societies-on-carrying-out-immigration-status-checks-on-current-account-applicants-LEXVISA-Solicitors-and-Barristers.pdf) will be held accountable by the Financial Conduct Authority. The [Right to Bank Check](http://www.bbc.co.uk/news/uk-41357048) is an extension of the [Right to Work Check](https://immigrationandvisasolicitors.co.uk/hr-advice-right-to-work-checks-penalties-ukvi-business-immigration/) and [Right to Rent Check](https://immigrationandvisasolicitors.co.uk/right-to-rent-scheme-uk-landlords/) which the Home Office use in order to reduce and prevent illegal migration in the UK. This has sparked a great deal of criticism as the Home Office frequently provides incorrect or out of date information about an individual’s immigration status and therefore these checks may put vulnerable people more at risk. ## 2. The UK is a Hotspot for Business Immigration Investment More overseas companies locate their businesses in the [UK](https://www.ons.gov.uk/economy/nationalaccounts/balanceofpayments/articles/ukforeigndirectinvestmenttrendsandanalysis/summer2017) than anywhere else in Europe. This is because of the UK is innovative in the business world and individuals can receive a high return on investment. The [Tier 1 Investor Visa](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/) and Tier 1 Entrepreneur Visa routes of the Points-Based System allow overseas High Net Worth business persons to come to the UK in order to benefit from the UK as a Business Hotspot. Despite the uncertainty of [Brexit](https://immigrationandvisasolicitors.co.uk/brexit-negotiations/), the UK continues to welcome overseas High Net Worth individuals and the UK remains and [attractive option](http://www.independent.co.uk/news/business/news/uk-brexit-global-dealmakers-leave-eu-business-hub-us-china-a8026781.html) for overseas business persons to invest in or set up their businesses. Both the Tier 1 Investor Visa and [Tier 1 Entrepreneur Visa](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/) routes are attractive options for High Net Worth business persons looking opportunities in the UK as a [Business Hotspot](http://www.telegraph.co.uk/business/2017/06/29/uk-remains-europes-top-destination-foreign-investment-financial/). However there are distinct differences between the two visa routes and Applicants should seek specialist legal advice from our Immigration Lawyers to understand the best route for them before applying. ## 3. TUPE transfers and migrant workers – are you an employer with a Tier 2 Sponsor Licence? When an employer inherits employees via [TUPE transfers](https://www.gov.uk/transfers-takeovers), the new employer is responsible for ensuring all [Right to Work Checks](https://www.gov.uk/legal-right-work-uk) are correctly carried out. The only exception to this is if the transferee can be sure that the transferor correctly carried out these checks previously. The transferee is often liable for any mistakes or discrepancies that may occur as a result of the TUPE transfers scheme. Both the transferor and transferee have responsibilities to undertake during the TUPE transfers process. A new licence or extension should be sought within 20 working days of the transfer. If this deadline is not met, all [Tier 2 Work Visa](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) holders are liable to have their leave to work curtailed to 60 days (unless exemptions apply). If the new employer does not seek the [Tier 2 Sponsor License](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) in the timeframe, it may be subject to civil and/or criminal sanctions. If an employee’s role or salary changes during the TUPE transfer, then the employee will need to make a new application for leave and the transferee is required to assign a new [Certificate of Sponsorship](https://immigrationandvisasolicitors.co.uk/sponsorship-management-system-sms/). Usually, this will require a new [Resident Labour Market Test](https://web.archive.org/web/20210121211133/https://immigrationandvisasolicitors.co.uk/skilled-migrants-resident-labour-market-test/) to be carried out. ## Using Legal Representation to Submit a UK Visas and Immigration Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visas and Immigration application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Visas and Immigration application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Visas and Immigration application meets the Immigration Rules. ## Successful UK Visas & Immigration Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Visas and Immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Landmark Case over Home Office Abuse of Power on Tier 4 Student Visa Applications Source: https://immigrationandvisasolicitors.co.uk/home-office-abuse-of-power/ *The case of a Tier 4 Student whose leave was curtailed following the Home Office abuse of power in its response to the discovery that there had been cases where Tier 4 Applicants were meeting the English Language Requirement by fraudulent means has been labelled a landmark case for Tier 4 Students in a similar position. The way that the Home Office handled this situation is just another example of Home Office abuse of power and its victimisation of migrants in Theresa May's desperate attempt to reduce the UK's net migration figure.  This has consequently affected the lives of many innocent and blameless Tier 4 Students, however since this ruling, there is now hope for vindication.   * ## Background: Fraudulent English Language Tests for Tier 4 Student Visa Applications In [2014](https://immigrationandvisasolicitors.co.uk/ets-no-longer-offering-toefl-toeic-english-language-tests-for-uk-visa-applications/), it was uncovered that there were cases where Tier 4 Applicants had been fraudulently obtaining their Test of English for International Communication (“TOEIC”) by allegedly paying fake candidates to sit the written and oral exams on their behalf. Subsequently, the Home Office deemed over 33,000 TOEIC certificates invalid and a further 22,000 were marked as questionable and as a result, many [Tier 4](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/) Students were removed from their courses and had their Tier 4 Student Visas curtailed. Following this, many received letters from the Home Office instructing them to leave the UK, with some given only an out of country right of appeal. Consequently, TOEIC is no longer offered by the Educational Testing Services (“ETS”) for the purpose of satisfying the Home Office’s English Language Requirement for UK Visa applications. The Home Office website lists all of its [approved English Language Test centres](https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests) and it is important that Applicants check before booking the test, to avoid not meeting the English Language Requirement. ## The Landmark Case over Home Office Abuse of Power on Tier 4 Student Visa Applications The Applicant is a Bangladesh national who had his right to stay in the UK cancelled by the Home Office after his English proficiency test was deemed invalid had this decision quashed in a [landmark ruling](https://www.channel4.com/news/home-office-abuse-of-power-over-visa). The ruling is significant because it found the blatant Home Office [abuse of power](http://www.bbc.co.uk/news/uk-38236852), having effectively bullied the Applicant’s education institution into withdrawing him from his course, rather than taking an immigration decision that gave rise to rights of appeal enabling the Applicant to challenge the finding reached.On the matter, Lord Justice McCloskey held that: > *The Secretary of State’s ability to invoke the mandatory and unappealable curtailment of leave decision making route was a direct result of the improper conduct, consisting in essence of duress and manipulation.* The UK Government’s handling of Tier 4 English Language Requirement fraud is disgraceful and as a result, many Tier 4 Students were falsely implicated, which has had an impact on many lives, as whilst appealing the Home Office's cruel blanket decision, the Applicant and many others have been unable to work or study in the UK, which has meant that the past few years have been tough. This demonstrates another instance of the Home Office abuse of power and its [hostile environment policy](https://immigrationandvisasolicitors.co.uk/hostile-environment-policy/) that is it creating for foreign migrants in the UK. If you feel that you are or have been treated unlawfully or unfairly by the Home Office, you should seek advice from our specialist immigration solicitors and barristers to ensure that your human rights and status in the UK is protected. The full ruling can be found here: [*R (on the application of Mohibullah ) v Secretary of State for the Home Department (TOEIC – ETS – judicial review principles)* ](http://www.bailii.org/uk/cases/UKUT/IAC/2016/561.html)[[2016] UKUT 561 (IAC)](http://www.bailii.org/uk/cases/UKUT/IAC/2016/561.html)[[2016] UKUT 561 (IAC)](http://www.bailii.org/uk/cases/UKUT/IAC/2016/561.html)[ | LEXVISA Immigration Solicitors and Barristers London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/11/Mohammad-Mohibullah-v-Secretary-of-State-for-the-Home-Department-LEXVISA-Immigration-Solicitors-and-Barristers-London.pdf) ## Using Legal Representation to Overcome the Home Office Abuse of Power Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to overcome the Home Office Abuse of Power. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Visa application meets the Immigration Rules. ## Successfully Overcome the Home Office Abuse of Power [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visa application and ensure that you meet all the requirements of the relevant rules and do not fall victim to the Home Office abuse of power. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA Immigration Solicitors and Barristers are just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # What does the future hold for the European Health Insurance Card? Source: https://immigrationandvisasolicitors.co.uk/european-health-insurance-card/ *European Nationals have recently started to raise question marks on the future of the [European Health Insurance Card](https://www.nhs.uk/nhsengland/healthcareabroad/ehic/pages/about-the-ehic.aspx) (EHIC) post-Brexit. Whilst the UK Government has promised that the European Health Insurance Card will not be a casualty of Brexit, it is likely that there will be significant changes to the current legislation regarding access to healthcare for European nationals post-Brexit. The European Health Insurance Card is an important document for those European nationals who are temporarily visiting any of the European Union (EU) member state countries.  It allows access to state-provided healthcare free of charge or at a reduced cost depending on what treatment would have been available to the EU national in their home country.  * ## What is the European Health Insurance Card (EHIC)? The [European Health Insurance Card](https://www.nhs.uk/using-the-nhs/healthcare-abroad/apply-for-a-free-uk-global-health-insurance-card-ghic/) replaced the old E111 EHIC Certificate in 2005 and since its introduction, it has been a cherished document for EU nationals travelling within the realms of the 27 member state countries. The benefit of holding a valid European Health Insurance Card is that European nationals can access state-provided healthcare in other EU member state countries or Switzerland. If you hold a valid European Health Insurance Card and fall ill on holiday, the card will allow you to access medical treatment to the same standard that would have been available to you in your home country. It is important for this not be interpreted to mean that all medical treatment being free. The medical treatment you receive would depend on what treatment would have been available to you in your home country. In some occasions, treatment may not be for free but at a reduced cost. An EU member state country may deny you medical treatment under the European Health Insurance Card where they suspect that you have specially travelled to access medical care in their country. The purpose of the European Health Insurance Card is to protect and cover EU nationals who fall ill on holiday in other EU member state countries. ## The future of the European Health Insurance Card (EHIC) post-Brexit The UK Government have yet again failed to provide a satisfactory update on the progress of Brexit Negotiations on the subject of Free Movement and the rights of EU nationals in the UK post-Brexit. Whilst there is no doubt that the UK Government will work for the best deal for the UK, it is also apparent that many services such as the European Health Insurance Card may be axed. This would directly impact travel insurance premiums and may possibly deter travel to the UK. However, there has been some positive news; Brexit Secretary David Davis has suggested that there has been some mutual common ground agreed on keeping the [European Health Insurance Card beyond Brexit](https://web.archive.org/web/20180223092429/http://uk.businessinsider.com:80/eu-agrees-to-allow-british-people-to-keep-ehic-cards-after-brexit-2017-8). Further, Mr Davis has also suggested that if an agreement cannot be formed with the EU, the UK will then negotiate with individual member state countries in a bid to keep the European Health Insurance Card alive beyond Brexit. ## Settling in the UK prior to Brexit negotiations concluding The UK Government have proposed a streamlined process at a minimal cost for EU nationals to convert their [Permanent Residence Document](https://immigrationandvisasolicitors.co.uk/permanent-residence-applications/) to a [Settled Status Document](https://immigrationandvisasolicitors.co.uk/eea-settled-status/) in the UK. However, the Government has failed to provide details of measures that they intend on introducing for EU nationals who do not hold a Permanent Residence Document once the UK has officially departed from the EU. It is clear EU nationals who currently hold a valid Permanent Residence Document will benefit from the new streamlined process of applying for a Settled Status Document. We strongly recommend EU nationals currently exercising their Treaty Rights in the UK regularise their status by applying for a Permanent Residence Document as it remains unclear what the future holds for them beyond Brexit. ## Using Legal Representation to apply for a European Health Insurance Card and a UK Permanent Residence Document Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a European Health Insurance Card and a UK Permanent Residence Document application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your European Health Insurance Card and UK Permanent Residence Document application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your European Health Insurance Card and a UK Permanent Residence Document application meets the Immigration Rules and EEA Regulations. ## Successful European Health Insurance Card and UK Permanent Residence Document Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your European Health Insurance Card and a UK Permanent Residence Document application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your European Health Insurance Card and a UK Permanent Residence Document application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Record number of Tier 4 Student visas issued by the Home Office Source: https://immigrationandvisasolicitors.co.uk/tier-4-student-visas-home-office/ *There was a record-breaking number of Tier 4 Student visas issued last year by the Home Office resulting in a 5% increase in Tier 4 Student visa applications made by overseas students from outside the European Economic Area (EEA). The increase in the number of Tier 4 Student visa applications came as a massive surprise as Tier 4 institutions had feared that the Home Offices' stringent immigration policies and Statement of Changes would deter potential international students from choosing to study in the UK.* ## Interest in Tier 4 Student Visas rapidly increasing The Home Office published a Statement of Changes to their Immigration Rules last year in March and as a result, it was predicted that the changes would discourage overseas Tier 4 Students from applying to study in the UK. Critics feared that the tough immigration policies would deter international students from studying in the UK. However, despite the introduction of the Statement of Changes, there was a record-breaking number of Tier 4 Student visas issued last year resulting in a 5% increase in applications made by overseas students. In contrary, there was a small reduction of UCAS applications from EU member state countries as it is unclear what provisions will be put in place for European students’ post-Brexit. ## Apply for a Tier 4 Student Visa to the UKVI with confidence Our team of expert solicitors comprising of both solicitors and barristers are regularly instructed on Tier 4 Student visa applications.  In order to apply for a Tier 4 Student visa, Applicants must meet the requirements paragraph 245 of the Immigration Rules.  In addition to the Immigration rules, Applicants must also be aware of the Home Office Policy Guidance on Tier 4 Student visa applications. To apply for a Tier 4 Student Visa the following requirements must be met: - Applicants must be 16 years of age or above and have an unconditional offer from a Tier 4 institution who holds a Tier 4 Sponsor Licence; - Applicants must be able to demonstrate that they can accommodate and maintain themselves in the UK (Read the [guide ](https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-4-student)and [appendix](https://www.gov.uk/government/publications/application-for-uk-visa-under-tier-4-general-form-vaf9-appendix-8) for the full list of documents and how much money you’ll need); and - Applicants must meet the English language requirement. Despite the recent changes relating to Tier 4 Student visa applications, our expert immigration team have a proven method of submitting successful Tier 4 Student Visa applications. ## Tier 4 Student Visa Confirmation of Acceptance (CAS) Once an accredited Tier 4 institution has offered an Applicant a place to study at their institution, the institution should then send the Applicant a Confirmation of Acceptance (CAS) Reference number. Applicants will not be able to apply for a Tier 4 Student visa without a CAS number and must apply within 6 months of receiving a CAS number. In a scenario where an Applicant has already studied in the UK in the past, an Applicant must ensure that a new CAS reference number is issued. There are a number of points which would then need to be clarified in the CAS such as what level the qualification is and whether the Applicant will be studying for a new qualification or repeating previous modules/exams. ## Using Legal Representation to Submit a Tier 4 Student Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 4 Student visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Tier 4 Student visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 4 Student visa application meets the Immigration Rules. ## Successful Tier 4 Student Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 4 Student visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 4 Student visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # London’s Business Leaders Criticise May’s post-Brexit Immigration Policy Source: https://immigrationandvisasolicitors.co.uk/post-brexit-immigration-policy/ *Prime Minister Theresa May has repeatedly emphasised that her post-Brexit immigration policy proposals heavily focuses on attracting the “brightest and best” EU talent, in turn disregarding other EU workers who are able to fill the UK’s vast skills shortages. London’s business leaders have criticised Mrs May’s post-Brexit immigration policy proposals by announcing that if she continues to ignore the need for overseas workers with many skills across many sectors, this could have catastrophic consequences for the UK economy and for many UK industries and services. * ## May’s post-Brexit Immigration Policy Theresa May has announced her post-Brexit immigration policy which is that the UK will continue to welcome the *“brightest and best”* immigrants from other EEA states once the UK has left the EU. However, many [London business leaders](https://www.standard.co.uk/news/politics/brexit-londons-business-leaders-criticise-theresa-may-on-immigration-a3574016.html) have criticised Mrs May’s stance as the UK heavily relies on EEA workers of varying skills, in order to maintain all types of services and industries in the UK. Furthermore, London Mayor [Sadiq Khan](https://web.archive.org/web/20181022194200/http://uk.businessinsider.com:80/theresa-mays-leaked-brexit-immigration-plans-labelled-a-disgrace-2017-9) has said that the Mrs May’s post-Brexit immigration proposals are a *"blueprint on how to strangle our economy". *Business leaders are also concerned that the UK Government will cease making progress on major projects such as the Heathrow runway expansion and Crossrail 2 if the UK is less inviting of EU workers who are not deemed the *“brightest and best”.* In July this year, the Home Secretary, Amber Rudd, commissioned a report from the Migration Advisory Committee (MAC) regarding the impact of EU migrants on the UK, which is expected to be published in September 2018 that will hopefully highlight to Theresa May and her Government that there is a great need for varying skill levels of EU talent in the UK. In terms of the actual process for EU workers to apply to [work in the UK](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) post-Brexit, it is likely they will have to make an application under the Points-Based System of the Immigration Rules, or similar. This will entail the Applicant and employer having to meet all of the necessary requirements such as the [minimum salary requirement](https://immigrationandvisasolicitors.co.uk/tier-2-minimum-salary-requirement/) and satisfying the [Resident Labour Market Test](https://web.archive.org/web/20210121211133/https://immigrationandvisasolicitors.co.uk/skilled-migrants-resident-labour-market-test/). . ## UK Shortage Occupations It is no secret that there are many shortage occupations in the UK. This means that there are [skills gaps](https://web.archive.org/web/20170927015548/https://immigrationandvisasolicitors.co.uk/uk-businesses-employing-eea-workers/) across many industries and services where UK nationals are unwilling or unable to do the jobs, therefore businesses rely on hiring skilled overseas workers. One of the most highly documented and reported professions in the UK which is suffering from a major skills shortage is [nurses and midwives](https://web.archive.org/web/20181022194200/http://uk.businessinsider.com:80/theresa-mays-leaked-brexit-immigration-plans-labelled-a-disgrace-2017-9) in the NHS. It is feared that is Mrs May is successful in alienating all those foreign workers who are not the *“brightest and best”,* there is a serious risk that the pressures on sectors like the NHS and social care will continue to grow and there could be a collapse of entire sectors. Gurnek Bains, founder of think-tank ‘Global Future’ has remarked that the UK’s political leaders have *“failed to challenge the assumption that less immigration would be good for Britain” *and therefore with an increasing number of EEA workers leaving the UK and a decrease in the number of applications for shortage occupations, the UK is at real risk of damaging its economy. The full list of shortage occupations can be found under [Appendix K](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list) of the Immigration Rules. ## Using Legal Representation for post-Brexit Immigration Policy Enquiries Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to ensure you comply with the rules and regulations for employing an EEA worker. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Applications in preparing for May's post-Brexit Immigration Policy Our team of solicitors and barristers are immigration specialists who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Tier 2 Sportsperson Visa for Overseas Cricketers Source: https://immigrationandvisasolicitors.co.uk/tier-2-sportsperson-visa-cricketers/ *Domestic cricket in the UK has continued to evolve since the early 2000’s and the UK has become one of the top destinations for first-class domestic cricket. The [English Cricket Board](https://web.archive.org/web/20190823051834/https://www.ecb.co.uk/) (ECB) has heavily invested in the domestic set up and has encouraged domestic clubs to offer lucrative deals to overseas cricketers in a bid to attract attention from a worldwide audience. Overseas cricketers who wish to play domestic cricket in the UK will need to obtain a Tier 2 Sportsperson visa unless they are exempt from the Immigration Rules. European Union citizens are not required to apply for a Tier 2 Sportsperson visa as they can play cricket under their EU Treaty Rights.  * ## Tier 2 Sportsperson Visa for Cricketers Domestic cricket in the UK experienced a game-changing moment earlier this year as a new TV deal was announced for £1.1bn involving Sky and BBC. The record-breaking TV deal has allowed domestic cricket clubs to sponsor the best cricketers from all around the world to come and play in the domestic competitions in the UK. To name a few talents who have recently played in the UK's domestic game, Shadid Afridi (Pakistan), Virat Kolhi (India), Ross Taylor (New Zealand) and Steve Smith (Australia). Elite Tier 2 Sportspersons such as cricketers and cricket coaches who are recognised by the [International Cricket Council](https://www.icc-cricket.com) (ICC) or by any other recognised governing body may be eligible to apply for a Tier 2 Sportsperson visa. In order to apply for a Tier 2 Sportsperson visa Applicants must meet the Tier 2 Sportsperson visa requirements under [paragraph 245 of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system). ## Successfully apply to the Home Office for a Tier 2 Sportsperson visa As mentioned above, Non-EEA sportspersons such as cricketers and cricket coaches must satisfy the Tier 2 Sportsperson visa requirements under [paragraph 245 of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system). It is also crucial for Applicants to understand the Home Office [Policy and Guidance](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606182/Tier_2_Policy_Guidance_04_17.pdf) on the Tier 2 Sportsperson visa as the document further expand on the stringent immigration rules and provides valuable information about how to meet the Immigration Rules. Cricketers and Cricket coaches must meet the following immigration requirements to successfully apply for a Tier 2 Sportsperson: - Applicants must be internationally established as a player or coach at the highest level and their employment will make a significant contribution to the development of their sport at the highest level in the UK; - Applicants must intend to be based in the UK for the duration of their permission to stay; - Applicants must be able to demonstrate that the post could not be filled by a settled worker; and - Applicants must meet the [English language](https://www.gov.uk/tier-2-general/knowledge-of-english) and maintenance requirement. Cricketers and Cricket Coaches can apply for Tier 2 Sportspersons visa up to 3 months before their first cricket game. A decision is usually made within 3 weeks for Entry Clearance applications. Successful Applicants can come to the UK for a period of up to 3 years and may apply to extend their visa for a maximum stay of 6 years. ## Exemption from the Home Office Immigration Rules for Cricket In some circumstances, cricketers and cricket coaches may not need to apply for a Tier 2 Sportsperson visa. European Economic Area (EEA) national cricketers and coaches can come to the UK as EEA nationals to exercise their European Union Treaty Rights under the EEA Regulations.  However, it remains unclear what the position for EEA cricketers and coaches would post Brexit. The UK Government has not provided any indication of whether the fundamental principles of free movement will be limited or totally abolished post-Brexit. Anyone applying from outside the EEA will be required apply for a Tier 2 Sportsperson visa. ## Using Legal Representation to Submit a Tier 2 Sportspersons visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 Sportspersons visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 2 Sportspersons visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 2 Sportspersons visa application meets the Immigration Rules. ## Successful Tier 2 Sportspersons visa application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 2 Sportspersons visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 2 Sportspersons visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Entry Clearance Spouse Visa Success Story Source: https://immigrationandvisasolicitors.co.uk/entry-clearance-spouse-visa/ *LEXVISA is delighted to announce that we recently received the wonderful news that one of our clients (“the Applicant”) has been granted an Entry Clearance Spouse Visa. The Applicant had made a previous Entry Clearance Spouse Visa application which was returned as invalid due to the Applicant not having previous legal representation to help him understand the complex Home Office and UK Visas and Immigration (“UKVI”) procedures and requirements, specifically in regard to meeting the Minimum Income Requirement. * ## The Case for an Entry Clearance Spouse Visa Application The Applicant was a USA national who is married to a British citizen. The Applicant had previously submitted an Entry Clearance Spouse Visa application on this basis but it was returned as invalid on the basis that he did not qualify for leave to remain due to the cash savings were not held for the requisite period of time of a continuous period of 6 months. The Applicant was also told that he had failed to pay the [Immigration Health Surcharge](https://immigrationandvisasolicitors.co.uk/immigration-health-surcharge-visa/) (“IHS”) by the specified date. After the initial consultation, the Applicant instructed us to prepare his fresh Entry Clearance Spouse Visa application, and through our thorough review process, we ensured that he correctly met all of the requirements and all of the documents which he provided made his application as strong as possible. We also prepared our legal representations which explained his previous Entry Clearance Spouse Visa application and strengthened his Entry Clearance Spouse Visa application. ## Meeting the Minimum Income Requirement for an Entry Clearance Spouse Visa Application There are many ways in which Applicants can meet the Minimum Income Requirement for an Entry Clearance Spouse Visa application. Applicants should be aware that on 10 August 2017, the UK Home Office Policy Guidance had changed in regard to the Minimum Income Requirement, by way of a new [Unjustifiably Harsh Consequences Test](https://immigrationandvisasolicitors.co.uk/unjustifiably-harsh-consequences-test/) which considers any interests of children and alternative sources of income in meeting the [Minimum Income Requirement](https://immigrationandvisasolicitors.co.uk/minimum-income-requirement/). The new Unjustifiably Harsh Consequences Test applies in Spouse Visa and other Family Member Visa applications, where applicants do not meet the Minimum Income Requirement under [Appendix FM Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members). Therefore it is important that Applicants contact our specialist immigration team in order to make sure you meet the Minimum Income Requirement and have the necessary supporting documents for your application. ## Paying the IHS for an Entry Clearance Spouse Visa Application The IHS was introduced by the Home Office on 6 April 2015. The fee is not a part of the Home Office fee, but a separate payment which will give Entry Clearance Spouse Visa Applicants access to the [National Health Service](https://www.england.nhs.uk/london/) (“NHS”). To ensure an Entry Clearance Spouse Visa application is processed without delay, Applicants must ensure you pay the IHS and include the IHS number with their application, otherwise it may be returned as invalid. ## Using Legal Representation to Prepare an Entry Clearance Spouse Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an Entry Clearance Spouse Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Entry Clearance Spouse Visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Entry Clearance Spouse Visa application meets the Immigration Rules. ## Successful Entry Clearance Spouse Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Entry Clearance Spouse Visa application before your matter even reaches the Home Office UKVI department. We can assist you with the preparation and submission of your Entry Clearance Spouse Visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your Entry Clearance Spouse Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Record Number of Right to Rent Checks by the Home Office Source: https://immigrationandvisasolicitors.co.uk/right-to-rent-checks/ *The Right to Rent Scheme was first introduced in the UK under the Immigration Act 2014 and it requires landlords to carry out obligatory Right to Rent Checks before leasing their properties. Failure to do so will result in landlords receiving civil penalties. So far in 2017, more than twice the number of civil penalties have been issued to landlords by the Home Office, which is just another example of the Government’s hostile environment policy and immigration crackdown in the UK. * ## A Record Number of Right to Rent Checks by the Home Office There has been a dramatic increase in the number of landlords who have been issued with civil penalties in the UK under the [Right to Rent Scheme](https://www.gov.uk/check-tenant-right-to-rent-documents). From January 2017 to September 2017, a total of 209 [civil penalties](https://www.express.co.uk/news/uk/887733/landlord-fines-illegal-immigration-crackdown) were issued to landlords, which is more than double than the amount that was handed out in 2016. Further between July 2017 and September 2017, 75% of civil penalties were issued to landlords who had failed to carry out sufficient Right to Rent Checks, which has totalled more than £40,000. This is a another clear example of the Government’s [hostile environment policy](https://immigrationandvisasolicitors.co.uk/hostile-environment-policy/), which was created as a way to put an unlawful migrant in a position with little option other than to either leave the UK or submit an immigration and visa application for lawful status in the UK. Schemes such as the Right to Rent, [Right to Work](https://immigrationandvisasolicitors.co.uk/right-to-work-check-immigration-act-2016/) and [Right to Bank](https://immigrationandvisasolicitors.co.uk/right-to-bank-check/) are all designed as a way for the UK to meet Theresa May’s net migration figure to below 100,000, which puts added stress on not only the migrant, but also landlords and employers. ## What are Right to Rent Checks? Whilst there is no one specific way to carry out Right to Rent Checks, Home Office guidance recommends that landlords do the following: - Establish how many adults intend on residing at the property; - Landlords must ensure that their tenants have permission to be in the UK lawfully. This can be done by checking visa stamps in passports or requesting for Biometric Residence Permits (BRPs); - Landlords/agents should make copies of all documents, as it is likely these will be required at a later date of the tenancy; and - Landlords should ensure all documents are up-to-date and valid, where there are discrepancies within the documents such as different names being used on different documents, landlords/agents should be extra cautious. Supporting documents may be requested to help clarify any discrepancies. Right to Rent Checks must be carried out in accordance with the requirements set down in the Immigration Act 2014. It is imperative that landlords ensure that these checks are carried out properly and efficiently to avoid heavy fines of up to £3,000 a tenant or even imprisonment. It is the responsibility of the landlord to ensure these [Right to Rent](https://web.archive.org/web/20170214075948/https://immigrationandvisasolicitors.co.uk/right-to-rent-eea-nationals/) Checks are carried out. ## Using Legal Representation to Comply with the Right to Rent Checks and Regularise your UK Immigration Status Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on immigration law and your immigration status ensuring you comply with the Right to Rent Checks. It is possible to instruct an immigration and visa legal representative to assist you with understanding and complying with Right to Rent Checks. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that you comply with Right to Rent Checks. ## Successfully Comply with the Right to Rent Checks and Regularise your UK Immigration Status Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and whether you comply with the Right to Rent Checks before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Home Office Right to Work Checks in the current UK Immigration Climate Source: https://immigrationandvisasolicitors.co.uk/right-to-work-uk/ *Yesterday, we wrote that a [Record Number of Right to Rent Checks ](https://immigrationandvisasolicitors.co.uk/right-to-rent-checks/)have been carried out in the UK this year, in an effort to slash the UK's net migration figure and restrict the number of illegal immigrants in the UK by creating a hostile environment  for those individuals. Similarly, the Home Office has carried out a substantial number of Right to Work Checks in the UK throughout 2017 and it is likely that this will continue to be the case throughout the Brexit process and beyond. It is therefore important that UK employers comply with Home Office guidance and migrants have lawful status in the UK and comply with the terms of their visa. * ## What are Right to Work Checks? The UK Government is publicly making it more difficult for individuals who have no right to be working and  living in the UK by way of Right to Work and Right to Rent Checks. It is important that UK employers comply with the Home Office Right to Work Checks, which were introduced under the Immigration Act 2014, along with Right to Rent Checks. It is the responsibility of the UK employer to carry out [document checks](https://www.gov.uk/employee-immigration-employment-status) on potential workers before employing them, to ensure they have the Right to Work in the UK. It is the duty of businesses and [employers](https://www.gov.uk/government/publications/right-to-work-checks-employers-guide) to prevent illegal working in the UK and [failure to comply](https://immigrationandvisasolicitors.co.uk/home-office-compliance-visit/) with the Right to Work scheme will make employers liable for: - a civil penalty of £20,000; - a possible custodial sentence of up to 6 months and/or be made to pay an unlimited fine; and - Immigration Enforcement Officers will have the power to close premises for up to 48 hours if illegal migrants are employed. We therefore recommend that you contact our specialist Immigration law firm if you are unsure whether you are compliant with the Home Office Right to Work checks and avoid being penalised. ## Right to Work Checks in the current UK Immigration Climate The UK Government aims to reduce the UK's net migration figure to the tens of thousands by creating a hostile environment for migrants who are currently in the UK in a bid to make them leave. New [Office of National Statistics](https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/internationalmigration/bulletins/migrationstatisticsquarterlyreport/november2017?WT.mc_id=b02fce3954da416d52ccdbe258a78a51&WT.sn_type=TWITTER&hoot.message=Net%20long-term%20international%20migration%20fell%20to%20%2B230%2C000%20in%20the%20year%20to%20June%202017%2C%20down%20106%2C000%20from%20the%20recent%20peak%20of%20%2B336%2C000%3A%20%5BLINK%5D&hoot.send_date=2017-11-30%2009%3A30%3A32&hoot.username=ONS&hoot.send_dayofweek=Thursday&hoot.send_hour=09) (ONS) figures have shown that net long term international migration was estimated to be 230,000 in the year ending June 2017, which is down 106,000 since the previous year. Last week, the UK's Immigration Minister, Brandon Lewis, said that: > *"we welcome the ongoing decrease in net migration levels and remain committed to bringing them down to sustainable levels, the tens of thousands".* It is clear that these circumstances are a large part of the reason for the increased number of Right to Work Checks in the UK. Interestingly, in regard to the Brexit negotiations, there are now questions as to whether [Irish citizens](https://www.irishtimes.com/news/politics/irish-in-uk-could-lose-right-to-work-after-brexit-says-report-1.3314983) living in the UK will lose their right to work in the UK and will therefore have to undergo the same checks and processes as other migrants which further conveys the hostile environment currently in the UK for migrants. Taking all the factors into consideration, it appears that the attitude towards migrants in the UK is unlikely to change during the Brexit process, therefore it is essential that UK employers and migrant workers comply with the Home Office guidance and Immigration Rules to avoid being on the wrong side of the Home Office. ## Using Legal Representation to Comply with the Right to Work Checks and Regularise your UK Immigration Status Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on immigration law and your immigration status ensuring you comply with the Right to Work Checks. It is possible to instruct an immigration and visa legal representative to assist you with understanding and complying with Right to Work Checks. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that you comply with Right to Work Checks. ## Successfully Comply with the Right to Work Checks and Regularise your UK Immigration Status Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and whether you comply with the Right to Work Checks before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Tier 1 Entrepreneur Visa Top Tips Source: https://immigrationandvisasolicitors.co.uk/entrepreneur-visa-top-tips/ *The Tier 1 Entrepreneur Visa is a route under the Points-Based System, which allows high net worth individuals to come to the UK in order to set up a business or take over an existing business in the UK.  The Home Office requirements for a Tier 1 Entrepreneur Visa can be stringent, with little room for flexibility. Therefore it is important that Tier 1 Entrepreneur Visa applications are prepared as strongly as possible to ensure it has the greatest chance of success. In order to submit a successful Tier 1 Entrepreneur Visa application, contact our specialist business immigration team and follow our Tier 1 Entrepreneur Visa Top Tips. * ## Tier 1 Entrepreneur Visa Top Tips Tier 1 Entrepreneur Visa Applicants must ensure they meet the [Home Office](https://www.gov.uk/tier-1-entrepreneur/overview) requirements, in order for their Tier 1 Entrepreneur Visa application to be [successful](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa-success/). The Home Office [requirements](https://web.archive.org/web/20190320135000/https://immigrationandvisasolicitors.co.uk/overview-tier-1-visa-application-route/) are a stringent set of rules with little flexibility. Please note the common criteria for a successful Tier 1 Entrepreneur Visa application: - funds must be held in regulated financial institutions; - funds must be freely accessible to you to invest into the UK; - the Applicant must be at least 16 years old; - the Applicant must satisfy the English Language Requirement (Individuals who are a national of a majority English speaking country or if you hold a Bachelor’s or Master’s degree or PhD that is taught in English and is equivalent to UK qualifications may be exempt from meeting this requirement); - Applicants must demonstrate that you have sufficient funds to maintain and support themselves whilst in the UK; - Applicants must satisfy the ‘[Genuine Entrepreneur Test](https://web.archive.org/web/20190320194244/https://immigrationandvisasolicitors.co.uk/uk-home-office-business-visa-requirements-tier-1-genuine-entrepreneur-test/)’; and - Applicants must not fall under the [general grounds for refusal in accordance with Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal). As part of the Tier 1 Entrepreneur Visa application, Applicants are always expected to submit an extensive business plan with the application, to demonstrate that they have a genuine and credible business idea. ## Switching to a Tier 1 Entrepreneur Visa using our Tier 1 Entrepreneur Visa Top Tips Applicants may switch into a [Tier 1 Entrepreneur](https://www.gov.uk/tier-1-entrepreneur/eligibility) Visa if they have valid immigration status in the UK and ensure an application to switch is made in accordance with the UK Immigration Rules and [Home Office Policy Guidance](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/662368/T1__E__Guidance_04_2017.pdf). Applicants in the UK under the following Points Based System categories such as [Tier 1 Investors](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/), [Tier 1 Graduate Entrepreneurs](https://immigrationandvisasolicitors.co.uk/graduate-entrepreneur/), [Tier 2 General](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) Workers and [Tier 4 Students](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/) may be eligible to apply to [switch ](https://web.archive.org/web/20170923062027/https://immigrationandvisasolicitors.co.uk/switch-into-a-tier-1-entrepreneur-visa/)into a Tier 1 Entrepreneur Visa. ## Accelerated Settlement under the Tier 1 Entrepreneur Visa Route using our Tier 1 Entrepreneur Visa Top Tips Tier 1 Entrepreneurs who have invested in the UK may be eligible to apply for settlement status or Indefinite Leave to Remain (“ILR”) in the UK after 5 years of continuous leave in the UK. However, there is an option for [accelerated settlement](https://immigrationandvisasolicitors.co.uk/tier-1-accelerated-settlement/) for Tier 1 Entrepreneurs who wish to settle after 3 years, subject to meeting the requirements. For example, a Tier 1 Entrepreneur may apply for accelerated settlement if they have created the equivalent of 10 new full-time jobs for persons settled in the UK or have taken over a business and have resulted in a net increase of employment provided by the business for persons settled in the UK creating the equivalent of 10 new full-time jobs. ## Using Legal Representation to submit a successful Tier 1 Entrepreneur Visa application using our Tier 1 Entrepreneur Visa Top Tips Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 1 Entrepreneur Visa. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Entrepreneur Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit a Tier 1 Entrepreneur Visa application using our Tier 1 Entrepreneur Visa Top Tips Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 1 Entrepreneur Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Tier 1 Entrepreneur Visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 1 Entrepreneur Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # UK Business Immigration Update Part 1: New Statement of Changes for Tier 1 Visa Applications Source: https://immigrationandvisasolicitors.co.uk/uk-business-immigration-update/ *The Home Office published a new Statement of Changes **[HC309](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/665824/CCS207_CCS0817919842-3_HC_309_-_Statement_of_Changes_in_Immigration_Rules_WEB_ACCESSIBLE__2_.pdf)** to the UK Immigration Rules on 7 December 2017. This UK Business Immigration Update will largely affect Tier 1 (Exceptional Talent/Promise), as well as Tier 1 (Investor) and Tier 1 (Entrepreneur) applications. Whilst the Statement of Changes is supplemented by an explanatory memorandum, successful Tier 1 applications will still require thorough knowledge of the UK’s Immigration Rules.     * ## The Tier 1 Visa Category Tier 1 Visa applications made under the Points-Based System is targeted at High Net Worth individuals and the world’s brightest and best talent. Currently there are 4 Tier 1 Visa categories which are the [Tier 1 (Exceptional Talent/Promise) Visa](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/), [Tier 1 (Investor) Visa](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/), [Tier 1 (Entrepreneur)Visa](https://web.archive.org/web/20190320135000/https://immigrationandvisasolicitors.co.uk/overview-tier-1-visa-application-route/) and [Tier 1 (Graduate Entrepreneur) Visa](https://immigrationandvisasolicitors.co.uk/graduate-entrepreneur/). The Tier 1 (General) Visa is no longer an available option for new Applicants and in April 2018 current Tier 1 (General) migrants will no longer be able to make a settlement application under this route. ## UK Business Immigration Update: Tier 1 (Exceptional Talent/Promise) Visa Applications The Tier 1 (Exceptional Talent/Promise) route under the Points-Based System allows talented individuals or emerging talents to work in the UK in their specialist field of [the Arts](http://www.artscouncil.org.uk/), Digital Technology, [Engineering](https://www.raeng.org.uk/), [Humanities](https://www.britac.ac.uk/) and [Science](https://royalsociety.org/about-us/competent-body/), and must first become endorsed by the applicable Designated Competent Body (“DCB”). The two most significant changes in regard to Tier 1 (exceptional Talent/Promise) applications are firstly that the Home Office is [doubling](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-tech-nation-visa/) the number of endorsements available per year from 1,000 places to 2,000. Secondly, individuals who are endorsed under the Tier 1 (Exceptional Talent) category will now be able to qualify for accelerated settlement or “Indefinite Leave to Remain” (“ILR”) after demonstrating 3 years continuous residence in the UK. There are similar accelerated settlement options under the Tier 1 (Investor) and Tier 1 (Entrepreneur) routes, subject to the Applicant meeting the necessary requirements. ## UK Business Immigration Update: Tier 1 (Investor) Visa Applications [High Net Worth](https://immigrationandvisasolicitors.co.uk/high-net-worth-applicants/) individuals who wish to make an investment of at least £2 million in the UK may apply for a Tier 1 (Investor) visa. Applicants who were granted their Tier 1 (Investor) visa before 6 November 2014 may rely on the un-mortgaged portion of their main home. A minor amendment to this provision clarifies that the property must be the main home of the Applicant and in circumstances where the property is co-owned in a tenancy in common then only the Applicant’s share can be considered. ## UK Business Immigration Update: Tier 1 (Entrepreneur) Visa Applications Similarly to the Tier 1 (Investor) visa, the Tier 1 (Entrepreneur) visa also caters for High Net Worth individuals, who are seeking to set up a business or take over an existing business in the UK. Whilst the requirements for the Tier 1 (Entrepreneur) visa have remained unchanged, the recent Statement of Changes brings about minor changes to the wording of the Attributes requirement under Appendix A of the Immigration Rules and to Part 6A of the Immigration Rules. ## Using Legal Representation to submit Successful Tier 1 Visa Applications following the UK Business Immigration Update Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 1 Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 1 Visa Applications following the UK Business Immigration Update [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Business Immigration Update Part 2: New Statement of Changes for Tier 2 Visa Applications Source: https://immigrationandvisasolicitors.co.uk/tier-2-visa-update/ *Last week, the Home Office published a new Statement of Changes [HC309](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/665824/CCS207_CCS0817919842-3_HC_309_-_Statement_of_Changes_in_Immigration_Rules_WEB_ACCESSIBLE__2_.pdf) to the UK Immigration Rules and we outlined its key changes relating to [Tier 1 Visa applications](https://immigrationandvisasolicitors.co.uk/uk-business-immigration-update/). This new UK Business Immigration Update also brings about changes for Tier 2 Visa Applicants under the Points-Based System, in respect of Tier 2 (General) Visas, Tier 2 (Intra-Company Transfer) (“ICT”) Visas and Indefinite Leave to Remain (“ILR”) or settlement under the Tier 2 Visa route. Changes for Tier 2 Visa applications will come into effect from 11 January 2018.* ## UK Business Immigration Update: Tier 2 (General) Visa Applications Tier 2 (General) Visas are issued to skilled migrant workers who have been offered a job position that cannot be filled by a resident worker, from a UK business who holds a [Tier 2 Sponsor Licence](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/). The key amendments that the recent Statement of Changes has made to the Tier 2 (General) category include: - A provision which is set out in the Sponsor Guidance has been incorporated into the Immigration Rules which restricts how far a Tier 2 (General) migrant’s start date can be put back after leave has been granted, before it is deemed to be a prohibited change; - [Tier 4](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/) Students are now able to switch to a Tier 2 (General) visa following the completion of their course, as currently, non-PHD students are unable to [switch](https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-into-tier-2-general/) from a Tier 4 visa to a Tier 2 (General) visa within the UK before they have received their final results; - Exemptions will be added to the Resident Labour Market Test for posts held by researcher applicants who are the recipient of excessive research fellowships and awards and established research team members who are either sponsored by a Higher Education Institution or Research Council; and - A minor change to the [Shortage Occupation List](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list) in regard to the date being amended from 6 April 2022 to 6 April 2023 for Secondary Education Teaching Professionals and Secondary Education Teachers in the subject of Chemistry. ## UK Business Immigration Update: Tier 2 (ICT) Visa Applications [Tier 2 (ICT)](https://www.gov.uk/tier-2-intracompany-transfer-worker-visa) visas allow migrant workers to transfer from an overseas branch of a UK company to the UK in order to undertake work on a specific project. There are now only 2 active categories under the Tier 2 (ICT) visa route which are the Long Term Staff category and the Graduate Trainee Programme. Long Term Staff applicants will need to have worked for the company for more than 12 months, whilst Graduate Trainee applicants must be recently graduated with at least 3 months’ experience with the UK employer overseas. The Short Term Staff route allowed transfers up to and including 12 months into a role that cannot be filled by a UK resident. Applicants need to have worked for the employer overseas for a minimum of 12 months. Applicants can now only apply under the Short Term Staff route if the Certificate of Sponsorship (“CoS”) was assigned on or before 5 April 2017 and employers are no longer permitted to offer a new CoS under this route since it has been closed since 6 April this year. The new Statement of Changes has now altered the definition of the Long Term Staff category in order to reflect the closure of the Short Term Staff category. ## UK Business Immigration Update: Tier 2 Settlement Applications Under the current UK Immigration Rules, Tier 2 migrants who are wishing to apply for settlement in the UK are required to have no more than 180 absences from the UK per year. This requirement will now be extended to the partners of these Tier 2 migrants and the 180 days absences from the UK will only be counted for periods of leave granted under the rules in place from 11 January 2018. The 180 days absences requirement waiver will be extended to circumstances where Tier 2 Applicants was assisted with any national or international humanitarian or environmental crisis. Tier 2 migrants are no longer required to have been in continuous employment throughout the qualifying period in order to be eligible for settlement as Tier 2 migrants have ceased working for their Tier 2 Sponsor are subject to curtailment. ## Using Legal Representation to submit Successful Tier 2 Visa Applications following the UK Business Immigration Update Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 2 Visa Applications following the UK Business Immigration Update [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Business Immigration Update Part 3: New Statement of Changes for Tier 4 Visa and Short Term Study Visa Applications Source: https://immigrationandvisasolicitors.co.uk/uk-student-visa-update/ *We have recently explained the recent amendments to the UK Immigration Rules which have been set out in the new Home Office Statement of Changes *[*HC309*](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/665824/CCS207_CCS0817919842-3_HC_309_-_Statement_of_Changes_in_Immigration_Rules_WEB_ACCESSIBLE__2_.pdf)* in regard to the [Tier 1](https://immigrationandvisasolicitors.co.uk/uk-business-immigration-update/) and [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-visa-update/) visa categories under the Points-Based System. There are also significant changes to visa routes used for studying in the UK either through the Tier 4 Student Visa or the Short Term Study Visa. There are also amendments in regard to the family members of Tier 4 Students. * ## UK Business Immigration Update: Tier 4 Student Visa Applications The [Tier 4](https://www.gov.uk/tier-4-general-visa) Student Visa allows non-EEA nationals to come to the UK to study as either a Tier 4 (General) Student or Tier 4 (Child). Key changes in relation to the [Tier 4](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/) Student Visa categories include: - The table in the guidance in relation to the maintenance requirement has been made clearer to convey which requirements are applicable for students who are studying in London and for students who are studying outside of London; - The maintenance requirement for Applicants who are applying to study at a Residential Independent School is being amended so that additional funds for living costs will not need to be evidenced because they will be accounted for under the boarding fees; - Applicants who wishing to undertake a part time study course at certain levels will now be considered under the Tier 4 category but will have no right to work and will not be able to make an extension application from within the UK; - Tier 4 Students will now be able to apply for Leave to Remain from within the UK in order to complete a work placement or study abroad programme; and - Other minor changes in regard to the working of the Immigration Rules in order to provide greater clarity and understanding for Applicants. These changes will come into effect from 11 January 2018. ## UK Business Immigration Update: Family Members of Tier 4 Students Under the UK Immigration Rules, family members of Tier 4 Students may be able to apply to join their Tier 4 Student family member in the UK if they meet certain criteria. Applications can be made from within the UK and out of the UK and it is important that family members can demonstrate that they are able to support themselves whilst they are in the UK. The new Statement of Changes in regard to family members of Tier 4 Students applies the wording in relation to genuine and subsisting relationships under [Appendix FM](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members) to family members of Points-Based System migrants. Furthermore, the work rights for the family members of Tier 4 Students will remain even if the Tier 4 Student is applying or had been granted leave of a minimum of 12 months as a Tier 4 Student. Another key amendment will now mean that Tier 4 Students who are studying a part time course will not be able to bring any dependants with them to the UK. ## UK Business Immigration Update: Short Term Study Visa Applications Applicants who [apply](https://www.gov.uk/study-visit-visa) for a Short Term Study visa will be allowed to study in the UK for up to 6 months or 11 months if studying an English Language course. As per the new Statement of Changes, students are now able to remain in the UK for up to 30 days at the end of their study. The minimum age requirement for Short Term Study Applicants has been lowered from 18 years old to 16 years old in order to give the opportunity for those aged 16 or over to apply for the longer English courses and ensure the genuine student rule is consistently applied. Under the Short Term Study route, Applicants are unable to undertake any form of work, however changes to the rules will now allow medical, dentistry or veterinary degree students to complete electives in their field of study, although any other type of work is still prohibited. The definition of “a course” under the Short Term Study visa route has been provided in order to clarify that more than one programme of study can be undertaken as long as they are completed within the valid vis period. ## Using Legal Representation to submit Successful Tier 4 Student Visa and Short Term Study Visa Applications following the UK Business Immigration Update Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 4 Student Visa or Short Term Study Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 4 Student Visa and Short Term Study Visa Applications following the UK Business Immigration Update [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Spouse Visa Extension Success Story Source: https://immigrationandvisasolicitors.co.uk/spouse-visa-extension/ *This week, we were delighted to receive the news that one of our clients ("the Applicant") has been granted his Spouse Visa Extension. The Applicant previously used LEXVISA to prepare his Entry Clearance Spouse Visa application and contacted us in March this year to begin the preparations for his Spouse Visa Extension application. The Applicant used the Home Office Premium Visa Service so was notified of the decision on the day of his in person appointment. * ## The case for Spouse Visa Extension The Applicant is a Lebanese national who had been residing in the UK as the spouse of a British citizen since 2015. The Applicant previously used LEXVISA to prepare his Entry Clearance Spouse Visa application and contacted us in March 2017 to begin preparations for his Spouse Visa Extension. The Sponsor is a director of a company so had to demonstrate that she could meet the minimum financial requirement of £18,600 as a self-employed person. After the initial consultation with our solicitor, the Applicant began collating the necessary updated documents for his Spouse Visa Extension application and after our substantial review process, we were then able to prepare our legal representations and the application. The Applicant used the Home Office [Premium Visa Service](https://www.gov.uk/ukvi-premium-service-centres) so was notified of the decision on the day of his in person appointment. The Applicant attended an appointment at a Visa Application Centre with our legal representations and his supporting documents and was granted his extension shortly thereafter. The Premium Visa Service is only available to Applicants who are wishing to extend their visa or apply for settlement. ## Requirements for a Spouse Visa Extension Application Spouse Visa [Extension applications](https://www.gov.uk/uk-family-visa) may be made from within the UK or outside of the UK. The requirements for a Spouse Visa Extension application are similar to the requirements of the initial Spouse Visa application and Applicants must be able to demonstrate: - Continuing to be in a genuine and subsisting marriage with a British citizen, a person present and settled in the UK or someone who is in the UK with refugee leave or with humanitarian protection; - Meeting the Minimum Financial Requirement through which ever applicable avenue, i.e. through salaried employment, self-employed or by way of cash savings etc; - That the Applicant and any dependants can be maintained and accommodated for without recourse to public funds; and - Meeting the English Language Requirement. From 1 May 2017, the Home Office introduced a new English Language Requirement at Level A2 of the Common European Framework of References for Languages (CEFR) for Spouse Visa Extension applications. It is important to demonstrate you meet all of the Home Office requirements and prepare your application as strongly as possible to ensure that is has the greatest chance of success. Our specialist Immigration team have an in-depth understanding of the Immigration Rules and take a considerable amount of care and attention in preparing applications and building strong arguments. Our bespoke service gives our clients the confidence to return to us to help prepare any extension applications. ## Using Legal Representation to Prepare a Spouse Visa Extension Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Spouse Visa Extension Application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Extension Application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Extension Application meets the Immigration Rules. ## Successful UK Spouse Visa Extension Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Extension Application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Extension Application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your Extension Application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Individual Immigration Update: New Home Office Statement of Changes Source: https://immigrationandvisasolicitors.co.uk/uk-individual-immigration-update/ *The Home Office published a new Statement of Changes [HC309](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/665824/CCS207_CCS0817919842-3_HC_309_-_Statement_of_Changes_in_Immigration_Rules_WEB_ACCESSIBLE__2_.pdf) to the UK Immigration Rules on 7 December 2017 which will bring about changes for a number of personal immigration matters as well as the proposal and trial of electronic entry clearance procedure. The changes to the Immigration Rules will come into effect in January 2018. The Home Office has also published an explanatory memorandum for ease of reading and understanding of the latest UK Individual Immigration Update. * ## UK Individual Immigration Update: Visit Visa Applications Rules relating to Visitors are found under [Appendix V](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules) of the Immigration Rules, and Appendix 3 sets out the permitted activities for all Visitors, excluding Transit Visitors. Under Appendix 3, one of the activities that Visitors other than [Transit Visitors](https://immigrationandvisasolicitors.co.uk/visitor-transit-visa-applications-uk/) are not allowed to transit the UK. This means that visitors for other purposed such as Business or Marriage will have to obtain a separate Transit Visa in order to transit the UK. The new Statement of Changes however means that [Standard Visitor](https://www.gov.uk/standard-visitor-visa/eligibility) Visa holders and [Marriage Visitors](https://immigrationandvisasolicitors.co.uk/marriage-visitor-visa-ukvi/) are now able to transit under their visa and do not have to obtain the separate Transit Visitor Visa. Furthermore, Appendix 3 also sets out the rules in regard to studying in the UK as a visitor. Clarity has been added in respect of visitors are prohibited to study at an academy or school maintained by a local authority. ## UK Individual Immigration Update: Immigration Bail and General Grounds for Refusal ### Immigration Bail Schedule 10 of the Immigration Act 2016 has been proposed in respect of Immigration Bail and repeals for the current powers of Temporary Admission and Temporary Release. The changes set out in the Statement of Changes concern Entry Clearance, Leave to Enter, Leave to Remain and Further or Indefinite Leave to Remain Applicants where the individual had last been granted Temporary Admission or Temporary Release. Individuals who were granted Temporary Admission or Temporary Release will be treated as if they had been granted Immigration Bail if it was on the date that the provisions of Schedule 10 commenced. However, if this occurs after the commencement of Schedule 10, then Immigration Bail will be granted instead of Temporary Admission or Temporary Release. ### General Grounds for Refusal Under section 117 of the Nationality, Asylum and Immigration Act 2014, the Public Interest Test considers whether an individuals Article 8 ECHR rights are outweighed by public interest factors. The basis of the Public Interest Test was stated under Part 9,  Appendix Armed Forces, Appendix FM and Appendix V of the Immigration Rules. the exceptional circumstances part of the general grounds for refusal has been removed as it was not the intention for there to be a separate Public Interest Test, therefore the aforesaid appendixes have been removed. ## UK Individual Immigration Update: Electronic Entry Clearance It has been proposed that Entry Clearance applications will be made electronically. Currently the Immigration Rules require Entry Clearance to be displayed in a valid passport or identity document. Further to the Statement of Changes, Entry Clearance will now be issued electronically and in a valid passport or identity document. Those who have Entry Clearance electronically will not be required to present their entry clearance in their passport or identity document as it will be able to be checked electronically. This will be trialled with specified groups and will then be extended to a general introduction at a later date. ## Using Legal Representation to submit Successful UK Visa Applications following the UK Individual Immigration Update Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful UK Visa Applications following the UK Individual Immigration Update [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Latest Update on the Home Office Tier 4 Student Visa Pilot Scheme Source: https://immigrationandvisasolicitors.co.uk/home-office-tier-4-student-visa-pilot-scheme/ *It was announced earlier today that Cardiff University and the University of Wales Trinity St. David have now officially been added to the Home Office [Tier 4](https://www.gov.uk/tier-4-general-visa) Student visa pilot scheme. The introduction of these two universities will allow their Tier 4 International students to benefit from the streamlined process of studying a Master’s degree at their institutions. * ## What is the Tier 4 Student visa pilot scheme? The Home Office has selected a small number of universities to take part in their new Tier 4 Student visa pilot scheme. The [pilot scheme](http://www.bbc.co.uk/news/uk-scotland-42386902) allows Applicants to apply for a Master's degree without the need to provide a large number of documents that would normally be required when applying for a Tier 4 Student visa application. It also allows Tier 4 students to stay in the UK for a longer period of time after the end of their course. The total length of their stay is the length of their course and 6 additional months. The main benefit of the Tier 4 Student visa pilot scheme is that Applicants are not required to provide all the required documents demonstrating that they meet the financial requirements or documents in respect of their academic qualifications. However, Applicants must still meet the Home Office Tier 4 Student requirements under the [immigration rules](https://www.gov.uk/guidance/immigration-rules) as the Home Office can request for evidence at any time when considering the application as they often carry out random spot checks. It is important to note that if an Applicant submits documents where not required, the Home Office will then assess the application in the normal way and could possibly delay the process. Dependents applying with the Main Applicant will also benefit from the Tier 4 Student Visa pilot scheme but will if they apply after the Main Applicants application they will not be included in the pilot scheme. At the announcement, Immigration Minister Brandon Lewis expressed his delight with the introduction of both Cardiff University and the University of Wales Trinity St. David to the Tier 4 Student Visa Pilot Scheme stating: > “I am delighted to announce the expansion of this pilot which is part of our ongoing activity to ensure that our world-leading institutions remain highly competitive. This is a clear indication that genuine students are welcome and there is no limit on the number who can come to study in the UK.” ## Who is Eligible for a Tier 4 Student Visa under the Tier 4 Student Visa Pilot scheme? International students applying for a Tier 4 Student visa to study a Master's degree at any of the chosen institutions participating in the Tier 4 Student visa pilot scheme will automatically be included in the scheme. This includes both Entry Clearance and in-country applications. To apply for a Tier 4 Student Visa the following requirements must be met: - Applicants must be 16 years of age or above and have an unconditional offer from a Tier 4 institution who holds a Tier 4 Sponsor Licence; - Applicants must be able to demonstrate that they can accommodate and maintain themselves in the UK (Read the [guide ](https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-4-student)and [appendix](https://www.gov.uk/government/publications/application-for-uk-visa-under-tier-4-general-form-vaf9-appendix-8) for the full list of documents and how much money you’ll need); and - Applicants must meet the English language requirement. However, as mentioned above, Applicants applying at any of the chosen institutions participating in the Tier 4 Student pilot scheme will not be required to provide all the requirements documents as part of the new streamlined process but must still meet the requirements. Our expert team of immigration solicitors can assist you with the preparation of your Tier 4 Student Visa application and ensure that you meet with all the requirements under this category of the Points-Based System. ## What universities are participating in the Tier 4 Student visa pilot scheme? With the introduction of Cardiff University and the University of Wales Trinity St. David to the Tier 4 Student visa pilot scheme there are now 23 Universities participating in the Tier 4 Student visa pilot scheme.  The following universities are now participating in the scheme: Cardiff University, Goldsmiths University of London, Harper Adams University, Newcastle University, Queen’s University Belfast, The Royal Central School of Speech and Drama, University of Bristol, Durham University, University of East Anglia, University of Edinburgh, University of Essex, University of Exeter, University of Glasgow, University of Leicester, University of Liverpool, University of Manchester, University of Nottingham, University of Reading, University of Sheffield, University of Southampton, The University of Wales Trinity St. David (Swansea Campus), University of Warwick, University of York. ## Using Legal Representation to submit Successful the Tier 4 Student visa application under the Tier 4 Student visa pilot scheme Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 4 Student visa application under the Tier 4 Student visa pilot scheme. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 4 Student visa application under the Tier 4 Student visa pilot scheme meets the Immigration Rules. ## Successful Tier 4 Student visa application under the Tier 4 Student visa pilot scheme [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 4 Student visa application under the Tier 4 Student visa pilot scheme before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Tier 4 Student visa application under the Tier 4 Student visa pilot scheme and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Finally Reaches Agreement over EU Rights post-Brexit Source: https://immigrationandvisasolicitors.co.uk/eu-rights-post-brexit/ *Today the Home Secretary Amber Rudd penned an open letter to all EU nationals in the UK, finally confirming that the UK had reached an agreement in regard to EU rights in the UK post-Brexit. The Home Secretary claims that there is now certainty for these EU nationals and their family members over their futures in the UK, yet very few new details have been announced and EU nationals have been told that more detail about the Settled Status Scheme will be released in the New Year. * ## The new announcement for EU rights in the UK post-Brexit The Home Secretary [Amber Rudd](https://www.gov.uk/government/news/home-secretarys-open-letter-to-eu-citizens-in-the-uk) has today announced that an agreement has been reached over EU rights in the UK after the UK has left the EU. The Home Secretary submits that protecting EU rights has always been a priority during Brexit negotiations and the agreement is said to ensure that EU [rights](https://www.gov.uk/guidance/status-of-eu-nationals-in-the-uk-what-you-need-to-know)  will largely remain the same, meaning they will still have access to healthcare, benefits and pensions. There is also the option for close family members who are currently outside the UK to join their EU family member in the future. EU nationals and their family members will be able to remain in the UK under the new Settled Status Scheme. ## What is the new Settled Status Scheme? As previously discussed, the new [Settled Status](https://immigrationandvisasolicitors.co.uk/eea-settled-status-document/) Scheme will replace Permanent Residence under the EEA Regulations 2016 once the UK has left the EU. EU nationals and their family members who come to the UK by the 29 March 2019 and have been living continuously and lawfully for 5 years will be eligible to remain in the UK by way of the new Settled Status Scheme. EU nationals who have been in the UK for less than 5 years before the exit date will be able to apply to remain in the UK until they have reached the 5-year threshold, after which they too may then apply for Settled Status. According to the Home Secretary, it is expected that applications for the new Settled Status will open during the second half of 2018.The application for Settled Status will cost no more than the fee a British person pays for a passport which is just £72.50 and EU nationals in the UK who already have a valid [Permanent Residence](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) document will be able to convert their Permanent Residence to Settled Status for free. Further, the Home Secretary has emphasised that the process for applying for Settled Status will be streamlined and user friendly, promising that *“there won’t be bureaucratic hurdles – those processing applications will work in your favour”*, which is the complete opposite of the current systems in place by the Home Office. ## Apply for Permanent Residence in the UK Although the Home Secretary has promised that the process of applying under the new Settled Status Scheme will be streamlined and easy and that EU nationals need not do anything regarding their status in the UK until next year, it is advised that EU nationals and their family members who are currently eligible but have not yet got permanent residence in the UK do so sooner rather than later. The Home Secretary has also said that it will be easier and cheaper for EU nationals who already hold permanent residence to convert to settled status rather than applying later. Therefore, get in touch with our immigration team who can assist in preparing a strong application. ## Using Legal Representation to make a Visa Application under the Settled Status Scheme Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an application under the Settled Status Scheme. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application under the Settled Status Scheme succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application under the Settled Status Scheme meets the requirements. ## Successful Visa Applications under the Settled Status Scheme [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your application under the new Settled Status Scheme before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Settled Status application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful a successful application under the Settled Status Scheme. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Apply for a Sole Representative Visa to help you expand your business in the UK Source: https://immigrationandvisasolicitors.co.uk/sole-representative-visa/ *The UK Immigration Rules provide that a company registered outside the European Economic Area (EEA) which has been operating for at least 12 months,** has a good turnover and profitability, may have a common law gateway to set up in the UK by applying for a Sole Representative visa.  The Sole Representative visa allows overseas businesses **to open an outpost, branch or subsidiary in the UK by appointing a Sole Representative in the UK. * ## Appointment of the Sole Representative As the [Sole Representative](https://www.gov.uk/representative-overseas-business/eligibility) of an overseas business, the Applicant must satisfy the following in order to submit a successful application to the UKVI: - Employee must be recruited by the overseas company outside the UK; - The employee must be a senior employee with full authority to take major decision on behalf of the headquarters or parent company overseas; - Full-time employee of the overseas business reflected in a proper basic salary; - Maintenance (there is no set amount for the maintenance required), accommodation and English language requirements must be also satisfied; - Employee must spend a minimum 9 months per year in the UK, OR - Not less than 4 months per year, if the absence can be justified by proof of genuine business needs and interests; and - The visa application must be made from outside the UK, switching into this capacity from a different visa category is not an option. The role of a Sole Representative in the UK must be a senior member of staff with a number of key responsibilities, and cannot be substituted with an agent or sales representative normally operating in one function. Decision-making power and abilities are crucial for qualifying as a Sole Representative. However, if the Sole Representative has a major shareholding, such as over 30%, questions would be raised whether the applicant is a driving force or the life of the company overseas. Although the Sole Representative must be one with authority and great responsibility, these cannot surpass that of the headquarters or parent company overseas. If the applicant is indeed a driving force of the head company overseas, the application may be refused as there are other business immigration routes which should apply, such as Tier 1 Entrepreneur visa. An advantage of this visa is that dependent family members of the Sole Representative may also apply to come to live and work in the UK. Dependents may also be able to switch into this visa if they are under a different visa unless they are on a visitor visa. ## Genuine Commercial Enterprise under the Sole Representative Visa The Sole Representative visa requires that the overseas headquarters or parent company should remain abroad, rather than to relocate to the UK. However, this does not preclude the scenario where the UK branch would become more successful to even overshadow the headquarters or parent company later on. The Applicant must produce evidence that the overseas company is a genuine commercial enterprise; otherwise, the Home Office would question whether there is genuine intention to set up a business in the UK or intention to circumvent the immigration law on Tier 1 visa application. The Tier 1 Entrepreneur visa is completely different to the Sole Representative visa, as the purpose of the Tier 1 Entrepreneur visa is to allow an overseas migrant to set up or take over an existing entity in the UK. ## Using Legal Representation to submit a Sole Representative Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Sole Representative visa application under the UKVI Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Sole Representative visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence in support of your visa application. The UK Immigration Rules are complex and a legal representative can help ensure that your Sole Representative visa application meets the Immigration Rules. ## Successful Sole Representative visa application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Sole Representative visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Right to Bank update adds to Hostile Environment Policy Source: https://immigrationandvisasolicitors.co.uk/hostile-environment-policy-update/ *On Wednesday, the Home Office published new policy guidance in regard to the [Immigration Act 2014 code of practice: freezing orders (bank accounts measures)](https://www.gov.uk/government/publications/immigration-act-2014-code-of-practice-freezing-orders-bank-accounts-measures). The purpose of the guidance is to outline a new code of practice for freezing or closing the bank accounts of individuals who the Home Office identify as having no valid status in the UK and foreign offenders facing deportation. However, this guidance, which is set to begin in January 2018, has faced mountains of backlash from MPs and campaign groups who have warned that the policy is just another device used to create a Hostile Environment Policy which will be damaging to a large number of foreign nationals who may even have valid status. * ## What are Right to Bank Checks in the Government’s Hostile Environment Policy? On the 30 October 2017 the Home Office introduced new [Right to Bank](https://immigrationandvisasolicitors.co.uk/right-to-bank/) measures in order to create a Hostile Environment Policy in the UK and further crack down on net migration in the UK. Under Section 40C(2) of the Immigration Act 2014 and amended under Schedule 7 of the Immigration Act 2016, banks have a duty to conduct quarterly periodic checks in order to identify account holders who have no valid status in the UK or foreign criminals facing deportation. The bank or building society is required to inform the Home Office and can freeze or close that person’s bank account. The updated guidance includes a number of factors in deciding whether the bank should freeze the account, or out-right close it, which includes considering the amount of money that is in the account; if the balance is less than £1,000 the account will be closed. ## How is the Right to Bank update adding to the Government’s Hostile Environment Policy? Banks will begin carrying out right to bank checks on 70 million accounts in January 2018  and since the update has been announced, more than 60 MPs and numerous campaign groups and academics have urged the Secretary of State to reconsider carrying out these “[damaging](http://www.independent.co.uk/news/uk/home-news/home-office-immigration-checks-bank-accounts-mps-campaign-groups-urge-stop-caroline-lucas-david-a8118251.html)” and “inhumane” checks as not only will those in an already vulnerable position be exploited, but also individuals who have valid immigration status. The Home Office is notorious for making mistakes in regard to its immigration checks with findings from the Chief Inspector of Borders and Immigration Inspection [Report](https://www.gov.uk/government/publications/inspection-report-of-hostile-environment-measures-october-2016) on Hostile Environment Measures finding that 10% of immigrants were incorrectly listed as “disqualified persons” by the Home Office last year.  However, a Home Office spokesperson has reassured that it > *“…has rigorous checks in place to try and avoid errors being made under the new policy, and that in the event of bank accounts wrongly being frozen there will be a system in place to rectify the situation”. * It is therefore important that foreign nationals in the UK do have valid status and the right to bank in the UK. If your visa has expired or is about to expire, contact our specialist immigration team to book a consultation do that our solicitor can help your prepare a strong application. ## Using Legal Representation under the Hostile Environment Policy Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on immigration law and your immigration status ensuring you comply with the Immigration Rules. It is possible to instruct an immigration and visa legal representative to assist you with understanding and complying with the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that you comply with the UK Immigration Rules. ## Successfully comply with the Hostile Environment Policy Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and whether you comply with the Right to Bank Check before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Continuity of Residence Case Study: Babajanov (Continuity of Residence – Immigration (EEA) Regulations 2006 [2013] UKUT 00513 (IAC) Source: https://immigrationandvisasolicitors.co.uk/continuity-of-residence/ *One of the main obstacles in [EEA Permanent Residence](https://www.gov.uk/eea-registration-certificate/permanent-residence) applications is satisfying the Continuity of Residence requirement. Applicants must be able to demonstrate that they have been resident in the UK for 5 consecutive years and must have been exercising their Treaty Rights during that period. Whilst Applicants are entitled to have some periods of absence from the UK it should be noted that the periods of absence should not exceed 6 months in any one year unless the absence falls under the exception given under [Regulation 3 (2)](http://www.eearegulations.co.uk/Regs2016/ByPage/regulation_03) of the EEA Regulations 2016. The Ruling in Babjanov **clarified whether absences longer than 6 months in any one year in the qualifying period automatically breaks the Continuity of Residence.   * ## Continuity of Residence: Background of Babajanov [2013] UKUT 00513 (IAC) The Claimant was a citizen of Azerbaijan born on 11 May 1991. The Claimant was appealing the First Tier Tribunal’s decision to refuse his appeal against the Secretary of State’s decision in refusing to issue him with a document certifying Permanent Residence in the UK. In this particular case, the Claimant had excessive absences and the court was asked to provide some guidance on when the Continuity of Residence would be broken and to clarify what exceptions apply under [Regulation 3](http://www.eearegulations.co.uk/Regs2016/ByPage/regulation_03) of the EEA Regulations 2016. ## The Law on Continuity of Residence Under the Immigration (European Economic Area) Regulations 2016 The legislation governing the issue of Continuity of Residence in Permanent Residence applications is Regulation 3 of the EEA Regulations 2016. Under the Regulation 3 (2) the Continuity of Residence is not affected by the following: (a) Periods of absence from the United Kingdom which do not exceed six months in total in any year; (b) Periods of absence from the United Kingdom on compulsory military service; or (c) one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting. ## Upper Tribunal Judgement Continuity of Residence Babajanov [2013] UKUT 00513 (IAC) The Upper Tribunal Judge Allen and Judge Dawson commented on the issue regarding the Continuity of Residence within the meaning of Regulation 3 of the EEA Regulations 2016. It was confirmed excess absences of over 6 months must come within Regulation 3 and the purpose needs to be of an importance comparable to those specified in regulation 3(2) and involve (i) compelling events and/or (ii) an activity linked to the exercise of Treaty Rights in the host country. It was also held that longer absences for an undefined period of compulsory military service are also deemed not to affect/break the Continuity of Residence. It was also established that one absence of a maximum of twelve consecutive months shall not affect Continuity of Residence for important reasons such as pregnancy and childbirth, serious medical illness, study or vocational training or posting in another member state country. The Upper Tribunal judges also held that the right to [Permanent Residence](https://www.gov.uk/eea-registration-certificate/permanent-residence) under regulation 15 of the Immigration (European Economic Area) Regulations 2006 is capable of being established whilst a national of a Member State or a family member of that national is outside the host country provided the reasons for the absence come within Article 16 (3) (and) regulation 3 (2). The reasons for these provisions are not exhaustive in the light of the reference to “such as” (reg 3 (2) (c), but the absence must be for an important reason. The Upper Tribunal Decision can be found at [Babajanov Continuity of Residence - Immigration (EEA Regulations 2006).](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/12/Babajanov-Continuity-of-Residence-Immigration-EEA-Regulations-2006.pdf) ## Using Legal Representation apply for a document certifying Permanent Residence in the United Kingdom Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct immigration and visa legal representatives to apply for Permanent Residence in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Permanent Residence application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules and EEA Regulations are complex and a legal representative can help ensure that your Permanent Residence application meets the Immigration Rules or EEA Regulations. ## Successfully apply for a document certifying Permanent Residence [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Permanent Residence application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Permanent Residence application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful Permanent Residence applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Minimising Potential Impact of Revocation of Tier 2 Sponsorship Licence Source: https://immigrationandvisasolicitors.co.uk/tier-2-sponsorship-licence/ *Employers who hold a Tier 2 Sponsorship Licence should ensure they comply with their Tier 2 Sponsorship Licence duties, or risk losing their Tier 2 Sponsorship Licence all together. The consequence of losing the Tier 2 Sponsorship Licence would not only have a detrimental impact on the Tier 2 worker and Sponsorship Licence holder, but also on the entire business. Depending on the structure of the company, it may be beneficial for businesses to apply for multiple Tier 2 Sponsorship Licences, which would protect the business as a whole as each branch of that company would have its own Tier 2 Sponsorship Licence and therefore the other branches of the business may not be liable. * ## How to minimise the potential impact of revocation of the Tier 2 Sponsorship Licence The best way to avoid having a Tier 2 Sponsorship Licence revoked is to comply with the Home Office and UK Visas and Immigration ("UKVI") requirements. Employers can do this by way of carrying out a [Right to Work Check](https://immigrationandvisasolicitors.co.uk/home-office-updates-right-work-checks-uk-employers/) to ensure that any potential employees from non-EEA countries are eligible to work in the UK. There are numerous documents that you will be required to check, and compliance with the Home Office rules is vital to ensure the safe future of your business. UKVI enforcement officers can carry out random [compliance audits](https://immigrationandvisasolicitors.co.uk/ukvi-compliance-audits/) to ensure that businesses are fulfilling their duties and acting in accordance with the Home Office and UKVI rules. Our business immigration lawyers assess each matter on a case by case basis in an initial consultation, in order to give the appropriate advice. If you are unsure about any of the Home Office requirements in staying compliant, or wishing to make a Tier 2 Sponsorship Licence application, contact our immigration team and we can guide you through the process and assist with preparing a strong application. The consequence of losing the Tier 2 sponsorship licence is severe; the Tier Sponsor would not only lose their privilege to obtain another Certificate of Sponsorship ("CoS") but also have no chance to act in mitigation to the damage caused to business by the revocation, since all Tier 2 workers under this licence would have their leave reduced to 60 days upon revocation. For entities employing a large number of Tier 2 workers, apart from vigorous examination on complying with the immigration law, one can also consider reducing the risk by applying for sponsorship licences fit for your corporate structure in a way which would definitely prevent hundreds of [Tier 2 workers](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) from losing their leave to remain status and protect your organisation from interference to business continuity. ## Multiple Tier 2 Sponsorship Licence in accordance with the corporate structure Businesses that have a number of different offices, UK based subsidiaries or entities, locations or campuses ("branches") may apply for separate Tier 2 Sponsorship Licences for each branch. The Tiers 2 and 5: guidance for sponsors states that Tier 2 Sponsorship Licence holders can choose to apply for a single licence for the entire organisation with multiple offices in the UK, or apply for a separate licence for each branch. If they so choose, the Tier 2 Sponsor can apply to convert licences of separate branches into a single licence for the entire establishment in the UK. However, for large businesses, the convenience of registering for a single Tier 2 Sponsorship Licence for all their branches and operations in the UK comes with significant risk because if that sponsorship licence gets revoked, all of the Tier 2 workers will find themselves having to find  a new Tier 2 Sponsorship Licence holder and risk their own immigration status if they fail to do so. ## Common Ownership or Control of a business with a Tier 2 Sponsorship Licence Another way that a business can ensure they comply with the Home Office requirements but that don't have a Sponsorship Licence may employ a Tier 2 worker via an existing Tier 2 Sponsorship Licence of another business. This is absolutely fine provided that they can prove the two entities are directly linked by common ownership or control. This is assessed by the Home Office in the same way as the Tier 2 Intra-Company Transfer ("ICT") visa. Common ownership or control between two entities is typically found in one of the following ways: - One entity holds or controls: (i)the other entity’s board; or (ii)more than half the maximum number of votes at the general meeting of the other entity; or (iii)more than half the issued share capital of the other entity. - Two entities have a common parent entity which itself, or through another company, holds or controls: (i)the other entity’s board; or (ii)more than half the maximum number of votes at the general meeting of the other entity; or (iii)more than half the issued share capital of the other entity. - Two entities are linked by a Joint Venture Agreement; - Two entities linked by a Joint Venture Agreement are also linked to the entity formed under the Joint Venture Agreement; - Accountancy or law firms linked to each other running under one name by agreement; and - A registered company receiving the Tier 2 worker is linked to an unincorporated association sponsoring the Tier 2 worker, if the Articles of Association of the registered company with the unincorporated association show a relationship of control, such as the power to appoint the other entity’s trustees. ## Using Legal Representation to apply for a Tier 2 Sponsorship Licence Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 Sponsorship Licence application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 2 Sponsorship Licence Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Update for switching from a Tier 4 Student Visa to Tier 2 Work Visa within the UK Source: https://immigrationandvisasolicitors.co.uk/tier-4-student-swtich-tier-2/ *We have previously written about the eligibility requirements and [benefits](https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-into-tier-2-general/) of switching from a Tier 4 Student Visa into to Tier 2 Work Visa from within the UK. From 11 January 2018, the Immigration Rules update per the recent [statement of changes](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/667234/CCS207_CCS0817919842-3_HC_309_-_Statement_of_Changes_in_Immigration_Rules.pdf) will be implemented, which will see changes in relation to the eligibility requirements for Tier 4 Students wishing to switch to a Tier 2 Work Visa from within the UK. * ## The update for switching from a Tier 4 Student Visa into a Tier 2 Work Visa from within the UK One of the requirements for switching from a Tier 4 Student Visa into a Tier 2 Work Visa is that the Applicant must have successfully completed and passed a UK recognised Bachelor’s or Master’s degree, postgraduate certificate in education or professional graduate diploma of education, or have completed a minimum of 12 months study in the UK towards a UK PhD during the Applicant’s current period of leave or a period of continuous leave and provide their original degree certificate in evidence of this. However, from 11 January 2018, Tier 4 Students wishing to switch to a [Tier 2 Work Visa](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) from within the UK will no longer be required to demonstrate that they have “completed and passed” a UK recognised Bachelor’s or Master’s degree and instead will only have to prove that they have completed a course “leading” to those recognised Bachelor’s or Master’s degrees. Therefore, Tier 4 Students will not have to wait for their results before making their Tier 2 Work Visa application from within the UK. ## The definition of "completion of a course" Completion of a course is not defined in the Immigration Rules and it is therefore not clear whether the update will clarify the position of Tier 4 Students who have upcoming resit exams confirmed before submitting their Tier 2 Work Visa application. In these instances, where a Tier 4 Student waiting to take resits do not have enough leave in the UK in order to sit their resit exam and the sponsoring institution is unable to extend the Tier 4 Student visa, the student could switch into a short-term student visa, although this cannot be extended or switch into another category of leave to remain within the UK. Some of the benefits of switching from a Tier 4 Student Visa into a Tier 2 Work Visa include: - The application to switch from a Tier 4 Student Visa into Tier 2 General Work Visa is made within the UK and therefore an Entry Clearance Tier 2 General Work Visa application is not required. This can be more convenient for Tier 4 Students who are already in the UK and it is not convenient for them to leave in order to submit a fresh visa application; - As the Certificate of Sponsorship (CoS) is not subject to a national annual limit, it is likely to be issued quicker; and - Family Members of Tier 4 Students looking to switch into a Tier 2 Work Visa may be able to apply in their own right. It is important to contact our specialist immigration team before switching from a [Tier 4](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/) Student Visa into a Tier 2 Work Visa as the UK’s Immigration Rules are complex and can be difficult to understand. We have a great deal of experience and success with Applicants switching visas from within the UK and it is important for Applicants to get a successful result and not risk any visa application being refused due to not fully understanding the requirements. ## Using Legal Representation to switch from a Tier 4 Student Visa into a Tier 2 Work Visa within the UK Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to switch from a Tier 4 Student Visa into a Tier 2 Work Visa within the UK. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully switch from a Tier 4 Student Visa into a Tier 2 Work Visa within the UK [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Meeting the Financial Requirement through Adequate Maintenance in Spouse, Fiancé and Unmarried Partnership Visa Applications Source: https://immigrationandvisasolicitors.co.uk/financial-requirement-carers-allowance/ *We are frequently instructed on UK Spouse, Fiancé and unmarried partnership visa applications to the UKVI department of the Home Office. Our LEXVISA Immigration Team currently holds an impressive 100% success rate with these applications. One of the main obstacles for Applicants in submitting these family-based applications under the Immigration Rules is often the failure to meet the financial requirement of £18,600 for their application. In particular, issues may arise, where the Sponsor is unemployed or has limited employment due to their responsibility as a carer and is on carer’s allowance.* ## Meeting the Financial Requirement through Adequate Maintenance It is important for Applicants to know that the financial requirement can be met through adequate maintenance. The adequate maintenance route should always be explored where Applicants have difficulty in meeting the threshold of £18,600 due to lack of employment due to disability or responsibility as a carer. It is possible to meet the financial requirement where the Sponsor is in receipt of any of the below benefits: - [Carer’s Allowance](https://www.gov.uk/carers-allowance) or Disability Living Allowance or Severe Disablement Allowance; - Industrial Injuries Disablement Benefit or Attendance Allowance; - Personal Independence Payment or Armed Forces Independence or Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; - Constant Attendance Allowance or Mobility Supplement or War Disablement Pension under the War Pensions Scheme or Police Injury Pension. Where the Applicants partner is in receipt of one of the above benefits or allowances it is important the correct documentary evidence is provided in support of the application. If the mandatory documents are not submitted with the application, the application is likely to be refused. ## Alternative Sources for meeting the Financial Requirement There are a number of ways Applicants can meet the financial requirement for their UK Spouse, Fiancé and unmarried partnership visa application. It is fundamental for Applicants to have knowledge of the Immigration Rules, relevant appendixes and UKVI Policy and Guidance when submitting an Immigration application as all three documents should be read together. Generally, there are five ways to meet the financial requirement of £18,600: - Income from Salaried or Non-Salaried employment of the Sponsor or the Applicant if he/she is in the UK with permission to work. This falls under Category A or Category B, depending on the type of employment. - Income from non-employment, i.e. rental income from properties or dividends from shares. This falls under Category C. - Cash savings of £62,500 which the Sponsor must have held for a minimum of 6 months. This falls under Category D but may be combined with Categories A and B; - Income from the state (UK or Foreign), occupational or private pension of the Sponsor and/or the Applicant. This falls under Category E. - Income from self-employment, and income employment, and income as a director or employee of a specified limited company in the UK, of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category F or Category G, depending on which financial year(s) is or are being relied upon Whilst it is true that the financial requirement can be met by way of combining some of the categories under Appendix FM SE of the Immigration Rules to reach the £18,600 figure. It is equally important to note that not all categories can be combined and expert advice should be taken from specialist Immigration Lawyers before submitting an application to the UKVI department of the Home Office. ## Using Legal Representation to meet the Financial Requirement for your UK Immigration Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct immigration and visa legal representatives to apply for a UK Immigration visa application in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence and failure to meet the financial requirement for their application. In order to ensure your UK Immigration visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Immigration visa application meets the Immigration Rules. ## Successfully meet the financial requirement for your UK Immigration Visa Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of UK Immigration visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can offer bespoke advice on complex issues in relation to meeting the financial requirement for your application. We can assist you with the preparation of your UK Immigration visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful UK Immigration visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Tier 2 Sponsor Licence Revocation Case Study: Sri Prathinik Consulting Limited v Secretary of State for the Home Department Source: https://immigrationandvisasolicitors.co.uk/tier-2-sponsor-licence-revocation/ *Just before the Christmas break, the High Court upheld the decision in Sri Prathinik Consulting Limited v Secretary of State for the Home Department (“Sri Prathinik v SSHD”), that the revocation of the company’s Tier 2 Sponsor Licence was lawful. It is important that Tier 2 Sponsor Licenced businesses in the UK comply with the Resident Labour Market Test and other Home Office rules and regulations in order to prevent Tier 2 Sponsor Licence revocation or suspension. * ## Tier 2 Sponsor Licence Revocation: Background of Sri Prathinik v SSHD The Claimant had a Tier 2 [Sponsor Licence](https://immigrationandvisasolicitors.co.uk/uk-business-sponsor-licence/) in order to hire non-resident IT experts for his business after carrying out the Resident Labour Market Test and finding no suitable settled workers for the positions. The Home Office made an [unannounced compliance visit](https://immigrationandvisasolicitors.co.uk/ukvi-compliance-audits/) to the company’s premises and found that, contrary to Appendix D of the Tier 2 Sponsor Licence Guidance, the Claimant had failed to retain evidence of the Resident Labour Market Test and therefore suspended the Claimant’s Tier 2 Sponsor Licence on the basis of inadequate [record keeping](https://www.gov.uk/government/collections/sponsorship-information-for-employers-and-educators). It was then discovered that the Claimant had issued the Certificate of Sponsorship (“CoS”) more than 6 months after the Resident Labour Market Test had been carried out and as a result, the Claimant’s Tier 2 Sponsor Licence was revoked. ## Tier 2 Sponsor Licence Revocation: Complying with the Resident Labour Market Test Tier 2 employers must carry out the Resident Labour Market Test before offering a position to a migrant worker. A CoS may only be assigned if the Resident Labour Market Test has been correctly carried out and no suitable settled worker is appropriate to fill the post or when the Resident Labour Market Test is not required. Further, paragraph 29.2 of the Tier 2 and 5 Sponsor Licence Guidance provides that *“all CoS, restricted or unrestricted, must be assigned within 6 months of the date the vacancy was advertised”. *Under Annex 5(u) of the Tier 2 and Tier 2 Sponsor Licence Guidance, failure to comply with paragraph 29.2 may be used as a mandatory ground for Tier 2 Sponsor Licence revocation. In this instance, the Claimant argued that the completion of the Resident Labour Market Test and the assignment of the CoS are two separate policies which have different penalties if breached and consequently, the Secretary of State had wrongly applied Annex 5(u) which resulted in a harsher sanction being imposed on the company. ## Tier 2 Sponsor Licence Revocation: The High Court’s Decision in Sri Prathinik v SSHD Last month, the High Court upheld the Secretary of State’s decision to revoke the Claimant’s Tier 2 Sponsor Licence, specifically referring to the leading [judgement](http://www.bailii.org/ew/cases/EWCA/Civ/2016/770.html) from Lord Justice Tomlinson in [*R (Raj and Knoll Limited) v SSHD* [2016] EWCA Civ 770](https://immigrationandvisasolicitors.co.uk/uk-immigration-case-analysis-raj-knoll-ltd-v-sshd-2015/) in that failure to assign a CoS within 6 months of carrying out the Resident Labour Market Test is a mandatory ground for Tier 2 Sponsor Licence revocation. The Court also reiterated that the Tier 2 and 5 Sponsor Licence Guidance must be read and considered as a whole and went on to comment that although the Secretary of State had wrongfully applied Annex 5(u) specifically in this case, the decision to revoke the Claimant’s Tier 2 Sponsor Licence would nonetheless be her discretion even if it did not fall under the mandatory ground for revocation and therefore the Secretary of State was correct in revoking the Claimant's Tier 2 Sponsor Licence. The full High Court Decision can be found here: [Sri Prathinik Consulting Ltd v Secretary of State for the Home Department 2017 EWCH 3204 (Admin) | LEXLAW Solicitos and Basrristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2018/01/Sri-Prathinik-Consulting-Ltd-v-Secretary-of-State-for-the-Home-Department-2017-EWCH-3204-Admin-LEXLAW-Solicitos-and-Basrristers.pdf) ## Using Legal Representation to comply with the Home Office Guidance and avoid Tier 2 Sponsor Licence Revocation Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to ensure you understand your duties and responsibilities of being a Tier 2 Sponsor Licence Holder and help you ensure that your business is and remains compliant with all the immigration requirements and avoid Tier 2 Sponsor Licence revocation or suspension. Our immigration solicitors can help you conduct ‘mock immigration audits’ to help identify any potential issues which could be resolved before a ‘surprise’ UKVI Compliance Audit. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully comply with the Home Office Guidance and avoid Tier 2 Sponsor Licence Revocation [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [Our offices are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Continuous Residency Requirement for Indefinite Leave to Remain Source: https://immigrationandvisasolicitors.co.uk/continuous-residency-requirement/ *The Continuous Residency requirement is a question of fact; however, the recent statement of changes to the Immigration Rules means many Indefinite Leave to Remain ("ILR") Applicants must reconsider whether they satisfy the Continuous Residency requirement. Our expert immigration team has comprehensive knowledge and understanding of the Immigration Rules, and our solicitors can advise you on whether you meet the Continuous Residency requirement for your ILR application  and the necessary documents that are required in order to demonstrate this. * ## Continuous Residency for Indefinite Leave to Remain Point-Based System visas allow applications for ILR, also referred to as settlement, generally upon 5 years of legal and Continuous Residency by an Applicant. These visas include: - Tier 1 Entrepreneur visas; - Tier 1 Graduate Entrepreneur visas; - Tier 1 Exceptional Talent visas; - Tier 1 Investor visas; - Tier 2 General visas; - Tier 2 Intra-company Transfer (ICT) visas; - Tier 2 Minister of Religion visas; and - Tier 2 Sportsperson visas. Earlier settlement is possible depending on meeting the requirements for each category; For example, the Tier 1 Investor visa allows 2-year, 3-year and 5-year settlement routes. Among others, some common law work visas also require the legal and Continuous Residency of 4 or 5 years before the applicant can apply for settlement. These include the visa for: - a Sole Representative of an overseas business and - a commonwealth citizen with British ancestry. ## Update on the Continuous Residency Requirement For work related settlement applications, the existing Immigration Rules stipulate that Continuous Residency means an unbroken period with valid leave where* “the applicant has been absent from the UK for a period of 180 days or less in any of the … consecutive 12 calendar month periods … preceding the date of the application for leave to remain”.* The current Home Office guidance states that the following periods count as absence: - absences between the date of issuing the visa and the date of entry to the UK, however, the applicant does not need to provide evidence to explain the reason for the delayed entry; or - only whole days of absence count as absence; part day absences, such as dates of inbound and outbound flights, do not count in the absence period. Under the current Immigration Rules, an Applicant with more than 180 days of absence in a single year may still qualify for settlement, provided at the time of the application, the specified continuous periods counted backwards from the date of application do not contain an absence period over 180 days. This is the case in the following example: - Lily first came to the UK on 1 January 2012 and applied for ILR on 1 February 2017; - Lily has 0 days of absence in 2014, and 181 days of absence in 2015, one absent day is in January 2015; - There are no other absence during the last 5 years of Lily’s residency; - Therefore, under the current rules, the absences counting backwards is as follows: from 1 February 2017 to 2 February 2016 is 0 day of absence; - from 1 February 2016 to 2 February 2015 is 180 days of absence; - from 1 February 2015 to 2 February 2014 is 1 day of absence; - from 1 February 2014 to 2 February 2013 is 0 day of absence; and - from 1 February 2013 to 2 February 2012 is 0 day of absence. Under the current rules, the Applicant can prove Continuous Residency within the specified 5 year period up to the date of application, despite having a 181 day absence in the year 2015. However, this calculation is due to be changed on 11 January 2018. Many may not satisfy the continuous residency requirement come this Thursday. The [Statement of Changes](https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc309-7-december-2017) stipulates,* “references to a ‘continuous period’ of 5 years or 4 years… mean… the applicant has not been absent from the UK for more than 180 days during any 12 month period in the continuous period…”* with exceptions of humanitarian and environmental work overseas. The new rule applies to applications submitted on Thursday and onward, where Lily would not have satisfied the Continuous Residency requirement for the settlement application: - Lily first came to the UK on 1 January 2012 and applied for ILR on 1 February 2017; - Under the new rules, Lily will need to consider the following with great attention to detail before applying for ILR: There are less than 180 days of absence in each year; - There are less than 180 days of absence during any 12 month period within the specified period for continuous residency; - Before going away from the UK, number of absent days for the planned journey plus the period of absence in the last 12 months do not exceed 180 days; - After coming back to the UK and spending 180 days outside the UK, the next time Lily can travel abroad is from the date of the first day of absence in the last 12 months counted from the date of return plus 1 year. ## Reason for Absences must be Consistent with the Purpose of Original Visa If the Applicant does exceed the allowed number of absences, recourse may be had if the absences can be justified as allowable reasons for absences, which in general, must be consistent with the purpose of the original visa granted or justified by serious or compelling reasons. This will be at the discretion of the Home Office case worker, so it is important that Applicants put forward a strong argument. ## Using Legal Representation to submit Successful Work Visa Applications following the UK Business Immigration Update Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a work visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Work Visa Applications following the UK Business Immigration Update [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Top tips for a Parent of a British Child Visa Source: https://immigrationandvisasolicitors.co.uk/parent-of-a-british-child-visa/ *Overseas parents with British citizen children present and settled in the UK can apply to join them under the [Parent of a British Child Visa](https://www.gov.uk/uk-family-visa/parent). The parent of a British citizen/settled child must meet the relationship, financial, accommodation and English requirements to obtain the Parent of a British Child Visa. The main requirement parents must be able to demonstrate is that they have sole responsibility for the children in question. In addition to this, they must also prove that they are able to adequately maintain themselves and their family members in the Uk.* ## Who can apply for a Parent of a British Child Visa? This particular visa is extremely popular and is often used to reunite families together. However, the [Parent of a British Child Visa](https://web.archive.org/web/20180307174915/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/653038/Appendix_FM_Section_1.0a_Family_Life_as_a_Partner_or_Parent_-_5-year_rou....pdf) should only be explored where the relationship of the parents of the children in question has broken down and is no longer subsisting especially where parental responsibility is shared. The Parent of a British Child Visa is valid for 2.5 years and an extension application can be made to extend the visa for a further 2.5 years. If the child turns 18 since the first leave granted to the parent, an extension can still be granted, provided the child has not led an independent life or formed a family unit of their own. The parent must intend to make the UK their principal place home with the child. ## Relationship Requirement for Parent of a British Child Visa The [Parent of a British Child Visa](https://web.archive.org/web/20180307174915/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/653038/Appendix_FM_Section_1.0a_Family_Life_as_a_Partner_or_Parent_-_5-year_rou....pdf) requires that, at the time of application, the relevant child must be under the age of 18. The child must also be present and settled in the UK and must be able to show that the child intends to make the UK his/her principal place of home. In order for an Applicant to prove that he/she has parental responsibility for the child in question, the Applicant must produce evidence showing either: - Sole responsibility (sole parental responsibility means that one parent has abdicated or abandoned parental responsibility and the remaining parent is exercising sole control in setting and providing the day-to-day direction for the child’s welfare); - Direct access to the child (this could be through a court order); or - The parent plays an active role in child’s upbringing. The parent route under Appendix FM is not for couples with a child who is in a continuing genuine and subsisting relationship together. The Home Office has made it clear that this visa is not an alternative avenue to enter as a parent. ## Other requirements for Parent of a British Child Visa In addition to the relationship requirement, Applicants must also satisfy the financial, accommodation and English language requirement. To meet the financial and accommodation requirement the following points must be met: - The Applicant must be able to demonstrate that there are adequate funds available for maintenance; and - The Applicant must be able to demonstrate that he/she will not be a burden to the public purse; and - There must be no overcrowding in the property in question and all the public health regulations must be complied with. ## Using Legal Representation to prepare a Parent of a British Child Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Parent of a British Child Visa. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Extension Application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that Parent of a British Child Visa application meets the Immigration Rules. ## Successful Parent of a British Child Visa application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Parent of a British Child Visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Extension Application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Parent of a British Child Visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your Parent of a British Child Visa Application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Immigration Detention Powers Update 2018: New Immigration Bail Source: https://immigrationandvisasolicitors.co.uk/immigration-detention-powers-2018/ *As we previously mentioned in our [UK Individual Immigration Update](https://immigrationandvisasolicitors.co.uk/uk-individual-immigration-update/) article last month, from next Monday, 15 January 2018 the update on Immigration Detention powers will come into force. This will bring about the introduction of the new Immigration Bail which will replace Temporary Admission and Temporary Release under the current legislation. Understanding the UK’s immigration legislation can be tricky, so contact our specialist immigration team if you have queries regarding Immigration Detention powers in the UK. * ## Immigration Detention Powers: What is Temporary Admission or Temporary Release under current legislation? A migrant who is served with a notice of illegal entry, notice of administrative removal, or who is the subject of deportation action is liable for Immigration Detention. However, as an alternative to Immigration Detention, these individuals may be granted [Temporary Admission](https://immigrationandvisasolicitors.co.uk/detention-bail-temporary-admission-immigration/) or Temporary Release. The power to grant Temporary Admission or Temporary Release to illegal migrants and persons served with notice of administrative removal who are liable for Immigration Detention is currently set out in paragraph 21(1) and (2), Schedule 2 of the Immigration Act 1971 (and as amended by the 1988 Act). This provides that the grant of Temporary Admission or Temporary Release in illegal entry or administrative removal cases may be subject to such restrictions on residence, employment or reporting to the police. Any individual who fails to comply to the terms of the grant of Temporary Admission or Temporary Release without reasonable excuse will be deemed to be committing an offence under section 24(1)(e) of the Immigration Act 1971 and may then be liable for Immigration Detention. ## Immigration Detention Powers: What is the new Immigration Bail? As of next Monday, the introduction of the [new Immigration Bail](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/667234/CCS207_CCS0817919842-3_HC_309_-_Statement_of_Changes_in_Immigration_Rules.pdf) will see the replacement of Temporary Admission and Temporary Release. Most of the provisions for the new Immigration Bail can be found under Schedule 10 of the Immigration Act 2016. In summary, this means that any migrant who is in the UK lawfully but without leave will be put on Immigration Bail. The new Immigration Bail marks a significant expansion of the UK’s Immigration Detention powers as Immigration Bail will be able to be imposed on migrants who cannot lawfully be detained. Further, it is important that individuals are aware that the new Immigration Bail does not prevent a migrant’s subsequent detention, meaning it is still possible to be detained if that migrant has been granted Immigration Bail. Schedule 10(10)(1) of the Immigration Act 2016 provides: > *An immigration officer or a constable may arrest without warrant a person on immigration bail if the immigration officer or constable—* > > > *(a) has reasonable grounds for believing that the person is likely to fail to comply with a bail condition, or* > > > *(b) has reasonable grounds for suspecting that the person is failing, or has failed, to comply with a bail condition.* Therefore, individuals can be arrested for possible future breaches of their Immigration Bail conditions. The only test is whether the immigration enforcement or police officer has “reasonable grounds for believing” failure to comply with the Immigration Bail conditions. ## What does the update on Immigration Detention Powers mean for those who will be granted Immigration Bail? For those who may find themselves on the new Immigration Bail under Schedule 10 of the Immigration Act 2016, we advise that they comply with all the conditions of their Immigration Bail. Those who are subject to Immigration Bail may also wish to regularise their status in the UK by making a visa application to the Home Office. However, in order to receive bespoke advice tailored to your individual circumstances, we suggest you book a consultation with our fully qualified immigration solicitors who will be able to advise you appropriately given your situation. ## Using Legal Representation to submit a successful Visa Applications following the UK's Immigration Detention Powers update Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Visa Applications following the UK's Immigration Detention Powers update [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Top tips for securing a Tier 1 Entrepreneur extension application and next steps Source: https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-extension-application/ *The Tier 1 Entrepreneur visa application is ideal for overseas business people who aspire to start up or take over an existing business in the UK with a view to long-term settlement. Applicants who successfully apply for a Tier 1 Entrepreneur visa application will be initially granted permission to reside in the UK for 3 years and 4 months. Applicants who wish to [extend their stay](https://www.gov.uk/tier-1-entrepreneur/extend-your-visa) must submit a Tier 1 Entrepreneur extension application and must ensure that they do this before the expiry of their current visa.  In order to successfully apply it is important for Applicants to have complied with the visa conditions put on them at the time of the grant of their Tier 1 Entrepreneur application.    * ## Preparing early for the Tier 1 Entrepreneur extension application If your initial Tier 1 Entrepreneur visa application is successful it is imperative for Applicants to have a well-prepared forecast of what steps must be taken to finalise the setup or acquisition of an existing business in the UK. Failure to prepare may have a detrimental impact on the Tier 1 Entrepreneur extension application. Further, this could have a detrimental impact on the business and future settlements plans in the UK. This is also likely to have a negative impact on any dependents to the Tier 1 Entrepreneur application unless they have switched into another visa category since the initial grant. ## Eligibility requirements for the Tier 1 Entrepreneur extension application The First step in submitting a Tier 1 Entrepreneur extension application is to ensure that the initial Tier 1 Entrepreneur visa conditions have been fulfilled. The main criterions that must be met are as follows: - Applicants must be able to prove that they have invested the original £200,000 into a new or existing business; - Applicants must be able to show that the new or existing business has employed a minimum of two employees; and - Applicants must show that they were registered as a director within the first 6 months of entering the UK and are still registered as a director at companies’ house. Tier 1 Entrepreneur extension applications can be very complexed and technical therefore it is essential that legal advice is sought prior to the submission of any application. Often, it is the case that specialist professional legal advice is required from Immigration Lawyers. Applicants who meet the Tier 1 Entrepreneur extension application requirements will be granted a 2-year extension by the Home Office. ## What’s next after the Tier 1 Entrepreneur extension application? Once an Applicant has continuously resided in the UK for a period of 5 years on the Tier 1 Entrepreneur visa route, the next steps would be to apply for Indefinite Leave to Remain in the UK and then British Citizenship by way of Naturalisation. To qualify for Indefinite Leave to Remain (also often referred to as Permeant Residence), Applicants must show that they meet the requirements under the Immigration Rules. The main requirements are to show that you have not travelled outside the UK for more than 180 days over the 5 year period and one of good character. The level of documentary evidence required in the Indefinite Leave to Remain application is great and a failure to provide all the mandatory documents is likely to result in a negative Home Office decision. Following a successful Indefinite Leave to Remain application, Applicants must then hold Indefinite Leave to Remain for 12 months before applying to Naturalise as a British Citizen. ## Using Legal Representation to submit a successful Tier 1 Entrepreneur extension application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 1 Entrepreneur extension application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Entrepreneur extension application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 1 Entrepreneur extension application meets the Immigration Rules. ## Successfully submit Tier 1 Entrepreneur extension application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 1 Entrepreneur extension application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Tier 1 Entrepreneur extension application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 1 Entrepreneur extension application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Visitor Visa Appeal Case on the basis of Human Rights: Mostafa (Article 8 in Entry Clearance) [2015] UKUT 112 IAC Source: https://immigrationandvisasolicitors.co.uk/visitor-visa-appeal-case/ *Since 25 June 2013, the UK Government abolished the full right of appeal for Visitor Visa applications, meaning now only appeals on human rights grounds can be made. The Upper Tribunal considered in the case of Mostafa (Article 8 in Entry Clearance) [2015] UKUT 112 IAC (“Mostafa”) the question of when human rights may be engaged in a Visitor Visa case. The case has since become a precedent for UK Visitor Visa Appeal cases. * ## Visitor Visa Appeal Case: Background and Facts of Mostafa Mr Mostafa (“the Claimant”) is an Egyptian national who applied for a Visitor Visa in order to visit his wife, a British national, in the UK. The Claimant had a stable and rewarding job in his home country, as well as his children there, and had been granted UK Visitor Visas previously. The Claimant’s recent Visitor Visa application was refused on 5 September 2013 as the Entry Clearance Officer (“the Appellant”) was not satisfied with the Claimant’s genuine intention to visit. Since the decision to [abolish](https://www.gov.uk/government/news/right-of-appeal-for-family-visit-visas-abolished) the full right of appeal for Visitor Visas was made after 25 June 2013, the only right of appeal that the Claimant was given was on the basis of human rights. The Claimant appealed the decision, citing the Appellant’s it breached the Claimant’s private and family life under Article 8 European Convention of Human Rights (“ECHR”) by stopping him from being able to be with his wife in the UK. The First Tier Tribunal (“FtT”) allowed the appeal under the Immigration Rules, but curiously made no reference to Article 8 ECHR. The Appellant challenged the decision and was subsequently granted permission to appeal to the Upper Tribunal (“UT”). ## Visitor Visa Appeal: Upper Tribunal Decision of Mostafa The UT held that the FtT was wrong to allow the appeal in the way that it did as it had no power to entertain a ground of appeal asserting that the decision was not in accordance with the Immigration Rules. It did have the power to consider the ground challenging that the decision was incompatible with the Claimant’s Article 8 ECHR, however this was neglected by the FtT judge. The UT clarified that the ability to satisfy the rules illuminates the proportionality of the decision to refuse the Claimant his Visitor Visa. HThe UT therefore re-made the decision, and it was concluded that the FtT should have allowed the appeal not under the Immigration Rules but on Article 8 ECHR grounds. The Upper Tribunal therefore allowed the appeal of the Appellant against the decision of the Entry Clearance Officer under Article 8 ECHR. ## Visitor Visa Appeal not on the basis of Human Rights If an individual does not have the right to a Visitor Visa appeal on the basis of human rights, then there are two other options that they may have: - Judicial Review - An [Immigration Judicial Review](https://immigrationandvisasolicitors.co.uk/immigration-judicial-review/) claim should be filed as a last resort and is often used to challenge the lawfulness of a decision or action carried out by a public body when there all appeal rights have been exhausted or no appeal rights were granted. It is important that Applicants are fully aware of the Judicial Review process, which can come at a great financial and time cost; or - Submit a fresh application – Although to have a UK visa refused will count as adverse immigration history, each application should be considered on its own merits and therefore a fresh [Visitor Visa](https://www.gov.uk/standard-visitor-visa) application may give the best chance of success, ensuring that all of the requirements under the Immigration Rules are met, accompanied by the relevant supporting documents. It is important that Applicant’s seek legal advice from our Immigration lawyers before submitting any application, to ensure that all of the Home Office requirements are satisfied or to assess the next appropriate step in order to give the most successful outcome. The full Upper Tribunal judgement can be found here: [Mostafa (Article 8 in Entry Clearance) [2015] UKUT 112 IAC | LEXVISA Immigration Solicitors](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2018/01/Mostafa-Article-8-in-Entry-Clearance-2015-UKUT-112-IAC-LEXVISA-Immigration-Solicitors.pdf) ## Using Legal Representation for a Visitor Visa Appeal Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to file a successful Visitor Visa Appeal. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Visitor Visa Appeal Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Top know how for Tier 1 Investor Visa Extension applications Source: https://immigrationandvisasolicitors.co.uk/tier-1-investor-visa-extension/ *The [Tier 1 Investor](https://www.gov.uk/tier-1-investor/family-members) visa is an attractive visa category under the Immigration Rules for High Net Individuals who are looking to settle in the UK with minimum bother. Applicants who have been granted the Tier 1 Investor visa can apply to extend their visa by submitting a Tier 1 Investor visa extension application 28 days before the date of the expiry of their current visa. In some cases, Applicants can benefit from the accelerated settlement route if they can show that they have invested large sums in the UK. * ## When to apply for a Tier 1 Investor Visa extension application A Tier 1 Investor visa application will usually be granted for 3 years and 4 months. If Applicants have met the conditions of their Tier 1 Investor visa they can then apply for a Tier 1 Investor visa extension application 28 days before the date of the expiry of their visa. It is extremely important for Applicants to be aware of the differences between the Tier 1 Investor extension requirements for applications granted before and after 6 November 2014 as the extension requirements differ. Applicants often make the mistake of not obtaining the correct legal advice prior to submitting their [Tier 1 Investor](https://www.gov.uk/tier-1-investor/family-members) extension visa application, especially where they are not sure of the requirements. ## Tier 1 Investor Visa extension requirements for applications granted before 6 November 2014 Applicants who were granted their Tier 1 Investor visa application prior to 6 November 2014 must meet the following requirements for their Tier 1 Investor visa extension application: - Must be able to show that they have at least £1 million available to them and the money must be under their own control; or - If the above cannot be proved, Applicants may be able to meet the requirement by showing that they have personal assets of a value not less than £2 million. This does not include any liabilities. Applicants must also show that they have £1 million which has been loaned to them by a UK Regulated Financial Institution; and - Must be able to show investment in the UK in accordance with their visa conditions. ## Tier 1 Investor Visa extension requirements for applications granted after 6 November 2014 Applicants who were granted their [Tier 1 Investor](https://www.gov.uk/tier-1-investor/family-members) visa application after 6 November 2014 must meet the following requirements for their Tier 1 Investor visa extension application: - Must be able to show you have invested not less than £2 million in the UK by way of Government bonds, share capital or loan capital in active and trading UK registered companies; and - Must be able to show that the investment was made within 3 months of entry with evidence of entry into the UK. In some cases, there are exceptions to the above regarding investment timescales where there are exceptionally compelling reasons for a delay in investing. However, if there is a delay in the initial investment into the UK, the reason must be unforeseeable and fall outside of the Applicants control. ## Fast Track Settlement under Tier 1 Investor Visa Extension route One of the benefits of the Tier 1 Investor visa is that it rewards Applicants who make positive contributions to the British economy. The accelerated settlement option allows Applicants to apply for Indefinite Leave to Remain before the usual five year period.  Applicants can potentially benefit from the accelerated settlement option if they can meet some additional requirements. In order to apply for accelerated settlement, Applicants must show significant investment into the UK. In particular, as listed below: Investment of £2,000,000 allows Applicants to apply for Indefinite Leave to Remain after 5 years; Investment of £5,000,000 allows Applicants to apply for Indefinite Leave to Remain after 3 years; Investment of £10,000,000 allows Applicants to apply for Indefinite Leave to Remain after 2 years; Once an Applicant is granted Indefinite Leave to Remain under the accelerated settlement route, they can apply to naturalise as a British Citizen after five years instead of the usual 6. ## Using Legal Representation to submit a successful Tier 1 Investor visa extension application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 1 Investor visa extension application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Investor visa extension application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 1 Investor visa extension application meets the Immigration Rules. ## Successfully submit Tier 1 Investor visa extension application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 1 Investor visa extension application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Tier 1 Investor visa extension application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 1 Investor visa extension application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # New research shows how International Students are beneficial to UK economy Source: https://immigrationandvisasolicitors.co.uk/international-students/ *A new joint report by the Higher Education Policy Institute and Kaplan International Pathways has highlighted the significant benefits of International Students to the UK economy. The research has showed that the benefits of International Students in the UK are “10 times greater than the cost”, yet the Prime Minister is still adamant for International Students to be included in the UK’s net migration figures, which the Government is intent on significantly reducing to less than 100,000. * ## What does the new research tell us about the benefits of International Students? The latest [research](https://www.prospectmagazine.co.uk/politics/international-students-boost-the-economy-by-20-3bn-we-must-encourage-more-of-them-to-study-in-britain) by the Higher Education Policy Institute and Kaplan International Pathways has conveyed that International Students have contributed more than £20 billion a year to the UK economy, which they found is *“10 times greater than the cost*”. The ‘cost’ of International Students takes into account health and social security costs, as well as their accommodation whilst in the UK.  When discussing the benefits of International Students, Dianne Abbott, the Shadow Home Secretary, added that *“as well as receiving all sorts of cultural benefits from International Students, over £300 a year for every UK resident is no small sum”. * In response to these latest figures, a Home Office [spokesperson](https://homeofficemedia.blog.gov.uk/2018/01/11/home-office-in-the-media-11-january-2018/) has said that *“there is no limit to the number of genuine International Students that can come to the UK to study and we very much value the contribution that they make”. *Further, the Home Office has commissioned their own Migration Advisory Committee (MAC) to look at the relationship between International Students and the UK’s economic growth, which is due to be published in September 2018, although there are calls for the publication of these findings to be expedited. ## What does this mean for International Students looking to study in the UK? The Prime Minister continues to refuse to remove International Students from the Government’s target to reduce the UK’s net migration to less than 100,000 and many International Student applicants may continue to find themselves subject to Mrs May’s [Hostile Environment Policy](https://immigrationandvisasolicitors.co.uk/home-office-abuse-of-power/). Yet despite certain obstacles by way of the stringent visa requirements and Hostile Environment Policy, the UK is still one of the leading places for Tier 4 International Students and according to the Home Office the number of Tier 4 Student Visas has increased by 24% since 2010. ## What are the requirements for International Students? As is the case for all UK visa applications, International Students will have to satisfy the Home Office’s requirements which include: - Applicants must be at least 16 years of age and have received an unconditional offer and Confirmation of Acceptance (CAS) Reference number from an institution that holds a Tier 4 Sponsor Licence; - Applicants must be able to demonstrate that they can maintain and accommodate themselves whilst they are in the UK; and - Applicants must meet the English Language requirement. The [policy guidance](https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-4-student) and [appendix](https://www.gov.uk/government/publications/application-for-uk-visa-under-tier-4-general-form-vaf9-appendix-8) provide more detail about the relevant documents and requirements, however it is advised that International Students contact our specialist Immigration Team who have a comprehensive and in-depth understanding of the Immigration Rules and can help prepare the Tier 4 Student Visa application as strongly as possible to ensure that is has the greatest chance of success. ## Using Legal Representation for Tier 4 International Student Visa Applications Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your Tier 4 Student visa applications. You can instruct one of our immigration and visa legal representatives to successfully assist you with making a [Tier 4 Student](https://web.archive.org/web/20200812174931/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-sponsor-licence/) visa application. Our solicitors and Barristers will help you comply with the UK Home Office Immigration Rules and requirements and meet the UK Immigration Rules for a Tier 4 Student visa application. Caseworkers at the UK Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Home Office Immigration Rules. ## Successful Tier 4 International Student Visa Applications Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 4 Student visa application even reaches the UK Home Office Visa & Immigration department. We can assist you with the preparation and submission of a Tier 4 Student visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 4 Student visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Permanent Residence for EU Citizens in the UK Source: https://immigrationandvisasolicitors.co.uk/permanent-residence-for-eu-citizens/ *A recent news story has broken out about a French national who has had her Permenent Residence application refused. What makes this story unique is that the Applicant's husband is a bodygudrd for Queen Elizabeth II. This particular case **has highlighted the strict approach taken by the Home Office and the uncertainty around Permanent Residence for EU Citizens once the UK departs from the EU. It is advised that EU nationals should consider applying for **Permanent Residence early rather than later so that they can possiblly benefit and apply for the proposed new Settled Status Document.* ## Current Permanent Residence for EU Citizens Requirements EU citizens currently living in the UK exercising their Treaty rights do not need a document to confirm their residence status unless they want to apply for British citizenship  or sponsor a partner’s visa application. Under the UK's immigration law, the EU applicant must provide evidence of being a qualified person for 5 years, which means they are one of the following: - a worker; - a student; - self-employed; - self-sufficient; or - a job seeker. The EU citizen must remain a qualified person continuously for [5 years](https://www.gov.uk/eea-registration-certificate/permanent-residence) before applying for settlement. There are accelerated settlement routes of 2 years and 3 years in certain circumstances. An EU citizen who wishes to apply for British citizenship can immediately apply after obtaining a [Permanent Residence document](https://immigrationandvisasolicitors.co.uk/eea-family-permits-eea-residence-cards/) provided they have resided in the UK for 6 years. ## Marital Status of the EU Citizen Applying for Permanent Residence in the UK It is understandable that the wife of the Queen’s bodyguard who was recently refused settlement recently was disappointed by the refusal, as she found out that being married to a British national carries no weight to her Permanent Residence application. The marital status of the EU Applicant for settlement is not a relevant factor in applying for EU settlement. This is anti-intuition. Unlike applications based on family relationships, such as the spouse visa or a family member of a qualified EU citizen, in this instance, being married to a British national has nothing to do with her settlement application. An EU citizen can apply for British citizenship with the Permanent Residence document, provided the following conditions are satisfied: - They have lived in the UK for at least 3 years before applying; - They spent no more than 270 days outside the UK during those 3 years; - They spent no more than 90 days outside the UK in the last 12 months; and - They have not broken any immigration laws while in the UK. One exception to the absence rule is that the EU applicant is living abroad with their British national partner who works abroad for the UK government or an organisation closely linked to Government. ## The New Scheme of Settled Status for EU Citizens The current Permanent Residence document will cease to be valid post-Brexit. A new scheme for the settled status of EU citizens in the UK will be revealed later this year. The benefit of obtaining the permanent residence document sooner rather than waiting to apply under the new scheme is that it is free to convert the existing permanent residence document under the new settled status scheme. It is advisable to apply for the Permanent Residence document and convert it to settled status free of hassle, rather than to wait and see whether you meet the new requirements for the settled status. ## Using Legal Representation to make a Permanent Residence for EU Citizens Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Permanent Residence for EU citizens application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application for Permanent Residence succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Permanent Residence for EU citizens application meets the requirements. ## Successful Permanent Residence for EU Citizens Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your application for Permanent Residence for EU citizens before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Settled Status application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful a successful application for Permanent Residence. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Case Study- Khan v SSHD – Right of Appeal for Extended Family Member Source: https://immigrationandvisasolicitors.co.uk/khan-extended-family-member/ *The Upper Tribunal delivered a controversial judgement in [Sala (EFMs: Right of Appeal ) [2016] UKUT 411 (IAC)](http://www.bailii.org/uk/cases/UKUT/IAC/2016/411.html). In this landmark case, the Upper Tribunal held that there is no Statutory Right of Appeal against the Secretary of State’s decision not to grant an EEA Residence Card to the Extended Family Member of an EEA national. However, the contentious decision in Sala was overturned by the Court of Appeal in *[*Khan v Secretary of State for the Home Department* [2017] EWCA Civ 1755](http://www.bailii.org/ew/cases/EWCA/Civ/2017/1755.html). It has been confirmed that it may be possible to appeal a Home Office decision as an Extended Family Member to the First Tier Tribunal. ## The Facts in Khan – Application for EEA Residence Card as Extended Family Member The Applicant was a Pakistani national who had applied for an EEA Residence Card as the Extended Family Member of an EEA National. At the time of his application, Mr Khan relied on his relation with his uncle who was a German national exercising Treaty Rights in the UK.  Mr Khan submitted ample evidence showing that he was an Extended Family Member under the EEA Regulations. Mr Khan’s application was refused by the Secretary of State as she refused to accept that Mr Khan was dependent on his uncle, therefore, could not be considered to be an Extended Family Member. Mr Khan appealed to the First Tier Tribunal and his appeal was allowed. However, the Secretary of State appealed to the Upper Tribunal. The Upper Tribunal held that it had jurisdiction to hear the appeal as following the decision in Sala. The matter was then referred to the Court of Appeal. ## Judgement in Khan – Can an Extended Family Member appeal? The Court of Appeal held that there are discretionary powers conferred on the Ministers of the Crown and these should not be used arbitrarily and where the exercise of power is not used in accordance with the law it will be quashed by the courts. In particular, Lord Justice Longmore held: > “A litigant who is the subject of such a decision has an entitlement to an adjudication to that effect; at the very least, a decision by the Secretary of State not to issue a residence card is a decision which “concerns … a person’s entitlement to be issued with … a … residence card” even if it is a decision taken in pursuance of a discretion conferred on the Secretary of State”… If “that something” is a decision which is not “according to law” a claimant has an entitlement to relief or, at the very least, that decision is a decision that concerns an entitlement to the object sought to be obtained – here a residence card. As such, the Secretary of State's decision to refuse Mr Khan a residence card, is, in my view, an EEA decision and can therefore be appealed in the ordinary way to the First Tier Tribunal.” More importantly, it was held that an appeal before the Tribunal is a preferable procedure in this context to a Judicial Review Claim. The Court of Appeal judgement can be found at: [Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755 LEXVISA Solicitors London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2018/01/Khan-v-Secretary-of-State-for-the-Home-Department-2017-EWCA-Civ-1755-LEXVISA-Solicitors-London.pdf) ## What does this mean for an Extended Family Member? Previously, due to the decision in [Sala](http://www.bailii.org/uk/cases/UKUT/IAC/2016/411.html) the only remedy available for an Extended Family Member to challenge an erroneous Home Office decision was by way of Judicial Review.  Judicial Review applications can be very costly and should only be made as a last resort.  However, there is good news for an Extended Family Members following the decision in Khan, it has been confirmed that it may be possible to appeal a Home Office decision as an Extended Family Member to the First Tier Tribunal. ## Using Legal Representation to submit a successful Extended Family Member appeal Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an appeal as an Extended Family Member of an EEA national. Our solicitors and Barristers will help you comply with the tribunal requirements/directions. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. If your application has been erroneously refused, our solicitors and barristers will ensure your appeal as an Extended Family Member has the best prospects of success. The UK Immigration Rules are complex and a legal representative can help ensure that your appeal as an Extended Family Member meets the Rules. ## Successfully submit an Extended Family Member appeal Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an Extended Family Member appeal before your appeal even reaches the Tribunal. We can assist you with the preparation and submission of an Extended Family Member appeal and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications and appeals. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an Extended Family Member appeal. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Certification of Human Rights Claim: Kiarie and Byndloss Deportation Appeal Case Study Source: https://immigrationandvisasolicitors.co.uk/certification-of-human-rights-claim/ *The Supreme Court ruling in the cases of R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 focus on the issue of out-of-country appeals. Whilst both appellants were liable for deportation due to their criminal activity in the UK, it was held that the certification of human rights claim of the two appellants were based on a ‘legal misdirection’ as the Secretary of State had failed to recognise the potential interference with their Article 8 ECHR rights if they were to be deported.  * ## Background of Kiarie and Byndloss Mr Kiarie is a Kenyan national who came to the UK with his family aged 3 and had been settled in the UK since 2004. Mr Byndloss, of Jamaican nationality, had been settled in the UK since the age of 21 and had a wife and 8 children here. Mr Kiarie and Mr Byndloss (“the appellants”) both received deportation orders because of their convictions for drug offences in the UK. The Secretary of State rejected claims that deporting the appellants would breach their right to respect to private and family life under Article 8 ECHR. The Secretary of State exercised her powers of certification which meant that the appellants were given an out-of-country right of appeal. This is because it is against public good to allow foreign criminals to remain in the UK; however the certification of human rights claim should only occur in cases where there is no risk of serious and irreversible harm to the appellant. ## Certification of Human Rights Claim The Secretary of State has [certification powers](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/635609/Certification-under-section-94B-v8.pdf) under section 94 of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”). The Secretary of State may certify a protection claim or human rights claim as clearly unfounded and the burden falls on the Secretary of State to establish the potential interference of the certification of human rights claim on the appellants Article 8 ECHR rights and that the deportation strikes a fair balance between those Article 8 ECHR rights and the interests of the community. Before an appeal can be considered, the appellant must prove some or all of the following compelling circumstances: - the depth of the appellant's integration in UK society in terms of family, employment and otherwise; - the quality of his relationship with any child, partner or other family member in the UK; - the extent to which any relationship with family members might be reasonably sustained after the deportation; - the impact of his deportation on the need to safeguard and promote the welfare of any child in the UK; - the likely strength of obstacles to his integration in the society of the country of nationality; and - any significant risk of re-offending in the UK. ## Judgment of Kiarie and Byndloss There are procedural and substantive rights of the appellant that were considered. It was determined that the Secretary of State had not properly considered the appellants Article 8 ECHR rights when certifying their human rights claims. She claimed that the removal of the appellants pending their appeals would be "*proportionate in all circumstances"*, yet if the appellants were to be deported, it is obvious that there would be very significant obstacles as to the reintegration in their national countries and other compelling factors which are mentioned above. In regard to the appellants procedural rights, the Secretary of State said that if necessary, the appellants could give evidence during their appeals via video link to the court and provide a written statement if they were to make their appeals out of country. However, the cost and arrangement of the projection and audio equipment for the hearing would fall to the appellant, which can be seen as disproportionate. Taking into account these considerations, the Court allowed the appellant’s appeals and the certification of human rights claim were quashed. The full judgement can be found here: [R (Kiarie and Byndloss) v SSHD [2017] UKSC 42 | LEXVISA Immigration Solicitors London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2017/06/Kiarie-and-Byndloss-v-SSHD-2017-UKSC-42.pdf) ## Using Legal Representation to Appeal a Certification of Human Rights Claim Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an out of country appeal a deportation order. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Appeals against a Certification of Human Rights Claim Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are located in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Interest Increasing in UK Tier 2 Work Visa Applications Source: https://immigrationandvisasolicitors.co.uk/uk-tier-2-work-visa-applications/ *In recent years the United Kingdom has become one of the top destinations for overseas workers. The [Tier 2 Work visa](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/673762/Tier_2_Policy_Guidance_01_2018__2_.pdf) allows non-EEA national workers to come to the UK to work and potentially benefit from settlement status if they can meet the Indefinite Leave to Remain requirements under the Immigration Rules. Applicants often switch into this popular visa category from other visa categories such as a switch from a Tier 4 Student visa to the Tier 2 Work visa.  * ## Applying for a Tier 2 Work Visa The purpose of the [Tier 2 Work visa](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/673762/Tier_2_Policy_Guidance_01_2018__2_.pdf) is to allow skilled migrant workers to come to the UK to fill the gap in the UK workforce. In order to apply for a Tier 2 Work visa you must be able to show the following: - The job title you are applying for must be at least skilled to NQF level 6 on the list of occupations; - You have obtained a job offer in the UK from a registered Tier 2 Employer who holds a valid Tier 2 Sponsor Licence; - The job offer must meet the minimum salary requirement; - You must be able to accommodate and maintain yourself in the UK by showing you have access to at least £945; - You must have passed an English language test (unless you are exempt); - The Tier 2 Employer must be able to show that there is a genuine need for the skilled migrant worker and that the vacancy cannot be filled by a settled worker in the UK. In order to meet this requirement employers must pass the Resident Labour Market test; and - Before you can apply for the Tier 2 Work visa your employer must issue you with a Certificate of Sponsorship (CoS). These are the main requirements for a Tier 2 Work visa. Our specialist immigration team is ready to meet with you to consider the eligibility requirements for a Tier 2 work visa. Our solicitors can also consider with you whether you will need to apply for Entry Clearance or whether you can apply within the UK. ## Benefits of applying for a Tier 2 Work Visa A key attraction for Applicants applying for a Tier 2 Work visa is that they can apply to have their dependents join them in the UK. Another attraction is that Applicants can apply to extend their visa and following this can apply for Indefinite Leave to Remain in the UK. After holding Indefinite Leave to Remain for one year Applicants can then apply for a British passport by way of Naturalisation. ## Switching to a Tier 2 Work Visa Applicants can switch to the Tier 2 Work visa within the UK if they are already on a Points Based System visa. A popular switching visa category is switching from a Tier 4 Student visa to Tier 2 work. The main advantages of switching from Tier 4 Student to Tier 2 Work visa is that: - The employers are not required to conduct a Resident Labour Market Test; - The employers are not required to pay the [Immigration Skills Charge](https://web.archive.org/web/20190320133004/https://immigrationandvisasolicitors.co.uk/new-immigration-skills-charge-tier-2/); - Applicants can make the application within the UK and are not required to apply for Entry Clearance; - Applicants can use their degree to meet the English language requirement; and - Applicants may be able to benefit from settlement status in the UK. ## Using Legal Representation to submit a successful Tier 2 Work Visa application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 2 Work Visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 2 Work Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 2 Work Visa application meets the Immigration Rules. ## Successfully submit Tier 2 Work Visa application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 2 Work Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Tier 2 Work Visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 2 Work Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)   --- # Continuing Unannounced Compliance Raids on Tier 2 Sponsor Licence Businesses Source: https://immigrationandvisasolicitors.co.uk/unannounced-compliance-raids/ *The UK’s Hostile Environment Policy for immigrants in the UK is showing no sign of easing as the crackdown on illegal working in the UK continues. We have previously written about the Home Office’s unannounced compliance raids on businesses with a Tier 2 Sponsor Licence and this week it has been reported that several businesses across England and Wales have been raided due to concerns of illegal working. It is therefore imperative that Tier 2 Sponsor Licence holders comply with the UK Visas and Immigration and Home Office guidelines and carry out the appropriate right to work checks for all employees.* ## Recent Unannounced Compliance Raids on Tier 2 Sponsor Licence Businesses This week there have been numerous reports of unannounced Home Office compliance raids on businesses with a Tier 2 Sponsor Licence across England and Wales due to suspected illegal working taking place. 4 people have been arrested after Immigration Enforcement Officers raided two nail shops in Worthing, whilst 6 businesses in Wales, including a restaurant in Cardigan, face up to £140,000 in penalties. The head of the Kent and Sussex Immigration Enforcement team has stated that; > *“we are happy to work with businesses to explain the simple pre-employment checks needed to establish a person’s right to work in the UK, but to those who choose to ignore the rules the message is clear – we will find you and you will face a heavy financial penalty”.* Therefore it is wise to ensure that all Tier 2 Sponsor's are compliant with their duties. Our team of solicitors and Barristers can assist with preparing for a Home Office unannounced compliance raids. Our specialist immigration team can carry out mock Home Office compliance checks and also prepare a tailored and comprehensive guide for the Tier 2 employers on successfully satisfying the requirements for staying compliant to Tier 2 Sponsor Licence duties**.** ## Tier 2 Sponsor Licence Holder Duties Tier 2 Sponsor Licence Holders have certain [record-keeping and reporting responsibilities](https://www.gov.uk/government/collections/sponsorship-information-for-employers-and-educators) in regard to hiring migrant workers. Employers are required to keep records of their worker’s identification documents and employment contracts and carry out regular [right to work checks](https://immigrationandvisasolicitors.co.uk/right-to-work-uk/). Any changes with their workers’ immigration and employment status must be reported immediately to the Home Office. Under the Immigration Act 2016, if an employer has ‘*reasonable cause to believe*’ that an employee does not have a right to work in the UK because of their immigration status and they fail to act accordingly, then it is even easier to find an employer liable for this offence. ## Failure to Comply with Tier 2 Sponsor Licence Duties It is widely reported that the UK’s [Hostile Environment Policy](https://immigrationandvisasolicitors.co.uk/hostile-environment-policy/) is designed to get rid of as many migrants in the UK as possible in order to reach Theresa May’s net migration target of less than 100,000. Due to this current climate, it is essential that Tier 2 employers are especially sure that they are compliant with their Tier 2 Sponsor Licence duties. If the Home Office discovers that a Tier 2 Sponsor has failed to carry out their duties and carrying out regular right to work checks, employers could face a civil penalty of £20,000, receive a possible custodial sentence of up to 6 months and/or be made to pay an unlimited fine and Immigration Enforcement Officers will have the power to close the premises for up to 48 hours. Moreover, it is increasingly common that the Tier 2 migrant worker will be deported back to their home country and given a 10-year ban from re-entering the UK if they are found to have no right to work or even be in the UK. This is why it is important for Tier 2 workers to have a valid Tier 2 work visa. ## Using Legal Representation to Overcome Unannounced Compliance Raids Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to ensure you understand your duties and responsibilities of being a Tier 2 Sponsor Licence Holder and help you ensure that your business is and remains compliant with all immigration requirements. Our immigration solicitors can help you conduct ‘mock immigration audits’ to help identify any potential issues which could be resolved before a ‘surprise’ UKVI Compliance Audit. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Overcome Unannounced Compliance Raids [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [Our offices are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Students encouraged to apply for a Tier 1 Graduate Entrepreneur visa application Source: https://immigrationandvisasolicitors.co.uk/tier-1-graduate-entrepreneur-visa/ *The [Tier 1 Graduate Entrepreneur](https://www.gov.uk/tier-1-graduate-entrepreneur-visa) visa gives maximum freedom to university graduates or undergraduate students to start a business in the UK so that they can profit from their innovative business ideas which enrich and add to the British economy. Applicants may apply for a Tier 1 Graduate Entrepreneur visa by switching into this category within the UK or alternatively, Applicants can apply for entry clearance from outside the UK. * ## Who should apply for the Tier 1 Graduate Entrepreneur Visa The Tier 1 Graduate Entrepreneur visa category allows university graduates to stay in the UK after their graduation so that they can establish at least one business in the UK, provided they can meet the Immigration Rules. Applicants are required to demonstrate an innovative idea and entrepreneurial skills to implement an idea with a specific endorsement. This is the best route for students who want to work on their own innovative ideas in the UK and wish to add to the British economy. ## Requirements for the Tier 1 Graduate Entrepreneur Visa The Tier 1 Graduate Entrepreneur visa category is a points-based system application under the Immigration Rules and Applicants must obtain 95 points for a successful application. The 95 points are further broken down into 3 separate categories. Applicants must obtain 75 points for attributes, 10 points for the English language requirement satisfied in all applications where an Applicant has a UK undergraduate or Masters degree) and 10 points for maintenance requirement (must show £945 personal savings). In the Tier 1 Graduate Entrepreneur visa category the main requirement which Applicants often struggle to satisfy is the 75 points for attributes. To secure 75 points for the attributes Applicants must meet the following conditions: - An endorsement by a UK Higher Education Institution (HEI) or the UK Trade and Investment (DIT) (25 points); - The endorsement must confirm all of the following: (25 points) the business sector or business intended; - the applicant has a genuine, credible and innovative business idea; - the applicant will spend the majority of their time working on developing the said business; and - on the extension of the Tier 1 Graduate Entrepreneur visa, it must also show that the applicant has made satisfactory progress in developing the said business since the last leave was granted; and - A degree qualification which is at the level of a Bachelor’s degree in the UK or above that level (25 points); and In summary, the Applicant must be endorsed by HEI or DIT, must have innovative business ideas, and must intend on establishing and running a business in the UK after their graduation and make satisfactory progress if the applicant wishes to extend the visa. ## Benefits for Applicants applying for the Tier 1 Graduate Entrepreneur visa The main attraction of the Tier Graduate Entrepreneur visa category is that there is no investment, sponsorship or earning requirement for starting a business in the UK, provided the applicant can earn all 95 points mentioned above. Under the Tier 1 Graduate Entrepreneur visa, Applicants can apply to bring their direct family members to the UK, apply to extend the Tier 1 Graduate Entrepreneur visa once, and then switch into another visa category thereafter. The graduate applicant will be granted leave under the Tier 1 Graduate Entrepreneur visa for 12 months initially, and on extension be granted leave for another 12 months. After one extension under the same category, the graduate may apply to switch into the Tier 1 Entrepreneur visa and be granted 3 years’ leave. After the applicant lawfully stayed in the UK for 5 years, they can apply for settlement. ## Using Legal Representations to Apply for the Tier 1 Graduate Entrepreneur In order to adequately evidence the aforementioned criteria and to ensure that your application is processed without delay, you should ensure that you compile all supporting documents meticulously in accordance with the Immigration Rules. Not being able to submit specified documents or failing to highlight them can result in your application being refused. Not only does this mean that you may have to make a fresh application and pay the Home Office fees again; it may also mean that you will have an ‘adverse immigration history’ in light of your refusal. This may significantly lengthen the time that the Home Office will take in processing any future applications that you make. Hence, it is often more beneficial to instruct experienced immigration lawyers to assist you in your Tier 1 Graduate Entrepreneur visa application. ## Successful Tier 1 Graduate Entrepreneur Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 1 Graduate Entrepreneur visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Tier 1 Graduate Entrepreneur visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Interest growing in the popular Tier 5 Youth Mobility Scheme visa Source: https://immigrationandvisasolicitors.co.uk/tier-5-youth-mobility-scheme-visa/ The [Tier 5 Youth Mobility Scheme](https://www.gov.uk/tier-5-youth-mobility) visa has replaced the former UK Working Holiday Visa Programme. The purpose of Tier 5 Youth Mobility Scheme visa is to provide an opportunity for young and ambitious people aged from 18 to 30 to come and experience life in the UK. The Tier 5 Youth Mobility Scheme visa allows young people from the participating countries to live and work in the UK temporarily for a maximum period of two years. ## Requirements to apply for a Tier 5 Youth Mobility Scheme visa Applicants who wish to apply for a visa under the [Tier 5 Youth Mobility Scheme](https://www.gov.uk/tier-5-youth-mobility) must satisfy paragraph 245 of the Immigration Rules. Applicants must also be familiar with the UKVI Home Office Policy and Guidance. In order to successfully apply for a visa under the Tier 5 Youth Mobility Scheme Applicants must meet the following requirements: - Applicants must not fall under the General Grounds of Refusal; - Applicants must be a national of one of the participating countries under Appendix G to the Immigration Rules or be a British Overseas Citizen, British Overseas Territories Citizen or British National (Overseas) under the definition provided by the British Nationality Act 1981; - Applicants must want to live and work in the UK for up to 2 years; - Applicants must be aged 18 to 30 and must have at least £1890 in cash savings. In order to discuss the requirements for a Tier 5 Youth Mobility Scheme visa in greater detail, Applicants can contact us for a comprehensive consultation on the Tier 5 Youth Mobility Scheme visa requirements. ## Participating Countries in the Tier 5 Youth Mobility Scheme visa There are currently 8 countries participating in the Tier 5 Youth Mobility Scheme visa. Tier 5 Workers from Australia, Canada, Japan, Monaco, New Zealand, Hong Kong, Republic of Korea and Taiwan can all apply for this visa. However, workers from Hong Kong, Republic of Korea and Taiwan must take extra steps and must first apply for sponsorship from their government prior to making an application to the UK Visas and Immigration department of the Home Office. Individuals can also apply if they are a British overseas citizen, British overseas territories citizen or British national (overseas) citizen. It is important to note that the Tier 5 Youth Mobility Scheme visa is closed to Applicants who have previously been granted a Tier 5 Youth Mobility Scheme visa or a visa under the former UK Working Holiday Visa Programme. These Applicants will need to apply for an alternative route to enter the UK. ## Do’s and Don’ts under the Tier 5 Youth Mobility Scheme visa As mentioned above this visa allows successful Applicants to come and work or live in the UK for a period of two years and are not required to apply for a Tier 2 Work visa. Under the [Tier 5 Youth Mobility Scheme](https://www.gov.uk/tier-5-youth-mobility) Applicants can study for some courses but in some circumstances, Applicants may need to apply for an Academic Technology Approval Scheme Certificate. The key attraction about the Tier 5 Youth Mobility Scheme visa is that Applicants can work in most jobs without the need of Tier 2 Sponsorship. Applicants can set up their own business but must comply with the restrictions imposed on them. Applicants cannot apply to bring their family members with them as their dependents under the Tier 5 Youth Mobility Scheme. In fact, Applicants with family members who depend on them or live with them are not eligible to apply. Further, Applicants cannot extend their stay (the period of the grant is two years only) and they cannot work as professional sports people or in the medical field. Lastly, Applicants on the Tier 5 Youth Mobility Scheme visa cannot apply for to access public funds. ## Using Legal Representation apply for a Tier 5 Youth Mobility Scheme visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct immigration and visa legal representatives to apply for a visa under the Tier 5 Youth Mobility Scheme in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 5 Youth Mobility Scheme visa, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 5 Youth Mobility Scheme visa meets the Immigration Rules. ## Successfully apply for a Tier 5 Youth Mobility Scheme visa [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 5 Youth Mobility Scheme application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Tier 5 Youth Mobility Scheme visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful Tier 5 Youth Mobility Scheme visa. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # EEA Immigration in post-Brexit Britain Source: https://immigrationandvisasolicitors.co.uk/eea-immigration-uk/ *As we move towards the deadline set by the UK Parliament for exiting the European Union, European Economic Area nationals, commonly referred to as European Union (EU) nationals should be aware of how this change may affect them. As most EEA/EU nationals may already be aware, the UK will be leaving the EU on Friday, 29th March 2019 and EEA Immigration in the UK will change. This is subject to the UK and the EU vacating this date which must be agreed by all the remaining Members States of the EU. For the purpose of clarity the EEA includes EU countries as well as Norway, Iceland and Liechtenstein who are part of the European Free Trade Association (EFTA). Switzerland is however not in the EU or EEA but its citizens enjoy the same rights as citizens of EEA countries.* ## What is the current position of EEA Nationals and their non–EEA Family Members before the UK exits the EU? The position in relation to EEA nationals and their non–EEA Family Members resident in the UK on or before 29th March 2019 is largely clear. This category of EEA migrants includes those who would have been here for up to 5 years before 29th March 2019 and those resident here for less than 5 years. It is important to stress from the onset that EEA nationals must satisfy two main requirements. Firstly, they must be exercising “Treaty Rights” and secondly they must be resident in the UK. EEA nationals exercising Treaty Rights are referred to as “Qualified Persons”. Qualified persons include EEA nationals who are Workers, Self – Employed persons, Self–Sufficient persons and Students. It is very important to note that EEA nationals who are Self–Sufficient persons and Students will only be deemed to be Qualified persons if they hold European Healthcare Cover Insurance (EHIC). These two sub – categories must hold EHIC for the entire consecutive 5 year period to qualify for Permanent Residence. EEA migrants who have been exercising Treaty Rights for 5 continuous years and have been resident in the UK during this period will automatically acquire Permanent Residence and should apply for a document confirming they have Permanent Residence. Those who have not been resident in the UK for up to five years should apply for a document certifying their residence known as a Registration Certificate. [Non–EEA Family members](https://www.gov.uk/family-permit) who have been resident with their EEA Family Member may also apply for Permanent Residence if they have been in the UK for a period of up to five years or a Residence Card if not. Non–EEA Family Members will only be able to make a successful application for either of these documents if their EEA Family member has remained a Qualified Person for the relevant period, whether this is for a period of 5 years or less. EEA nationals and their non–EEA Family Members will still be able to apply for Permanent Residence after 29th March 2019 (post-Brexit) after they have completed the five year period. ## What rights will EEA Nationals and their non–EEA Family Members if they arrive in the UK after 29th March 2019? The position in relation to EEA nationals and their non–EEA Family Members post 29th March 2019 is still evolving and remains the subject of negotiation between the UK and EU. The Transition period which commences once the UK leaves the EU should end on 31st December 2020. The UK Government has however stated in a policy document published on 28th February 2018 that EEA nationals and their non–EEA Family members will be able to enter and remain in the UK on the same terms as they currently enjoy until the end of the transition period. ## What should I do if I am an EEA national currently resident in the UK? EEA nationals and their non–EEA Family members will be subject to a Registration Scheme in due course, however it is advisable for them to apply for documents confirming their exercise of Treaty Rights before the mandatory scheme is required. In others words they should take steps to obtain documents Certifying their Residence in the UK and Permanent Residence as the case maybe. Their dependents should also obtain Residence Cards. The benefits of doing so now are that they will be in a position to confirm that they have been in the UK prior to the cut - off date in March 2019. This will make it easier to provide evidence regarding their Immigration status when a compulsory scheme is introduced post-Brexit. For those who have been here for five years they should apply for a document confirming they have Permanent Residence which is a stepping stone to British citizenship that can be applied for 1 year after being deemed to have held Permanent Residence. ## Using Legal Representation to Make an EEA Immigration Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK EEA Immigration application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK EEA Immigration application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK EEA Immigration application meets the necessary requirements. ## Successful EEA Immigration Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK EEA Immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK EEA Immigration application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful EEA Settled Status Document application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Success Story: British Citizenship Application Granted Source: https://immigrationandvisasolicitors.co.uk/success-story-british-citizenship/ *Our team of expert solicitors recently received some wonderful news that a client (the Applicant) had been granted *[*British Citizenship*](https://www.gov.uk/becoming-a-british-citizen)*. The basis of our client's application was that she was a minor who was born before 1 July 2006 to a British Citizen father. We had previously successfully applied for Entry Clearance for the Applicant’s mother as a Tier 1 Investor migrant. Upon instruction, our specialist immigration team successfully prepared the application and received a decision on the application before the 6 months standard processing time. In fact, in this particular case, the Applicant received a decision within 4 weeks from the date her application was submitted.  * ## British Citizenship Application: Background The Applicant was a dual national of Ireland and Canada. The Applicant had regularly visited the UK and had also studied in the UK. The Applicant now wished to apply for registration as a British Citizen. It is worth noting that if the Applicant’s parents had been married at the time of her birth she would have automatically acquired British Citizen by descent. However, as the Applicants parents were unmarried at the time of her Birth she had to make an application under the British Nationality Act 1981. ## How we can assist with submitting a successful British Citizenship Application In this particular case, the client had informed our team that she would like to submit her application as strong as possible but without delaying the case. Our Solicitors prepared a bespoke documents list outlining all the mandatory documents required for a successful application. Our solicitors successfully guided the Applicant through the application process and prepared legal representations, which directly tackled all the issues, involved in the Applicant’s application and highlighted how the Applicant met the UK immigration rules. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her documents to ensure that Applicant submits the correct documentary evidence in the correct format meeting the Home Office’s requirements. ## Eligibility for a British Citizenship Application on the basis of being born before 1 July 2006 to an unmarried British Citizen father In order to submit a successful British Citizenship Application on the basis of being before 1 July 2006 to an unmarried British Citizen father the following requirements must be satisfied: You can register as a British citizen if you: - were born before 1 July 2006 - would have become a British citizen automatically if your parents had been married - are of ‘good character’ - see the guidance form UKF for details Those wishing to apply for British Citizenship should consult with a member of our expert immigration team so we can consider the eligibility criteria and explore whether they meet the requirements. ## Using Legal Representation to Submit a British Citizenship Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a British Citizenship Application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK British Citizenship Application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your British Citizenship Application meets the Immigration Rules. ## Successful British Citizenship Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your British Citizenship Application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Promising changes to Immigration Rules for Tier 1 Exceptional Talent Visa Source: https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-lexvisa/ On 7 December 2017, the Home Office introduced its latest Statement of Changes (HC309) to the Immigration Rules. The changes took effect on 11 January 2018. As anticipated there are encouraging signs for Applicants searching for visa routes under the Point Based System (PBS). In an attempt to drive high net worth individuals to the UK the Home Office has made positive changes to the Immigration Rules relating to business-related applications such as the Tier 1 Exceptional Talent visa. ## Appreciating overseas Talent under the Tier 1 Exceptional Talent The Tier 1 Exceptional Talent visa was specifically introduced to attract exceptionally talented individuals to the UK and it has instantly gained popularity. The Tier 1 Exceptional Talent visa is broken down into two stages (Endorsement application and then the UKVI Immigration Application). To successfully apply for the Tier 1 Exceptional Talent visa you must first be able to demonstrate that: - You are a recognised or emerging leader in one of the following; Science, Engineering, Humanities, Medicine, Digital Technology or Art; and - You have been endorsed by a Designated Competent Body (DCB). To receive an endorsement accepted by the Home Office, an application must be made to the relevant DCB with a large number of support documents. It is important to note that an endorsement application is not an immigration application and therefore a refused endorsement does not affect any future immigration application. Every DCB has its [own set of criteria](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-l-tier-1-competent-body-criteria) on how to obtain a successful endorsement but in simple terms, Applicants must show that they: - Have made significant contribution and are considered a leader in their particular field; and - Normally Applicants will be required to prove their excellence by internationally recognised awards and notable achievements. When considering whether you are at an appropriate endorsement level, the Designated Competent Body will take into consideration your career history, the strength of the supporting statements in letters of recommendation, international standing, expected benefits of your presence in the UK, and a wide variety of relevant factors. The Second stage to a successful Tier 1 Exceptional talent visa application is the Immigration Application. ## Positive Changes in the Tier 1 Exceptional Talent Visa Route In an attempt to encourage exceptionally talented individuals outside the European Union to come to the UK under the Tier 1 Exceptional Talent visa the Home Office has made two significant changes to the Immigration Rules. The changes are in relation the initial allocation quota and settlement benefits. The following amendments can be found in the Statement of Changes to the Immigration Rules (HC309): - The Home Office has recognised the increase in interest in Tier 1 Exceptional Talent visa category and has doubled the number of places available to 2,000 places per allocation. 1000 endorsements will be unallocated whilst the other 1000 places will be allocated to the Designated Competent Bodies such as Tech City UK, Arts Council, The Royal Society, The British Academy and the Royal Academy of Engineering. - The second major change to the Immigration rules is regarding settlement status in the UK. Previously Applicants were able to settle in the UK after 5 years of holding the Tier 1 Exceptional Talent visa but now the Home Office has differentiated this category further by Introducing the possibility of applying for accelerated settlement. Applicants who are recognised and endorsed as “exceptionally talent” can apply for accelerated settlement in the UK after 3 years however Applicants endorsed as someone with “exceptional promise” will need to apply under the normal 5-year route to settlement in the UK. To read the Statement of Changes to the Immigration Rules (HC309) in full please click [Statement of Changes In Immigration Rules.](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2018/01/Statement-of-Changes-In-Immigration-Rules.pdf) ## Using Legal Representation to submit a successful Tier 1 Exceptional Talent Visa application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 1 Exceptional Talent Visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Exceptional Talent Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 1 Exceptional Talent Visa application meets the Immigration Rules. ## Successfully submit a Tier 1 Exceptional Talent Visa application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 1 Exceptional Talent Visa application before your application even reaches the Home Office UK Visa & Immigration department. Our firm can assist you with the preparation and submission of a Tier 1 Exceptional Talent Visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 1 Exceptional Talent Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Home Office Document Return Service for British Nationality Applications Source: https://immigrationandvisasolicitors.co.uk/british-nationality-applications/ *The Home Office Document Return Service for British Nationality applications allows Applicants and their family members to retain their documents whilst the online application for British Nationality is being processed. Using the Home Office Document Return Service does not guarantee successful applications for British Citizenship. The responsibility is on the Applicant to ensure that they have met all of the requirements and have provided the relevant documentation in support of the application. LEXVISA Immigration Team are highly experienced in preparing successful British Nationality applications, and are happy to arrange a consultation with a solicitor in order to discuss each individual’s matter further.* ## Home Office Document Return Service for British Nationality Applications The Home Office Document Return Service for British Nationality applications allows Naturalisation Applicants and their family members to keep their documents while the online British Nationality application is being processed. Applicants need to take their original supporting documents to a participating local authority for photocopying, so that the local authority can then send the copies of the original documents to the Home Office. Only Applicants who apply for British Citizenship online can use  The Home Office Document Return Service, Applicants who apply using the paper form by post are not eligible for this service and must send all of their original documents to Sheffield for processing. There are 52 local authorities across the UK which offers this document return service for British Nationality applications. The full list of local authorities participating in the Home Office Document Return Service for British Nationality applications can be found on the [Home Office website](https://www.gov.uk/government/publications/nationality-document-return-service-england/england-nationality-document-return-service). ## General Requirements for British Nationality Applications In order to make an application to naturalise as a British citizen, individuals must have held Indefinite Leave to Remain for at least 12 months. There are different routes through which someone can make a successful British Nationality application, and each one has specific requirements that Applicants will need to meet. Knowing the [applicable route](https://web.archive.org/web/20170426014947/https://immigrationandvisasolicitors.co.uk/british-naturalisation-application-routes/) and how to meet those requirements are the vital first steps for someone making a British Nationality application. Firstly, there is the ‘5 Years Qualifying Route’ for EEA nationals. Once 5 years of lawful residence in the UK has been completed and the Applicant has held [Indefinite Leave to Remain](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) for at least one year, they may then apply for British Nationality. There is also the ‘3 Years Qualifying Route’ for spouses of British Citizens who can apply for British Citizenship as soon as they have completed 3 years lawful residence in the UK and have Indefinite Leave to Remain. As well as those evidence requirements specific to their route of application, all applicants for British Naturalisation are required to demonstrate that they meet the further requirements for good character, English language ability, and knowledge of British society and life. ## Using Legal Representation for British Nationality Applications Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to apply for British Nationality. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful British Nationality Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Number of UK Family Member Visas Granted Significantly Decreased in the past Decade Source: https://immigrationandvisasolicitors.co.uk/uk-family-member-visas/ *Relatives of British nationals, or individuals who are present and settled in the UK, may be eligible to apply to join that family member in the UK. However, due to the UK Government’s strict crackdown on immigration, figures highlight that the number of UK Family Member Visas that have been granted have significantly dropped over the past decade. This means that it is more important than ever to ensure that all UK Family Member Visa applications are prepared as strongly as possible, and it is advised that Applicants contact immigration specialists, such as LEXVISA’s Immigration Team, in order to prepare and submit such applications. * ## Decrease in the number of UK Family Member Visas granted Family members including children, spouses, unmarried partners and other dependants can apply to join or remain in the UK with their British national relative or relative who is present and settled in the UK. Over the past decade, [statistics](http://www.independent.co.uk/news/uk/home-news/children-and-partners-of-uk-nationals-granted-residency-plummets-a7943466.html) have revealed that the number of entry clearance applications for UK Family Member Visas that are granted has dropped by 46%. Even more shocking is that the number of settlement applications for UK Family Member Visas that have been granted has fallen by 73% since 2006. The Director of Migrant Voice has said that > *“the sharp drop-off in grants of settlement and entry clearance visas appears to indicate yet another challenge to those trying to build a normal family life in Britain […] and we have seen the rise of a wider set of ‘hostile environment’ practices aimed at making life difficult […] Family life has been the first target in this Government’s pursuit of an arbitrary, unachievable migration cap”. * Policy changes such as the rise in the minimum income requirement as well as an increase in Home Office fees are two key examples of the Government’s [Hostile Environment Policy](https://immigrationandvisasolicitors.co.uk/hostile-environment-policy/), in an effort to drastically reduce the UK’s net migration figure to less than 100,000. ## General Requirements for UK Family Member Visas Each UK Family Member Visa has a different set of requirements which need to be satisfied in order for it to be granted as the purposes for each visa will vary. Ultimately, all dependants of British citizens or whose relative is present and settled in the UK will need to satisfy the following requirements: - That they have a genuine connection to the British citizen or person who is present and settled in the UK; - That they can meet the financial requirement; - That they can be cared and accommodated for in the UK without recourse to public funds; and - They can meet the appropriate English Language Requirement. Family members will need to be aware of the specific requirements for the particular UK Family Member Visa that is appropriate before making any application to the Home Office. It is therefore important that family members seek the appropriate legal advice before preparing and submitting their entry clearance or further leave to remain application in order to remain with their relative in the UK. LEXVISA has prepared and submitted a high number of [successful applications](https://immigrationandvisasolicitors.co.uk/success/) for UK Family Visas so contact us today in order to book an initial consultation with one of our solicitors. ## Using Legal Representation for UK Family Member Visas Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make a UK Family Member visas application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully apply for UK Family Member Visas [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Brexit Update – Securing your future in the UK with a Settled Status Document Source: https://immigrationandvisasolicitors.co.uk/settled-status-document/ There is a hostile environment in the UK with growing concern amongst EEA nationals owing to the UK government’s reluctance to provide clear and transparent guidance on the future of EEA nationals post-Brexit. There have been some proposals of a new streamlined process in applying for a Settled Status Document but the mechanics and purpose of this document remain blurred. Due to the web of uncertainty looming it is best advised that EEA nationals in the UK secure their status by applying for EEA Permanent Residence. ## Preparing for the Settled Status Document The government has failed to provide sufficient information on the Settled Status Document document and the process of applying for one.  However, the Home Office has indicated that there will be a streamlined and cost-effective method in applying the Settled Status Document post-Brexit. Post-Brexit EEA nationals will need to apply for a settled or temporary residence document during the transitional period. As we understand, EEA nationals who are in the UK exercising Treaty Rights on 29 March 2019 but have not acquired 5 years will fall under the grace period. EEA nationals who fall under this grace period will be entitled to apply for a temporary status document. ## Converting EEA Permanent Residence Document into Settled Status Document EEA nationals who have successfully acquired Permanent Residence and hold a document certifying Permanent Residence in the UK will have an automatic entitlement to apply to switch into the Settled Status Document without having to meet any additional requirements. The settled status document will be governed by the Immigration Rules and not the relaxed EU Legislation. Therefore it is recommended that EEA nationals apply for Permanent Residence so that they can benefit from automatic qualification to the Settled Status Document. In order to apply for EEA Permanent Residence, you must be able to show that you have been exercising Treaty Rights in the UK for a continuous period of 5 Years. ## Using Legal Representation to Make an EEA Settled Status DocumentApplication Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an EEA Settled Status  Document application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your EEA Settled Status Document application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your EEA Settled Status application meets the Immigration Rules. ## Successful EEA Settled Status Document Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your EEA Settled Status Document application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your EEA Settled Status application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful EEA Settled Status Document application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Government plans to double the Immigration Health Surcharge (IHS) fee for migrants Source: https://immigrationandvisasolicitors.co.uk/plans-double-ihs-fee-uk/ *It has been announced today that the UK Government plans to double the Immigration Health Surcharge (“IHS)” fee that is paid by migrants who are coming to the UK for more than 6 months to access the treatment on the National Health Service (“NHS”). In order to determine whether you have to pay the IHS fee and how much you need to pay, contact our specialist Immigration Team to book a consultation and discuss the IHS fee and your UK visa application with our Solicitor.    * ## What is the IHS fee? The IHS was introduced by the Home Office on 6 April 2015 and applies to temporary, non-EEA migrants who are coming to the UK for more than 6 months. Payment for IHS is collected by the Home Office and goes directly to the NHS. Applicants applying online through the Premium Visa Service Centre will pay the IHS as part of the application when booking the Premium Visa appointment. For those applying by post, the IHS must be paid online before the application is submitted. The IHS reference number will need to be included in the application form and sent to the [Home Office](https://www.gov.uk/government/organisations/home-office). Applicants should bring their Biometric Residence Permit (“BRP”) with them when they access healthcare in the UK. ## Why is the UK Government planning to double the IHS fee? The IHS fee depends on the type of visa that the Applicant is applying for. Currently, the IHS fee for Tier 5 (Youth Mobility Scheme) (“YMS”) visa Applicants is £150 per year and for all other UK visa Applicants is usually £200 per year. The IHS fee is also applicable to all dependants applying with the main Applicant. The exact amount can be calculated by using the online IHS [calculator](https://www.immigration-health-surcharge.service.gov.uk/checker/type). However, Government Ministers have [today](http://www.telegraph.co.uk/news/2018/02/05/charges-migrants-use-nhs-will-double-raise-millions-health-service/) announced plans to increase the IHS fee for Tier 5 (YMS) visa Applicants to £300 per year and £400 per year for all other UK visa Applicants. The main reason for the hike in the IHS fee is to combat the rise of [‘Health Tourism’](https://fullfact.org/health/health-tourists-how-much-do-they-cost-and-who-pays/) in the UK. The Health Minister, James O'Shaughnessy, has said that; > *"Our NHS is always there when you need it, paid for by British taxpayers. We welcome long-term migrants using the NHS, but it is only right that they make a fair contribution to its long term sustainability."* Furthermore, by increasing the IHS fee, the UK Government says that an extra £220 million will be available to support the NHS, and this fee will better reflect the actual costs of migrants using the NHS. ## Who is exempt from paying the IHS fee? The following UK visa Applicants do not need to pay the IHS fee under the following circumstances: - Applying for a [visitor visa](https://www.gov.uk/browse/visas-immigration/tourist-short-stay-visas) or a visa valid for a period of 6 months or less; - Applying for Indefinite Leave to Remain; - If the Applicant is a diplomat or a member of a visiting armed forces and is therefore not subject to immigration control; - If the Applicant is a family member of a European national with [European Union treaty rights](https://www.gov.uk/apply-for-a-uk-residence-card/eligibility); - Applying for a visa for the Isle of Man or Channel Islands; - If the Applicant is a British Overseas Territory citizen resident in the Falkland Islands; - If the Applicant is an asylum seeker or applying for humanitarian protection; - If the Applicant or their dependant has been identified as a victim of human trafficking; - If the Home Office’s [domestic violence concession](https://www.gov.uk/government/publications/application-for-benefits-for-visa-holder-domestic-violence) applies to the Applicant or their dependant; and - If being made to leave the UK would be against the Applicant’s rights under Article 3 of the European Convention of Human Rights. If you are making a UK visa application and need advice regarding the UK's IHS fee, then contact LEXVISA Immigration Solicitors today and speak to a member of our Immigration Team. ## Using Legal Representation to submit UK Visa Applications with the IHS fee Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit your UK visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful UK Visa Applications with the IHS fee [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Tier 1 General Indefinite Leave to Remain route to close on 6 April 2018 Source: https://immigrationandvisasolicitors.co.uk/tier-1-general-indefinite/ As of 6 April 2018, the Tier 1 General Indefinite Leave to Remain category will be closed for Tier 1 Migrants. Applicants who fail to submit an application for Indefinite Leave to Remain by 6 April 2018 will have their right to settlement under the Tier 1 General route taken away from them. At this stage, it is not clear whether there will be an opportunity available for a Tier 1 General Indefinite Leave to Remain application for anyone who fails to submit an application due to exceptional and compelling circumstances. ## Background to Tier 1 General Category The Points Based System was introduced by the Labour government in 2008 to simplify and replace the longstanding Immigration system in the UK. The primary focus of the Points Based System was to focus and to create a new streamlined process for business visa applications to the UK. The Tier 1 General category replaced the Highly Skilled Migrant Program (HSMP).  Under the Tier 1 General Route Applicants could come to the UK to work for up to 2 years with the option of extending their leave. In April 2011 the Home Office closed the Tier 1 General and in April 2015 the Home Office closed extension route for Tier 1 General migrants. ## Apply for Tier 1 Indefinite Leave to Remain before cutting off point Applicants on a Tier 1 General visa who are entitled to apply for settlement before 6 April 2018 must act quickly and start preparing for their Tier 1 General Indefinite Leave to Remain application. To apply for Indefinite Leave to Remain, Applicants must meet the following criteria: - Must be a minimum of 18 years of age; - Must not have any spent or unspent criminal convictions; - Must meet the English language requirement; - Must pass the Life in the UK Test; - Must meet the continuous residence requirement and must not have access absences; and - Must meet the minimum earnings requirement. After 6 April 2018, The Home Office will be deleting the Tier 1 General Indefinite Leave to Remain category similar to what they have previously done in 2011 and 2015 with Tier 1 entry and extension applications. The Home Office is now closing the Indefinite Leave to Remain category for Tier 1 General migrants. ## What happens if you fail to apply for Tier 1 General Indefinite Leave to Remain before 6 April 2018? Tier 1 General Applicants who fail to secure their future by applying for Indefinite Leave to Remain in the UK by 6 April 2018 will lose their right to settlement under the Tier 1 General route. However, this does not mean Applicants cannot apply for settlement using a different visa category but it does mean that Applicants will have to their start their 5-year qualifying period again from zero. Applicants who do not apply for Indefinite Leave to Remain must switch into another visa category at the end of their Tier 1 General visa period. Failure to apply for Indefinite Leave to Remain or switch into another visa category will result in overstaying. The Home Office does not tolerate overstaying and will issue removal proceedings instantly. Therefore it is imperative for Applicants to apply for Indefinite Leave to Remain or apply to switch into another visa category such as Tier 1 Entrepreneur, Tier 1 Investor, Tier 2 Work or Tier 4 Student. ## Using Legal Representation to submit a Tier 1 General Indefinite Leave to Remain Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 1 General Indefinite Leave to Remain application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 General Indefinite Leave to Remain application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 1 General Indefinite Leave to Remain application meets the Immigration Rules. ## Successful Tier 1 General Indefinite Leave to Remain Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 1 General Indefinite Leave to Remain application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 1 General Indefinite Leave to Remain application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Tier 1 General Indefinite Leave to Remain application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Tier 2 Resident Labour Market Test Case Study: R (Khan) v Secretary of State for the Home Department [2018] EWHC 105 (Admin) Source: https://immigrationandvisasolicitors.co.uk/tier-2-resident-labour-market-test/ *The recent Judicial Review application of R (Khan) v Secretary of State for the Home Department [2018] EWHC 105 (Admin) (“R (Khan) v SSHD”) was dismissed after the judge upheld the Secretary of State’s decision to refuse the Claimant’s application for a Tier 2 Sponsor Licence on the basis that the Claimant had essentially failed to correctly carry out the Tier 2 Resident Labour Market Test when recruiting a Business Practice Manager. It is the responsibility of the Tier 2 Sponsor to correctly carry out the Tier 2 Resident Labour Market Test.* ## Tier 2 Resident Labour Market Test Case Study: Background to R (Khan) v SSHD The Claimant, a GP practice in West London, was granted a Tier 2 Sponsor Licence on 22 January 2015. From October to November 2015 the Claimant advertised online for a full time Business Development Manager, as per one of the requirements of the Tier 2 Resident Labour Market Test. The practice received a total of 40 application and 5 were then shortlisted for an interview. 3 of the 5 shortlisted candidates failed to turn up for the interview and as a result only 2 were interviewed. Both of these candidates were migrant workers. On 23 March 2016 the Claimant applied for a fresh Tier 2 Sponsor Licence and surrendered their existing one as UK Visas and Immigration (“UKVI”) advised the Claimant that the change in control of the partnership of the practice meant this had to be done. Following a visit from UKVI on 11 April 2016 however, the Claimant’s fresh Tier 2 Sponsor Licence application was refused on 13 May 2016 and they were withdrawn from the Sponsor Register on 17 May 2016. The Claimant issued a claim for Judicial Review and as a result on 31 October 2016 a consent order was made, by which the Secretary of State agreed she would consider a fresh application. The Claimant then made a new Tier 2 Sponsor Licence application. Following another visit from UKVI on 28 November 2016, the Secretary of State then refused the Claimant’s fresh Tier 2 Sponsor Licence application. ## What is the Tier 2 Resident Labour Market Test? As part of the [Tier 2 Sponsor Licence Guidance](https://web.archive.org/web/20180203135150/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/672688/Tier_2_5_sponsor_guidance_01-2018_v1.0.pdf), employers must correctly carry out the Tier 2 Resident Labour Market Test. This means that the Tier 2 Sponsor must advertise the job position for at least 28 days in two different locations and offer the position to a settled worker ahead of a migrant worker when both candidates have the required experience and skills for the role. All candidates who have the necessary experience and skills set out in the job advertisement must be properly assessed and full written reasons must be provided whenever a candidate is deemed not to be suitable. It is the responsibility of the Tier 2 employer to ensure that the Resident Labour Market Test is carried out properly. The decision letter dated 13 December 2016 in the case of R (Khan) stated, > *"Our Compliance Officer is not satisfied that you have demonstrated a genuine attempt to recruit from the resident labour market [...] we are not satisfied that the role of Business Development Manager is a genuine role within your organisation and that you can offer genuine employment which meets the Tier 2 General criteria".  * The Secretary of State also took the view that the level of qualification required for the vacancy was exaggerated. The Claimant submitted that the Secretary of State's decision was weak, in particular in the conclusion that the Claimant had not demonstrated a genuine attempt to recruit from the Resident Labour Market Test was 'irrational'. ## Tier 2 Resident Labour Market Test Case Study: Judgement to R (Khan) v SSHD Whilst the Judge concluded that the Secretary of State's notions that the job vacancy was not genuine and that the level of qualification required for the position had been exaggerated, ultimately, the Judge found that in regard to the application of the Tier 2 [Resident Labour Market Test](https://web.archive.org/web/20161221003157/https://immigrationandvisasolicitors.co.uk/resident-labour-market-test/), the Secretary of State's decision was justified and not irrational. Therefore the Judge upheld the Secretary of State’s decision to refuse the Claimant a fresh Tier 2 Sponsor Licence and the application for Judicial Review was dismissed. The full judgement can be found here: [R (Khan) v Secretary of State for the Home Department [2018] EWHC 105 (Admin) | LEXVISA Immigration Solicitors London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2018/02/R-Khan-v-Secretary-of-State-for-the-Home-Department-2018-EWHC-105-Admin-.pdf) ## Using Legal Representation to satisfy the Tier 2 Resident Labour Market Test Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives ensure you correctly satisfy the Tier 2 Resident Labour Market Test. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure successfully apply for a Tier 2 Sponsor Licence, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 2 Sponsor Licence application meets the Immigration Rules. ##  Successfully satisfy the Tier 2 Resident Labour Market Test [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [Our offices are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Calculating Absences in your Indefinite Leave to Remain (Long Residence) Application Source: https://immigrationandvisasolicitors.co.uk/indefinite-leave-to-remain-long-residence/ *Applicants applying for Indefinite Leave to Remain in the UK under the 10-year Long Residence rote must meet the continuous residence requirement. There are two main requirements that must be satisfied to show continuous residence in the UK. Firstly Applicants must not have been absent from the UK for a period of six months on any one occasion. Secondly, Applicants must not have been absent for more than 540 days in the 10-year qualifying period. Applicants cannot rely on time spent in prison, young offender’s institution or secure hospital. Time spent in the Republic of Ireland, Isle of Man or the Channel Islands will not be considered as continuous residence in the UK.  Applicants who do not meet the continuous residence requirement may still submit a successful Indefinite Leave to Remain (Long Residence) application where there are serious or compelling reason for the break in continuous residency. * ## Calculating Absences from the UK in your Indefinite Leave to Remain (Long Residence) Application Calculating absences from the UK for your Indefinite Leave to Remain (Long Residence) application can be a daunting task especially where Applicants have misplaced or lost their travel documents. Our Solicitors and Barristers are able to assist Applicants with retrieving important documents such as Advances Passenger Information from the Home Office. One of the main reasons Applicants often struggle to meet the continuous residence requirement is due to human error in calculating absences. The Home Office guidance states that Applicants must only include whole days in their calculation and absences less than 24 hours are not counted. To simply this, Applicants should be only counting whole days outside the UK meaning date of departure and arrival is not included in the absences. ## Absences for serious or compelling reasons If you do not meet the continuous residence requirement it still may be possible for your Indefinite Leave to Remain (Long Residence) application to be successful. The Home Office do provide some flexibility and can use its discretion where there are serious or compelling reasons for having excessive absences. There is no fixed definition given to what constitutes as serious or compelling but the Home Office guidance makes specific reference to the following: - Serious illness of the Applicant or close relatives such as parent or sibling; - Natural disasters such as earthquakes and tsunamis; - Time spent overseas as a member of HM Armed Forces; - Other exceptional/compelling factors. As mentioned above there is no strict definition given to what constitutes to a serious or compelling reason. If are able to show that there were migrating reasons for your absence and the correct documentary evidence is available you may still submit a successful application despite not meeting the residency requirement. ## Requirements for a successful Indefinite Leave to Remain (Long Residence) Application To successfully apply for indefinite leave to remain under the Long Residence route Applicants must meet the following requirements: - Show at least 10 years continuous lawful residence in the United Kingdom; - Must have regard to the public interest there are no reasons why it would be undesirable for you to be given indefinite leave to remain on the ground of long residence; - Must show sufficient knowledge of the English language and Life in the UK. The Home Office will take into consideration the following: - Age and strength of connections in the United Kingdom; - Personal history, including character, conduct, associations and employment record; - Domestic and compassionate circumstances. Our Solicitors and Barristers regularly assist Applicants with successful indefinite leave to remain (Long Residence) applications. Contact us for a detailed case assessment on your case or if would like some assistance in the preparation and submission of your application. ## Using Legal Representation to submit an Indefinite Leave to Remain Application (Long Residence) Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an Indefinite Leave to Remain application (Long Residence). Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Indefinite Leave to Remain (Long Residence) application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Indefinite Leave to Remain (Long Residence) application meets the Immigration Rules. ## Successful Indefinite Leave to Remain (Long Residence) Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Indefinite Leave to Remain (Long Residence) application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Indefinite Leave to Remain application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Indefinite Leave to Remain (Long Residence) application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # In the news: Home Office Processing Time Delays Preventing the Families of Grenfell Tower Victims from entering the UK Source: https://immigrationandvisasolicitors.co.uk/home-office-processing-time/ *It is no secret that** Home Office processing time delays have become increasingly common in recent years. These delays are due to the Home Office struggling to keep up with the number of visa applications that are submitted. Unfortunately, this can have a profoundly detrimental impact on the Applicant and their families. A recent case highlighted by [The Independent](http://www.independent.co.uk/news/uk/home-news/grenfell-tower-victim-family-home-office-immigration-uk-stop-enter-khadija-khalloufi-karim-amal-a8202881.html) reports that the applications of the family members of a Grenfell Tower victim are being ‘blocked’ by the Home Office from entering the UK in order to participate in the inquiry into the cause of the devastating fire last June.* ## Delays in Home Office processing time The Home Office has become known for its [significant delays](https://immigrationandvisasolicitors.co.uk/home-office-delays/) in its processing time for UK Visas and Immigration applications. As a result of these disproportionate lengthy delays, many Applicants are being left in difficult circumstances whereby they are losing out on valuable employment and education opportunities or are being estranged from their families and missing out on significant life events. In response to the growing criticism, the Home Office has stated that they are actively working through the backlog of cases and are trying to process applications efficiently. [Figures](http://www.bbc.co.uk/news/uk-england-41096675) highlight that the longest time an Applicant had to wait for a decision on a residency application between January 2014 and June 2017 was 719 days, whilst the longest an application was on hold for during the same period was 1,001 days. This clearly demonstrates that the Home Office needs to overhaul its method of processing and deciding applications. ## Family Members of Grenfell Tower Victim Visa Applications affected by Home Office processing time delays The mother and brother of one of the Grenfell Tower fire victims are Moroccan nationals and have applied for Visitor Visas in order to come to the UK in order to participate in the public inquiry surrounding the fire. After 45 days their applications are still pending with no update from the Home Office. The Home Office has also retained their passports. The family members had previously been granted Visitor Visas to the UK in June and July last year in search for answers as to what happened to their daughter and sister. They applied to extend their visas in September 2017 when it became apparent that the inquiry would not be concluded by December however the Home Office took so long to respond to their extension request that they then returned to Morocco in order to not overstay their visas. According to the Home Office’s data published in December 2017, the standard processing time for most visa applications from Rabat is 30 days, although a disclaimer mentions that processing times can vary “depending on a range of factors”. The family have accused the Home Office of *“exacerbating their suffering in the aftermath of the fire”*. In response, a Home Office spokesperson said that it did not comment on individual cases but the Government would help support the Grenfell inquiry by ensuring visa applications were dealt with in a “timely manner”. ## What to do in the event that your application is subject to Home Office processing time delays There is limited action that can be taken to the Home Office when it fails to process an application or provide a decision in accordance with its standard processing times. Whilst there is an application status tracking service available which allows Applicants to check the status of their applications, we often get informed by our clients that this Visa Application status tracking tool to be defective and unresponsive. The Home Office can be contacted via phone and email but they have recently [changed its procedure](https://www.gov.uk/government/news/customer-enquiry-service-changes) and have started to charge £1.37 for every call and £5.48 per email relating to the same enquiry. As a last resort, Applicants can write to their local MP to inquire about why their application is being delayed as well to report a Home Office failure in providing adequate responses to queries.  Whilst this is an option available for Applicants, there is no obligation for the Home Office to respond to a letter from an MP and therefore it may be best to obtain legal assistance, such as from our Immigration Team, in order to chase up the Home Office for decisions. ## Using Legal Representation to Overcome Home Office processing time delays Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to overcome Home Office processing time delays Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully overcome Home Office processing time delays [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [Our offices are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Applying for a UK Ancestry Visa to the UKVI department of Home Office Source: https://immigrationandvisasolicitors.co.uk/uk-ancestry-visa-ukvi/ *The UK Ancestry Visa application can be made by Commonwealth citizens who wish to live and work in the UK. Commonwealth citizens are generally citizens of countries which were previously colonies of the UK. **If your application is successful you will be granted leave in the UK for a period of 5 years and you may be able to apply for Indefinite Leave to Remain.  * ## Applying for a UK Ancestry Visa In order to submit a successful UK Ancestry Visa application to the UKVI department of the Home Office Applicants must satisfy the requirements listed under the Immigration Rules. The main requirements for a UK Ancestry Visa are as follows: - Applicants must be Commonwealth citizens at the time of their application (although they do not need to have been Commonwealth citizens at birth); - Anyone applying for a UK Ancestry visa must make their application from outside the UK; - Applicants must be able at least 17 years old; - Applicants must be able to prove that that one of their grandparents was born in the UK or in the Islands of Guernsey, Jersey or the Isle of Man or in the Republic of Ireland before 31 March 1992 or on a British – Registered ship or Aircraft; - Applicants must be able to work and intend to take or seek employment in the UK. This is one of the key requirements which Applicants often fail to satisfy as the Home Office is vague and it is unclear what constitutes searching for employment; - Applicant must also be able to demonstrate that they can maintain and accommodate themselves and any dependents while in the UK without recourse to public funds. It is important to note that Applicants must be able to show that they have Knowledge of Language and Life in the UK unless an Applicant is exempt by virtue of their age, physical or mental condition. If your application is successful you will be granted leave in the UK for a period of 5 years and you may be able to apply for Indefinite Leave to Remain. ## What you can and can’t do on a UK Ancestry Visa The UK Ancestry Visa allows Applicants to undertake some activities in the UK but Applicants should be aware that there also some restrictions on this visa. The UK Ancestry Visa allows Applicants to: - Applicants are permitted to work without any restrictions; - Applicants can undertake study at UK universities, colleges and other institutions; and - Lastly, Applicants can apply to bring their [family members.](https://www.gov.uk/ancestry-visa/family-members) However, Applicants should be aware that they cannot: - Applicants cannot change (‘switch’) into this visa if you’re already in the UK on another visa; - Applicants cannot apply within the UK but may be able to apply for an extension within the UK; and - Applicants cannot have recourse to public funds. For more information on what activities are permitted under the UK Ancestry Visa please contact our specialist immigration team comprising of both Solicitors and Barristers today. ## Using Legal Representation to submit a UK Ancestry Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Ancestry Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Ancestry Visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Ancestry Visa application meets the Immigration Rules. ## Successful UK Ancestry Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Ancestry Visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Ancestry Visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful UK Ancestry Visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK reaches Tier 2 Visa cap for skilled workers for third consecutive month Source: https://immigrationandvisasolicitors.co.uk/tier-2-visa-cap-skilled-workers-uk/ *For the third consecutive month the UK has reached the cap for the number of Tier 2 Visas that are granted. The increase in the number of Tier 2 visa applications is said to have been a knock on effect of the UK’s decision to leave the EU, with fewer EU nationals applying for UK jobs. Consequently, skilled sectors such as the National Health Service (NHS) are left severely understaffed with various NHS Trusts around the country losing out on valuable staff just because the Home Office has reached its monthly quota of Tier 2 visas. * ## What is the Tier 2 Visa cap? In order to recruit skilled workers from overseas, the Tier 2 Sponsor must satisfy the Resident Labour Market Test or the job must be listed on the Home Office’s official [Shortage Occupations List](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list). Jobs that are listed on the Shortage Occupation List are positions where there are gaps in the job market that have not been filled by UK residents. Therefore businesses may then recruit from overseas. The Home Office however, has a limit on the number of Tier 2 visas are granted. Each year the Home Office has a limit on the number of Tier 2 visas that are granted to skilled migrant workers. The annual quota is 20,700 Tier 2 visas, which works out to 1,700 Tier 2 visas allocated per month. ## Why has the Tier 2 Visa cap reached for third consecutive month? This month is the third month in a row that the UK has reached the Tier 2 visa cap. The demand for skilled non-EEA migrant workers has increased as the number of applications from the EU has decreased since the UK voted in favour of Brexit. Recruitment specialists and medical professionals have concerns that the Tier 2 visa cap is preventing doctors from taking up jobs in the NHS. It has been reported that dozens of medical professionals are prevented from coming to the UK because their Certificate of Sponsorship applications are being rejected. In response, a Home Office spokesperson said: > *“When demand exceeds the month’s allocation of Tier 2 visas, priority is given to applicants filling a shortage or PhD-level occupations. The published shortage lists include a range of medical professionals, including consultants specialising in clinical radiology and emergency medicine … and we are committed to ensuring that net migration is reduced to sustainable levels and that the jobs of British workers are protected”.* It is important that the UK and sectors such as the NHS are able to employ skilled migrant workers to fill the increasing number of important vacancies. If it is not possible to hire a settled worker then the Home Office should not be deterring these migrants with specific and valuable skills. ## Other factors for Tier 2 Visa Applicants In April last year, the UK Government raised the [minimum salary requirement](https://immigrationandvisasolicitors.co.uk/tier-2-minimum-salary-requirement/) for Tier 2 workers from £25,000 to [£30,000](https://www.gov.uk/tier-2-general/eligibility) or £20,800 per graduate recruit.  Worryingly, this demonstrates the increasingly expensive and tedious procedures in regard to sponsoring and applying for a Tier 2 visa are ultimately designed to reduce the UK’s net migration. The British Medical Association recently warned of the “chronic shortage” of doctors across most areas of medicine in the UK and that sectors like the NHS rely on skilled migrant workers. Currently it is estimated that a third of all Tier 2 visa applications are for jobs within the NHS. Professionals are now urging the Home Office to relax its rigorous requirements and guidelines for the Tier 2 visa in order to preserve businesses and institutions such as the NHS. ## Using Legal Representation to apply for a Tier 2 Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make Tier 2 visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 2 Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Summary of The Tier 1 Visa Route under the Immigration Rules Source: https://immigrationandvisasolicitors.co.uk/summary-the-tier-1-visa-route/ *The Tier 1 visa category allows high net worth individuals from outside the EEA to come to the UK for business purposes. This could be solely for investment purposes under the Tier 1 Investor visa. There is also a route available for Applicants who aim to set up or take over an existing business under the Tier 1 Entrepreneur route. Lastly, there is an option for students to apply for the Tier 1 Graduate Entrepreneur route. A key attraction for all three of these Tier 1 visa routes is the possibility of bringing family members to the UK as dependants.  * ## The Tier 1 Investor Visa Route under the Immigration Rules The [Tier 1 Investor visa](https://immigrationandvisasolicitors.co.uk/business-immigration-routes/) allows high net worth business people from outside the EEA to invest in the UK and reside freely with their dependents. The [Tier 1 Investor visa](https://www.gov.uk/tier-1-investor) allows [high net worth](https://immigrationandvisasolicitors.co.uk/tier-1-investor-visa/) individuals from outside the UK to make a significant investment in the UK. Applicants apply for the Tier 1 Investor visa if they want to invest a minimum of £2 million. The benefit of applying for a Tier 1 Investor visa is that there is no English language requirement and Applicants can apply for their family members to join them as their dependents. Applicants who are granted a Tier 1 Investor visa will be granted leave for 3 years and 4 months. An application to extend leave under this category can be made for another 2 years. However, what is more noteworthy is that applications for settlement can be made after 2 years if Applicants can demonstrate that they have invested a minimum of £10 million. Alternatively, an application for settlement (Indefinite Leave to Remain) can be made after 3 years if Applicants can demonstrate that they have invested a minimum of £5 million. Otherwise, under the £2 million route Applicants can apply for settlement after 5 years. ## The Tier 1 Entrepreneur Visa Route under the Immigration Rules The purpose of the Tier 1 Entrepreneur visa route is to allow overseas business people to come to the UK to do one of two things: - Take over an existing business in the UK by making an investment of £200,000; or - Set up a new business in the UK using a minimum of £200,000. To submit a successful application to the UK Visas and Immigration Department of the Home Office Applicant must acquire 95 points in their application. Applicants will be awarded points for the following: - The Applicant must have a minimum of 75 points for Attributes under paragraphs 35 to 53 of Appendix A. - The Applicant must have a minimum of 10 points for the English language requirement under paragraph 1 to 15 of Appendix B. - The Applicant must have a minimum of 10 points for Maintenance under paragraph 1 to 2 of Appendix C. The main obstacle for Applicants under the Tier 1 is satisfying the Genuine Entrepreneur Test. The Home Office introduced this subjective test to prevent applications of convenience being made. The Home Office has made it clear that it will only grant credible applications who acquire 95 points. The Home Office usually invite Applicants for a Home Office Genuine Entrepreneur Interview where an application is lacking credibility. Therefore it is crucial a well-prepared application is submitted with the assistance of specialist immigration solicitors. Our solicitors can assist with the preparation of a Home Office Genuine Entrepreneur Interview. In addition to the Home Office interview, a Tier 1 Entrepreneur application will also be put through a [Credibility and Viability assessment](https://immigrationandvisasolicitors.co.uk/tier-1-genuine-entrepreneur-test/). ## The Tier 1 Graduate Entrepreneur Visa Route under the Immigration Rules University graduates can apply for a Tier 1 Graduate Entrepreneur visa if they can show that they have been endorsed as having a genuine and credible business idea. The endorsement must be by the [Department for International Trade (DIT)](https://immigrationandvisasolicitors.co.uk/tier-1-graduate-entrepreneur-visa/) or a [UK Higher Education Institution (HEI)](https://immigrationandvisasolicitors.co.uk/tier-1-graduate-entrepreneur-visa/). It is important to note that the institution must be authorised as an endorsing body. Successful Applicants will be granted leave for a period of one year but an application to extend the leave can be made for an additional year. Similar to the Tier 1 Investor visa and Tier 1 Entrepreneur visa, Applicants can apply to bring their family members with them. Applicants can also apply to switch into another visa category under the Immigration Rules. However, Applicants cannot have access to public funds and cannot settle in the UK under this route. Therefore, Applicants who wish to settle in the UK are advised to explore the option of a Tier 1 Entrepreneur visa or consider switching into the Tier 1 Entrepreneur category at the end of their extension period. ## Using Legal Representation to submit a Tier 1 Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 1 application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 1 application meets the Immigration Rules. ## Successful Tier 1 Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 1 application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 1 application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Tier 1 application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Satisfying the Home Office Stringent Adult Dependent Relative Visa Requirements Source: https://immigrationandvisasolicitors.co.uk/adult-dependent-relative-visa-requirements/ *The Adult Dependent Relative visa allows dependent relatives of a parent, grandchild, brother, sister, son or daughter who is living permanently in the UK to join them in the UK. However, it is one of the most difficult visas to have granted in the UK since the Immigration Rules changed in July 2012 and the Home Office introduced its stringent requirements. This is why it is important that Applicants use legal representatives such as our specialist immigration team and lawyers in order to prepare the application as strongly as possible in order to give it the highest chance of success. * ## What is the Adult Dependent Relative Visa? The Adult Dependent Relative Visa allows dependent relatives of a parent, grandchild, brother, sister, son or daughter who is living permanently in the UK to join them in the UK. If the visa is granted then the Applicant will be given Indefinite Leave to Remain. Dependent relatives must be unable to perform everyday tasks as a result of age, illness or disability. Unfortunately, the threshold for this visa is considerably high since the rules were reformed in 2012. ## Why is the Home Office granting few Adult Dependent Relative Visas? The Home Office published a review of the Adult Dependent Visa in December 2016 which highlights that before the rules changed in 2012 there was an average of 2,325 Adult Dependent Relative visas that were granted per year, however since the new rules have been in place this figure had significantly dropped to an average of 162 per year. This average figure also includes those Adult Dependent Relative visas that were granted on appeal. The reasoning behind the low number of Adult Dependent Relative visa being granted is down to a number of factors, undoubtedly including the Government’s aim to significantly reduce the UK’s net migration figure to the tens of thousands. It is widely known that Family Visas have been deeply impacted by this, with officials stating that migration has a negative impact on public services and low-paid workers. Consequently, this means that hundreds of families are being kept apart, especially vulnerable overseas relatives who rely on the support of their family members in the UK. ## What are the main requirements for the Adult Dependent Relative Visa? The Home Office requirements in relation to the Adult Dependent Relative Visa are stringent and difficult to satisfy. The main requirements that the Applicant must be able to demonstrate are: - over the age of 18 years; - can prove their relationship to the Sponsor as being a parent, grandchild, brother, sister, son or daughter; - that as a result of age, illness or disability, long-term personal care is required in order to perform everyday tasks; - even with the practical and financial help of the Sponsor, the Applicant is unable to obtain the required level of care in the country where they are living because: (a) it is not available and there is no person in that country who can reasonably provide it; or (b) it is not affordable. Examples of “Everyday tasks” as given in the Home Office [guidance](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/636612/Appendix_FM_6.0_Adult_Dependent_Relatives_August_2017_final.pdf) include washing, cooking and dressing. Further, aunts and uncles are no longer considered as a suitable relationship. Along with the Family Life as a Parent of a Child in the UK visa category, the Adult Dependent relative visa are the only categories under Appendix FM that is exempt from a minimum income requirement. Instead, Applicants are required to demonstrate that they can be adequately maintained, accommodated and cared for by the Sponsor without recourse to public funds. ## Using Legal Representation to apply for an Adult Dependant Relative Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make an Adult Dependant Relative Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully apply for an Adult Dependant Relative Visa [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Immigration Statistics: EEA migration at its lowest for 5 Years as non-EEA migration rises Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-statistics/ *According to the most recent UK Immigration statistics published by the Office for National Statistics (ONS), net EEA migration has fallen over the last year and is at its lowest since 2012. Consequently, non-EEA migration in the past year has risen with far more non-EEA nationals coming to the UK than EEA citizens. Nonetheless, the number of EEA nationals who are coming to the UK is still greater than the numbers leaving the UK and these trends could be down to many contributing factors.* ## UK Immigration Statistics: EEA migration Recent [ONS data](https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/internationalmigration/bulletins/migrationstatisticsquarterlyreport/february2018#fewer-eu-migrants-coming-to-the-uk-for-work) has highlighted that in the year to September 2017, net EEA migration to the UK has fallen by 75,000 to less than 100,000, the lowest it has been in 5 years. This is because there are fewer EU nationals coming to the UK, as well as the number of EU nationals leaving the UK has increased. It has also been noted that the number of EEA nationals who are coming to the UK for work related purposes has fallen. The uncertainty of Brexit could well be a factor in the decision to move to or from the UK, but the decision to migrate is complicated and can be influenced by a range of factors. However, despite the decrease in EEA migration over this past year, there are still more EU citizens coming to the UK than leaving the UK. ## UK Immigration Statistics: non-EEA migration As a likely direct result of the increased number of EEA nationals leaving the UK, the number of non-EEA applications has risen in the last year. ONS data reveals during the year to September 2017, non-EEA net migration is at 205,000 which is an increase of 40,000 from the previous year and at similar levels which were seen in early 2016. In terms of non-EEA migration, Tier 4 Students are seen to make up a large portion of these figures. This however feeds into the long running debate as to whether international students should be included within the UK’s net migration figure. Interestingly, whilst the overall increase in immigration, which is up 26,000, is not statistically significant, the increase seen for Asian nationals arriving to the UK was statistically significant. Overall net migration over the past decade has ranged from a low of 154,000 in 2012 to a high of 336,000 in 2015. ## What do these UK Immigration Statistics mean for migrants wishing to come to the UK? The UK’s Immigration Minister, Caroline Nokes, has welcomed these latest figures as a step towards achieving the Government’s target of less than 100,000. Yet, these latest statistics have revealed that there are 244,000 more migrants arriving in the UK than leaving the UK, thus still adding to the UK’s population, the Government’s [hostile immigration policy](https://immigrationandvisasolicitors.co.uk/hostile-environment-policy/) is unlikely to subsist any time soon. Therefore in order to successfully apply for a UK visa, Applicants are advised to contact our specialist Immigration Team. Our Immigration Team have an in-depth and comprehensive understanding of the UK’s Immigration Rules and EEA Regulations and can assist in preparing strong applications in order to give them the greatest chance of success given the current UK immigration climate. ## Using Legal Representation to Apply for a UK Immigration Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Immigration application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful UK Immigration Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Working in the UK on a Tier 2 Work Visa Source: https://immigrationandvisasolicitors.co.uk/working-tier-2-work-visa/ *Overseas skilled workers can apply for a Tier 2 Work Visa under the Points-Based-System. This route was designed to enable Tier 2 employers **to invite overseas workers from outside the EEA to work with them. However, it is important to note that Tier 2 employers must be able to demonstrate that the advertised job cannot be filled by a settled worker in the UK or will not displace a settled worker in the UK. The Tier 2 Work Visa is an attractive option for overseas workers as it allows migrants to switch into this category as long as they have a valid visa at the time of their application. * ## Applying for a Tier 2 Work Visa The purpose of a Tier 2 Work Visa is to allow skilled migrants from outside the EEA to enter the UK to work for a UK employer. A Tier 2 Work Visa application is made under the Immigration Rules and Applicants must acquire 70 points.  Applicants will acquire points for the following: 50 points for Attributes – To acquire 50 points for Attributes Applicants must be able to show the job offer passes a Resident Labour Market Test (RLMT), show a Certificate of Sponsorship number and the appropriate salary must be awarded. It is possible to be exempt from RLMT; 10 points for the English language requirement – To acquire 10 points for the English language requirement Applicants must meet a minimum level of CEFR level B1 in reading, writing, speaking and listening or have an academic qualification that was taught in English. If an Applicant is a resident in a majority speaking country then the English language requirement can be satisfied by proving nationality. 10 points for Maintenance – To acquire 10 points for Maintenance Applicants must be able to show that they can be accommodated and maintained in the UK without recourse to public funds. There are also other considerations that Applicants must be mindful of when submitting their Tier 2 Work Visa. The correct documentary evidence must be provided. Applicants must be able to show that the job offer is genuine and it is listed on the [Shortage of Occupation List](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list). Applicants should also be aware that the Home Office expect an overseas criminal clearance certificate to be submitted with the application. ## Switching to a Tier 2 Work Visa Applicants can switch to a UK Tier 2 Work Visa if they are already in the UK with a valid visa under the Point-Based-System or a family-related visa. Applicants can apply to have their family members accompany them as their dependents. A popular switching category is switching from a Tier 4 Student visa into a Tier 2 Work visa.  The main benefits are that Tier 2 Employers are exempt from the RLMT and are also exempt from paying the Immigration Skills Charge. There are also a number of benefits for Dependents of Tier 4 Students such as applying to switch to a Tier 2 General Work Visa in their own right. In order for a Tier 4 Student to switch to a Tier 2 Work Visa, they must have completed a course leading to the UK recognised bachelor's or master's degree. ## Using Legal Representation to submit a Tier 2 Work Visa Applications Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 Work Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 2 Work Visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 2 Work Visa application meets the Immigration Rules. ## Successful Tier 2 Work Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 2 Work Visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 2 Work Visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Tier 2 Work Visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Popular routes to Settlement in the United Kingdom under the Immigration Rules Source: https://immigrationandvisasolicitors.co.uk/uk-settlement-overview/ *If you have lived legally in the UK for a certain length of time, you may be able to apply for permission to settle in the UK. Settlement is also known as ‘Indefinite Leave to Remain’ (ILR). Depending on your UK immigration history and which visa category you are in, the qualifying period for UK Settlement will vary. Below we have provided an overview of some of the most popular UK Settlement routes. * ## General requirements for UK Settlement In order to be eligible for UK Settlement, the general requirements that Applicants must satisfy are: - That they can demonstrate that they will continue to meet the requirements of their current visa; - That they do not have an excess number of [absences](https://immigrationandvisasolicitors.co.uk/indefinite-leave-to-remain-long-residence/) from the UK; - That they plan to remain present and settled in the UK once they have been granted settlement status; and - That they can pass the ‘Life in the UK’ test and meet the English Language Requirement. Depending on the specific visa route an Applicant is on will affect the UK Settlement route. ## 5-year route to UK Settlement on the basis of Family life as a partner or parent [The 5 year route](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/826902/5-and-10-year-partner-parent-private-life-and-exceptional-circumstances-v1.0-ext.pdf?_ga=2.76316819.76297142.1566895197-2097845906.1498477541) to UK Settlement relates to Entry Clearance, Leave to Remain, Further Leave to Remain and Indefinite Leave to Remain in the UK submitted on or after 9 July 2012 by an Applicant who first applied for Entry Clearance or Leave to Remain on or after that date as either a: - Partner – a fiancé(e), proposed civil partner, spouse, civil partner or unmarried partner of a British citizen or person who is present and settled in the UK; or - A bereaved partner (other than a fiancé(e) or proposed civil partner) of a British citizen or person who is present and settled in the UK; or - Parent of a British citizen child living in the UK or a settled child living in the UK. The 5 year route as a partner or parent is for those who meet all of the relevant suitability and eligibility requirements of the Immigration Rules at every stage. ## 10 year (long residence) route to UK Settlement on the basis of Family life as a partner or parent The 10-year route to UK Settlement as a partner or parent can be applied for in circumstances where the Applicant can meet all of the suitability requirements, but cannot meet certain of the eligibility requirements of the 5-year routes. This long residence route can also be used for those in exceptional and compassionate circumstances. Applications for UK Settlement on the 10 year route cannot be made from outside the UK and must be made from within the UK. Time the Applicant has spent in the UK with 3C leave also counts towards lawful residence. The 10 year route as a parent is not for couples who have a child together and are in a genuine and subsisting relationship. An Applicant can only apply for the 10 year route as a parent if they are not eligible to apply for the partner route. ## Tier 1 Accelerated UK Settlement Route Tier 1 Entrepreneurs and Tier 1 Investors can apply for UK Settlement after 5 years as long as they can satisfy the relevant requirements. There is also the option to apply for [accelerated settlement](https://immigrationandvisasolicitors.co.uk/tier-1-accelerated-settlement/) in the UK under these two visa routes. ### Tier 1 Entrepreneur Entrepreneurs who have invested in the UK may be eligible to apply for UK Settlement after 5 years of continuous and lawful leave in the UK; however there is an option for accelerated UK Settlement after a period of 3 years. The requirements for accelerated UK Settlement under the Tier 1 Entrepreneur route are: - That a Tier 1 Entrepreneur who sets up a new business and can show that their business has had a minimum income of £5 million directly from their business in the first 3 years of their Tier 1 Entrepreneur visa; or - That a Tier 1 Entrepreneur who has taken over an existing business and can show an increase of £5 million in the gross income as a result of business activity; or - That a Tier 1 Entrepreneur who has created the equivalent of 10 new full-time jobs for persons settled in the UK. ### Tier 1 Investor Investors who have invested at least £2,000,000 in the UK may be eligible to apply for UK Settlement once they have reached 5 years continuous leave in the UK under the route. Investors wishing to apply for UK Settlement must ensure they do not exceed 180 days absences from the UK during each 12 months of the continuous period. However there is an option for accelerated UK Settlement after 2 years if they can demonstrate that they have invested £10,000,000 or after 3 years if they can demonstrate that they have invested £5,000,000. This accelerated settlement route encourages non-EEA business people to invest in the UK and potentially apply for early settlement depending on their investments. ## Using Legal Representation to Apply for UK Settlement Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit a UK Settlement application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful UK Settlement Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Latest Home Office figures released on Illegal Working Penalties in the UK Source: https://immigrationandvisasolicitors.co.uk/illegal-working-penalties-uk/ *This week, the Home Office has released its quarterly figures which highlight the total number of fines or civil penalties that have been given to UK employers who have not obeyed Home Office compliance rules and employed migrant workers who have no right to work in the UK. In short, the quarterly report demonstrates that the UK Government is serious about clamping down on illegal working in the UK by the increasing number of unannounced compliance visits and subsequent illegal working penalties that are issued. * ## Latest Home Office figures on Illegal Working Penalties in the UK The latest Home Office quarterly report on employer’s illegal working penalties in the UK highlights that from 1 July 2017 to 30 September 2017, UK Visas and Immigration (UKVI) issued 314 [civil penalties](https://immigrationandvisasolicitors.co.uk/employer-penalties-illegal-working/) to employers in London and the South-East of England. This totalled £4,950,000 worth of fines and 422 migrant works were found to be working in London and the South-East of England illegally. The quarterly report also confirms that the Midlands was the region with the second highest number of migrant workers found to be working illegally at 187 illegal migrant workers and Scotland and Northern Ireland issued the least number of civil penalties with 28. The full Home Office quarterly report on employer’s illegal working penalties can be found here: [Illegal Working Civil Penalties - Anonymous Regional Report | LEXVISA Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2018/03/Illegal-Working-Civil-Penalties-Anonymous-Regional-Report.ppt) ## How to Comply with Home Office Checks to avoid receiving Illegal Working Penalties in the UK It is important that employers of UK businesses fulfil the necessary right to work checks in order to comply with Home Office guidance. Failure to do so may result in the employer being issued with a civil penalty, or worse; imprisonment. Some of the key elements that employers must do in a right to work check are: - Ensure that all the documentation provided by the migrant worker is genuine and that the documents are originals; - Ensure that the migrant worker has permission to work in the UK doing the type of work that is being offered, i.e. taking into consideration the number of hours per week they are permitted to work; and - Copy and keep the documents securely and record the date of the check and date for follow-up checks (record keeping). [The Employer’s Guide to Right to Work Checks](https://www.gov.uk/government/publications/right-to-work-checks-employers-guide) published by the Home Office should be used by Tier 2 employers to ensure that they properly meet Home Office compliance guidelines. Employers can also use the Home Office’s online [Employer checking service](https://www.gov.uk/employee-immigration-employment-status) in order to check an employee or potential employee’s immigration status. Unannounced Home Office compliance visits are becoming more common as the UK's Hostile Environment Policy doe not appear to be dying down. Thus it is crucial for employers to comply with Home Office guidelines. Our expert Immigration Team can assist Tier 2 employers with making sure they are compliant at all stages of their Tier 2 Sponsor Licence as obtaining the Sponsor Licence is only the beginning. If you are unsure about the stringent and rigorous audits that are taking place up and down the country, then please contact our offices to arrange an initial consultation with our qualified Immigration Solicitor. ## Using Legal Representation Comply with Home Office Checks to avoid Illegal Working Penalties in the UK Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to ensure you understand your duties and responsibilities of being a Tier 2 Sponsor Licence Holder and help you ensure that your business is and remains compliant with all immigration requirements. Our immigration solicitors can help you conduct ‘mock immigration audits’ to help identify any potential issues which could be resolved before a ‘surprise’ UKVI Compliance Audit. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Comply with Home Office Checks to avoid Illegal Working Penalties in the UK [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [Our offices are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Tier 2 Settlement (Indefinite Leave to Remain) Applications Source: https://immigrationandvisasolicitors.co.uk/tier-2-settlement-indefinite/ *If you are a Tier 2 Worker who can demonstrate 5 years of continuous leave on the Tier 2 Work visa category you may be able to benefit from Tier 2 settlement rights in the UK. In other words, Tier 2 workers may be able to apply for Indefinite Leave to Remain in the UK. For many people acquiring Indefinite Leave to Remain status is a huge privilege and an ultimate goal when considering their future in the UK. The advantage of acquiring Tier 2 Settlement, Indefinite Leave to Remain, is that it allows Applicants to reside, work and study in the UK without any restriction. Further, after holding Indefinite Leave to Remain status for a period of one year, Applicants apply for British Citizenship.  * ## Tier 2 Settlement- 5 year’s continuous leave in order to apply for Indefinite Leave to Remain You can apply for Tier 2 Settlement, Indefinite Leave to Remain, in the UK if your most recent leave was under the Tier 2 category. The 5 year qualifying period for Tier 2 Settlement can include the leave under the following categories: - Tier 2 (General) Migrant, Tier 2 (Minister of Religion) Migrant, Tier 2 (Sportsperson) Migrant, Tier 2 (Intra-Company Transfer) Migrant; - Tier 1 (Exceptional Talent) Migrant, Tier 1 (Entrepreneur) Migrant, Tier 1 (Investor) Migrant, Tier 1 (General) Migrant; - A representative of an Overseas Business; - Work Permit Holder; or - Highly Skilled Migrant. ## Tier 2 Settlement- Eligibility Requirements for Indefinite Leave to Remain In order to submit a successful Tier 2 Settlement, Indefinite Leave to Remain application you must meet the requirements listed under the Immigration Rules and be aware of the Policy Guidance Notes. The key requirements that must be met are: - You must not fall under the General Grounds of Refusal. - You must meet the Minimum earnings threshold and you must still be required by your current Tier 2 employer. - You must meet the Knowledge of Language and life in the UK requirement. This can be passed by passing an English language test and a Life in the UK test. - You must not have had more than 180 day’s absences from the UK during any consecutive 12 month period. You will be required to provide a travel history summary with your application listing all absences outside the UK. It is possible to mitigate excess absences where there are serious or compelling reasons for the absences i.e. absences related to bereavements and work-related absences. You can submit a Tier 2 Settlement, Indefinite Leave to Remain, application up to 28 days before you reach your 5 years continuous leave. If you submit an application earlier than that it is likely that your application will be refused and you will be considered to have adverse immigration history. Having adverse immigration could become a serious obstacle for future UK visa applications. ## Tier 2 Settlement leading to British Citizenship Once you have been granted Tier 2 Settlement, Indefinite Leave to Remain, in the UK you can consider applying for British Citizenship by way of Naturalisation. Whilst it is true that by holding Indefinite Leave to Remain you are free of immigration restrictions and are free to live, work and study in the UK. You should be conscious of your activity in the UK because to apply for British Citizenship an application must be made under the [British Nationality Act 1981](https://www.legislation.gov.uk/ukpga/1981/61) (“BNA 1981”) and the requirements under the BNA 1981 must be met. The two main obstacles in applying for British Citizenship by way of Naturalisation are meeting the Residence and the Good Character requirement. It is often assumed by Applicants who hold Tier 2 Settlement, Indefinite Leave to Remain, that they can leave the UK for large periods without sufficient reason. You may struggle to meet the Residence requirement if you have excessive absences from the UK. In addition to this, you must meet the Good Character requirement. You must be able to show that you are of good character and there public policy concerns in granting your application. ## Using Legal Representation to submit a Tier 2 Settlement, Indefinite Leave to Remain application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 Settlement, Indefinite Leave to Remain application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 2 Settlement, Indefinite Leave to Remain application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 2 Settlement, Indefinite Leave to Remain application meets the Immigration Rules. ## Successful Tier 2 Settlement, Indefinite Leave to Remain Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 2 Settlement, Indefinite Leave to Remain application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 2 Settlement, Indefinite Leave to Remain application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Tier 2 Settlement, Indefinite Leave to Remain application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Success Story: British Registration Application Granted Source: https://immigrationandvisasolicitors.co.uk/success-british-registration-application/ *Earlier this week we received some delightful news that our client’s (“the Applicant”) application for British Registration was successful. The Applicant was submitting her application to the UK Visas and Immigration (UKVI) department of the Home Office on the basis that she was born before 1983 to a British Mother. Upon instruction, our specialist immigration team successfully prepared the application. A decision on the application was made within 8 weeks from the date of submission of her application. ** * ## British Registration Application: Background The Applicant was an Italian national resident in one of the EU member state countries. The Applicant had regularly visited the UK and now wished to settle in the UK with her family. The Applicant was born to a British mother and therefore wanted to explore the possibility of applying for British Registration. The Applicant’s father was an EU national. It is important to note that if at the time of the Applicant’s birth both her parents were British Citizens then she would have automatically acquired British Citizenship. ## How we can assist with submitting a successful British Registration Application Our Solicitors have ample experience working on complex British Registration applications. It is worth noting that these types of applications are made under the [British Nationality Act 1981](https://www.legislation.gov.uk/ukpga/1981/61) (“BNA 1981”) and often require specialist legal advice and research. In this particular case, our Solicitors prepared a bespoke documents list outlining all the mandatory documents required for a successful British Registration application. Our solicitors successfully guided the Applicant through the application process and prepared legal representations, which directly tackled all the issues, involved in the Applicant’s application and highlighted how the Applicant met the requirements and conditions listed in the BNA 1981. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her documents to ensure that she submits the correct documentation in the correct format meeting the Home Office’s requirements. In this particular case, it was necessary to involve a Home Office approved translation provider as the Applicant had some documents in the Italian language. ## Eligibility for a British Registration Application on the basis of being born before 1983 to a British Mother Following a consultation meeting with one of our Solicitors, the Applicant instructed us to prepare her British Registration application. The relevant law for the Applicant’s application was Section 4 of the BNA 1981. In order to submit a successful British Registration application on the basis of being before 1983 to a British mother the following requirements must be met: You can register as a British citizen if you: - Were born before 1983; - Would have automatically become a British Citizen by descent if women had been able to pass citizenship on to their children in the same way as men at the time of birth; - Would have had the Right to Abode in the UK if British Citizenship was acquired on 1 January 1983; - Would need to demonstrate that the [Good Character requirement](https://www.gov.uk/government/publications/good-character-nationality-policy-guidance) can be met. This is a key requirement the Home Office give consideration to when deciding whether to grant a British Registration application. When considering the Good Character requirement the Home Office will always consider whether granting British Registration would be conducive to the public good. Those wishing to apply for British Registration should consult with a member of our expert immigration team so we can consider the eligibility criteria and explore whether the requirements can be met. ## Using Legal Representation to Submit a British Registration Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a British Registration application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK British Registration application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your British Registration application meets the requirements under the BNA 1981. ## Successful British Registration Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your British Registration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # How Immigration Status affects your Right to Bank in the UK Source: https://immigrationandvisasolicitors.co.uk/immigration-status-uk/ *It has been reported in the news recently that as part of the UK Government’s increasingly Hostile Environment Policy towards migration, the Home Office has introduced measures whereby Banks and Building Societies in the UK can carry out immigration checks on their existing or prospective current account holders. They then have the power to close the bank accounts of customers or refuse applications for current accounts of those who do not have lawful immigration status in the UK. The Banks and Building Societies also then have a duty to report these individuals to the Home Office. * ## What affect does Immigration Status have a bank account? Since the 30 October 2017 when the Home Office introduced its new [Right to Bank Check](https://immigrationandvisasolicitors.co.uk/right-to-bank/)  measures, Banks and Building Societies have a duty to conduct quarterly periodic checks on their account holders in order to identify individuals who do not have valid immigration status in the UK. These provisions are set out under section 40G of the Immigration Act 2014 (as amended by the Immigration Act 2016). The Bank or Building Society is required to inform the Home Office and can freeze or close that person’s bank account. Therefore, if an individual have no lawful leave in the UK, their Right to Bank is essentially taken away which could lead to a whole range of other issues for that person. Critics of these Right to Bank checks have labelled it “[damaging](http://www.independent.co.uk/news/uk/home-news/home-office-immigration-checks-bank-accounts-mps-campaign-groups-urge-stop-caroline-lucas-david-a8118251.html)” and “inhumane” as not only will those in an already vulnerable position be exploited, but due to the Home Office’s notoriously poor procedures could lead to mix-ups which have seen legal migrants wrongly punished. Hence it is important that foreign nationals in the UK to have valid immigration status and the right to bank in the UK. If your visa has expired or is about to expire you should contact our specialist immigration team to book a consultation in order to discuss your next steps with our Immigration Solicitor. ## Recent UK Visas and Immigration update on Immigration Status and Current Accounts The Home Office and UK Visas and Immigration have recently published a leaflet which gives a brief explanation of why a migrant’s current account may have been closed or why the application to open an account has been refused. According to the leaflet, an individual may be ‘disqualified’ if they are in the UK and need leave to enter or remain (under the Immigration Act 1971) and don’t have leave to be here. This could be because that person: - never had leave to enter or remain (because you entered the UK illegally); or - had leave but stayed after it expired or was revoked; or - are an European Economic Area (EEA) national subject to deportation action who has exhausted all rights of appeal. The Home Office has the power under the Immigration Act 2014 to apply for a freezing order in relation to current accounts of disqualified persons. In the cases where an illegal migrant has a joint bank account with a person who has lawful immigration status, the Bank or Building Society may instead take steps to prevent the illegal migrant from operating the account, as opposed to closing the account entirely. This is because the Immigration Act 2014 does not prevent Banks and Building Societies from providing banking services to individuals who are lawfully present in the UK. It is advised that the other account holders should contact the Bank or Building Society directly to discuss their situation. ## Using Legal Representation to resolve your UK Immigration Status Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on immigration law and your immigration status ensuring you comply with the Immigration Rules. It is possible to instruct an immigration and visa legal representative to assist you with understanding and complying with the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that you comply with the UK Immigration Rules. ## Successfully resolve your UK Immigration Status Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and whether you comply with the Right to Bank Check before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Tier 1 Entrepreneur Indefinite Leave to Remain Applications with LEXVISA Source: https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-indefinite-leave-to-remain/ *In recent years the United Kingdom has become one of the most popular and in-demand countries for inward investment from overseas. In particular, the UK has become an important investment hub for [Tier 1 Entrepreneurs](https://www.gov.uk/tier-1-entrepreneur). The Tier 1 Entrepreneur visa enables overseas business people to set up or taken over an existing business in the UK ([subject to the Immigration Rules being met](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/)). A key attraction for the Tier 1 Entrepreneur visa is the opportunity to submit a Tier 1 Entrepreneur Indefinite Leave to Remain application after 5 years of continuous leave in the UK. In some circumstances, Applicants may be able to apply for accelerated settlement after 3 years.* ## The requirements for a Tier 1 Entrepreneur Indefinite Leave to Remain application An important and noteworthy benefit of entering the UK on a Tier 1 Entrepreneur visa is the possibility of settling in the UK. If you can meet the Tier 1 Entrepreneur Indefinite Leave to Remain requirements you may be able to submit an application for Indefinite Leave. Once you have held Indefinite Leave to Remain for a period of one year you can then apply for British Citizenship. For many Applicants, acquiring British Citizenship is the ultimate goal. In order to qualify for a Tier 1 Entrepreneur Indefinite Leave to Remain application, Applicants must ensure they meet the following requirements: - It is important that Applicants can demonstrate that they have good conduct and that they do not fall under the General Grounds for Refusal. Further, Applicants must be able to show that they have valid Immigration status and at the time of their arrival by showing that they had valid Entry Clearance or Leave to Remain. Further, Applicants must not have breached or be in breach of any of the UK Immigration laws during the validity of the Tier 1 Entrepreneur visa; - Applicants must not have excessive absences; - The Tier 1 Entrepreneur application is an application under the Point Based System (PBS) therefore Applicants who wish to apply for Tier 1 Entrepreneur Indefinite Leave to Remain must ensure they score a minimum of 75 points under Paragraph 35 to 53 of Appendix A to the Immigration Rules; and - Applicants must show that they have sufficient knowledge of the English language and sufficient knowledge about Life in the UK in accordance with Appendix KoLL to the Immigration Rules. In addition to the above, Applicants must be able to show that since the grant of their initial Entry Clearance Tier 1 Entrepreneur application they have: - Taken over an existing business or established a business presence in the UK; - Have genuinely operated at least one business or a number of businesses since the grant of their Tier 1 Entrepreneur leave; - Have genuinely invested the money referred to in Table 6 of Appendix A to the Immigration Rules into one or more businesses in the UK; and - Genuine intention to continue to operate their business or businesses. Our specialist Immigration Team regularly assists Applicants with successful Tier 1 Entrepreneur Indefinite Leave to Remain applications. For a free case assessment over the telephone please do not hesitate to contact us on +442030110276. ## Accelerated Tier 1 Entrepreneur Indefinite Leave to Remain application It is possible for some Applicants to benefit from the accelerated settlement option. If Applicants can demonstrate that they have business activity in the sum of £5 million or more, they can apply for Tier 1 Entrepreneur Indefinite Leave to Remain after 3 years and not 5 years. To successfully apply for Tier 1 accelerated settlement you must be able to provide the specified list of documents required by the Home Office. If you cannot provide the specified documents, your application is likely to be refused and you will either have to apply again or wait for the 5 year period. ## Important considerations in your Tier 1 Entrepreneur Indefinite Leave to Remain application There are a number of important considerations Applicants must be mindful of when submitting their Tier 1 Entrepreneur Indefinite Leave to Remain application.  The Home Office will consider the following when making a decision on your Tier 1 Entrepreneur Indefinite Leave to Remain: - The documentary evidence submitted with your application - There is a list of mandatory documents required by the Home Office, but it is also very important to submit further supporting documents which may not be specified. Supporting documents can be very important in providing the Home Office with a true and accurate reflection of an application. For every application LEXVISA prepare our Solicitor’s prepare a bespoke documents list for every Tier 1 Entrepreneur Indefinite Leave to Remain application; - The Home Office will assess the viability and credibility of your Tier 1 Entrepreneur Indefinite Leave to Remain application. This includes the credibility of the source of money referred to in your application. Further, the Home Office will also assess the credibility of your business activity in the UK; and - The Home Office may also consider whether your business has had a positive impact on job creation in the UK. Once you have submitted your Tier 1 Entrepreneur Indefinite Leave to Remain application the Home Office can write to you to request for further documents. This is not ideal as it is likely to delay a decision on your application. Therefore it is important all the correct mandatory and supporting documents are submitted with your Tier 1 Entrepreneur Indefinite Leave to Remain application. It is also possible for the Home Office to invite you in for an interview. In our experience, the Home Office usually invite Applicants in for an interview where they have prepared a weak or defective application. Our specialist immigration team have a proven method of submitting successful Tier 1 Entrepreneur Indefinite Leave to Remain applications. ## Using Legal Representation to submit a Tier 1 Entrepreneur Indefinite Leave to Remain application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 1 Entrepreneur Indefinite Leave to Remain application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Entrepreneur Indefinite Leave to Remain application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 1 Entrepreneur Indefinite Leave to Remain application meets the Immigration Rules. ## Successful Tier 1 Entrepreneur Indefinite Leave to Remain Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 1 Entrepreneur Indefinite Leave to Remain application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 1 Entrepreneur Indefinite Leave to Remain application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Tier 1 Entrepreneur Indefinite Leave to Remain application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Extended Family Members Case Study: SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9 Source: https://immigrationandvisasolicitors.co.uk/extended-family-members/ *The Supreme Court recently considered the case of [SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9](http://www.bailii.org/uk/cases/UKSC/2018/9.html) (“SM (Algeria) v ECO”). The appeal concerns the right for family members of EU citizens to move to the UK with an EU citizen exercising the right of free movement under EU law and legal guardianship under the Islamic ‘Kefalah’ system. Family members have automatic rights of entry and residence in the UK whereas extended family members may apply for an EEA Residence Card, which is granted at the discretion of the Home Office. * ## Background to the Extended Family Members Case: SM (Algeria) v ECO The Appellant is an Algerian child who had been placed in the legal guardianship of two EU citizens under the Islamic ‘Kefalah’ system. The legal guardians are French nationals of Algerian ethnicity who were married in the UK in 2001. The legal guardians travelled to Algeria in 2009 and were assessed as suitable to become legal guardians. In 2010 they became the legal guardians of the Appellant after she was abandoned by her blood family after birth. A legal custody deed was then issued in Algeria. In May 2012 the Appellant applied for Entry Clearance as the adopted child of an EU national under regulation 12(1) (as a family member) or 12(2) (as an extended family member) of the Immigration (European Economic Area) Regulations 2006 (“the EEA Regulations”). The EEA Regulations moved Directive 2004/38/EC into UK law. The Appellant's application was refused on the basis that the Algerian guardianship was not recognised as a legal adoption under UK law. ## Facts and Issues in the Extended Family Members Case: SM (Algeria) v ECO The Appellant’s appeal was refused by the First Tier Tribunal but allowed at the Upper Tribunal. The Court of Appeal held that EU member states are allowed to restrict the forms of adoption that they recognise as falling within the definition of ‘family member’ but those restrictions could not be undermined by recognising a child as an extended family member. The definition of ‘Family member’ means either: - the spouse; or - the partner with whom the EU citizen has contracted a registered partnership, on the basis of the legislation of a member state, if the legislation of the host member state treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host member state; or - the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point. ‘Direct Descendants’ refers to consanguineous children, grand-children and other blood descendants in the direct line. In this case that must also include those descendants who have been lawfully adopted in accordance with the requirements of the host country. The issue then is whether legal guardianship under ‘Kefalah’ is lawful. The Appellant then appealed to the Supreme Court. Further, the Upper Tribunal in *[Sala v SSHD [2016]](https://immigrationandvisasolicitors.co.uk/upper-tribunal-refused-residence-card-right-of-appeal-for-eea-extended-family-members/) *held that there was no statutory right of appeal against the refusal of an EEA Residence Card for Extended Family Members as it was not an ‘EEA decision’ for the purposes of regulation 26(1) of the EEA Regulations. Thus the issues arose as to whether or not he Supreme Court had jurisdiction to hear the appeal in the Appellant’s case. ## The Judgement in the Extended Family Members Case: SM (Algeria) v ECO The judgement was given in two parts. Firstly, it was unanimously held that *[Sala v SSHD [2016]](http://www.bailii.org/uk/cases/UKUT/IAC/2016/411.html) *had been wrongly decided. The Court of Appeal overruled the decision in *Sala v SSHD *[2016] in the subsequent case of *Khan v SSHD *[2017] which therefore meant that the Supreme Court did have the jurisdiction to hear the Appellant’s appeal. Secondly, the Supreme Court refers three questions to the Court of Justice for the European Union (“CJEU”) for a preliminary ruling: - Is a child who is in the permanent legal guardianship of a Union citizen or citizens, under ‘Kefalah’ or some equivalent arrangement provided for in the law of his or her country of origin, a ‘direct descendant’ within the meaning of article 2.2(c) of the Directive? - Can other provisions in the Directive, in particular articles 27 and 35, be interpreted so as to deny entry to such children if they are the victims of exploitation, abuse or trafficking or are at risk of such? - Is a member state entitled to enquire, before recognising a child who is not the consanguineous descendant of the EEA national as a direct descendant under article 2.2(c), into whether the procedures for placing the child into the guardianship or custody of that EEA national was such as to give sufficient consideration to the best interests of that child. The full judgement can be found here: [SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9 | LEXVISA Immigration Solicitors London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2018/03/SM-Algeria-v-Entry-Clearance-Officer-UK-Visa-Section-2018-UKSC-9-LEXVISA-Immigration-Solicitors-London.pdf) ## What does this mean for Extended Family Members? As we have previously written, there is good news for Extended Family Members following the decision in *[Khan v SSHD [2017]](https://immigrationandvisasolicitors.co.uk/khan-extended-family-member/)*, in which it has been confirmed that it may be possible to appeal a Home Office decision as an Extended Family Member to the First Tier Tribunal. This has now been demonstrated in *SM (Algeria) v ECO *[2018]. With regard to the question of legal guardianship under ‘Kefalah’ being recognised by the UK as legitimate, that remains a question for the CJEU. ## Using Legal Representation to submit a successful Extended Family Members Appeal Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an appeal as an Extended Family Member of an EEA national. Our solicitors and Barristers will help you comply with the tribunal requirements/directions. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. If your application has been erroneously refused, our solicitors and barristers will ensure your appeal as an Extended Family Member has the best prospects of success. The UK Immigration Rules are complex and a legal representative can help ensure that your appeal as an Extended Family Member meets the Rules. ## Successfully submit an Extended Family Members Appeal Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an Extended Family Member appeal before your appeal even reaches the Tribunal. We can assist you with the preparation and submission of an Extended Family Member appeal and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications and appeals. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss Extended Family Members appeals. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Successful Appeal at the Immigration & Asylum First Tier Tribunal – EEA Retained Rights of Residence Source: https://immigrationandvisasolicitors.co.uk/successful-first-tier-tribunal/ *Our team of solicitors and barristers recently assisted a client (the Appellant) submit a successful appeal at the Immigration and Asylum [First Tier Tribuna](https://www.gov.uk/courts-tribunals/first-tier-tribunal-immigration-and-asylum)l. Our specialist immigration team assisted with challenging a Home Office decision denying the Appellant an EEA Family Permit under the **EEA Retained Rights of Residence route under Regulation 10(5) and 10 (6) of the European Economic Area (EEA) Regulations 2006. It was clear from the onset that the Home Office decision to refuse the application was flawed as it appeared the Home Office caseworker had overlooked and not considered crucial supporting documents that were submitted with the application.** * ## Background to the Appeal to the Immigration and Asylum First Tier Tribunal The Appellant was a non-EEA national who entered the UK on a Tier 4 Student visa. Shortly after arriving in the UK the Appellant had married an EEA national. The Appellant’s marriage with his EEA national partner had broken down and as a result, the Appellant submitted an application for EEA Retained Rights of Residence under Regulation 10(5) and 10 (6) of the EEA Regulations 2006. Despite a large amount of documentary evidence submitted with the application the Appellant’s application was refused on the basis that the Home Office did not accept that his EEA partner was exercising Treaty Rights at the time of his divorce. Further, it was also not accepted that the Appellant had exercised Treaty Rights after his divorce. ## The case for submitting an Appeal to the Immigration and Asylum First Tier Tribunal In our initial consultation with the Appellant, we reviewed the Home Office decision with his application and supporting documents. We discovered some complexities in his case. It was evident from the outset that despite the complexities, the Appellant had strong merits for an appeal. Our immigration solicitors were able to identify flaws in the Home Office decision. In particular, it was apparently important supporting documents were overlooked. Our immigration solicitors were able to advise the client on the EEA Regulations and agreed the contentious Home Office decision can and must be appealed. After months of hard work and dedication, our team of solicitors and barristers were able to get the Home Office decision overturned at the First Tier Tribunal. Our client was ecstatic with the outcome. ## How we can assist submit a successful Appeal to the Immigration & Asylum First Tier Tribunal Our solicitors and barristers drafted comprehensive and strong Grounds for Appeal challenging the defective reasons for refusal. In addition to the Grounds of Appeal, our solicitors and barristers prepared a detailed, structured, indexed and paginated bundle of documents which were relied upon at the appeal hearing. Further, our solicitors and barristers also assisted with the drafting of comprehensive and strong witness statements in support of the Appellant’s appeal. These were the key ingredients towards the success of the Appellant’s appeal. Our solicitors and barristers successfully guided the Applicant through the appeal process ensuring the Appellant was kept up to date with the progress of his appeal. In addition to this, we also assisted the Appellant to gather essential documentary evidence, providing multiple substantial reviews of his documents to give him the best chance of overturning the Home Office decision. The key to a successful appeal at any court of law or tribunal is preparation and providing the correct documentary evidence in support of your case. ## Submitting an EEA Retained  Rights of Residence Application  Non-EEA family members of EEA nationals may be able to apply for an EEA Family Permit in some circumstances. EEA Retained Rights of Residence can be obtained in circumstances where the: - EEA national family member has died; - EEA national and the non-EEA national’s relationship has broken down resulting in divorce; or - EEA national opts to leave the UK. Requirements for the EEA Retained Rights of Residence can be found under Regulation 10 of the Immigration (European Economic Area) Regulations 2006. There may be difficulties in meeting the requirements under Regulation 10(5) of the [EEA Regulations](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/590102/Family-members-of-EEA-nationals-who-have-retained-the-right-of-residence-v3_0.pdf) situations where the relationship with the EEA national has not ended amicably which is why it is helpful to gain legal advice from our specialist immigration team before making an application based under EEA Retained Rights of Residence. ## Using Legal Representation to submit a successful appeal at the Immigration and Asylum First Tier Tribunal Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an appeal to the Immigration and Asylum First Tier Tribunal. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your appeal matter has merit, you should seek legal advice from our immigration solicitors and barristers. In an instance where your case has no merits, our immigration solicitors can consider with you a fresh application with the correct documentation ensuring a positive result. To submit a successful appeal at the Immigration and Asylum First Tier Tribunal you will need to obtain the correct documentary evidence in support of your appeal. The UK Immigration Rules are complex and a legal representative can help ensure that your appeal has sufficient grounds to appeal. ## Successful appeals at the Immigration and Asylum First Tier Tribunal [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration appeal at the Immigration and Asylum First Tier Tribunal before your matter even reaches the tribunal. We can assist you with the preparation and submission of your appeal at the Immigration and Asylum First Tier Tribunal and ensure your case has the best chance of success. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful appeal at the Immigration and Asylum First Tier Tribunal. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Home Office update on Croatian Workers Restrictions Source: https://immigrationandvisasolicitors.co.uk/croatian-workers-restrictions-update/ *Unlike nationals of other EU member states and Switzerland, Croatian nationals are subject to restrictions meaning that they cannot benefit from the UK labour market. Croatian nationals must, therefore, get permission to work in the UK by applying for a Registration Certificate, depending on the type of employment. From 30 June 2018, restrictions on Croatian Workers will come to an end and they will then be allowed to enjoy the same benefits as other EU and Swedish nationals in the UK.     * ## Current Restrictions for Croatian Workers in the UK Under current regulations, Croatian nationals, like the other EU member states and Switzerland, are able to move and live freely in the UK. This means that they do not need permission to reside legally in the UK and they will have a right of residence in the UK for first 3 months. They will further be able to remain legally resident provided they will be exercising Treaty rights as either: - a student; - a self-employed person; or - a self-sufficient person. However, Croatian nationals do not have an automatic right to reside as a worker or a jobseeker in the UK and they will need to apply for a [Croatian National Registration Certificate](https://immigrationandvisasolicitors.co.uk/croatian-national-registration-certificate/). There are 3  Registration Certificates available for Croatian nationals depending on the type of work: **Blue Registration Certificate** – Is for highly skilled Croatian nationals who have a degree, teaching qualification or higher national diploma. [Blue Registration Certificate](https://www.gov.uk/croatian-national/blue-registration-certificate) shows the right to work in the UK without restrictions and the employer requires no additional documents to be shown. **Yellow Registration Certificate** – Is for Students, Self-employed and Self-sufficient Croatian Nationals. Students will be allowed to work up to 20 hours a week, unless the work is part of vocational course, which included work placement and is vital to the study. Self-employed and self-sufficient people may wish to apply for a [Yellow Registration Certificate](https://www.gov.uk/croatian-national/yellow-registration-certificate) to prove their right to be self-employed or self-sufficient in the UK. **Purple Registration Certificate** – Is for Croatian nationals who are subject to work authorisation in the UK.  [Purple Registration Certificates](https://www.gov.uk/croatian-national/purple-registration-certificate) are issued to workers after they have received a job offer from an employer who is listed on the register of sponsors. Some jobs may also require a good level of English. There are certain exemptions from work authorisation. ## Home Office update on Croatian Workers Restrictions When Croatia joined the EU in 2013, the UK and other EU member states were able to restrict the access that Croatian citizens had to their labour markets for a maximum of 7 years. The UK is one of a few EU countries along with Austria, Slovenia and the Netherlands which applies such measures. The Immigration Minister, Caroline Nokes has [said](https://web.archive.org/web/20190725202939/https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2018-03-19/HCWS560/): > *“This decision has not been taken lightly, but after careful consideration, we have concluded that there is not enough evidence to satisfy the legal requirements to extend the controls for the final 2 year period”.* Croatian partners and spouses of British nationals or other nationals settled in the UK are exempt, as are Croatian citizens who have worked in the UK for 12 months with the UK’s current measures. Therefore, from 30 June 2018, the above restrictions relating to Croatian workers in the UK will expire and Croatian nationals will then be able to enjoy the same benefits as other EU and Swedish citizens. ## Using Legal Representation to submit an Application for Croatian Workers in the UK Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Croatian Registration Certificate. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Croatian Registration Certificate application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Croatian Registration Certificate application application meets the necessary rules. ## Successful Applications for Croatian Workers in the UK [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Croatian Registration Certificate application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Croatian Registration Certificate application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Croatian Registration Certificate application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Hysaj and Bakijasi v Secretary of State for the Home Department [2017] UKSC 82 – Deprivation and Nullity of British Citizenship Cases Source: https://immigrationandvisasolicitors.co.uk/nullity-of-british-citizenship/ *The issue in [R (on the application of Hysaj and others) (Appellants) v Secretary of State for the Home Department (Respondent) Bakijasi (Appellant) v Secretary of State for the Home Department (Respondent) [2017] UKSC 82](http://www.bailii.org/uk/cases/UKSC/2017/82.html) (“Hysaj and Bakijasi”) is whether the misrepresentations made by the Appellants in their British Citizenship applications made the grant of citizenship a nullity rather than making them liable to for deprivation of British citizenship. The Supreme Court takes into consideration past nullity of British citizenship cases and recognises that the uncertainty of law in this area can make it difficult to be applied correctly. * ## What is Deprivation of British citizenship and Nullity of British citizenship? The Secretary of State has the power to either deprive or nullify British citizenship under Section 40 of the 1981 Act. Section 40, sub-section 3 of the 1981 Act states that the Secretary of State may [deprive](https://immigrationandvisasolicitors.co.uk/british-citizenship-deprivation-appeals/) a person of British citizenship status which results from his registration or naturalisation if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of fraud, false representation or concealment of a material fact. [Nullity](https://www.gov.uk/government/publications/deprivation-and-nullity-of-british-citizenship-nationality-policy-guidance) of British citizenship is when registration or naturalisation is deemed to never have taken place. This means the individual concerned does not need to be deprived of their British citizenship because they are regarded as never having been granted it in the first place. The test for whether a registration or naturalisation was a nullity has been developed through case law and so is not set out in the legislation which deals with British nationality can therefore be difficult to correctly apply. ## Background to Hysaj and Bakijasi - Deprivation and Nullity of British Citizenship Cases Mr Hysaj is an Albanian national who claimed asylum in the UK in July 1998. Whilst he gave his real name, he gave a false date of birth and claimed to be Kosovan. The Home Office accepted him as a refugee and he was granted Indefinite Leave to Remain (“ILR”) in 1999. In 2004, Mr Hysaj was granted naturalisation as a British citizen under [Section 6(1) of the British Nationality Act 1981](https://www.legislation.gov.uk/ukpga/1981/61/section/6) (“the 1981 Act”). Similarly, Mr Bakijasi is an Albanian national who came to the UK and claimed asylum in 1999 stating that he was Kosovan. He also gave a false name and date of birth. Whilst Mr Bakijasi’s asylum claim was initially refused, he was later granted ILR in 2005 and then naturalised as a British citizen in November 2006. When the frauds became apparent, the Secretary of State decided in both cases that the grant of citizenship was a nullity. Both Appellants were deemed not to and have never been British citizens, but still remained on ILR. Both Appellants challenged the Secretary of State’s decision. The High Court and Court of Appeal upheld the Secretary of State’s decision and permission to appeal to the Supreme Court was granted. ## Judgement to Hysaj and Bakijasi - Deprivation and Nullity of British Citizenship Cases There were 4 relevant decisions in the Court of Appeal which adopted the nullity of British citizenship rather than depriving a person of British citizenship. The original decision in *R v Secretary of State for the Home Department ex P Sultan Mahmood *[1981] QB 58 involved the supposed grant of British citizenship to someone who was impersonating another real person. Subsequent cases: *R v Secretary of State for the Home Department ex P Parvaz Akhtar *[1981] QB 46, *R v Secretary of State for the Home Department ex P Ejaz *[1994] QB 496 and [*R v Entry Clearance Officer, Dhaka *[2007] EWCA Civ 740](http://www.bailii.org/ew/cases/EWCA/Civ/2007/740.html) expanded the approach to persons assuming a false identity in order to obtain British citizenship. The Secretary of State reached the conclusion that the law took a ‘wrong turning’ after *Mahmood* and that the nullity approach should only apply in cases where an applicant had obtained British citizenship by impersonating another person, to which the Supreme Court unanimously agreed. The cases of *Akhtat *and *Bibi *were wrongly decided and the Supreme Court agrees that those decisions must be overruled and that the appeals of Hysaj and Bakijasi must be allowed as neither Appellant had impersonated someone else. It is concluded that the uncertainty of the law in this regard means that it is difficult to apply in practice. The Supreme Court also raised the question that the logic of the position adopted by the Secretary of State would also nullify the grant of ILR, however the Secretary of State has never contended this. The full judgement can be found here: [R (on the application of Hysaj and others) (Appellants) v Secretary of State for the Home Department (Respondent) [2017] UKSC 82 | LEXVISA Immigration Solicitors London](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2018/03/R-on-the-application-of-Hysaj-and-others-Appellants-v-Secretary-of-State-for-the-Home-Department-Respondent-2017-UKSC-82-LEXVISA-Immigration-Solicitors-London.pdf) ## Using Legal Representation to appeal a Deprivation or Nullity of British citizenship claim Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to appeal a Deprivation or Nullity of British citizenship claim. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful appeals against a Deprivation or Nullity of British Citizenship claims Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are located in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Case Study Onwuje v Secretary of State for the Home Department [2018] EWCA Civ 331  Source: https://immigrationandvisasolicitors.co.uk/onwuje-v-secretary-of-state/ *In **Onwuje v Secretary of State for the Home Department**, the Tribunals and the Court of Appeal were asked to comment on the issue of whether professional and business interests can establish a European Convention of Human Rights (“ECHR”) Article 8 Private Life claim. * ## Background in Onwuje v Secretary of State for the Home Department The issue of Article 8 ECHR Private Life was explored in *Onwuje v Secretary of State for the Home Department*. The Appellant was a Nigeria national who entered the United Kingdom on a Student Visa in August 2008. The Appellant was granted further leave on two occasions until September 2013. The Appellant’s wife and children were also in the UK as his dependant’s. They were also nationals of Nigeria. Prior to the expiry of his leave in September 2013 he had applied for further leave to remain but his application was refused. The Appellant had appealed the decision but later withdrew his appeal. On 6 March the Appellant submitted an application for leave to remain as a Tier 1 Entrepreneur. The business to which the application related was an employment agency in the health and care sector called Casgo Connections Limited. Unfortunately, his application was refused on the grounds that there were defects in the specified documents.  The Appellant appealed the decision at the First Tier Tribunal. ## First Tier Tribunal Judgment in Onwuje v Secretary of State for the Home Department The Appellant appealed the decision to refuse his application on the grounds of his Article 8 ECHR Private Life in the UK. Representations were made that he should be granted further leave to remain outside the Immigration Rules on the basis of his interests in the UK namely his business interests. The Appellant had invested a significant cash sum into his business. Further, it should be noted that his business was providing a valuable service to the National Health Service (“NHS”) and there were no issues in relation to the business relying on the public purse. The essential picture that emerges is that Casgo was doing good business and was profitable; also that the Appellant had invested £40,000 into the business. The First Tier Tribunal considered the 5 points put forward in R (Razgar) v Secretary of State for the Home Department. * * In a decision promulgated on 3 February 2015, First Tier Tribunal Judge allowed the appeal.  In his judgment Judge James sympathised with the Appellant stating: > “*In times of austerity and economic depression it is clear this company under the ownership and directorship of the Appellant, is providing an important service to The NHS and local government delegated services and facilities, and much-needed employment to the local community.*” Further stating: > > “*I find that Article 8, the right to respect for family life, is engaged and in this case. Having considered the provisions of Article 8 I find that the refusal of leave to remain engages and interferes with private and family life, and although it has legitimate aims in regards to immigration control, I do not find that the Respondent’s decision was reasonable and proportionate in all the circumstances of this particular case”* The Secretary of State appealed against First Tier Tribunal’s judgement. ## Upper Tribunal in Onwuje v Secretary of State for the Home Department The Upper Tribunal was asked to comment on the First Tier Tribunal Judgement in *Onwuje v Secretary of State for the Home Department.*  The Upper Tribunal found three errors of law in the decision of the First Tier Tribunal Tribunal. The central issue for the Upper Tribunal was the fact that there had been an error from the First Tier Tribunal Judge in “*concluding that Article 8 (1) was engaged through the Claimant’s running of a business and its economic benefits to the UK*.” The Upper Tribunal also concluded that there was sufficient evidence available to the First Tier Tribunal to dismiss the appeal and it would have been proportionate.  In particular, the Upper Tribunal Judge stated: > “*I find that any interference would be proportionate to the legitimate end: namely the operation of a coherent and fair system of immigration control. The success or failure of a business venture is not a matter by which the respect for private life can be judged.*” The Upper Tribunal delivered a new judgement overruling the First Tier Tribunal’s decision in allowing the appeal. The Claimant’s appealed further. ## Court of Appeal in Onwuje v Secretary of State for the Home Department The Appellant appealed the Upper Tribunal’s decision at the [Court of Appeal](https://www.judiciary.gov.uk/you-and-the-judiciary/going-to-court/court-of-appeal-home/). Permission to appeal was given on the basis that the Upper Tribunal was wrong to hold that the fact that the Appellant had established a successful business, which would probably fold of if he had to return to Nigeria, was irrelevant. The Court of Appeal would consider the issues as a whole. The Court held that Family Life had not been engaged because If the Appellant was removed he would be removed with his family so there is no interference. With regard to the Appellant’s Private Life the Court of Appeal accepted that in some circumstances Private Life claims can be in respect of business interests in the UK. The Court of Appeal also made reference to Niemiet v Germany (1993) 16 EHRR 97. In Niemietz the European Court of Human Rights accepted professional or business activities can form a Private Life claim. Despite the Court of Appeal accepted that professional and business interests can be used to establish ECHR Article 8 Private Life the court dismissed the Appellant’s appeal. It should be noted that the decision to refuse the Appellant’s appeal was due to the limited evidence available and it may have been different if a stronger case was presented. The full judgement can be found here: [Onwuje & Anor v The Secretary of State for the Home Department [2018] EWCA Civ 331 LEXVISA](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2018/03/Onwuje-Anor-v-The-Secretary-of-State-for-the-Home-Department-2018-EWCA-Civ-331-LEXVISA.pdf). ## What does this mean for Private Life Claims post Onwuje v Secretary of State for the Home Department? Unfortunately, the Court of Appeal dismissed the Appellant’s appeal. Notwithstanding, the Court of Appeal did provide useful insight on whether professional and business interest can constitute to an ECHR Private Claim. Whilst it is clear from the Court’s judgement in Onwuje v Secretary of State for the Home Department a strict approach will be taken when assessing ECHR Article 8 Private Life claims. There are encouraging signs for business people who can demonstrate strong ties to their business interests in the UK. If you would like to explore the possibility of submitting an ECHR Article 8 Private Life claim on the grounds of Private Life you should contact us so we can offer you a detailed assessment of your prospects of success. ## Using Legal Representation to submit an ECHR Article 8 Private Life claim Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an appeal. Our solicitors and Barristers will help you comply with the tribunal requirements/directions. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. If your application has been erroneously refused, our solicitors and barristers will ensure your appeal has the best prospects of success. The UK Immigration Rules are complex and a legal representative can help ensure that your appeal as an meets the Rules. ## Successfully submit an ECHR Article 8 Private Life claim Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an appeal before your appeal even reaches the Tribunal. We can assist you with the preparation and submission and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications and appeals. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an appeal. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # 2018 Home Office Visa Fees Increase Announced Source: https://immigrationandvisasolicitors.co.uk/home-office-visa-fees/ *Unfortunately for many UK Visa applicants, it is that time of year again as the annual Home Office Visa Fees increase have just been announced. Set to come into force as of 6 April 2018, the Home Office fees for Indefinite Leave to Remain and Entry Clearance Spouse Visa applications have again been subject to a noteworthy, whilst the Home Office Visa Fees for Points-Based System applications, both Entry Clearance and in-country, are mostly insignificant.     * ## Home Office Visa Fees Increase 2018 for Personal Immigration Applications As is often the case, personal Immigration applications such as Indefinite Leave to Remain and Entry Clearance Spouse visa have seen considerable increases to the Home Office Visa Fees, compared with Points-Based System applications. From 6 April 2018 the Home Office Visa Fee for Indefinite Leave to Remain will rise from £2,297 to £2,389 and Entry Clearance Spouse Visa application fees have gone up to £1,523. Furthermore, the Home Office Visa Fees for Naturalisation applications has risen to £1,330; however it is important to note that this fee also includes the mandatory £80 citizenship ceremony fee. It is also worth mentioning that the [Immigration and Nationality (Fees) (Amendment) Order 2018](https://www.legislation.gov.uk/ukdsi/2018/9780111164167/pdfs/ukdsiem_9780111164167_en.pdf) contains some key changes to the UK Visas and Immigration department of the Home Office. For instance, paragraph 7.1.3 stipulates that the Home Office can now charge a fee when a person fails to collect their Biometric Residence Permit (BRP) within the required time limit. It is therefore important that successful UK visa Applicants also collect their BRPs within the time limit, in order to avoid additional costs. ## Home Office Visa Fees Increase 2018 for Points-Based System Immigration Applications Perhaps unsurprisingly, the Home Office Visa Fees for Points-Based System applications has again seen less of a significant increase than the fees for personal Immigration applications such as Indefinite Leave to Remain and Entry Clearance Spouse Visas. Whilst the Home Office Visa Fees for Entry Clearance as a Tier 1 (General)* dependant has now risen to over £1,000, the fees for an in-country Tier 1 Exceptional Talent initial application has been decreased by over a hundred pounds, from £293 to £152. Therefore, it clear the Home Office is in favour of business related visa applications compared to family based applications and settlement applications. The Home Office is happy for Applicants to enter the UK to work or investment, but are less supportive of Applicant’s who wish to settle or start a family in the UK. *It is to be noted that the Tier 1 (General) route is closed, however [family members](https://web.archive.org/web/20190724182123/https://www.gov.uk/tier-1-general/family-members) can still apply to join existing Tier 1 (General) migrants in the UK. From 6 April 2018 the Tier 1 (General) category will be closed to all settlement applications. ## Why it is important to ensure the correct Home Office Visa Fees are paid We recommend that Applicants seek legal advice before submitting any UK Visas and Immigration application to the Home Office. This is because Home Office application fees are non-recoverable in circumstances where an application has been refused. It is crucial that Applicants submit properly executed applications that meet the UK's stringent Immigration Rules and  have the requisite supporting documents. UK visa applications are often rejected for paying the incorrect application fees and the applications are rendered invalid. An invalid application could make an Applicant an over-stayer if the application was submitted close to the visa expiry date. It is very important to ensure that the correct application fees are checked and paid for the application submitted to the Home Office. ## Using Legal Representation to submit a successful UK Visas and Immigration Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visas and Immigration application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK British Registration application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit a successful UK Visas and Immigration Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [Our offices are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Overcoming the Genuineness Requirement in your Standard Visitor Visa Application Source: https://immigrationandvisasolicitors.co.uk/genuineness-standard-visitor-visa/ *Since the transition from the former General Visitor Visa to the current [Standard Visitor Visa](https://www.gov.uk/standard-visitor-visa), the Home Office has adopted a strict approach in granting Visit Visa applications to the UK. The main obstacle for Applicants is their ability to provide adequate evidence to demonstrate that they are in fact genuine visitors and there is a genuine intention to return to their country of residence. The success rate for Standard Visitor Visa applications is low, especially where applications have been prepared without the correct guidance. Whilst there are no [statutory appeal](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/650440/right-of-appeal-v6_0.pdf) rights for Standard Visitor Visa applications there are possible avenues to challenge an unfair refusal.      * ## Eligibility Requirements for a Standard Visitor Visa Application Whilst there has been a transition from the General Visitor Visa to the Standard Visitor Visa category, there have been no major changes in the requirements. However, it could be argued since the transition the Home Office has embraced a strictly objective approach in its assessment of Standard Visitor Visa applications. To meet the requirements of UK Standard Visitor Visa: - You must be at least 18 years old. - You should be able to show that you are of good character and there hold no unspent convictions. - You must plan to visit the UK for a maximum of 6 months and leave at the end of that period (unless you are applying for a long-term Standard Visitor Visa). - You must be able to show that you have enough money to support your stay in the UK and be able to accommodate yourself. It is strongly recommended legal advice is sought prior to submitting a Standard Visitor Visa application. Applicants with adverse immigration history are more likely to have their applications scrutinised by a Home Office Entry Clearance Officer. Notably, it is important to be aware that the more refusals Applicants have to their name the more likely it is that their application will be refused on the grounds of genuineness. ## Meeting the Genuine Visitor and Genuine Intention to Return in your Standard Visitor Visa Application The main obstacle many Applicants face is overcoming the Genuine Visitor and Genuine Intention to return requirement required under paragraph [V 4.2 of the Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules) Appendix V Visitor Rules. The Home Office has published [Policy Guidance](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/673351/Visit-guidance-v7.0EXT.PDF) on what information they will consider but have not provided specific guidance on how to meet this requirement.  The main issues the Home Office are likely to assess when assessing the Genuine Visitor and Genuine Intention to return requirement are noted below: - Previous immigration history and purpose of visit; - Links to the country of residence especially long-term connections; and - Lack of links to the UK, an Applicants ties and connections to the UK should not outweigh personal ties and connections to their country of residence. It is important Applicants are able to show significant family and economic ties to their country of residence. In recent times the Home Office has started to examine supporting documents in greater detail and has been more objective in assessing the genuineness of application. When assessing supporting documents the Home Office will be looking for discrepancies within the documents and potential issues with credibility. This is why it is imperative that your application is prepared by a specialist immigration solicitor. The bigger issue for Applicants is that once you provide a document to the Home Office it will be copied and retained on their system and could be referred to in future applications. Our solicitors and barristers have a proven method of submitting successful UK Standard Visitor Visa applications to the UKVI and are proud of our very high success rate with UK visa applications. ## Challenging an unfair refusal of your Standard Visitor Visa Application There is no Statutory Right of Appeal for Standard Visitor Visa applications but this does not mean an unfair and unreasonable decision cannot be challenged. In some circumstances, a refusal may be appealed on the European Convention of Human Rights (ECHR) but this is very rare. The main remedy for an unfair or erroneous refusal is a [Judicial Review Application](https://immigrationandvisasolicitors.co.uk/ukvi-home-office-immigration-appeals-judicial-review/). Judicial Review applications are costly and complex, therefore, it is recommended that a specialist Immigration Solicitor and Barrister are instructed to prepare the Judicial Review Application. Applicants could face cost consequences if they submit a Judicial Review Application which lacks in merit. ## Using Legal Representation to submit a Standard Visitor Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Standard Visitor Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Standard Visitor Visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Standard Visitor Visa application meets the Immigration Rules. ## Successful Standard Visitor Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Standard Visitor Visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Standard Visitor Visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Standard Visitor Visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Immigration Statistics: Significant Home Office delays for UK Immigration Appeals Source: https://immigrationandvisasolicitors.co.uk/uk-immigration-appeals/ *The latest UK Immigration statistics highlight the significant Home Office delays in processing times for UK Immigration Appeals. Over the past year, Applicants have waited on average 12 months for their UK Immigration Appeal to be processed. It is therefore extremely important that Applicants ensure their UK Visa applications are prepared as strongly as possible to give it the greatest chance of being granted the first time around and avoid having to go through the lengthy and costly appeals process.  * ## What the latest UK Immigration Statistics say about the Home Office delays in processing times for UK Immigration Appeals The most recent statistics in regard to UK Visas and Immigration demonstrate that processing times for UK Immigration Appeals against Home Office decisions has increased by 45% over the last year. This means that Applicants are now being forced to wait an average of almost a year for a decision to be made on their UK Immigration Appeal compared to the 31 week average waiting time the previous year. Figures also demonstrated that 50% of those appeals were successful. Further, in response to a [Written Question](https://web.archive.org/web/20200814072334/https://www.parliament.uk/business/publications/written-questions-answers-statements/written-questions-answers/?page=1&max=20&questiontype=AllQuestions&house=commons%2Clords&use-dates=True&member=4517&dept=54&keywords=immigration) regarding the length of processing times for UK Immigration Appeals, the Justice Minister, Lucy Frazer, recently commented that: > *“The average clearance time, which is measured from receipt of an appeal to its conclusion, went up between 2015-16 and 2016-17 because of the Tribunal significantly reducing its outstanding caseload and clearing older cases during that period. Outstanding caseload has now reduced from 64,800 in June 2016 to 35,100 at the end of December 2017”.* Campaigners argue that these extended waiting times are leaving already vulnerable people and their families facing long periods of uncertainty and are victim to poor decision making at every stage of the process. This in turn could end up having an impact on their health. Sadly, it appears that the Home Office is aware of these issues but is unwilling to make an changes to ease the process. This is because the increased time for an appeal to be processed is argued to be as a result of the Government’s hostile environment policy towards immigration in the UK by deterring migrants from lodging appeals against negative Home Office decisions. The number of UK Immigration Appeals that have been lodged as also significantly decreased from 25,000 in 2014 to just 7,000 last year which unfortunately demonstrates that the Government’s plan is working. ## What is the purpose of UK Immigration Appeals? When a UK Visa application has been refused by the Home Office, Applicants may be given a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) or if not an administrative review, in order to challenge the Home Office’s decision. Home Office decisions that may be challenged on appeal are: - When an asylum claim or humanitarian protection claim has been refused; - When a human rights claim has been refused; - A decision under the European Economic Area (EEA) Regulations, i.e. when the Home Office has decided to deport or refused to issue a residence document; - Revocation of protection status; and - Revocation of British citizenship. Depending on what application was refused, Applicants may be given an in-country right of appeal or out of country right of appeal. If the appeal is won, the Home Office will revise its original decision. In some circumstances, it may be necessary to challenge a decision by way of a [Judicial Review](https://web.archive.org/web/20171015060622/https://immigrationandvisasolicitors.co.uk/immigration-judicial-review-application/), but this is only the ‘last resort’ when all other appeal options have been exhausted. ## Using Legal Representation to lodge UK Immigration Appeals Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit UK Immigration Appeals. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Immigration appeal succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Immigration appeal meets the Immigration Rules. ## Successful UK Immigration Appeals [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Immigration appeal before your matter even reaches the Home Office. We can assist you with the preparation and submission of your UK Immigration appeal. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key for successful UK Immigration Appeals. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Successful Naturalisation Application with LEXVISA Source: https://immigrationandvisasolicitors.co.uk/successful-naturalisation-application-lexvisa/ *Our team of expert solicitors received some wonderful news that a client (the Applicant) had been granted British Citizenship. We had previously been instructed by the Applicant to prepare her EEA Permanent Residence application. The Applicant had contacted us for the second time informing us that she would like to instruct us to prepare her Naturalisation application in order to register as a British Citizen. Upon instruction, our specialist immigration team successfully prepared the application and received a decision on the application within 4 weeks from the date of submission. * ## Naturalisation Application: Background The Applicant was a Bulgarian national who first entered the UK as an EEA national exercising her Treaty Rights. We had initially prepared her EEA Permanent Residence application showing that she had been exercising Treaty Rights for a period of 6 years. The advantage of showing exercise of Treaty Rights for 6 years is that if the application is granted, Applicants can apply for a British Citizenship without having to hold the EEA Permanent Residence card for 12 months.  Once the Applicant acquired her EEA Permanent Residence card she instructed our immigration team to prepare her Naturalisation application. ## Eligibility for a Naturalisation Application under the British Nationality Act 1981 Those wishing to submit a Naturalisation application must ensure they meet the requirements under the British Nationality Act 1981.  In order to submit a successful Naturalisation Application, Applicants must ensure they meet the following requirements: - Applicants must be of sound mind and have good character; - Applicants must intend on making the UK their main place of home and should be able to show some personal ties and connections to the UK; - Applicants must have sufficient knowledge of English Language & Sufficient knowledge of life in the UK; and - Applicants must meet the residency requirements and must not have absences from the UK exceeding 450 days in the qualifying period. It is recommended those who wish to submit a Naturalisation application give us a call on +442030110276 for a free telephone case assessments so can consider with you the requirements for a successful application. ## Good Character Requirement in a Naturalisation application In this particular case during the document review process, our solicitors had discovered the Applicant had received numerous speeding and parking tickets. She had also been issued with Penalty points on her Drivers Licence. Due to the large volume of tickets received this was a concern as the Home Office could have potentially relied on the tickets to refuse the application on the Good Character Requirement. Notwithstanding, it is crucial all information is disclosed to the Home Office. A failure to disclose a material fact could result in an application being refused and Applicants being barred from submitting future applications. The key to a successful naturalisation application where there are concerns regarding the Good Character Requirement is submitting detailed submissions mitigating the issues and relying on case law precedents. “Good character” is not defined in the [British Nationality Act 1981](http://www.legislation.gov.uk/ukpga/1981/61), so there is no statutory guidance for its interpretation in a British Nationality Application. In general, it means respecting the rights and freedoms of the UK, observing the law and fulfilling their duties and obligations as a resident of the UK. ## How we can assist submit a successful Naturalisation Application We prepare our Naturalisation applications with a great amount of detail ensuring all the requirements under the British Nationality Act 1981 are met. We have a proven method of submitting successful Naturalisation applications to the Home Office ensuring the best results for our clients. It is imperative the correct supporting documents are submitted with a Naturalisation application. Without sufficient mandatory and supporting documents, it is likely your application may be delayed and later refused. It is not uncommon for underprepared applications to suffer severe delays. For every Naturalisation application, we are instructed on our Solicitors prepare a bespoke documents list outlining all the necessary documents required for a successful Naturalisation application. Following this our Solicitors provide multiple substantial reviews of the documents ensuring all the documents are in the correct format and meet the Home Office requirements.  Our solicitors successfully guide Applicants through the application process and prepare detailed legal representations, which directly tackle all the issues, involved in the application and outline how the requirements under the British Nationality Act 1981 are met. In addition to the legal representations, our team of solicitors prepare and assist with the completion of the [AN Naturalisation](https://www.gov.uk/government/publications/application-to-naturalise-as-a-british-citizen-form-an) application form. ## Using Legal Representation to Submit a Naturalisation Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your Naturalisation application.  It is possible to instruct an immigration and visa legal representative to submit a Naturalisation application. Caseworkers at the Home Office are trained to reject Naturalisation applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Naturalisation applications succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Naturalisation application meets the requirements under the British Nationality Act 1981. ## Successful British Naturalisation Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Naturalisation application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Naturalisation application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Naturalisation application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # What is the Tier 1 Entrepreneur Visa and who should apply? Source: https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa-lexvisa/ *The Tier 1 Entrepreneur visa is designed for high net worth business people who wish to come to the UK to establish or taking over an existing business. If you wish to submit a successful Tier 1 Entrepreneur visa application it is crucial you are familiar with the Immigration Rules and Policy Guidance. The key consideration for a successful Tier 1 Entrepreneur visa application is the ability to demonstrate genuine intention as well as showing the credibility of the business in question. * ## What is a Tier 1 Entrepreneur Visa? The Tier 1 Entrepreneur visa is an application made under the Points-Based System (PBS). The Tier 1 Entrepreneur visa allows business people to come to the UK to establish or take over an existing business in their specialist field. When considering Tier 1 Entrepreneur visa applications the Home Office apply the Immigration Rules strictly with little room for flexibility. It is important to note every requirement must be met with sufficient documentary evidence. More importantly, Applicants should be familiar with the Policy Guidance as this document further elaborates on the rules and provides vital information on the Immigration Rules. It is important your Tier 1 Entrepreneur Visa application is prepared as strongly as possible to ensure it has the best chance of success. The main obstacle for this particular application is meeting the financial requirement and Genuine Entrepreneur Test. In order to submit a successful Tier 1 Entrepreneur Visa application, contact our business immigration team for a free telephone case assessment. ## How to apply for a Tier 1 Entrepreneur Visa? The relevant rules for a *Tier 1 Entrepreneur Visa application can be found under Paragraph 245D of the Immigration Rules. In addition to Paragraph 245D, Appendix A, B and C must be considered.  Applicants are required to score 95 points for a successful Tier 1 Entrepreneur Visa application. Applicants will be awarded points for the following:* - 75 points for meeting the Attributes requirement; - 10 points for meeting the Maintenance requirement; and - 10 points for meeting the English language requirement. To further elaborate on the requirements Applicants must show genuine intention to establish or take over an existing business in the United Kingdom. Applicants must also demonstrate that they have £200,000 readily and available to invest. The funds *must have been held in the Applicants name for a consecutive 90 day period and must be held in a regulated financial institution. *Applicants must also demonstrate that they meet the English Language requirement and are able to maintain and accommodate themselves in the UK. It is also important for Applicants to satisfy the Genuine Entrepreneur Test (more information on this requirement provided below). ## Can I Switch into a Tier 1 Entrepreneur Visa? The simple answer is yes. Applicants who have valid immigration status in the United Kingdom can switch into this visa category if they can meet the requirements. Unfortunately, Applicants on tourist visas cannot switch into the Tier 1 Entrepreneur Visa category within the United Kingdom and an Entry Clearance application must be submitted. ## What is the Tier 1 Genuine Entrepreneur Test? Since January 2013 Applicants must now meet the Tier 1 Genuine Entrepreneur Test. Whilst there is little reference to the Tier 1 Genuine Entrepreneur Test in the Immigration Rules. In our experience, the Tier 1 Genuine Entrepreneur Test is a vital part of the application process. A failure to provide sufficient documentary evidence showing that you are genuinely seeking to establish a viable business or take over an existing business will result in your application being refused.  The Home Office will apply the Tier 1 Genuine Entrepreneur Test by carrying out a detailed assessment of the following: - Firstly, the Home Office will assess the application to see whether the application is credible and genuine. - If the first part is met the Home Office will then move onto the viability of the business. We have previously written about the Tier 1 Genuine Entrepreneur Test in greater detail and you can read our article here on “[Overcoming the Tier 1 Genuine Entrepreneur Test](https://immigrationandvisasolicitors.co.uk/tier-1-genuine-entrepreneur-test/)”. ## What is the Home Office Tier 1 Entrepreneur Visa Interview? It is not unusual for the Home Office to invite Applicants to attend a Home Office interview. The purpose of the interview is for the Home Office to assess the Applicants knowledge of their business. The Home Office would also ascertain more information about the Applicants background and future plans. It is important for Applicants to be well prepared and to have a broad understanding of their business activity, business model and most importantly in-depth knowledge of their business plan. For more information on the Tier 1 Entrepreneur visa interview please see our previous article on “[successfully overcoming the Home Office Tier 1 Entrepreneur Interview](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-interview/)”. ## Using Legal Representation to submit a successful Tier 1 Entrepreneur Visa application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 1 Entrepreneur Visa. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Entrepreneur Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit a Tier 1 Entrepreneur Visa application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a [Tier 1 Entrepreneur](https://www.gov.uk/tier-1-entrepreneur) Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Tier 1 Entrepreneur Visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 1 Entrepreneur Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # What is a Spouse Visa under the UK Immigration Rules? Source: https://immigrationandvisasolicitors.co.uk/uk-spouse-visa/ *The UK Spouse Visa allows nationals from outside the European Economic Area (EEA) and Switzerland who are married or in a Civil Partnership to British nationals or those who hold settled status in the UK to enter or remain in the UK with their partner. LEXVISA’s Immigration Team has a 100% [success](https://immigrationandvisasolicitors.co.uk/entry-clearance-spouse-visa/) rate with UK Spouse Visa applications and whilst every case is decided by the Home Office on its own merit, we prepare all of our applications as strongly as possible in order to give our client's the greatest chance of success. * ## What is a UK Spouse Visa? The UK spouse visa allows the non-EEA spouse or civil partner of a British national, or person with settled status in the UK, to enter or remain in the UK with their partner. Applicants can make an Entry Clearance application if they are outside the UK and wish to join their spouse or civil partner in the UK. If the Applicant is already in the UK, they can apply to ‘switch’ into the family life route as the spouse or civil partner of a British national, or person settled in the UK, by making a further leave to remain application from within the UK. Family life under [Appendix FM](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members) of the Immigration Rules provides two routes to UK settlement as the spouse of a British national or person who is present and settled in the UK. The 5-year route as a spouse is for those who meet all of the relevant suitability and eligibility requirements of the Immigration Rules at every application stage. The 10-year route as a spouse is for those who meet all of the suitability requirements, but only certain eligibility requirements. The initial grant of leave under the UK spouse visa route is 2.5 years. ## What is the Financial requirement for a UK Spouse Visa? In order to satisfy the financial requirement for a UK spouse visa application, Applicants must be able to demonstrate that they can be adequately maintained in the UK without recourse to public funds. Entry Clearance applications must only rely on the Sponsor’s finances, whereas leave to remain applications may rely on either the Applicant’s finances, the Sponsor’s finances or both combined. The minimum income threshold can generally be met in the following 5 ways: - Income from salaried or non-salaried employment of the Sponsor (and/or the Applicant if they are applying for leave to remain) earning a minimum of £18,600 per annum; or - Non-employment income, e.g. income from property rental or dividends from shares; or - Cash savings of the Sponsor (and/or the Applicant if they are applying for leave to remain) which amounts to at least £62,500 and is held by the Sponsor (and/or the Applicant if they are applying for leave to remain) for at least 6 months and is under their control; or - State (UK or foreign), occupational or private pension of the Sponsor (and/or the Applicant if they are applying for leave to remain); or - Income from self-employment and income as a director or employee of a specified limited company in the UK, of the Sponsor (and/or the Applicantif they are applying for leave to remain). If the Applicant is making an application and is applying with one dependent child, then the minimum financial threshold is £22,400 per annum. For every additional child thereafter an additional £2,400 per child will be added to the £22,400 per annum threshold. ## How can I meet the Accommodation requirement for a UK Spouse Visa? Applicants must provide evidence that they have adequate accommodation in the UK without recourse to public funds. The Immigration Rules do not specify the level of income or amount of funds sufficient for ‘adequate’ maintenance. This requirement is case specific and depends on the number of dependants in the family unit. If the Applicant has any dependants who are going to accompany them to, or remain with them in the UK, then sufficient resources must be available for the whole family unit to be adequately maintained, regardless of their nationality or immigration status. Applicants will also need to provide evidence as to the basis of which the accommodation is or will be owned or occupied by the family unit. Accommodation will not be deemed as adequate if it is or will be overcrowded or if it breaches public health regulations. ## Which ways can I satisfy the English Language requirement for a UK Spouse Visa? Spouse visa Applicants must satisfy the [English Language](https://www.gov.uk/uk-family-visa/knowledge-of-english) requirement by one of the following: - be the national of a majority English speaking country; or - sitting an approved English Language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference for Languages (CEFR) with a Home Office approved test provider; or - have an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK. If the degree or PhD is awarded outside the UK, it must be deemed by UK NARIC to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and UK NARIC must confirm that the degree was taught or researched in English to level A1 of the CEFR or above. There are also some [exemptions](https://www.gov.uk/uk-family-visa/knowledge-of-english) to meeting the English Language requirement. Furthermore, nationals from certain countries will also be required to take a tuberculosis (TB) test. If the TB test shows that the Applicant does not have TB, they will be given a certificate which is valid for 6 months which will then need to be included in their UK  spouse visa application. ## How can I extend my UK Spouse Visa? UK spouse visa extension applications can be made in or outside of the UK. The requirements for a spouse visa extension application are similar to the requirements of the initial spouse visa application. Applicants must be able to demonstrate that they are continuing to be in a genuine and subsisting marriage with the Sponsor, show they can still meet the financial requirement through whichever applicable avenue and that the Applicant and any dependants are still accommodated for without recourse to public funds. Spouse visa extension Applicants will also need to satisfy the English Language requirement at Level A2 CEFR, as is required for UK spouse visa extension applications since May 2017. ## Can I switch to a UK Spouse Visa from a different visa category? Applicants are able to switch into the spouse visa route from another visa category in the UK. For example, it is possible to switch from a Tier 2 (General) visa into the UK spouse visa or switch from a Tier 4 (Student) visa into UK spouse visa. In order to switch to the spouse visa, Applicants need to ensure they meet the Home Office’s [stringent requirements](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/). Applicants should be aware that if they eventually wish to apply for Indefinite Leave to Remain (also known as settlement) in the UK, then they need to be aware that visa routes cannot be combined for the length of stay in the UK. For example, Applicants who have completed 3 years on a Tier 4 (Student) visa and then 2.5 years on the spouse visa route, they will not have fulfilled the 5-year settlement route. ## Using Legal Representation to Prepare a UK Spouse Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Spouse Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Spouse Visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Spouse Visa application meets the Immigration Rules. ## Successful UK Spouse Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Spouse Visa application before your matter even reaches the Home Office UKVI department. We can assist you with the preparation and submission of your UK Spouse Visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your UK Spouse Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # The Perks of applying for a Tier 1 Investor Visa Source: https://immigrationandvisasolicitors.co.uk/applying-tier-1-investor-visa/ *The Tier 1 Investor visa was introduced to attract high net worth individuals who wish to relocate to the United Kingdom. The Tier 1 Investor visa is a Point Based System (PBS) application made under the Immigration Rules. The sole purpose of the Tier 1 Investor visa is to enable to high net worth business people to establish a presence in the UK. There are many benefits for Applicants who acquire a Tier 1 Investor visa such as early accelerated settlement rights. Unlike the other business-related applications, the Tier 1 Investor visa application has no maintenance or English language requirement. * ## What is a Tier 1 Investor Visa? The Tier 1 Investor visa category is for overseas business people who wish to make a substantial financial investment in the UK. The Tier 1 Investor visa allows Applicants to invest in UK Government Bonds, Share Capital or Loan Capital in active and trading UK registered companies. A key attraction for the Tier 1 Investor visa is the rights given to the dependents of the Tier 1 Investor. A Tier 1 Investor can apply for his/her immediate family members to accompany him/her in the UK and potentially share settlement rights. It is important your Tier 1 Investor application is prepared as strongly as possible to ensure it has the best chance of success. A Tier 1 Investor visa application must be prepared watertight as there is a limited number of Tier 1 Investor visas issued every year by the Home Office. The main obstacle for this particular application is the control and source of funding (please see below for more information). In order to submit a successful Tier 1 Investor application, contact our business immigration team for a free telephone case assessment. ## How to apply for a Tier 1 Investor Visa? The relevant rules for a Tier 1 Investor visa application can be found under Paragraph 245E of the Immigration Rules. In addition to Paragraph 245E of the Immigration Rules, the relevant Appendixes must be considered as well as the Home Office Policy Guidance. If you wish to apply for a Tier 1 Investor Visa, you must be a national of a country from outside the [European Economic Area ](https://www.gov.uk/eu-eea)and Switzerland and must have a minimum of £2,000,000 to invest in the UK. You may be able to apply from within the UK (please see below). Applicants must also meet the following eligibility criteria: - you must be 18 or over; - you must be able to provide evidence that the money belongs to you, your spouse or partner; - you must have opened a UK bank account; - your funds must be held in one or more regulated financial institutions; and - your funds must be free to spend (‘disposable’) in the UK. Applicants and dependents aged 18 or above must submit an overseas criminal record certificate with their Tier 1 Investor visa application. Applicants must provide an overseas criminal record certificate for any country an Applicant has been present in continuously or cumulatively for 12 months or more, in the 10 years prior to the date of the application. ## Is there a Maintenance or English Language Requirement for a Tier 1 Investor Visa application? Unlike other business related applications Tier 1 Investor visa Applicants are not required to meet an English language requirement or maintenance requirement. ## How long is a Tier 1 Investor Visa valid? The Tier 1 Investor visa is valid for 3 years and 4 months and an application to extend leave under this category can also be made. ## Can I Switch into a Tier 1 Investor Visa? Yes, it is possible to submit an application within the United Kingdom to switch into the Tier 1 Investor visa category. In order to successfully switch into the Tier 1 Investor visa Applicants must have valid leave in the United Kingdom at the time of their UK Visas and Immigration application. Popular switching categories are as noted below: - Highly Skilled Migrant to Tier 1 Investor visa; - Tier 1 General or Tier 1 Entrepreneur to Tier 1 Investor; - Any Tier 2 visa to Tier 1 Investor; or - Tier 4 General to Tier 1 Investor (subject to conditions in the Policy Guidance). It should be noted however, Applicants on tourist visas or standard visitor visas cannot switch into the Tier 1 Investor category within the United Kingdom and an Entry Clearance application must be submitted. ## What are the key considerations for a Tier 1 Investor Visa? The key considerations for Applicants to submit a successful Tier 1 Investor visa application demonstrate the source and control of funds. Applicants must be able to show that the minimum investment amount of £2 million is ready and available. The funds must have been held for a minimum of 3 consecutive months. If the funds have not been held for 3 consecutive months Applicants are then required to provide evidence of the source of funding. The Home Office will then carry out an assessment to decide whether the funds are credible and genuinely available. The Home Office must have no reason to suspect that the funds available are not under the control of the Applicant. The funds must be freely available and must not be acquired unlawfully or have any association with any unethical or unlawful activity. ## How to apply for early settlement under the Tier 1 Investor Visa? Tier 1 Investors can apply for settlement also known as Indefinite Leave to Remain in the United Kingdom after 5 years of continuous leave under the Tier 1 Investor visa route. It is important to note Applicants cannot combine leave under different categories when applying for Indefinite Leave to Remain under the Tier 1 Investor visa route. The Home Office has acknowledged the importance of foreign investment in the United Kingdom. To reward Tier 1 Investors who make significant investment improving the economy and prosperity it has introduced an Accelerated Settlement option for Tier 1 Investors. The purpose of introducing an Accelerated Settlement is to encourage overseas migrants to invest and settle in the United Kingdom. Applicants will be eligible for Accelerated Settlement if they can show the following: - Investment has been in the United Kingdom by way of UK Government Bonds, Share Capital or Loan Capital in active and trading UK registered companies; - Applicants who wish to apply for the Accelerated after 2 years must demonstrate a minimum investment of £10 million; or - Applicants who wish to apply for the Accelerated after 3 years must demonstrate a minimum investment of £5 million; or - Applicants wish to apply using the standard Indefinite Leave to Remain (5 years) route must demonstrate a minimum investment of £2 million. Applicants can apply for Indefinite Leave to Remain up to 28 days before reaching the qualifying period. ## Using Legal Representation to submit a successful Tier 1 Investor application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 1 Investor Visa. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Investor application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit a Tier 1 Investor application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 1 Investor application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Tier 1 Investor application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 1 Investor application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Adult Dependent Relative Visa Success Story Source: https://immigrationandvisasolicitors.co.uk/adult-dependent-relative-visa-2/ *This week we received the amazing news that our client’s (“the Applicant”) Adult Dependent* *Relative Visa had been granted. The UK Adult Dependent Relative Visa is a notoriously difficult visa to be granted since the Home Office introduced more stringent requirements for the visa in 2012. However, our Immigration Team and Solicitors prepared the application and accompanying legal representations as thoroughly and persuasively as possible in order to give it the greatest chance of success. * ## The Case for an Adult Dependent Relative Visa The Applicant is a Ukrainian national and over the age of 65. Due to traumatic events in her life which led to a stroke and subsequent health issues, the Applicant decided to apply for the Adult Dependent Relative Visa to join her family in the UK. This is so that she could come to the UK and her daughter, a British citizen, could provide her with the long-term personal care that she requires. In our initial consultation, our specialist Immigration Solicitors assessed the Applicant’s circumstances and judged whether her she would meet the stringent requirements for the Adult Dependent Relative Visa. The Applicant was also advised on the likelihood of success with this type of application and that the introduction of the new Immigration Rules in 2012 meant that it was likely that the application would be refused and possibly granted on appeal. ##  Why is it so difficult to get an Adult Dependent Relative Visa? In a December 2016 Home Office [review](https://www.gov.uk/government/publications/adult-dependent-relatives-review), it found that prior to July 2012; there was an average of 2,325 Adult Dependent Relative Visas that were granted per year. However, at the date of this Home Office review, this figure had significantly dropped to an average of 162 per year which also includes successful appeal decisions. This is because, from July 2012, the Home Office introduced new [stringent](https://immigrationandvisasolicitors.co.uk/adult-dependent-relative-visa-requirements/) requirements for Adult Dependent Relative Visas. The main aim was said to reduce burdens on the UK taxpayer in respect of significant NHS and social care costs, but the changes also had other implications, however, this was introduced whilst Theresa May was Home Secretary. During this period, Mrs May’s ambition was to create a hostile immigration environment in the UK in order to significantly reduce the UK’s net migration figure. As a result, family migration was heavily affected. For instance, the UK’s old Immigration Rules, under section 1(4) of the Immigration Act 1971, allowed Applicants to submit their Adult Dependent Relative Visa application from within the UK whilst on a visitor visa. Figures from March 2011 demonstrate that of the 2,325 Adult Dependent Relative Visas that were granted, an overwhelming majority of them were made in country.  Further, there was an expectation of settlement in the UK for a parent or grandparent aged 65 or over where they were financially dependent on their UK Sponsor, subject to the provision by the Sponsor of a 5-year undertaking that they could maintain and accommodate the Applicant without access to public funds. Yet, this was to come to an abrupt end with the instruction of the UK’s new Immigration Rules and stringent requirements. ## What are the Requirements for the Adult Dependent Relative Visa? Since July 2012, the requirements that need to be satisfied in order to be granted Indefinite Leave to Remain as an Adult Dependent Relative are outlined in section E-ECDR 2.1 to 2.5 of [Appendix FM](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members) of the Immigration Rules. Some of the main requirements for an Adult Dependent Relative Visa are that: - the Applicant must be aged 18 years or over; - the Applicant must be the parent, grandparent, brother, sister, or child of the UK Sponsor; - the Sponsor must be aged 18 years or over and either be: i. a British citizen in the UK; or ii. present and settled in the UK; or iii. in the UK with refugee leave or humanitarian protection - the Applicant, as a result of age, illness or disability, requires long-term personal care to perform everyday tasks; - the Applicant must be unable, even with the practical and financial support of the Sponsor, to obtain the required level of care in the country where they are living because it is either not available and there is no person in that country who can reasonably provide it or because it is unaffordable. ## Significant Adult Dependent Relative Visa Case: Britcits v Secretary of State for the Home Department [2017] EWCA Civ 368 There is a lack of case law on the interpretation of the new Adult Dependent Relative Visa rules since 2012. The most prominent case, however, is that of *[Britcits v Secretary of State for the Home Department [2017] EWCA Civ 368](http://www.bailii.org/ew/cases/EWCA/Civ/2017/368.html)*. Britcits (“the Appellant”) is a charity in the UK which represents the interests of Adult Dependent Relative Visa Applicants and Sponsors who have been affected by the change in the Immigration Rules on family migration. The Appellant argued that the July 2012 Immigration Rules are unlawful for 3 main reasons and that the new rules are far from straightforward and are designed for the application to fail. > “*If the UK citizen can afford to accommodate and provide the necessary care for the parent, then the citizen will virtually always be able to purchase the provision of such care by a home-help, housekeeper, nurse, carer or care or nursing home”.* It was also submitted by the Appellant’s representative that there was no acknowledgement of the psychological and emotional needs of a parent and which cannot be relied on by a paid carer.  * * Whilst the Court of Appeal dismissed the challenge by the Appellant, the Judge did find that the rules could be interpreted more generously. In particular, it held that the question of whether care can “reasonably” be provided allows for arguments about the emotional needs of the relative in question. The [latest](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636612/Appendix_FM_6.0_Adult_Dependent_Relatives_August_2017_final.pdf) Home Office Guidance for Adult Dependent Relative visas takes this into consideration. ## Using Legal Representation to apply for an Adult Dependent Relative Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make an Adult Dependent Relative Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Adult Dependent Relative Visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Adult Dependent Relative Visa application meets the Immigration Rules. ## Successful Adult Dependent Relative Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Adult Dependent Relative Visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Adult Dependent Relative Visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful Adult Dependent Relative Visa applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # What is the Tier 5 Youth Mobility Scheme Visa and Who Should Apply?   Source: https://immigrationandvisasolicitors.co.uk/tier-5-youth-mobility-scheme/ *The Tier 5 Youth Mobility Scheme Visa has been a popular entry route to the UK over the years. It is a visa category that is governed by the Immigration rules and it is a Point Based System visa. Unlike other visas, this unique visa was introduced for a particular group of people. The Tier 5 Youth Mobility Scheme Visa allows nationals of some counties to apply for Entry Clearance to the UK. Once granted Entry Clearance Applicants can live and work in the UK for a period of 2 years. It is crucial the timing of a Tier 5 Youth Mobility Scheme visa application is planned properly because one an allocation has been filled there will be no further grants of the visa until the next allocation.    * ## Who can apply for a Tier 5 Youth Mobility Scheme Visa? The Tier 5 Youth Mobility Scheme Visa is only open to nationals of 8 countries.  Each country has its own annual allocation. The annual allocation quota can be found under [Appendix G](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-g-youth-mobility-scheme) of the rules. Please see below for a list of countries you can benefit from this visa and their annual allocation: - Australia - 34,000 places - New Zealand - 14,000 places - Canada - 6,000 places - Japan - 1,000 places - Monaco - 1,000 places - Taiwan – 1,000 places - South Korea - 1,000 places - Hong Kong - 1,000 places Applicants should apply for this visa as early as possible. The Home Office will not grant a Tier 5 Youth Mobility Scheme visa if the annual allocation has been filled even if you meet all the requirements listed under the Immigration Rules. ## How to apply for a Tier 5 Youth Mobility Scheme Visa? The Tier 5 Youth Mobility Scheme visa is for a young people aged between 18 to 30.  In order to be granted the visa Applicants must score 50 points under the Points Based System.  To be awarded 50 points the following conditions must be met across 3 different categories: - First Applicants must meet the nationality requirement (worth 30 points); - Secondly, Applicants must meet the age requirement (worth 10 points); and - Thirdly Applicants must meet the maintenance requirement (worth 10 points). To be awarded 30 points for nationality you must be from one of the countries listed under [Appendix G](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-g-youth-mobility-scheme) of the rules. You will be awarded a further 10 points if you are aged between 18 to 30 years. Lastly, you will be awarded 10 points if you can show that you have personal savings in the sum of £1890. The funds in question must have been held for 90 consecutive days with the last date ending no more than 31 days before the submission date of the application. The earliest Applicants can apply for this visa is 6 months before the date of travel. The standard processing time for this visa is 3 weeks but a decision may be delayed if the Home Office is experiencing a high volume of applications. ## What to do once your Tier 5 Youth Mobility Scheme visa is granted? If your visa application is successful you will be granted Entry Clearance to the UK for 2 years. Once you arrive in the UK you can take up employment (only in some fields), take up self-employment (only in a limited capacity) or study. You will not be permitted to take up employment as a professional sportsperson, a role in the medical profession or dentistry. Applicants will have no recourse to public funds and must register with the Police if this is required by Paragraph 326 of the Immigration Rules. ## Using Legal Representation apply for a Tier 5 Youth Mobility Scheme visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct immigration and visa legal representatives to apply for a visa under the Tier 5 Youth Mobility Scheme in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 5 Youth Mobility Scheme visa, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 5 Youth Mobility Scheme visa meets the Immigration Rules. ## Successfully apply for a Tier 5 Youth Mobility Scheme visa [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 5 Youth Mobility Scheme application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Tier 5 Youth Mobility Scheme visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful Tier 5 Youth Mobility Scheme visa. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Concerns that EEA Nationals could be next Windrush Generation Source: https://immigrationandvisasolicitors.co.uk/eea-brexit-windrush/ *Over the past week, the Windrush scandal has been dominant in the news and in parliament. Theresa May’s hostile environment policy, which she implemented as Home Secretary, has meant that the children of the Windrush generation, who have been in the UK for the majority of their lives and are British, have been issued with notices of deportation and denied access to things such as healthcare benefits. This has understandably caused outrage across the country and beyond, as well as given an indication to the future for EEA nationals in the UK post-Brexit, due to the fact that the hostile immigration environment does not take a subjective approach or recognise the existing rights of individuals who are entitled to be here. * ## What are the concerns for EEA nationals? There are approximately 3.6 million EU nationals living in the UK. The Home Office faces the task of granting each of them settled status in order for them to continue living and working in the UK after Brexit. There are now many concerns that the Home Office is not fit for purpose, especially in the light of the recent Windrush scandal. Co-founder of EU citizens' rights group the3million has [said](https://web.archive.org/web/20190114121514/http://uk.businessinsider.com:80/eu-citizens-theresa-may-hostile-environment-immigration-brexit-2018-4) that; *"the Windrush situation has shown that the Home Office's policy can be quite indiscriminate" *and that *“it raised the level of anxiety among EU citizens by a notch". *This is because of the concern that some EEA citizens will fail to register for settled status or struggle to provide sufficient documentation to prove their residency status in the UK, despite a Home Office insisting that they are *“developing from scratch a new streamlined, user-friendly scheme for EU citizens to safeguard their right to stay in the UK after we leave the EU”*. Further, there is even more concern for EEA nationals because of the fact that the population size of EEA citizens compared with the Windrush generation is a great deal more significant. This means that it is unlikely to be a straightforward and victimless process. It is therefore advised that any EEA nationals in the UK who have not already sought to provide evidence of their right to be in the UK, that they do so as soon as possible by contacting our Immigration Team. ## How can I apply for an EEA Family Permit? Non-EEA Family members or extended family members of EEA nationals may apply for a Family Permit from outside the UK in order to join their EEA family member in the UK. This is on the condition that the EEA family member is either exercising treaty rights or has Permanent Residence in the UK. The EEA Family Permit allows the holder to come to the UK for up to 6 months, in which time they will then need to apply for a Residence Card. The EEA Family Permit is free and you may be refused entry into the UK if you do not have it. ## How can I apply for an EEA Registration Certificate or EEA Residence Card? EEA Registration Certificates and an EEA Residence Cards are formal documents which confirm your right to live in the UK under EU law. You can apply for a Registration Certificate or Residence Card online and from within the UK, which will confirm your residence status in the UK. An EEA Residence Card is usually valid for up to 5 years. However, Residence Cards will not be valid after the UK leaves the EU. Before the new scheme is in place, extended family members will still need a registration certificate. Having either a Registration Certificate or Residence Card will likely make applying for settled status after Brexit more straightforward. ## How can I apply for EEA Permanent Residence? EEA nationals must provide evidence of being a qualified person for 5 years in order to apply for a document certifying Permanent Residence under EC Directive 2004/38. Non-EEA family members may also be eligible to apply for a [Permanent Residence](https://immigrationandvisasolicitors.co.uk/settlement-indefinite-leave-to-remain/) document. In order to apply, the non-EEA family member must demonstrate that he/she is the family member of qualified person. Applicants applying for a Permanent Residence application may be eligible to apply using the [European Passport Return Service](https://www.gov.uk/government/collections/european-passport-return-service). ## Using Legal Representation to make an EEA Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the EEA regulations. ## Successful EEA Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your  application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Standard Visitor Visa Granted After Judicial Review Permission Application Source: https://immigrationandvisasolicitors.co.uk/visitor-visa-granted/ *We received some wonderful news this week that our client (“the Applicant”) has now eventually been granted a Standard Visitor Visa. The Applicant had submitted five previous Standard Visitor Visa applications which had all been refused for similar reasons by the Home Office. In our initial consultation with the Applicant’s brother, we had discussed the issues in his case and merit of submitting a fresh application which would be prepared by our Solicitors. We were instructed that the Applicant had never travelled outside of his home country prior to this application. We knew from the outset that this would be a difficult Standard Visitor Visa application as we had to ensure all the UKVI requirements were satisfied under Appendix V of the Immigration Rules.* ## The case for a Standard Visitor Visa application The Applicant was a Ghanaian national residing in his home country with his wife and young daughter. The Applicant had previously been refused a Standard Visitor Visa on 5 occasions all within a space of 18 months. In our initial consultation with the Applicant’s brother we discussed the issues involved in his immigration matter and how we can assist to overcome these obstacles. After the consultation meeting, our solicitors were instructed to prepare the Standard Visitor Visa application. The main obstacles for the Applicant were showing his ties and connections to his home country and showing adequate funding. It was true that the Applicant had strong ties and connections to the UK as his parents and siblings were settled in the UK. However, these connections were secondary and his primary connections were his wife and daughter in Ghana. ## Successfully Overturning Home Office Decision Our Solicitors guided the Applicant through the application process of submitting a Standard Visitor Visa application and prepared a well-presented application. Our solicitors ensured every pointed raised by the Home Office in the Applicant’s previous Standard Visitor Visa applications were addressed. We ensured that there were enough supporting documents submitted with the application. We had ensured there was sufficient documentation showing the Applicant’s ties and connections to his home country and that the purpose of his visit was simply to visit his parents and siblings. Unfortunately, the Home Office erroneously refused the Applicant’s application. It was apparent that the Home Office did not consider our submissions and the new evidence submitted with the application. The decision was flawed in its entirety. After consulting with one of our senior barristers we decided to challenge the flawed decision as there was no basis to refuse the application. The Applicant was not given a Statutory Appeal Right or any other remedy, therefore, we decided to start [Judicial Review](https://immigrationandvisasolicitors.co.uk/immigration-judicial-review/) Proceedings against the Secretary of State for the Home Department (SSHD). We formally wrote to the Home Office submitting a Pre-Action Protocol letter ensuring we complied with the [Pre-Action](https://web.archive.org/web/20171207195313/http://www.justice.gov.uk:80/courts/procedure-rules/civil/protocol/prot_jrv) stage. Shortly after, we submitted an application for permission to appeal by way of Judicial Review. Within 4 weeks of submitting a permission to appeal application, the SSHD had withdrawn the flawed decision and had taken a fresh decision to grant the Applicant a Standard Visitor Visa. The Applicant was overjoyed with the news that he was now being granted a Standard Visitor Visa. We have been informed that the Applicant will now be spending his summer in the UK with his parents and siblings. The Applicant was grateful and left us the following message of appreciation: > “*I would like to take this opportunity to express my profound gratitude and appreciation to you (Tehkmeed Ejaz) and team Lexvisa for working tirelessly in securing me a Visa to the the Uk. Thanks to Lexvisa i can now visit my family this summer in the UK. You have been professional and dedicated throughout the process. I was always kept informed at the various stages of the process I confess i am very satisfied with the service i have been provided*.” ## Requirements for a Standard Visitor Visa Application You can apply for a UK Standard Visitor Visa application if you wish to travel to the UK for a short period not exceeding 6 months unless you have opted for a long-term Standard Visitor Visa. Applicants can also apply for a long-term UK Standard Visitor Visa application; this will be valid for 2, 5 or 10 years and allows multiple entries to the UK. The UK Standard Visitor Visa has replaced the former General Visit Visa application it is, therefore, important to make your intentions of visiting the UK clear to the Home Office from the outset or you may not be able to demonstrate that you are a genuine visitor and your application may be refused. To meet the requirements of UK Standard Visitor Visa: - Applicants must be at least 18 years old. - Applicants must plan to visit the UK for a maximum of 6 months and leave at the end of that period (unless you are applying for a long-term UK Standard Visitor Visa). - Applicants must be able to show that you have enough money to support your stay in the UK and be able to accommodate yourself. Our solicitors and barristers have a proven method of submitting successful UK Standard Visitor Visa applications to the UKVI and are proud of our very high success rate with UK visa applications. ## Using Legal Representation to Prepare a Standard Visitor Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Standard Visitor Visa Application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Standard Visitor Visa Application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Standard Visitor Visa Application meets the Immigration Rules. ## Successful Standard Visitor Visa Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Standard Visitor Visa Application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Standard Visitor Visa Application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your UK Standard Visitor Visa Application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Human Rights Application for Leave to Remain Outside the Immigration Rules Success Story Source: https://immigrationandvisasolicitors.co.uk/human-rights-application/ *LEXVISA is thrilled to announce that our client (“the Applicant”) has recently been granted Leave to Remain outside the Immigration Rules. The Applicant made a Human Rights Application due to her exceptional circumstances and not being able to satisfy all of the Immigration Rules. Due to the short deadline to submit the Applicant’s application, our specialist Immigration Team worked around the clock to ensure the application was prepared as strongly as possible to give it the greatest chance of success.    * ## The case for a Human Rights Application outside the Immigration Rules The Applicant is a Mexican national and is the spouse of a British citizen present and settled in the UK. The Applicant had been granted an entry clearance spouse visa but when it was time to make her spouse visa extension application, the couple were unable to meet the [minimum income requirement](https://immigrationandvisasolicitors.co.uk/minimum-income-requirement/). Consequently, the Applicant returned to Mexico before the expiry of her initial spouse visa, but then returned to the UK 3 months later on a visitor visa. Whilst the Applicant’s was in the UK as a visitor she realised she was pregnant with twins. Unfortunately, she experienced problems during the pregnancy which led to the twins being born prematurely. Obviously, the Applicant remained in hospital with her twins until they were discharged, but their ongoing health complications required the Applicant to remain in the UK with her two babies in order to facilitate for their nutrition, health, and development. Whilst the Applicant met all of the requirements for a spouse visa, she did not have leave to remain in the UK for a period over 6 months and for this reason may not meet the Immigration Status requirement. The Applicant, therefore, contacted us just before the expiry of her visitor visa and instructed us to prepare her application for further leave to remain outside the Immigration Rules on the basis of her family and private life with her British citizen husband and children and exceptional and compassionate circumstances. ## What is a Human Rights Application outside the Immigration Rules? In exceptional circumstances whereby Applicants do not meet all of the Immigration Rules for their visa application, a Human Rights Application outside the Immigration Rules may be made. This will largely rely on the Applicant’s Article 8 ECHR rights. The relevant [Home Office guidance](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683449/Family-Private-Life-10yr-routes-v1.0ext.pdf) provides that: > *“If an applicant solely for the 10-year private life route does not otherwise meet the requirements of those Immigration Rules, the decision maker must move on to consider whether, in light of all the information and evidence provided by the applicant, there are exceptional circumstances which would render refusal a breach of ECHR Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family. Where there are, leave to remain outside the Immigration Rules should be granted, on a possible 10-year route to settlement”.* Our expert Immigration Team prepares detailed and comprehensive representations to accompany Human Rights Applications outside of the Immigration Rules in order to explain the exceptional and compelling circumstances. If you do not meet all of the Immigration Rules but feel you have exceptional and compelling circumstances as to why you think you should be granted leave outside the rules based on your Article 8 ECHR, then contact our Immigration Team today to book a consultation to discuss your matter further. ## Using Legal Representation to submit a Human Rights Application outside the Immigration Rules Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Human Rights Application outside the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Human Rights Application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application has the greatest chance of success. ## Successful Human Rights Application outside the Immigration Rules [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Human Rights Application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration Application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your UK Standard Visitor Visa Application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Applying for an EEA Residence Card as the Family Member of an EEA National Source: https://immigrationandvisasolicitors.co.uk/applying-eea-residence-card/ *If you are a family member of an EU national you should consider applying for an EEA Residence Card to confirm your status in the UK. Whilst Brexit negotiations are ongoing it remains unclear, what rights will be given to EU nationals and their family members once the UK officially leaves the EU. Whilst the UK Government has suggested that EU nationals will always be welcomed to the UK there has been a lack of clear direction leaving EU nationals in the realms of uncertainty. * ## Who should apply for an EEA Residence Card? If you are a non-EEA national and a family member of an EU national you can apply for an [EEA Residence Car](https://immigrationandvisasolicitors.co.uk/eea-residence-card/)[d.](https://immigrationandvisasolicitors.co.uk/eea-residence-card/)  An EEA Residence Card will confirm your status in the UK and will generally make life easier in the UK. There is no obligation for direct family members such as Spouses to apply for an EEA Residence Card but it is recommended that family members of EEA nationals apply to protect their status in the UK. Despite ongoing Brexit negotiations, it remains unclear what the future holds for EEA nationals and their family members. In addition to the uncertainty, the Home Office has implemented a controversial hostile environment policy. The hostile environment policy has had a massive impact on employers, landlords and banks. Employers and Landlords are now reluctant to employ or rent to individuals who cannot produce a formal EEA document confirming their status in the UK. Employers and landlords who are found guilty of failing to carry out the necessary right to work and right to rent checks will face financial penalties and in some cases may be prosecuted. ## How long will an EEA Residence Card be valid? An EEA Residence Card will be valid for up to 5 years from the date of issue. However, EEA nationals and their family members should be mindful that once the UK officially leaves the European Union EEA Residence cards will no longer be valid. If you hold an EEA Residence Card post -Brexit there will be a new scheme available for EU citizens and their family members to apply to stay in the UK. Due to the high volume of applications being received by the Home Office applications are generally taking longer to be processed and reviewed. We recommend family members or EEA nationals act and protect their status in the UK by applying for an EEA Residence Card. Our solicitors have a proven track record of submitting successful EEA Residence Card applications. ## How to apply for an EEA Residence Card? An EEA Residence Card application is not governed by the UK Immigration Rules and is an application made under the Immigration European Economic Area Regulations 2016. The most important requirement for an Applicant is to demonstrate that he/she falls under the definition given to a family member under Regulations 7 and 8 of the EEA Regulations 2016. Once you have demonstrated that you are a family member you will need to provide evidence that your EEA national family member is present in the UK and is exercising Treaty Rights. For more information on the requirements we recommend, Applicants give our immigration team a call on +442030110276. ## How to Appeal a refusal of an EEA Residence Card If you believe your application for an EEA Residence Card has been refused incorrectly it may be possible to appeal the Home Office decision. Previously a key consideration for your right of appeal would have been reliant on whether under the EEA Regulations you are a direct family member or extended family member. However, recent case law in [SM (Algeria) v Entry Clearance Officer 2018](https://immigrationandvisasolicitors.co.uk/extended-family-members/) has overturned the decision in Sala v SSHD 2016. It is now the position that Extended Family Members may be able to appeal a negative Home Office decision. In circumstances where you have not been granted a Statutory Right of appeal, there are other avenues that can be explored to challenge an erroneous Home Office decision. A popular but costly method of challenging a Home Office decision is by lodging a [Judicial Review](https://www.judiciary.gov.uk/you-and-the-judiciary/judicial-review/) claim to the High Court. However, it should be noted that Judicial Review proceedings should only be instigated as a last resort. The onus is on the Applicants to demonstrate that all other remedies have been exercised. ## Using Legal Representation to submit an EEA Residence Card Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an EEA Residence Card application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your EEA Residence Card application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Standard Visitor Visa application meets the Immigration Rules. ## Successful EEA Residence Card Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your EEA Residence Card application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your EEA Residence Card application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful EEA Residence Card application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # Tier 4 Student Visa Curtailment Source: https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-curtailment/ *A Tier 4 Student Visa allows international students aged 16 years and over to study in the UK at a fully licensed institution. The duration of the course and level of study already completed will determine the length of the Tier 4 Visa. However, it is also possible for a Tier 4 student to have the expiry date of their visa brought forward for a number of reasons. This is called Tier 4 Student Visa Curtailment. If you have been given a notice of curtailment, do not hesitate to contact our immigration team immediately in order to schedule a consultation and plan your next steps. * ## What is Tier 4 Student Visa Curtailment? Tier 4 Student Visa Curtailment is when the Home Office brings forward the end-date of the Tier 4 Visa. There are a number of reasons why a Tier 4 student may have their leave curtailed, including some of the following reasons: - *Early completion of the course* - If the Tier 4 student completes their 4 year course in 3 years for example, then the institution will need to notify the Home Office informing them of such.  The curtailed visa date will have the same wrap-up period of leave after the new programme end date as was originally given for the original programme end date; - *Change of course if the new course duration is shorter – *If the student changes their course and the duration of the new course is shorter, then their leave will be curtailed to reflect the new length of the course being studied; - *Withdrawal from the course of study *- If the student withdraws from their course, the institution will inform the Home Office. If the student has plans to start or transfer to a new course, they must apply for a new visa from outside the UK; - *Failure to enroll on a course* - If a Tier 4 visa has been granted from outside the UK, but the student fails to register on the programme by the latest start date, then the institution will have to inform the Home Office and the Tier 4 student visa will be curtailed; - *Failure to attend a course *- If a Tier 4 student fails to attend their course, the institution will notify the Home Office. The visa will be curtailed and the Tier 4 student will need to make a fresh application. The Home Office will usually notify the Tier 4 student by email if their visa has been [curtailed](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/520008/Curtailmentv16.0.pdf), but they may also receive a letter by post. The Tier 4 student visa curtailment notice will tell the student the new expiry date of their Tier 4 Student Visa. ## What do I do if my Tier 4 Student Visa has been curtailed? If the student has failed to attend or enroll on a course, they will usually be given 60 days in order to apply for further leave to remain, or make plans to leave the UK before the new visa expiry date. The student may consider switching into a different visa category such as the Tier 2 work visa, or they could find a new institution willing to offer them a CAS and enroll at a different institution. Some may wish to leave the UK and then make an entry clearance application under the same or different route. No curtailment action will be taken if the Tier 4 visa is expiring in 60 days or less. Once the visa is curtailed, it will no longer be valid for the purposes of entering the UK. Therefore once the student has left the UK on their curtailed visa, they will then be unable to re-enter the UK until they have been granted another UK visa. ## Using Legal Representation in the event of Tier 4 Student Visa Curtailment Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative when your Tier 4 Student Visa has been curtailed. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully overturn Tier 4 Student Visa Curtailment [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Using the European passport return service with your EEA Permanent Residence application Source: https://immigrationandvisasolicitors.co.uk/european-passport-return-service/ European Economic Area (EEA) nationals can use the European passport return service to retain their passports when submitting their EEA Permanent Residence application. This service allows many EEA nationals to retain their passports so that they can show their proof of right to work in the United Kingdom and for travelling purposes. ## What is the European passport return service? The European passport return service is a unique service which allows EEA nationals to retain their passports when submitting their EEA Permanent Residence applications or EEA Registration Certificate applications. Prior to the European passport return service, EEA nationals and their family members (where applicable) had to submit their original passports with their applications. This left many EEA nationals with problems in respect of travelling outside the United Kingdom especially those who were required to travel for work purposes. The European passport return service is provided by local authorities across the United Kingdom. It should be noted that the European passport return service does not impact the processing time of an application. ## How does the European passport return service operate? In order to use the European passport service, EEA nationals are required to contact a participating [local authority](https://www.gov.uk/government/publications/european-passport-return-service-england/england-european-passport-service) and book an appointment. An appointment must be booked within 10 working days from the date of the online submission. It is advised that the appointment is booked before the submission of the online form because recent reports suggest that the local authorities are struggling to cope with the demand for this service. Once an appointment has been booked the EEA national Applicants are required to take their supporting documents including their passports to the local authority. The local authority will then copy and verify the passports and send the same to the Home Office. Applicants must still submit their original National identity cards and the supporting documents with the application in their original form. ## What is the fee and procedure for using the European passport return service? The fee for using the European passport return service varies depending on the local authority. The average fee for this service ranges from £15 to £30 per Applicant. On the day of the appointment, Applicants must provide their passports, a copy of their checklist and the supporting document (originals) and a printed copy of the online application form. In extreme circumstances, it is possible for the Home Office to contact Applicants and request for the original passport to be sent via post to them. However, this will only happen where there are issues with credibility or the verified copy is not acceptable. ## Using Legal Representation to submit an EEA Permanent Residence Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an EEA Permanent Residence application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your EEA Permanent Residence succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Standard Visitor Visa application meets the Immigration Rules. ## Successful EEA Permanent Residence Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your EEA Permanent Residence application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Fiancé Visa Success Story with LEXVISA Source: https://immigrationandvisasolicitors.co.uk/uk-fiance-visa-success-story/ *LEXVISA recently received the wonderful news that our client (“the Applicant”) had been granted his Fiancé Visa and plans to marry his British national fiancé in the UK later this month. The application was not straightforward as the Applicant had previous UK visa refusals and there was an issue with the documentation demonstrating that the UK Sponsor could satisfy the financial requirement. However, LEXVISA’s Immigration Team detected these issues during our comprehensive document review and provided detailed representations to accompany the application, which resulted in the application being a success. * ## The case for a UK Fiancé Visa The Applicant is an Albanian national, who was living and studying in Albania. The Applicant met his UK Sponsor through mutual friends and they started dating shortly thereafter. Over the course of their relationship, the Applicant and Sponsor often went on holidays together and with each other's family. The Sponsor also flew to Albania several times in order to spend time with the Applicant and his family. The Applicant had made 3 previous applications for a UK visitor visa so that he could visit the Applicant and his family in the UK, though unfortunately these were all refused as he did not seek proper legal advice before making the applications. Consequently, this meant that the Applicant did not submit the necessary documentary evidence as he did not fully understand the complex and stringent Home Office requirements. These previous refusals were one of the things that we had to tackle in our representations to the Home Office when we prepared the Applicant’s application. The second thing that our specialist immigration team had to contend with was the discrepancies in the Sponsor’s financial documents as his pay slips did not match his bank statements and meet the financial requirement. During the early stages of our thorough document review we identified these issues and were able to rectify them successfully. ## What is a UK Fiancé Visa? The Fiancé Visa allows fiancés or proposed civil partners to come to the UK for up to 6 months, for the purpose of marrying their British fiancé in the UK and then the view of settling in the UK after. Before the expiry of the Fiancé Visa the Applicant will then need to make an in-country Spouse Visa application in order to remain in the UK. Applicants on the UK Fiancé Visa are not allowed to work or claim benefits whilst in the UK. They do not need to pay the Immigration Health Surcharge (IHS) fee as part of their application either. ## What are the requirements for a UK Fiancé Visa? Applicants need to satisfy the following [criteria](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members) in order to successfully apply for the Fiancé visa: - The Applicant and the Sponsor must be at least 18 years of age; - The Applicant and Sponsor must have met in person and be in a genuine and subsisting relationship; - The Applicant must show the intention to get married to the UK Sponsor in the UK and then permanently live in the UK; - The Sponsor must be able to demonstrate they meet the minimum income requirement; - The Applicant must show they can be adequately accommodated in the UK by the Sponsor without recourse to public funds; and - The Applicant must be able to satisfy the English Language requirement. It is important to submit the requisite documentation in support of the Fiancé Visa application; otherwise this could cause delays and upset wedding preparations which could have cost consequences for the Applicant and Sponsor. ## Using Legal Representation to submit a UK Fiancé Visa Application Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a Fiancé Visa. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully apply for a UK Fiancé Visa Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Fiancé Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Fiancé Visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Fiancé Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Investing in advance of submitting your Tier 1 Entrepreneur application Source: https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-application-visa/ *The Tier 1 Entrepreneur application is an attractive UK visa for high net worth non-EEA nationals’ looking to set up or take over an existing business in the UK. Unlike the Tier 1 Investor visa, the required funds for this application are £200,000. However, the Tier 1 Entrepreneur application also has a strict set of rules which must be met. In addition to the Immigration Rules Applicants are required to consider the Home Office Policy Guidance and ensure there is enough evidence showing that the Genuine Entrepreneur Test is satisfied. One way of meeting the Tier 1 Genuine Entrepreneur test and eliminating doubts on the credibility of the business is by investing a small portion of the required funds prior to submitting the Tier 1 Entrepreneur application. * ## Meeting the Tier 1 Entrepreneur application requirements In order to submit a successful Tier 1 Entrepreneur application Applicants must meet the requirements listed under paragraph 245 of the Immigration Rules. In addition to this, Applicants must be aware of the Home Office Policy Guidance which further elaborates on the requirements and provides further information on how to meet the requirements. In particular, the Home Office Policy Guidance provides information on the [Tier 1 Genuine Entrepreneur Test](https://immigrationandvisasolicitors.co.uk/tier-1-genuine-entrepreneur-test/).  It should be noted that the Tier 1 Genuine Entrepreneur Test is not referred to in the Immigration Rules and Applicants often make the mistake of ignoring this requirement. Applicants should note that the Home Office Policy Guidance is as equally important as the Immigration Rules. The Home Office Policy guidance is what a caseworker will use to assess your application. As the Tier 1 Entrepreneur application is a points-based system application 95 points must be scored for a successful application. Applicants will be awarded points for the following: - 75 points for meeting the Attributes requirement; - 10 points for meeting the Maintenance requirement; and - 10 points for meeting the English language requirement. However, it should also be noted that it is possible for you to score 95 points and have your application refused on the credibility and viability of the business in question. Therefore it is crucial legal advice is sought prior to submitting a Tier 1 Entrepreneur application. ## Investing in advance of submitting your Tier 1 Entrepreneur application One obstacle encountered by Tier 1 Migrants is being able to show that the Tier 1 Genuine Entrepreneur test is satisfied and that the funds are ready and available to invest into a new or existing business in the UK.  The Home Office has made it clear that the funds in question must meet the following requirements: - Applicants must be able to demonstrate that they have access to at least £200,000 which is held in one or more regulated financial institutions and the funds are disposable in the UK; - The funds must be held for a consecutive 90 day period of time, ending no earlier than 31 days before the date of the application; - Applicants must provide recent personal bank statements from the financial institution where the funds are held, which confirms the money being available and that it has been held for a consecutive 90 day period with the last statement being dated no more than 31 days; - Applicants must also obtain a letter from the financial institution holding the funds to confirm the amount of money available. Each letter must be an original document and not a copy, be on the institutions official headed paper. Each letter must also confirm each of the following details: - Account number, the institution is regulated by the appropriate body, date of the document; and - the minimum balance available from your own funds that have been held in that institution during a consecutive 90-day period of time, ending on the date of the letter. We understand that in some circumstances it may be difficult to meet all the above requirements. Especially in situations where English is not the primary language and where the institutions are unwilling to prepare a letter to the UK Visas and Immigration requirements. One way of overcoming these difficulties is by investing the monies prior to submitting the Tier 1 Entrepreneur application. By doing this you are in essence eliminating any doubts in respect of whether the funds are genuinely available for investment. Further, you are also showing that you are in fact a genuine Entrepreneur migrant. By taking these steps, you are giving the decision maker fewer reasons to doubt the credibility and viability of your business and Tier 1 Entrepreneur application. This will assist the Home Office caseworker to assess your application and reward you merit on your Tier 1 Genuine Entrepreneur test. In order to invest monies into the business in question, there are preliminary steps which must be taken such as setting up the business in the UK with Companies House. In addition to this, you must also list yourself as a director of the business. It should be noted that if you make an investment in a business prior to submitting your Tier 1 Entrepreneur application there are additional documents which must be provided. However, there are risks involved with investing in the business prior to receiving the Tier 1 Entrepreneur Visa. One of the key concerns for Applicants is investing the money without assurance that they will be granted the Tier 1 Entrepreneur visa. A simple mistake could result in devastating effects for Applicants which could lead to a number of problems for the logistics of the business and for the Applicant. This is why it is crucial for Applicants to instruct expert immigration solicitors to assist with the preparation and submission of these types of application. ## What are your next steps once your Tier 1 Entrepreneur application is granted? If your Tier 1 Entrepreneur application is successful you will be granted leave to enter and you will be given permission to stay in the UK for 3 years and 4 months. Once you enter as a Tier 1 Entrepreneur migrant you will need to take serious steps showing the following: - You have taken over or become a director of the business referred to in your Tier 1 application; - You are genuinely running that business in the UK; and - You must invest the relevant funds required or invest the remaining funds if you had already made some investment prior to your Tier 1 Entrepreneur application. If you fail to carry out the above steps it is likely that your Tier 1 Entrepreneur extension application will struggle to meet the requirements. You can apply for an extension of your Tier 1 Entrepreneur application 28 days prior to the expiry of your visa. Following this, you can consider applying for Indefinite Leave to Remain and subsequently British Citizenship. ## Using Legal Representation to submit a successful Tier 1 Entrepreneur application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 1 Entrepreneur application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Entrepreneur application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit a Tier 1 Entrepreneur application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a [Tier 1 Entrepreneur](https://www.gov.uk/tier-1-entrepreneur) application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Tier 1 Entrepreneur application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 1 Entrepreneur application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Tier 2 Certificate of Sponsorship (CoS) allocation exceeded for record-breaking 5 month in a row Source: https://immigrationandvisasolicitors.co.uk/tier-2-cos/ *We published an article in [February 2018](https://immigrationandvisasolicitors.co.uk/tier-2-visa-cap-skilled-workers-uk/) which explained that the UK had reached the Tier 2 Visa cap for skilled workers for third consecutive month. The demand for the Tier 2 work visa has continued to increase which has now meant the Tier 2 CoS allocation has now been exceeded for 5 months. Consequently, doctors, engineers and other highly-skilled workers are being refused their Tier 2 visas which could pose a serious problem for UK business and economy.* ## What is the Tier 2 CoS allocation? The cap of 20,700 Tier 2 CoS which are available to UK employers every year was introduced in 2011. This target is usually approved monthly to spread out supply over the year and reduce the number of immigrants coming into the UK as part of a government crackdown on immigration and hostile environment policy. For the 5th consecutive month in a row, the maximum [allocation](https://www.gov.uk/government/publications/employer-sponsorship-restricted-certificate-allocations/allocations-of-restricted-certificates-of-sponsorship) for Tier 2 CoS has been reached. This is due to the high demand for non-EU skilled workers in the UK and the government’s reluctance to increase the number of allocations in order to cope with the demand. Figures show that during this period, there have been an estimated 6,080 refusals, 1,518 related to doctor posts and 361 to other healthcare professional roles, 1,226 to jobs in IT and technology, 392 engineering roles, 197 teachers, 1,814 professional services and 572 to other professions. ## What is the impact of the Tier 2 CoS allocation? Unfortunately for UK businesses and sectors where there continues to be an occupation shortage, it does not appear that the Home Office is willing to loosen its stringent Tier 2 requirements and increase the number of CoS allocations. The Commons Science and Technology Committee (CSTC) have called for exemptions from the Tier 2 cap and have been backed by a number of professional bodies. The council chair British Medical Association, Mr Chaand Nagpaul, [said](https://www.shropshirestar.com/news/uk-news/2018/05/16/doctors-among-6080-highly-skilled-workers-denied-visas-to-take-up-jobs-in-uk/): > *“At a time when the NHS is under enormous strain and struggling to fill positions, the current visa restrictions and arbitrary caps for non-EU workers entering the UK are inexplicable and threatening patient care and safety”. * In response, a Home Office spokesperson gave the standard excuse that: > * “The Government fully recognises the contribution that international professionals make to the UK. However, it is important that our immigration system works in the national interest, ensuring that employers look first to the UK resident labour market before recruiting from overseas”.* There have been countless reports in the media about qualified people being deported or refused a Tier 2 work visa because of this issue. If you need assistance with preparing and submitting a Tier 2 visa application or are having problems with the Home Office, then contact our specialist immigration team in order to arrange a consultation. ## Using Legal Representation to apply for a Tier 2 Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make Tier 2 visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 2 Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Highly Skilled Migrants wrongly face deportation under Paragraph 322 of the Immigration Rules Source: https://immigrationandvisasolicitors.co.uk/highly-skilled/ *Recent news reports suggest there are approximately 1000 highly skilled migrants’ wrongly facing deportation from the United Kingdom. These highly skilled migrants had applied for Indefinite Leave to Remain (also referred to as settlement) but unfortunately, the Home Office refused their application under Paragraph 322 (5) of the [Immigration Rules](https://www.gov.uk/guidance/immigration-rules). The Home Office has been accused of incorrectly applying the controversial rules. It should be noted that Paragraph 322 (5) was primarily introduced to tackle suspected terror activities and potential threats to national security.        * ## Highly Skilled wrongly face deportation under the Immigration Rules The Home Office had closed the highly skilled migrant route and replaced it with the Tier 1 General visa route. However, Tier 1 General visa route has also been discontinued by the Home Office. Applicants who would have been eligible to apply for the highly skilled migrant visa are now advised to consider applying under the [Tier 1 Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/), [Tier 1 Investor](https://immigrationandvisasolicitors.co.uk/investor-visa-immigration-lawyer-london/), [Tier 1 Exceptional Talent](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent-visa/) or the [Tier 2 Work](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) visa. It has been reported that approximately 1000 highly skilled migrants wrongly face deportation from the United Kingdom. The Home Office has accused the applicants of dishonesty in their applications. In the vast majority of these applications applicants had carried out simple amendments to their tax records and in most cases were legally entitled to do so. Whilst it is true that there may have been some minor discrepancies in the tax records and other financial documents for these applicants. It is unfair and unjust to find the applicants guilty of dishonesty without actually inquiring or investigating how the discrepancies have come about. In some cases, the Home Office themselves have miscalculated the numbers and incorrectly refused applications. Saleem Dadabhoy’s case is a prime example of the Home Office incorrectly finding irregularities in his business accounts and subsequently refusing his application. The Home Office has been heavily criticised for its strict and aggressive approach in considering the Indefinite Leave to Remain applications for the highly skilled workers' categories. In particular, Alison Theweliss MP has stated > “The litany of callous incompetence by the Home Office has been laid bare in the past few weeks, first with the Windrush scandal and now with the revelations regarding removal targets,” If you believe your application has been incorrectly refused by the Home Office you should seek legal advice in order to challenge the decision. ## Challenging a flawed Home Office decision on your Highly Skilled Settlement application Our specialist immigration comprising of both solicitors and barristers can assist with challenging a flawed Home Office decision. Whilst the highly skilled migrant route has been closed, it may be possible to challenge a Home Office decision relating to a refusal. Our solicitors and barristers can draft comprehensive and strong Grounds of Appeal. Our immigration team prides itself on the ability to provide successful results for our clients in complex immigration matters. We are regularly instructed on appeal matters and are able to provide clear and accurate advice/guidance on appeal matters. ## Using Legal Representation to challenge a Home Office decision on your Highly Skilled Migrant settlement application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with challenging the Home Office. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications or appeals which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your appeal succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit an appeal challenging a Home Office decision on your Highly Skilled Migrant settlement application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an appeal before your appeal even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an appeal and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an appeal. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Is this the end of the Right to Bank Check under the Immigration Act 2016 Source: https://immigrationandvisasolicitors.co.uk/end-right-to-bank-check/ *Following on from the controversy and embarrassment from the Windrush Scandal the Home Office has taken an important step in suspending the Right to Bank check. The controversial Right to Bank Check was introduced to crack down on net immigration figures in the United Kingdom. However, the introduction of the Right to Bank check was not welcomed and it received heavy criticism. The Home Office was accused of deliberately introducing measures to add to Theresa May’s Hostile Environment Policy in an attempt to make the United Kingdom an undesirable place for anyone who does not hold a valid visa.        * ## What is the Right to Bank Check? From 1 January 2018 banks were required to carry out immigration status checks on current account holders in the United Kingdom under the Immigration Act 2016. An account holder without valid immigration status must be reported to the Home Office. Following this, the Home Office will work hand in hand with the bank to shut down the account immediately.  Banks and building societies who fail to comply with the Right to Bank Check will be held accountable by the Financial Conduct Authority (FCA). A direct consequence of failing to comply with a Right to Bank Check may be financial penalties, restrictions and in some extreme cases criminal sanctions. ## Problems with the Right to Bank Check? One of the main concerns for politicians and lawyers is that these policies can be incorrectly applied and innocent people will fall victim to the Hostile Environment Policy. There could be a dozen different reasons to why someone may not hold a valid visa starting from a Home Office error, a pending application or appeal. In some circumstances, Applicants hold varied leave or their leave is extended under Section 3C of the Immigration Act 1971. The United Kingdom’s immigration system is very complicated and often requires expert knowledge. It is absurd to expect financial institutions to be aware of complex immigration issues with visas. Therefore there is a strong chance that financial institutions could make the incorrect decision which could result in devastating consequences for potential victims. As a result of the Windrush scandal, the Home Office has taken a U-turn and suspended Right to Bank checks indefinitely. However, there have been calls to scrap the Hostile Environment Policy as a whole. The shadow Home Secretary [Diane Abbot](https://www.theguardian.com/uk-news/2018/may/16/labour-would-end-hostile-environment-immigration-policy-says-abbott-yarls-wood-brook-house) has also recently publicly opposed the Hostile Environment Policy stating: > *“The Tories seem to be attempting a panicked and piece-meal retreat from their own immigration policy. However this temporary U-turn applies to just one element of their hostile environment, when the policy as a whole must be ended permanently.”* It is now to be seen whether the new Home Secretary Sajid Javid will continue to withdraw the controversial immigration policies introduced by his predecessors. ## Regularising your status in the UK by submitting a UK Visas and Immigration Application The Home Office claims that the purpose of the Right to Bank, Right to Work and Right to Rent checks is to encourage people to regularise their status and become legal in the United Kingdom. However, the Home Office has been accused of bullying migrants out of the United Kingdom by making it difficult for them to live a normal everyday life. It is impossible for a migrant to remain in the United Kingdom if they are denied access to everyday essentials such as banking, working and renting. Therefore it is essential for migrants who do not hold valid immigration status to make an application to the Home Office. We understand that in some circumstances Applicants are reluctant to come forward and ask for legal assistance. In most cases, this is because Applicants have overstayed their previous visa or may have entered the United Kingdom illegally. However, if there are compassionate and exceptional factors involved in your immigration matter it is important for the Home Office to be made aware. Our immigration team regularly submit submissions to the Home Office on behalf of our clients assisting them to regularise their status. There is a wide of immigration applications that can be explored in a consultation meeting. There are business related immigration applications for high net worth individuals or business people. Alternatively, there are also individual immigration applications for family members of present and settled people in the United Kingdom. ## Using Legal Representation to Comply with the Right to Bank Check and Regularise your UK Immigration Status Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on immigration law and your immigration status ensuring you comply with the Right to Bank Check. It is possible to instruct an immigration and visa legal representative to assist you with understanding and complying with a Right to Bank Check. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that you comply with the Right to Bank Check. ## Successfully Comply with the Right to Bank Check and Regularise your UK Immigration Status Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and whether you comply with the Right to Bank Check before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/) --- # What is Section 3C Leave under the Immigration Act 1971? Source: https://immigrationandvisasolicitors.co.uk/section-3c-leave/ *Extension of leave under Section 3C of the Immigration Act 1971 is a contentious area of immigration law which is often misinterpreted. Section 3C leave is often misconstrued by the lay client and in some circumstances by immigration practitioners. It is crucial you are familiar with the purpose and application of Section 3C leave.  A failure to grasp the logistics of Section 3C leave could result in major problems such as having no lawful status in the UK and being in breach of the UK immigration laws.       * ## What is Section 3C Leave under the Immigration Act 1971? The principle behind [Section 3C](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/596771/3C-3D-Leave-v8_0.pdf) leave under the Immigration Act 1971 is to offer a shield of protection for Applicants who have Immigration applications and appeals pending with the Home Office. If an Applicant is protected by Section 3C leave his/her immigration will be extended until a decision is made on his/her immigration application or appeal. Without the virtue of Section 3C leave Applicants would often be in danger of overstaying their visa resulting in Applicants having no lawful immigration status in the UK. Without lawful immigration status in the UK Applicants are directly in breach of the United Kingdom’s Immigration laws and are liable to be removed. A person covered by Section 3C leave can continue to enjoy their rights in the United Kingdom until a decision on their application or appeal is made. For example if a [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) worker appealed a decision in which an extension of leave was refused. The Tier 2 worker can continue to work in the United Kingdom until a decision is made by the Tribunal. ## When does Section 3C Leave under the Immigration Act 1971 apply? An Applicant will be deemed to have lawful immigration status if they have an Immigration application pending with the Home Office and the following apply: - The Applicant had lawful immigration status when he/she submitted their application. - The Applicant applies to the Secretary of State for variation of that leave. - The Applicant’s application for variation of leave expires without a decision being made. Applicants who have Immigration appeals or administrative reviews pending will also be covered by section 3C leave. This is subject to the appeal or administrative review being lodged within time. Applicants who decide to leave the UK to submit a fresh application or appeal will automatically lose their right to be protected under Section 3C leave. ## Does Section 3C Leave under the Immigration Act 1971 protect EEA and Invalid Applications? Unfortunately, Section 3C leave does not protect Applicants who have EEA applications and appeals pending with the Home Office. Section 3C leave only protects applications made under the Immigration Rules and not the [EEA Regulations](https://web.archive.org/web/20190313165152/http://www.legislation.gov.uk:80/uksi/2016/1052/made). It should also be noted that Section 3C leave does not cover Applicants who submit invalid applications. This position was confirmed in the Supreme Court case of Mirza & Or 2016 UKSC 63. ## Can Section 3C Leave under the Immigration Act 1971 be cancelled? The Secretary of State has the power to cancel Section 3C leave but she will only exercise this command in extreme circumstances. Section 3C leave will only be cancelled where an Applicant has failed to comply with a condition attached to their leave or where there are issues involving deception in previous or current immigration application or appeal. ## Using Legal Representation to get advice on 3C Leave under the Immigration Act 1971 Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit a UK Immigration application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a UK Visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # What is the Tier 2 Work Visa and who can apply? Source: https://immigrationandvisasolicitors.co.uk/tier-2-work-visa/ *Skilled migrant workers from outside the European Economic Area (EEA) may apply for a Tier 2 Work Visa in order to come to the UK and work for a UK employer. Applicants must have a job offer from a Tier 2 licensed employer from the UK. It is possible to switch into the Tier 2 Visa category from another Points-Based System category within the UK and there is also the possibility of settlement after 5 years. * ## What is the Tier 2 Work Visa? The Tier 2 visa category of the Points-Based System allows skilled migrants from outside the EEA to come to the UK and work for a UK employer. Applicants must have a skilled job offer and a Certificate of Sponsorship (CoS) from a Tier 2 employer, who is registered as a licensed Sponsor in the UK before they submit the Tier 2 Work Visa application. There are 4 [sub-categories](https://immigrationandvisasolicitors.co.uk/tier-2-work-visas/) to the Tier 2 category: Tier 2 (General) Work Visa, Tier 2 Intra-company Transfer (ICT) Visa, Tier 2 (Minister of Religion) Visa and Tier 2 (Sportsperson) Visa. Under the Tier 2 visa route, Applicants may able to bring their [dependants](https://immigrationandvisasolicitors.co.uk/points-based-system-dependant/) with them to the UK, or if they are already in the UK with existing leave, they may be able to apply to switch to a visa as a Tier 2 dependent. The Home Office guidance on Tier 2 Visas offers more detail on how to satisfy the requirements of each Tier 2 Visa category. However, the UK's Immigration Rules can be complex, therefore it is always best to seek advice from fully qualified immigration experts, such as our team which includes Solicitors and Barristers, before making any Points-Based System application to the Home Office. Contact us today to book an initial consultation with us. ## What are the requirements for the Tier 2 Work Visa? Tier 2 Work Visa Applicants must acquire 70 points. Applicants will acquire points for the following: *50 points for Attributes *– To acquire 50 points for Attributes Applicants must be able to show the job offer passes a Resident Labour Market Test (RLMT), show a CoS number and the appropriate salary must be awarded. It is possible to be exempt from the RLMT *10 points for Maintenance* – To acquire 10 points for Maintenance Applicants must be able to show that they can be accommodated and maintained in the UK without recourse to public funds *10 points for the English Language requirement* – To acquire 10 points for the English Language requirement Applicants must meet a minimum level of CEFR level B1 in reading, writing, speaking and listening or have an academic qualification that was taught in English. Applicants from majority English speaking countries can satisfy the English Language requirement by proving nationality ## Can I switch to the Tier 2 Work Visa? Applicants can switch to the Tier 2 Work Visa from within the UK if they are already on a Points Based System visa (i.e. any Tier 1, Tier 4, Tier 5 and Representative of an Overseas Business). A popular switching visa category is switching from a Tier 4 Student visa to Tier 2 Work visa. The main advantages of switching from a Tier 4 Student Visa to a Tier 2 Work Visa are that: - Employers are not required to conduct an Resident Labour Market Test (RLMT); - Employers are not required to pay the [Immigration Skills Charge](https://web.archive.org/web/20190320133004/https://immigrationandvisasolicitors.co.uk/new-immigration-skills-charge-tier-2/); - Applicants can make their application from within the UK and are not required to apply for Entry Clearance; - Applicants can use their degree to meet the English Language requirement; and - Applicants may be able to benefit from settlement status in the UK. ## Can I settle on the Tier 2 Work Visa in the UK? Tier 2 migrants who have been in the UK on the Tier 2 Work Visa for 5 years may be eligible for settlement (also referred to as Indefinite Leave to Remain) subject to meeting the relevant requirements. Some of the main requirements include: - Not falling under the General Grounds of Refusal; - Being able to meet the Minimum earnings threshold; - Satisfy the Knowledge of Language and Life ([KoLL](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-koll)) in the UK requirement. This can be passed by passing an English Language test and a Life in the UK test; - Have had no more than 180 day’s absences from the UK during any consecutive 12 month period. Applicants will be required to provide a travel history summary with their application which lists all absences outside the UK. If there are serious or compassionate reasons for excess absences (i.e. due to bereavement or work-related absences) with the correct representations it may be possible to mitigate these absences. Tier 2 settlement applications can be made up to 28 days before the Applicant reaches 5 years continuous leave in the UK. ## Using Legal Representation to submit a Tier 2 Work Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 2 Work Visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 2 Work Visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 2 Work Visa application meets the Immigration Rules. ## Successful Tier 2 Work Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 2 Work Visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 2 Work Visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Tier 2 Work Visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # What is EEA Retained Rights of Residence? Source: https://immigrationandvisasolicitors.co.uk/eea-retained-rights-of-residence-law/ *The EEA [retained rights of residence](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/590102/Family-members-of-EEA-nationals-who-have-retained-the-right-of-residence-v3_0.pdf) category was introduced by the European Union to protect close related family members of EEA nationals in member state countries. The United Kingdom has a duty under Regulation 10 of the Immigration (European Economic Area) Regulations 2016 (“[Regulation 10](https://web.archive.org/web/20190313165152/http://www.legislation.gov.uk:80/uksi/2016/1052/made)”) to allow non-EEA family members to apply for retained rights of residence. In order to apply for retained rights of residence in the United Kingdom, the conditions listed within Regulation 10 must be met.  * ## What is EEA Retained Rights of Residence? The retained rights of residence category is designed to allow certain family members of EEA nationals to remain in the UK. This ensures that non-EEA nationals who have established a life in the United Kingdom are not required to leave should their relationship breakdown or cease to exist with their EEA national family member. ## When can I apply for EEA Retained Rights of Residence? There are 4 popular scenarios where family members can apply for retained rights of residence in the UK. The different scenarios are listed under Regulation 10 (2) to Regulation 10 (5). The first scenario under Regulation 10 (2) is where the EEA national has passed away. The second scenario under Regulation 10 (3) is applying on the basis of being a direct descendant. Direct descendants include children, grandchildren and great-grandchildren. The fourth scenario under Regulation 10 (4) is applying on the basis of being a parent to a child of EU nationality. The fifth scenario under Regulation 10 (5) is where the relationship with EEA national partner breaks down. ## How to apply for EEA Retained Rights of Residence after breakdown of marriage or relationship? Under Regulation 10 (5) non-EEA partners may be eligible to apply for retained rights of residence where their marriage or relationship has terminated. The difficulty many Applicants face under this category is meeting the conditions under regulation 10 (5) especially where the marriage or relationship has not ended amicably. Applications made under this category must include evidence of the Sponsor’s activity in the UK. Collecting documents in evidence of the Sponsors activity may be a daunting task especially where the EEA Sponsor is not willing to co-operate or where issues of domestic violence arise. In order to apply for EEA retained rights of residence the following conditions must be met: - The marriage must have lasted a minimum of 3 years before the date of divorce and for one of those years the couple must have resided in the UK; - At the time of divorce the EEA Sponsor must have been exercising Treaty Rights in the UK; - Since the divorce, the non-EEA national is exercising Treaty Rights in the UK. A non-EEA national whose relationship has not officially ended is likely to lose their right of residence if their EEA sponsor stops being a qualified person or loses their right of Permanent Residence. ## How do I ask my EEA partner for evidence to submit with my Retained Rights of Residence application? In some circumstances involving domestic violence or where the marriage/relationship has ended in difficult circumstances, it may not be possible for you to provide the required evidence in support of your application. In such situations, Applicants are advised to make every effort to provide the necessary evidence and provide proof of the same. The Home Office has the discretion to conduct their own enquiries regarding the EEA partners status in the UK. This could be done by the Home Office liaising with HMRC to check previous employment records. It should be noted this discretion will be only be exercised in some circumstances and legal advice should be sought prior to the submission of the retained rights of residence application. The Home Office caseworkers understand the seriousness and sensitivity surrounding retained rights of residence applications. Caseworkers have been advised to consider every application on its merits. ## Using Legal Representation to submit a Retained Rights of Residence application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit retained rights of residence applications. Caseworkers at the Home Office are trained to reject retained rights of residence applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your retained rights of residence application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your retained rights of residence application meet the Immigration Rules. ## Successful Retained Rights of Residence Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your retained rights of residence application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your retained rights of residence application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful retained rights of residence applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # Who are the Windrush Generation and why are they facing problems in the UK? Source: https://immigrationandvisasolicitors.co.uk/windrush-generation/ *It has been widely reported in the news, both in the UK and internationally, about the appalling treatment by the Home Office of those who are being referred to as the Windrush Generation. These are the children of Commonwealth citizens who came to the UK between 1948 and 1971. Due to the lack of documentation which confirms the rights of the Windrush Generation to be in the UK and a number of Home Office failings and UK’s Hostile Immigration Environment Policy, many were facing deportation back to countries they haven’t returned to in decades.  * ## Who are the Windrush Generation? The Windrush Generation refers to the Commonwealth citizens who came to the UK between 1948 and 1971.  These Commonwealth citizens were encouraged to come to the UK to fill the countries labour shortages - such as bus drivers and nurses. Yet, when the Immigration Act 1971 (“the 1971 Act”) came into force, Commonwealth citizens lost their automatic right to remain in the UK and they faced the same restrictions as migrants from elsewhere. For those who were already living in the UK, they were granted [Indefinite Leave to Remain](https://immigrationandvisasolicitors.co.uk/ilr-indefinite-leave-to-remain-uk/) and for decades since then, many of the Windrush Generation considered themselves as British. However, at the time these Commonwealth citizens, mainly from the Caribbean, were not issued with the requisite documentation which demonstrates their right to be in the UK. ## Why is the Windrush Generation having difficulties with the Home Office? When Theresa May was Home Secretary in 2012, she introduced a [Hostile Environment Policy](https://immigrationandvisasolicitors.co.uk/hostile-environment-policy/) in order to reduce the UK’s net migration figure to less than 100,000 and crack down on illegal immigration. As a result, many of the Windrush Generation have fallen victim to the Home Office’s robust and objective policies and some have recently lost their jobs, access to NHS services, or even been detained in immigration removal centres. Theresa May’s changes to the UK’s immigration laws and environment has meant that the Windrush Generation have had  to prove that they have been living in the UK for decades by providing 4 sources of [documents](http://www.bbc.co.uk/news/uk-43795077) such as bank statements and payslips for every year they have been in the country. This is despite these individuals having paid tax in the UK for decades and frankly an impossible and ridiculous task. Another issue that has arisen for the Windrush Generation is that their landing cards or ‘registration slips’ had been destroyed in 2010. Whilst a Home Office spokesperson has said: *“Registration slips provided details of an individual’s date of entry; they did not provide any reliable evidence relating to ongoing residence in the UK or their immigration status. So it would be misleading and inaccurate to suggest that registration slips would therefore have a bearing on immigration cases whereby Commonwealth citizens are proving residency in the UK.”* According to [The Guardian](https://www.theguardian.com/uk-news/2018/apr/18/whistleblowers-contradict-no-10-over-destroyed-windrush-landing-cards) however, a former Home Office employee said the information from registration slips had been very useful and that it was wrong to destroy the archive. This is an example of one of the many mistakes by the Home Office in relation to the treatment of the Windrush Generation. ## What is the UK Government doing to help the Windrush Generation? On [Monday](https://homeofficemedia.blog.gov.uk/2018/04/16/immigration-status-of-the-windrush-generation-update-new-taskforce-announced/) in a speech made to Parliament, the Home Secretary Amber Rudd said that the Home Office had “lost sight of individuals” and become “too concerned with policy”. She also announced a new task force to help the Windrush Generation confirm their status in the UK with no cost to the Applicant. Furthermore, Theresa May met with Caribbean leaders yesterday and apologised over the Windrush controversy stating that she was "genuinely sorry" about the anxiety caused by the Home Office threatening the children of Commonwealth citizens with deportation. It is clear that there are many deficiencies with the Home Office and how they implement procedure. A Law Society report last week found almost 50% of UK immigration and asylum appeals were upheld, which it said was *“clear evidence of serious flaws in the way visa and asylum applications are being dealt with”*. Therefore it is clear that a serious overhaul is needed to that the system takes more consideration to the individual and stops alienating and tormenting those with every right to be in the UK. ## Using Legal Representation to submit a UK Visas and Immigration Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK visa application meets the Immigration Rules. ## Successful UK Visas and Immigration Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful UK visa applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # British Citizenship by way of Naturalisation under British Nationality Act 1981 Source: https://immigrationandvisasolicitors.co.uk/british-citizenship-naturalisation/ *Obtaining British Citizenship is the ultimate goal for many people in the UK currently on Immigration restriction. Once a person has** been granted British Citizenship they are officially free of all immigration restriction in the UK and they will have the right to permanently live in the UK. Once a person has acquired British Citizenship he can use the [National Health Service](https://www.nhs.uk/pages/home.aspx) free of charge, work in the UK without restrictions and will be eligible to vote. The [British Nationality Act 1981](https://www.legislation.gov.uk/ukpga/1981/61) (“BNA 1981”) governs British Citizenship applications. However, it is Section 6 of the BNA 1981 that covers Naturalisation applications.  * ## What do I need to apply for British Citizenship? All British Citizenship applications are governed by the BNA 1981.  The most common way of obtaining [British Citizenship](https://www.gov.uk/becoming-a-british-citizen) is by applying for Naturalisation. It should be noted that Naturalisation is not an entitlement instead it is a matter of law. Naturalisation is often referred to as a privilege as it is the Home Office who has the discretion to grant this. There are two categories under which an application for Naturalisation can be made to obtain British Citizenship under the BNA 1981. The first category is applying in your own right under Section 6 (1) of the BNA 1981. This can be achieved by spending five continuous years in the UK and subsequently holding settled status for a period of one year. The second category is applying under Section 6 (2) and can be applied for by Applicants who are married to British Citizens. The key distinction between two categories is the qualifying period and absences requirement. The basic requirements for a British Citizenship application are noted below: - You must be 18 years of age or over; - You must be able to demonstrate that you are of sound mind and good character; - You must consider the UK as your principal place of home; - You must meet the residency requirement and not have excessive absences from the UK; - You must meet the English language requirement and show you have sufficient knowledge of [life in the UK](https://web.archive.org/web/20190115215223/https://lifeintheuktests.co.uk/life-in-the-uk-test/). Nationals of majority speaking English countries are not required to show a formal speaking and listening qualification. You may be able to meet the English language requirement by providing your Birth Certificate or Identification document with your British Citizenship application. Those wishing to apply for British Citizenship should consult with a member of our expert immigration team so we can consider the eligibility criteria and explore whether, among other requirements, they meet the good character and residency requirements. ## What is the Good Character Requirement in British Citizenship applications? A key requirement for a British Citizenship application is demonstrating good character. The difficulty with the good character requirement is that there is no statutory definition of what establishes good character. The BNA 1981 does not define the term “good character”. However, the Home Office guidance states the following on good character: “To be of good character you must have shown respect for the rights and freedoms of the UK, observed its laws and fulfilled your duties and obligations as a resident of the UK”. It is certain that the Home Office will carry out criminal records checks in every application and may also work with other public bodies to retrieve information about Applicants. Therefore, it is essential that all information is disclosed to the Home Office when applying for British Citizenship. It is advised that applicants also disclose minor parking offences such as fixed penalty notices and speeding offences under the Road Traffic Act 1984. A failure to disclose all relevant information is likely to result in your British Citizenship being refused and in some circumstances issues of deception may arise. If you have a criminal record or have had some issues with the law in the past it does not mean that you cannot submit a successful British Citizenship application. With the correct legal assistance and representation, a strong and persuasive application can be submitted. Our team of solicitors and barristers have a [proven method of submitting](https://immigrationandvisasolicitors.co.uk/successful-naturalisation-application-lexvisa/) all types of naturalisation applications. ## What is the Residency Requirement in British Citizenship applications? If you are applying for British Citizenship the Home Office would expect you to be resident in the UK and you must also be able to show your ties and connections to the UK. To satisfy the residency requirement applicants must not have been absent from the UK for more than 90 days in the last 12 months. In addition to this, if you are applying under Section 6 (1) of the BNA 1981, your absences in the qualifying period must not exceed 450 days. If you are applying under Section 6 (2) of the BNA 1981 your absences in the qualifying period must not exceed 270 days. It is possible to ask the Home Office to exercise discretion if you exceed the total number of permitted absences from the UK if you can show mitigating circumstances behind the absences. ## Using Legal Representation to Submit a British Citizenship Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a British Citizenship Application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK British Citizenship Application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your British Citizenship Application meets the Immigration Rules. ## Successful British Citizenship Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your British Citizenship Application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Unlawful EEA Detention Case Study: R (Jonas Lauzikas) v Secretary of State for the Home Department [2018] EWHC 1045 (Admin) Source: https://immigrationandvisasolicitors.co.uk/unlawful-eea-detention/ *Unlawful immigration detention in the UK is an issue that is widely publicised in the UK. Unlike other EEA nations, there is no time limit on the length that a migrant can be detained pending deportation. The case of R (Jonas Lauzikas) v Secretary of State for the Home Department [2018] EWHC 1045 (Admin) (“R (Lauzikas) v SSHD”) raises the question of Unlawful **EEA **Detention in the UK.* ## Unlawful EEA Detention Case: Background Mr Lauzikas (“the Claimant”) is a Lithuanian national who was in the UK exercising his Treaty Rights as a worker. The Claimant had been convicted at Ipswich Crown Court on 14 June 2014 for possession of an imitation firearm and after entering a guilty plea, was sentenced to 14 months on 4 December 2014. This was the Claimant’s first and only conviction.  On 27 January 2015 the Secretary of State (“SSHD”) was notified that that the Claimant had been held in court after being due for release due to time served on remand. The Claimant was issued Form IS91 ‘authority to detain’ and was then held in immigration detention until 29 April 2015. When the Claimant was detained on 27 January 2015 he was given no reasons for his detention and no record of reasons was made. In the Immigration Officer’s initial proposal for the Claimant’s detention, he described the offense as serious and that serious harm to the public would be caused as a result of similar instances of offending. It also stated that the Claimant’s removal from the UK may be justified on “*grounds for public policy, public security or public health”.* Moreover, the Claimant was described as likely to abscond if granted temporary admission or release, therefore, immigration detention was ‘justified’. The Claimant had stated that he did not wish to return to Lithuania and that he also had a child from a previous relationship, who was a British citizen in the UK.   * * ## Unlawful EEA Detention Case: Basis of Claims The Claimant’s case highlights two crucial questions in regard to the UK’s immigration detention. The first of which is whether there is an EU law based test of individualised proportionality and necessity and secondly; when a public law flaw in a distinct decision renders immigration detention unlawful. The case was considered at four stages; detention on 27 January 2015, detention from 28 January 2015, detention from 25 February 2015 and detention from 11 March 2015. The Claimant’s solicitors filed two challenges; the first on 10 March 2015 was an appeal to the First-Tier Tribunal against the deportation and a Judicial Review on 11 March 2015 against the [certification](https://immigrationandvisasolicitors.co.uk/certification-of-human-rights-claim/) of the deportation order and detention. At the time of the Claimant’s initial detention on 27 January 2015, the SSHD did not have the Claimant’s trial record sheet, the Judge’s sentencing remarks, any OASys assessments or pre-sentence report. All of these documents were requested by the SSHD on 29 January 2015, after the Claimant had been detained. As a result, representatives for the Claimant argued that it was not proportionate for the Claimant to have been initially detained as the above-mentioned documents were not available to the SSHD and no reasoning was given for the detention. ## Unlawful EEA Detention Case: The Decision Two of the main considerations by the court were [Article 27.2 of the Directive 2004/38/EC](http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:en:PDF) (“Article 27.2”) and the Hardial Singh Principles. Article 27.2 deals with “*measures taken on grounds of public policy or public security shall comply with the principle of proportionality and shall be based exclusively on the personal conduct of the individual concerned”*. Further, the landmark case of *[R (Hardial Singh) v Governor of Durham Prison [1983] EWHC 1 (QB)](http://www.bailii.org/ew/cases/EWHC/QB/1983/1.html) *sets out four important principles for deportation commonly referred to as the Hardial Singh Principles, which are as follows: - The Secretary of State must intend to deport the person and can only use the power to detain for that purpose; - The deportee may only be detained for a period that is reasonable in all the circumstances; - If, before the expiry of the reasonable period, it becomes apparent that the Secretary of State will not be able to effect deportation within a reasonable period, he should not seek to exercise the power of detention; - The Secretary of State should act with all diligence and expedition to effect removal. The Court decided that the Claimant had been unlawfully detained by the Home Office for almost 50 days. The Judge found that the Claimant’s detention from 27 January 2015 to 25 February 2015 was unlawful in the absence of the Claimant given reasons for being detained and for breach of Article 27.2. The Claimant’s detention from 9 April 2015 to 29 April 2015 was also deemed unlawful for breach of the Hardial Singh Principle 3. The Claimant was awarded damages. The full judgment can be found here: [R (Jonas Lauzikas) v Secretary of State for the Home Department [2018] EWHC 1045 (Admin) | LEXVISA Immigration Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2018/05/R-Jonas-Lauzikas-v-Secretary-of-State-for-the-Home-Department-2018-EWHC-1045-Admin.pdf) ## Using Legal Representation to Challenge Unlawful EEA Detention Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to challenge unlawful EEA Detention. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Challenge Unlawful EEA Detention Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application or appeal. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications and appeals. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Success Story – EEA Document Certifying Permanent Residence Granted Source: https://immigrationandvisasolicitors.co.uk/success-document-certifying-permanent-residence/ *We recently received some more wonderful news that our client (“the Applicant”) had been granted an EEA Document Certifying Permanent Residence. In our initial meeting with the Applicant, we discovered the circumstances surrounding her application. Following the meeting, we were instructed for the preparation and submission of an EEA Document Certifying Permanent Residence application. The Home Office appreciated that we had prepared an exceptionally well-prepared application. We received a decision on the application within 14 days from the date of submission. * ## The Case for EEA Document Certifying Permanent Residence The Applicant was an Italian national who had spent the last 5 years in the United Kingdom exercising her treaty rights.  The Applicant had worked for 2 UK employers before setting up her own business. In our initial consultation with the Applicant, we had discussed the merits and demerits of her application. After speaking to our solicitors the Applicant instructed us to prepare and assist with the submission of her EEA Document Certifying Permanent Residence application. Through our careful and thorough process, our immigration team assisted the client to prepare her application and managed to flag out any issues to the client. Our Immigration team has a track record of assisting clients to submit complex applications and ensuring the application is prepared as strongly as possible. We regularly assist with providing solutions to problems in relation to the requirements or the support documents. All our applications are accompanied by detailed legal representations evidencing how the requirements are met. ## What is an EEA Document Certifying Permanent Residence? An EEA Document Certifying Permanent Residence is a formal Home Office document that allows EEA nationals to reside in the UK without any restrictions. The document is issued under the EEA Regulations. It is considered to be the equivalent of Indefinite Leave to Remain under the Immigration Rules. Applicants can apply for [British Citizenship](https://www.gov.uk/becoming-a-british-citizen) 12 months after the date the document was acquired. If you do not meet the requirement for an EEA Document Certifying Permanent Residence it is advised that you apply for an EEA Residence Card. It is crucial you hold some sort of EEA document once the UK officially leaves the EU in March 2019. ## What are the requirements of an EEA Document Certifying Permanent Residence? Ever since the United Kingdom opted to leave the European Union in June 2016 interest in the EEA Document Certifying Permanent Residence application has taken a significant rise. This is primarily because the future of EEA nationals in the UK remains unclear therefore EU nations have taken serious steps to regularise their status in the UK. The UK Government has failed to reassure those EEA nationals who do not hold an EEA document but are in the UK exercising their treaty rights. Further, there is also a web of uncertainty regarding the future of Non-EEA family dependents. Applicants can apply for an EEA Document Certifying Permanent Residence in the United Kingdom if they can satisfy the requirements listed under the Immigration (European Economic Area) Regulations 2016. The fundamental and most important requirements are listed below: - You must be a national of an EEA Country; - You must be able to show that you are a qualified person under the EEA Regulations. This requirement can be fulfilled by showing the exercise of treaty rights or self-sufficiency; - You must be able to provide evidence that you have been residing in the United Kingdom for a continuous period of 5 years; and - You must not have excess absences from the United Kingdom unless there are exceptional and compelling circumstances surrounding the absences. It is possible to make submissions to the Home Office explaining the absences. Non-EEA Family members of EEA nationals may also be eligible to apply for an EEA Document Certifying Permanent Residence. To explore the requirements in greater detail please do not hesitate to contact our Immigration Team on +442030110276. ## Using Legal Representation to Apply for an EEA Document Certifying Permanent Residence Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an EEA Document Certifying Permanent Residence application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your EEA Document Certifying Permanent Residence application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules and EEA Regulations are complex and a legal representative can help ensure that your EEA Document Certifying Permanent Residence application meets the Immigration Rules. ## Successful EEA Document Certifying Permanent Residence [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your EEA Document Certifying Permanent Residence application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your EEA Document Certifying Permanent Residence application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful EEA Document Certifying Permanent Residence application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Home Office Delays Chelsea Football Club Owner Roman Abramovich’s Tier 1 Investor Visa Renewal Source: https://immigrationandvisasolicitors.co.uk/tier-1-investor-visa-renewal/ *The Russian billionaire owner of Chelsea Football Club, Roman Abramovich, is still awaiting his Tier 1 Investor Visa renewal which led to him missing out on attending the FA Cup Final where his club beat Manchester United. The delay in granting his Tier 1 visa extension is as a result of recently introduced additional and more stringent checks on the source of funds, particularly from Russian investors in a bid to crack down on ‘dirty money’. This issue has been highlighted after the poison attack on a former Russian spy and his daughter in Salisbury back in March this year and the further breakdown of UK-Russia relations and trust. * ## Why has the Home Office Delayed Roman Abramovich’s Tier 1 Investor Visa Renewal? Roman Abramovich is the Russian billionaire owner of Chelsea Football Club. His Tier 1 Investor Visa expired in April this year, and the Home Office has yet to make a decision on his renewal application and as a result, he was unable to enter the UK in order to be here for the recent FA Cup Final against Manchester United. The delay comes in the wake of the poison attack on a former Russian spy and his daughter in Salisbury back in March this year as diplomatic relations between the UK and Russia have soured. As a result, a spotlight has been put on the source of Russian money which is being invested in the UK. Back in March, the Minister for Security and Economic Crime was asked; > *“What steps will the Minister take to enable us to understand where the £2million plus comes form, so that we can be assured it is not dirty money and that these are not unsavoury individuals?”* Following this, the former Home Secretary Amber Rudd ordered a review of the source of funds for current Russian Tier 1 Investors, as well as new Russian Tier 1 Investor Applicants. In total this is said to be around 700 cases, with Mr [Abramovich](https://www.independent.co.uk/news/world/europe/roman-abramovich-uk-russia-visa-chelsea-kremlin-putin-a8364136.html) being no exception. Specified evidence is now required for evidencing gifts and deeds of sale, divorce settlements, awards or winnings and wills. Thorough background checks will be undertaken for Russian investors in order to ascertain the legitimacy of their financial interests and assets. ## Requirements for Tier 1 Investor Visa Renewal Prior to the Rules changing in September 2015, Applicants [renewing](https://immigrationandvisasolicitors.co.uk/tier-1-investor-visa-extension/) their Tier 1 Investor Visas had to prove they had £1million in investment funds. However, this figure has since doubled to £2million by way of Government Bonds, Share Capital or Loan Capital in active and trading UK registered companies. Furthermore, Applicants must also demonstrate that the investment was made within 3 months of entry with evidence of entry into the UK. There are different settlement routes for Tier 1 Investors, depending on the amount of investment they make to the UK. For example, an Investment of £2million allows Applicants to apply for Indefinite Leave to Remain (ILR) after 5 years, an investment of £5million allows Applicants to apply for ILR after 3 years and an investment of £10million allows Applicants to apply for ILR after only 2 years. Once an Applicant is granted ILR under the accelerated settlement route, they can then apply for British Citizenship after 5 years instead of the usual 6. If you need advice on preparing and submitting a Tier 1 Investor Visa renewal application and ensuring you meet all of the relevant requirements and pass the stringent checks, then do not hesitate to contact our Immigration Team to book a consultation with our specialists. ## Using Legal Representation to submit a successful Tier 1 Investor Visa Renewal Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 1 Investor Visa renewal. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Investor renewal application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit a Tier 1 Investor Visa Renewal Application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 1 Investor Visa renewal application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Tier 1 Investor renewal application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 1 Investor application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Latest Business Immigration Update – 96 Tier 1 Investor visas granted in the first quarter of 2018 Source: https://immigrationandvisasolicitors.co.uk/96-tier-1-investor-visas-granted-2018/ *The [Tier 1 Investor visa](https://immigrationandvisasolicitors.co.uk/applying-tier-1-investor-visa/) category under the Point Based System was designed for high net worth individuals wanting to relocate and invest significant monies in the United Kingdom. Recent Home Office figures reveal that in the first quarter of 2018 (January to March), 96 Tier 1 Investor visas were granted by the Home Office. The vast majority of these [Tier 1 Investor](https://immigrationandvisasolicitors.co.uk/tier-1-investor-visa-extension/) visas were granted to Applicants from Asia. The key advantages of applying for a Tier 1 Investor visa is that Applicants can apply for accelerated settlement and there are less stringent requirements than other visa categories (no maintenance or English language requirement). * ## 96 Tier 1 Investor Visas granted in Q1 2018 Recent figures published by the Home Office reveal that in the first quarter of 2018 (January to March), 96 Tier 1 Investor visas were granted by the Home Office. The latest figures reflect a considerable increase in the number of Tier 1 Investor visas granted compared to the previous quarter (75 Tier 1 Investor visas granted for the same period in 2017). It should be noted that 40 of the 96 Tier 1 Investor visas were granted to nationals of China and its Special Administrative regions. There were 8 successful Tier 1 Investor visa applications from both Russia and India and 5 from Turkey. ## What has caused the increase in Tier 1 Investor Visas? One of the supposed reasons as to why interest in the Tier 1 Investor visa category has increased is because of the Home Office’s approach in reviewing the [Tier 1 Entrepreneur](https://www.gov.uk/tier-1-entrepreneur) visa applications.  It has been suggested that the Home Office takes a stricter approach when reviewing Tier 1 Entrepreneur applications and gives these applications greater scrutiny. The Home Office has introduced a Genuine Entrepreneur Test which requires Applicants to demonstrate that their business is credible and viable. Further, Applicants are also required to show that they are genuine entrepreneurs and are not abusing this visa to enter the UK. Applicants applying for a Tier 1 Investor visa are not required to meet an English language or maintenance requirement. ## Benefit from early settlement under the Tier 1 Investor Visa? The Home Office has acknowledged the importance of foreign investment in the United Kingdom. To reward Tier 1 Investors who make significant investment improving the economy and prosperity it has introduced an Accelerated Settlement option for Applicants who hold Tier 1 Investor visas. Tier 1 Investors can apply for accelerated settlement (indefinite leave to remain) in the United Kingdom if they can show that they have invested significant monies into the UK far exceeding the minimum £2 million. It is important to note Applicants cannot combine leave under different categories when applying for Indefinite Leave to Remain under the Tier 1 Investor visa route. The purpose of introducing an Accelerated Settlement is to encourage overseas migrants to invest and settle in the United Kingdom. Applicants will be eligible for Accelerated Settlement if they can show the following: - Investment has been in the United Kingdom by way of UK Government Bonds, Share Capital or Loan Capital in active and trading UK registered companies; - Applicants who wish to apply for the Accelerated after 2 years must demonstrate a minimum investment of £10 million; or - Applicants who wish to apply for the Accelerated after 3 years must demonstrate a minimum investment of £5 million; or - Applicants wish to apply using the standard Indefinite Leave to Remain (5 years) route must demonstrate a minimum investment of £2 million. Applicants can apply for Indefinite Leave to Remain up to 28 days before reaching the qualifying period. ## Using Legal Representation to submit a successful Tier 1 Investor visas Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 1 Investor Visa. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Investor application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit Tier 1 Investor visas Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 1 Investor application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Tier 1 Investor application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 1 Investor application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # UKVI Update: Home Office introduces The Windrush Scheme for Windrush Generation Migrants Source: https://immigrationandvisasolicitors.co.uk/windrush-scheme/ *In the wake of the recent [Windrush Scandal](https://immigrationandvisasolicitors.co.uk/windrush-generation/), the UK Government and the Home Office have finally taken steps in order to provide help and support to the Windrush Generation. The Windrush scheme was introduced on 30 May 2018 and has been set up to facilitate the process for these individuals to get the necessary documentation in order to prove their status in the UK. * ## What is the Windrush Scheme? The Windrush [Scheme](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/710576/The_Windrush_Scheme.pdf) has been implemented by new Secretary of State, Sajid Javid, and is in force from 30 May 2018. The new Windrush Scheme provides assistance for: - A Commonwealth citizen who was settled in the UK before 1 January 1973 and has been continuously resident in the UK since their arrival; - A Commonwealth citizen who was settled in the UK before 1 January 1973 whose settled status has lapsed because they left the UK for a period of more than 2 years, and is now lawfully in the UK and has close and continuing ties with the UK; - A child of a Commonwealth citizen who was settled in the UK before 1 January 1973, where the child was born in the UK or arrived in the UK before the age of 18 and has been continuously resident in the UK since their arrival; - A person of any nationality, who arrived in the UK before 31 December 1988 and is lawfully settled in the UK; or - A Commonwealth citizen who was settled in the UK before 1 January 1973 but who does not have a document confirming their Right of Abode or settled status, or whose settled status has lapsed because they left the UK for a period of more than 2 years. There is a 17 page Home Office application form that the above individuals should use. There is no fee for any application made under the Windrush Scheme. For any assistance with the application, please contact our specialist immigration team to schedule a consultation. ## The Windrush Scheme: Advice for Employers and Landlords The Home Office has also published some [advice](https://www.gov.uk/government/publications/undocumented-commonwealth-citizens-resident-in-the-uk) for employers and landlords who may be uncertain what to do if a prospective employee or tenant is part of the Windrush Generation and therefore does not have the requisite documents to show their [right to work](https://immigrationandvisasolicitors.co.uk/home-office-updates-right-work-checks-uk-employers/) and [right to rent](https://immigrationandvisasolicitors.co.uk/right-to-rent-scheme-uk-landlords/) in the UK. It is important for employers and landlords to carry out the sufficient checks on employees and tenants so they do not incur the penalties for failing to do so. If a prospective tenant has lived in the UK permanently since before 1973 and has not been away for long periods in the last 30 years, they have the right to work and rent property. Employers and Landlords should contact the Home Office checking service immediately if they are concerned about a prospective employee or tenant’s ability to evidence their right to work or rent or if they have concerns about the checks they are required to undertake. ## Who are the Windrush Generation? The Windrush Generation refers to the Commonwealth citizens who came to the UK between 1948 and 1971.  These Commonwealth citizens were encouraged to come to the UK to fill the countries labour shortages – such as bus drivers and nurses. Yet, when the Immigration Act 1971 (“the 1971 Act”) came into force, Commonwealth citizens lost their automatic right to remain in the UK and they faced the same restrictions as migrants from elsewhere. For those who were already living in the UK, they were granted [Indefinite Leave to Remain](https://immigrationandvisasolicitors.co.uk/ilr-indefinite-leave-to-remain-uk/) and for decades since then, many of the Windrush Generation considered themselves as British. However, at the time these Commonwealth citizens, mainly from the Caribbean, were not issued with the requisite documentation which demonstrates their right to be in the UK. ## Using Legal Representation to submit an Application under the Windrush Scheme Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK visa application meets the Immigration Rules. ## Successful Windrush Scheme Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful UK visa applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # How to apply for accelerated Tier 1 Exceptional Talent Settlement (ILR)? Source: https://immigrationandvisasolicitors.co.uk/accelerated-tier-1-exceptional-talent-settlement-ilr/ *On 23 January 2018 the Home Office published a new [Statement of Changes](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/667234/CCS207_CCS0817919842-3_HC_309_-_Statement_of_Changes_in_Immigration_Rules.pdf) (HC309) to the Immigration Rules. One of the notable changes was the introduction of an accelerated Tier 1 Exceptional Talent settlement. As of 23 January 2018, applicants can apply for Tier 1 Exceptional Talent settlement (indefinite leave to remain) after 3 years (depending on their endorsement criteria).  Prior to these changes Applicants had to spend a minimum of 5 years on this visa route. The Tier 1 Exceptional Talent visa route is designed for highly skilled individuals who have been recognised as someone with exceptional talent or exceptional promise by a designated competent body. There are [5 recognised designated bodies](https://immigrationandvisasolicitors.co.uk/tier-1-exceptional-talent/).  * ## Introduction of accelerated Tier 1 Exceptional Talent Settlement If you were granted a Tier 1 Exceptional Talent or Tier 1 Exceptional Promise endorsement prior to the Statement of Changes being published on 23 January 2018 you would have been eligible to apply for settlement once you had completed 5 years of continuous leave under this category. However, as of 23 January 2018 Applicants with an endorsement from a Designated Competent Body under the Tier 1 Exceptional Talent route can apply for [accelerated](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/673759/T1__ET__Guidance_01_2018__12.01_.pdf) Tier 1 Exceptional Talent Settlement after **3 years**. Applicants granted leave under the Tier 1 Exceptional Promise must still wait 5 years before they can apply for settlement. Applicants often get the two types of criteria (Talent and Promise) confused and need assistance in finding out what type of leave they was granted. It is important to note that a biometric residence permit (BRP) does not confirm whether an Applicant was granted a Tier 1 Exceptional Talent or Tier 1 Exceptional promise visa. We can liaise with the endorsements team at the Home Office and find out what type of leave you were granted. ## What are the requirements for accelerated Tier 1 Exceptional Talent Settlement? In order to successfully apply for accelerated Tier 1 Exceptional Talent Settlement Applicants must ensure they meet the requirements listed under Paragraph 245BF of the [Immigration Rule](https://www.gov.uk/guidance/immigration-rules)s. They key requirements that must be satisfied are noted below: - Applicants must not fall under the general grounds of refusal; and - Applicants must be able to show that the Designated Competent Body that originally endorsed your stage 1 application has not withdrawn their endorsement; and - Applicants must be able to show that they have earned money in the UK as a result of employment or self-employment in your their field of expertise; and - Applicants cannot have excessive absences from the UK during their qualifying period. The current cap on absences is 180 days and anything beyond this figure will result in your application being refused. However, there may be limited circumstances in which you can ask the Home Office to exercise discretion and allow your applications if you exceed the 180 day limit; and - Applicants must have sufficient knowledge of the English language and pass a life in the UK test. Applicants must pass an English speaking and listening qualification at a minimum level CEFR B1. You can apply for settlement up to 28 days before you reach the end of the qualifying period. Your qualifying period will either be 3 or 5 years depending on your endorsement. ## Using Legal Representation to submit a successful accelerated Tier 1 Exceptional Talent Settlement application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a accelerated Tier 1 Exceptional Talent Settlement application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your accelerated Tier 1 Exceptional Talent Settlement application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit an accelerated Tier 1 Exceptional Talent Settlement application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an accelerated Tier 1 Exceptional Talent Settlement application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a accelerated Tier 1 Exceptional Talent Settlement application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an accelerated Tier 1 Exceptional Talent Settlement application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)   --- # Could the UK’s Hostile Environment Policy for Immigration be coming to an end? Source: https://immigrationandvisasolicitors.co.uk/uks-hostile-environment-policy/ *The new Home Secretary, Sajid Javid has alluded to a possible change in the UK’s hostile environment policy which was introduced and championed by Prime Minister Theresa May since she was Home Secretary. Over the weekend Mr Javid said that he would be taking fresh look at the country’s immigration policy, particularly in light of the recent Windrush scandal and widespread reports that many NHS doctors and nurses are being refused their Tier 2 visas because of the Home Office reaching its skilled workers cap for several months in a row. But will the new Home Secretary really bring about change?* ## The UK’s Hostile Environment Policy after Windrush The [Windrush](https://immigrationandvisasolicitors.co.uk/windrush-generation/) generation refers to Commonwealth citizens who came to the UK between 1948 and 1971 in order to fill labour shortages. They and their children, some of whom were born in or have spent most of their lives in the UK were given the automatic right to remain in the UK and classed themselves as British citizens. Life for these people was fine until Theresa may rolled out her hostile environment policy as Home Secretary, which meant that these people then had to prove their right to be in the UK as the Home Office failed to correctly identify them or issue them the requisite documentation. This led to many being unable to access the NHS, work, or even face deportation. Latest figures suggest that 63 Windrush individuals have been deported, and so far only 7 retrieved. It could be argued that the recent Windrush scandal has exposed the serious systematic failings of the Home Office that have been present for many years and has sparked widespread outrage across the country. The scandal also led to the resignation of Amber Rudd as Home Secretary and now other visa routes and Home Office procedure is being scrutinised. ## The UK’s Hostile Environment Policy and the Tier 2 Skills Cap and removal of Skilled Workers The Tier 2 visa [cap](https://immigrationandvisasolicitors.co.uk/highly-skilled/) for skilled workers has also been headline news in the UK over the previous months. The maximum [allocation](https://www.gov.uk/government/publications/employer-sponsorship-restricted-certificate-allocations/allocations-of-restricted-certificates-of-sponsorship) for Tier 2 CoS has been reached for every month this year due to the high demand for non-EU skilled workers in the UK and the Government’s reluctance to increase the number of allocations in order to cope with the demand. The BMJ has recently reported that between December 2017 and March 2018, more than 1,500 visa applications from doctors with UK job offers were refused their visas as a result of this cap. Health Secretary Jeremey Hunt has now also called for these caps to be lifted as it is adding further to the strain on the [NHS](https://www.bbc.co.uk/news/uk-politics-44366981). The Home Office has maintained that *“it has met its standards for processing applications to sponsor visas”.* Moreover, we have recently written about the number of [highly skilled migrants wrongly facing deportation under Paragraph 322 of the Immigration Rules](https://immigrationandvisasolicitors.co.uk/highly-skilled/). Recent news reports suggest that there are approximately 1000 highly skilled migrants who are wrongly facing deportation from the UK. Mr Javid is now said to be taking a fresh look at Home Office policy as a result. The hostile environment policy was specifically meant to tackle illegal immigration in the UK, however, many highly skilled individuals who would in fact benefit the UK who are falling victim to these stringent and hostile policies. ## The UK’s Hostile Environment Policy and International Students Many MPs have long been calling for Theresa May to remove international students from the UK’s net migration figures. This is because international, or Tier 4, students add to the UK’s economy without being a burden on the UK taxpayer as they have to show they can fully support themselves or be supported by family, during their period of study. The majority of students then voluntarily leave the UK once their course and visa have ended. Theresa May, however, has stuck to her guns and continued to promote her hostile environment and anti-immigrant rhetoric. Mr Javid, on the other hand, has previously also discussed the benefits of international students and disagrees with the PM's views, so whether he will be able to make a change in this regard remains to be seen. ## The UK’s Hostile Environment Policy and Right to Bank checks The [Right to Bank](https://immigrationandvisasolicitors.co.uk/end-right-to-bank-check/) Check was introduced to crack down on net immigration figures in the UK, however, it was not welcomed and it received heavy criticism. The Home Office was accused of deliberately introducing measures to add to Theresa May’s Hostile Environment Policy in an attempt to make the UK an undesirable place for anyone who does not hold a valid visa. But not only that, innocent migrants who had the legal right to be in the UK and hold a UK bank account were incorrectly identified as illegal and faced a great amount of unnecessary problems as a result. Small [changes](https://www.ft.com/content/459fdcb2-67df-11e8-8cf3-0c230fa67aec) have already been made in this respect, as Mr Javid told the BBC’s Andrew Marr show over the weekend that *“I’ve already made some changes, certainly I’ve suspended certain things, for example opening bank accounts and whether or not you can or cannot as an illegal immigrant” *in relation to pausing the controversial right to bank checks, which could be a good sign of things to come. ## Using Legal Representation to submit a Visa application under the UK’s Hostile Environment Policy Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with challenging the Home Office. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications or appeals which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your appeal succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Visa applications UK’s Hostile Environment Policy Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an appeal before your appeal even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an appeal and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an appeal. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Submitting a successful Domestic Worker Visa Application to the Home Office Source: https://immigrationandvisasolicitors.co.uk/domestic-worker-visa-application/ *The [Domestic Worker](https://immigrationandvisasolicitors.co.uk/uk-visa-domestic-worker/) visa was officially recognised as a visa under the immigration rules on 18 September 2012. Prior to this, domestic workers were required to submit an application outside the immigration rules. The Domestic Worker visa is designed to allow domestic workers currently employed by a person overseas to accompany their employer into the United Kingdom for a period of 6 months.  * ## How to apply for a Domestic Worker Visa? In order to qualify for a Domestic Worker visa Applicants must meet the requirements listed under paragraph 159A of the immigration rules. The key requirements listed under paragraph 159A that must be met are noted below: - You must be 18 years of age or above; - You must have been employed as a domestic worker under the same roof as your employer or in a household that your employer uses for themselves on a regular basis for at least one year; - You must intend to travel to the United Kingdom with your employer and intend to work as a full-time domestic worker in the same household as your employer; - You must be able to financially support yourself. It is important to note that as a domestic worker your employer must be a British or an EEA national who is usually resident outside the United Kingdom or your employer must be a foreign national who is coming to the United Kingdom for no more than 6 months. ## Your Employment Rights under the Domestic Worker Visa The Home Office has taken positive steps to protect domestic workers travelling to the United Kingdom. In order to protect Applicants from unfair abuse and in some cases slavery the Home Office has introduced “*employment rights*” for Applicants who arrive in the United Kingdom on the Domestic Worker visa. Employers must comply with the following conditions: ·         The domestic worker must be paid at least the [national minimum wage](https://www.gov.uk/national-minimum-wage-rates); ·         The domestic worker must not be made to work excessive hours and must be given adequate paid holidays; and ·         The domestic worker must be given sufficient notice if the employment ends. It is recommended for Applicants to agree on terms of their employment prior to applying for their Domestic Worker visa and have the same drafted into a written contract. In the event where your employer does not meet the above conditions, you may be entitled to take legal action against your employer through an employment tribunal or a civil court. ## What you can and can’t do on a Domestic Worker Visa Applicants who are granted a Domestic Worker visa will be granted entry into the United Kingdom for 6 months. It is important to note that under this particular visa route Applicants are required to return home once their 6 months are up. In some circumstances, an Applicants visa could be shortened, i.e. where the employer returns home permanently before the 6 month period. Similarly to all the other visas, there are some activities which are permitted on the Domestic Worker Visa. The following activities are permitted: - Applicants can change employers to another role as a domestic worker in a private household within the United Kingdom (only if you don’t stay longer than 6 months); - Applicants can freely travel abroad and return to the United Kingdom; and - Applicants can stay in the United Kingdom if their employer decides to take a short holiday abroad. However, there are also some activities which are prohibited on the Domestic Worker Visa. It is crucial Applicants are conscious of what their Domestic Worker visa permits because if an Applicant is found to be in breach of their visa conditions it is likely that this will have an adverse impact on any future applications.  The following activities are not permitted on the Domestic Worker visa**:** - Applicants cannot live in the United Kingdom for long periods of time through frequent visits; - Applicants cannot secure employment in any other field or study in the United Kingdom; - Applicants cannot apply to have their dependents join them in the United Kingdom but their dependents can apply separately in their own right (subject to meeting the requirements); and - Applicants cannot apply for benefits or apply to have access to public funds during their time in the United Kingdom. Applicants can apply for a Domestic Worker visa up to 3 months before the date of their travel. A decision is usually made within 3 weeks but in some circumstances, there could be a delay. It is not uncommon for the Home Office to delay applications which are not adequately prepared. ## Using Legal Representation to submit a successful Domestic Worker Visa application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Domestic Worker visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Domestic Worker visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit a Domestic Worker Visa application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Domestic Worker visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Domestic Worker visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Domestic Worker visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Foreign Secretary signs Latin American Agreement Promoting Greater Mobility for Latin American Students and Qualified Workers Source: https://immigrationandvisasolicitors.co.uk/latin-american-students-qualified-workers/ *Last month, the Foreign Secretary, Boris Johnson, and his Peruvian counterpart, Nestor Popolizio Bardales, signed a Treaty on the Mutual Recognition of Qualifications. This Treaty will enable better mobility for Latin American students and qualified workers to the UK by creating more study and work opportunities. This agreement follows similar Treaties the UK has recently made with Chile, Columbia, and Mexico. If you are a Latin American student or qualified worker, contact LEXVISA Immigration Solicitors for assistance in preparing an application in light of these recent agreements. * ## What are the Mutual Recognition of Qualification Agreements and what will the impact be for Latin American students and qualified workers? Last month, Boris Johnson was the first British Foreign Secretary in [50 years](https://www.gov.uk/government/news/foreign-secretary-arrives-in-peru-for-first-visit-of-a-british-foreign-secretary-in-over-50-years--2) to visit Peru. The purpose of the visit was for Mr. Johnson and Peru’s Foreign Secretary, Nestor Popolizio Bardales, to sign the Mutual Recognition of Qualification Agreement. This meeting was part of Mr. Johnson’s 5-day visit across Latin America, where he signed similar Treaties with Chile, Columbia and Mexico. The documents state that any Bachelor degree, Master’s degree or any Doctoral degree that is granted in any of these Latin American countries will be recognised in the UK. [UK NARIC](https://www.naric.org.uk/naric/News%20Story.aspx?NewsID=833), who worked closely with the Foreign Secretary and his Latin American counterparts at the initial stages of the discussions, has said that: > *“The technical dialogue focused on developing a reciprocal understanding of quality assurance processes to ensure that the learning outcomes of the included qualification are comparable”. * The agreements will create opportunities for student and qualified workers from those Latin American countries in the UK. The agreements allow for the same rights for UK students and qualified workers in those Latin American countries. ## UK Visa applications for Latin American students and qualified workers Students and qualified workers from Latin America will still need to apply for the relevant visas in order to study of work in the UK. The [Tier 4](https://web.archive.org/web/20190320134637/https://immigrationandvisasolicitors.co.uk/tier-4-student-visa-dos-donts/) (General) Student visa allows Latin American students to come to the UK in order to study for a Bachelor degree, Master’s degree or PhD. Tier 4 students can therefore live and work part-time in the UK for the duration of their course. Tier 4 students will first need to receive an offer from a licenced institution and be issued with a CAS. Once they have a CAS they can submit the Tier 4 student visa application. The Tier 2 visa allows qualified workers to work in the UK. Similarly to the Tier 4 student visa, [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visa/) workers will need to be sponsored by a fully licenced business and will need to be issued with a Certificate of Sponsorship (CoS). There are many stringent rules and requirements that need to be followed and met in order to be granted a Tier 4 (General) Student visa or Tier 2 Work Visa, and LEXVISA Immigration Team has a great deal of experience and success in dealing with these types of applications. If you are from Latin America and would like help with preparing and submitting a study or work visa in the UK, then please do not hesitate to contact us today and we can schedule a consultation with an Immigration Solicitor and Barrister. ## Using Legal Representation to apply for a UK visa as Latin American students or qualified workers as a result of the Mutual Recognition of Qualification Agreements Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to apply for a UK visa as Latin American students or qualified workers. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful UK visa applications as a Latin American student or qualified workers as a result of the Mutual Recognition of Qualification Agreements [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # The importance of submitting a well prepared business plan with your Tier 1 Entrepreneur visa application Source: https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa-application/ *Astonishingly, 47% of Tier 1 Entrepreneur visa applications were refused in the first quarter of 2018. A Tier 1 Entrepreneur visa application is usually refused when an Applicant fails to meet the Tier 1 Genuine Entrepreneur Test and fails to show that their investment of £200,000 is ready and available. It is crucial for Applicants to be able to show that their business is both credible and viable. The easiest way to meet this requirement is by submitting a strong application accompanied by a well-prepared business plan. We have a proven method of submitting Tier 1 visa applications which are reflected in our success rate on these applications.         * ## Who is the Tier 1 Entrepreneur visa application for? The Tier 1 Entrepreneur visa application is specifically designed for high net worth business people who are looking to set up or take over an existing business in the UK. It is an attractive visa route for non-EEA nationals who have strong business interests and entrepreneurial skills. The Tier 1 Entrepreneur visa application is a popular Points Based System application governed by the Immigration Rules. The Immigration Rules are always applied strictly on these types of applications by the Home Office. Your application is likely to be refused even if you fail to meet a minor requirement or you are missing a supporting document. According to the Office of National Statistics, there were a total of 241 Tier 1 Entrepreneur visa applications submitted in the first quarter of 2018. Further, a 20% increase was recorded in the number of Tier 1 Entrepreneur visa application when compared with the number of applications submitted in the first quarter of 2017.  41% of the Tier 1 Entrepreneur visa applications were submitted in Asia*. * ## Submitting a well-prepared business plan with your Tier 1 Entrepreneur application visa application One of the key considerations in submitting a successful Tier 1 Entrepreneur visa application is making sure you are able to show that you are a credible business person. It is also helpful if you can show that you have previous experience as an entrepreneur or have the skills required for your business to succeed. For example, it is likely to be very difficult for you if you are aiming to set up or take over a construction company in the UK but you have no previous experience or academic qualifications to suggest you have an understanding of this particular field. However, this does not mean you cannot apply but it means your application must be near perfect to succeed. One way of meeting the Tier 1 [Genuine Entrepreneur Test](https://immigrationandvisasolicitors.co.uk/tier-1-genuine-entrepreneur-test/) is by submitting a well-prepared business plan. The Tier 1 Genuine Entrepreneur Test was introduced in January 2013 to prevent Applicants abusing this visa category. Submitting a well-prepared business plan that is easy to read is essential. However, it is more important for Applicants to understand the content of their business plan in case they are invited for a Home Office interview. Applicants often make the mistake in outsourcing their business plan and have little input. Applicants instruct specialists to prepare lengthy and complex business plans in hope of impressing the Home Office. However, this often backfires when the Applicant is invited for a Home Office interview to discuss the business plan. In the interview, Applicants are not able to answer questions or discuss points in their plans.  We always recommend for our clients to have maximum involvement in the drafting of their business plan and we are able to recommend specialists to assist with this process. ## Meeting the financial requirement in your Tier 1 Entrepreneur visa application Another key consideration in submitting a successful Tier 1 Entrepreneur visa application is being able to show that you have [£200,000](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-application-visa/) readily and available. The funds must also be held for a consecutive 90 day period with the last statement (on the date of submission) dated no more than 31 days. The bank statements must also be submitted in a particular format with a specific letter from the financial institution.  In some circumstances, it is possible for Applicants to invest a sum of the funds prior to the submission of their application. By doing this, Applicants are showing a serious intention to set up or take over an existing business in the UK as a Tier 1 Entrepreneur. ## Using Legal Representation to submit a successful Tier 1 Entrepreneur visa application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 1 Entrepreneur visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Entrepreneur visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit a Tier 1 Entrepreneur visa application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a [Tier 1 Entrepreneur](https://www.gov.uk/tier-1-entrepreneur) visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Tier 1 Entrepreneur visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 1 Entrepreneur visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)   --- # Home Secretary Announces New Start-Up Business Visa Route for 2019 Source: https://immigrationandvisasolicitors.co.uk/start-up-business-visa-2/ *Yesterday, during London Tech Week, the Home Secretary Sajid Javid announced that a new visa route is to be opened up in Spring 2019. The new Start-Up Business Visa will likely replace the existing Tier 1 Graduate Entrepreneur category and will widen the applicant pool of talented entrepreneurs and business founders. It was also announced that the visa process would be made faster and smoother, although no details as to how this would be achieved have been revealed. * ## What is the new Start-Up Business Visa route? Home Secretary Sajid Javid revealed yesterday, during London Tech Week, that there is to be a new visa category available from Spring 2019. The new Start-Up Business Visa will likely replace the current Tier 1 Graduate Entrepreneur Visa route and will target a wider range of individuals. The new Start-Up Business Visa, unlike the Tier 1 Graduate Entrepreneur route, will be open to those who are not just graduates. Applicants will still be required to have an endorsement from a university or approved business sponsor. Entrepreneurs are highly important to the UK as they create jobs and drive economic growth. The Home Secretary [said](https://www.gov.uk/government/news/new-start-up-visa-route-announced-by-the-home-secretary) that he is: > *“…pleased to announce a new visa for people wanting to start a business in the UK. This will help ensure we continue to attract the best global talent and maintain the UK’s position as a world-leading destination for innovation and entrepreneurs”.* The Home Secretary has sought to distance the department from Theresa May’s immigration policies, telling parliament in his first Commons speech in the job that he disliked the term “hostile environment”, calling it a *“phrase that is unhelpful and does not represent the values as a country”*. The UK is one of the most popular destinations for entrepreneurs and start-ups. Unfortunately, the UK's visa and immigration rules can be stringent and difficult to understand, therefore turning away talented individuals. It is said that this new visa category is being created following the advice from the Migration Advisory Committee (MAC) and feedback from the tech sector. It is obvious that the Government is taking steps in order to attract more overseas talent, as has also been demonstrated by increasing the number of Tier 1 Exceptional Talent allocations to 2,000. It now remains to be seen how this proposed new Start-Up Business Visa will operate and whether it will be successful.  ## What are the requirements for the current Tier 1 Graduate Entrepreneur Visa route? In order to apply for a Tier 1 Graduate Entrepreneur visa, applicants must be a graduate who has been officially endorsed as having a genuine and credible business idea and be a non-EEA national. The endorsement must be from either the Department for International Trade (DIT) as part of the elite global graduate entrepreneur programme (Sirius) or a UK higher education institution (HEI) if it’s an authorised endorsing body. Applicants must meet the [English language requirement](https://web.archive.org/web/20160623204901/https://www.gov.uk/tier-1-graduate-entrepreneur-visa/knowledge-of-english) and demonstrate they have £945 in savings if applying from inside the UK, or £1,890 if applying from outside the UK. These funds must be held in the applicant’s account for 90 days Applicants will also have to pay the [Immigration Health Surcharge](https://www.gov.uk/healthcare-immigration-application/pay) (IHS) as part of the application. The Tier 1 Graduate Entrepreneur Visa gives applicants leave to stay in the UK or up to 1 year, and then this may then be extended for a further year. This visa route does not lead to settlement in the UK. Applicants wanting to apply for the Tier 1 Graduate Entrepreneur Visa will also have to meet all the other Home Office requirements and should consider instructing a specialist immigration law firm, such as LEXVISA, in order to help prepare the application thoroughly and ensure that all of the requirements are met. ## Using Legal Representation to submit a successful Tier 1 Graduate Entrepreneur Visa application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 1 Graduate Entrepreneur visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Graduate Entrepreneur visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit a Tier 1 Graduate Entrepreneur Visa application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 1 Graduate Entrepreneur visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Tier 1 Graduate Entrepreneur visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 1 Graduate  Entrepreneur visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Statement of Changes HC1154 – Tier 2 Doctors and Nurses exemption from annual allocation Source: https://immigrationandvisasolicitors.co.uk/tier-2-general-visa/ *The Home Office has drafted a new [Statement of Changes HC1154](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/716674/CCS207_CCS0618810832-1_HC1154_Web_Accessible.pdf) which is set to come into force on 6 July 2018. There are changes and amendments proposed across a wide range of UK Immigration applications such as the Tier 1, Tier 2, Tier 4 and Tier 5 applications. There also changes to Immigration Bail and Article 8 Family Life applications. A very important change was introduced to the Tier 2 General visa category. **The new change in the Tier 2 General visa category exempts all doctors and nurses from the annual Tier 2 General visa allocation limit. This change will free up space for workers in other categories and it will assist with the issue of the annual limit being oversubscribed.  * ## What changes are being introduced to the Tier 2 General Visa? The Statement of Changes was presented to parliament on 15 June 2018 and shall take effect from 6 July 2018. The key change to the Tier 2 General visa category is that doctors and nurses will be exempt from the annual Tier 2 allocation limit. The current cap set for non-EU skilled workers is at 20,700 per year. The National Health Service (NHS) bosses have welcomed the changes as in recent years they have failed to fill in vacancies and have often been severely understaffed. This is a momentous step in the right direction from the new Home Secretary, Sajid Javid who has suggested that the UK Immigration Policy needs a total reform. Speaking to the BBC Sajid Javid has recently said: > I recognise the pressures faced by the NHS and other sectors in recent months. Doctors and nurses play a vital role in society and at this time we need more in the UK. That is why I have reviewed our skilled worker visa route." This particular change is the first sign of a relaxation in the Immigration Rules and suggests that the future for Tier 2 General workers could be promising. The benefit of excluding Tier 2 doctors and nurses from the annual limit is that those spaces can now be allocated to Tier 2 workers in other areas such as IT, construction and teaching. It is estimated that in previous allocations doctors and nurses have taken up to 40% of the annual allocation. It should be noted that all applications submitted before 6 July 2018 will be decided in accordance with the Immigration Rules as they were on the 5 July 2018. ## What are the Tier 2 General visa requirements? The Tier 2 General visa is a Points Based System (PBS) application and it is governed under the UK Immigration Rules.  Applicants are required to acquire 70 points for a successful application and points can be acquired by meeting the following requirements: 50 points for Attributes – To acquire 50 points for Attributes Applicants must be able to show the job offer passes a Resident Labour Market Test (RLMT), show a CoS number and the appropriate salary must be awarded. It is possible to be exempt from the RLMT 10 points for Maintenance – To acquire 10 points for Maintenance Applicants must be able to show that they can be accommodated and maintained in the UK without recourse to public funds 10 points for the English Language requirement – To acquire 10 points for the English Language requirement Applicants must meet a minimum level of CEFR level B1 in reading, writing, speaking and listening or have an academic qualification that was taught in English. Applicants from majority English speaking countries can satisfy the English Language requirement by proving nationality. It is important you seek legal advice when submitting a Tier 2 General UK Work Visa application as the Home Office requirements are complex and must be fully satisfied in accordance with their rules and policy guidance. ## Other changes to the Tier 2 General visa under the Statement of Changes HC1154 As expected in addition to the changes on the exemption of doctors and nurses from the annual allocation limit there are also other noteworthy changes introduced under the Statement of Changes HC1154. We have summarised the other key changes introduced under the Tier 2 General visa category below: - There are also changes being introduced in respect of Croatian nationals working in the United Kingdom under the Tier 2 General visa category. From 6 July 2018 applications made for Restricted Certificate of Sponsorships for Croatian nationals will not be counted towards the annual Tier 2 limit. - The transitional arrangements possibility introduced to allow Applicants to extend stay in the United Kingdom as a result of the increase in the skills threshold from Qualifications Framework (RQF) level 4 to RQF level 6 under the Tier 2 General and Tier Intra Company Transfer is now closed. However, provisions for Indefinite Leave to Remain applications remain open. - An increase in the maximum percentage of shares an Applicant can hold directly or indirectly in the Sponsor (Tier 2 employer); - There is also a change introduced under the Tier 2 Settlement (indefinite leave to remain) category. Applicants applying for settlement who have been absent from work on maternity, paternity, shared parental or adoption leave must now provide evidence of the birth or adoption that necessitated their leave. - There is a minor change to correct the Standard Occupational Classification (SOC) code used for midwifes. For detailed information on the Statement of Changes HC1154 please contact our specialist immigration team for a free telephone case assessment. ## Using Legal Representation to submit a successful Tier 2 General visa application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 2 General visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 2 General application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit a Tier 2 General visa application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a [Tier 2 ](https://www.gov.uk/tier-1-entrepreneur)General visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Tier 2 General visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 2 General visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/)   --- # Tier 1 Points Based System Immigration Rules Update June 2018 Source: https://immigrationandvisasolicitors.co.uk/tier-1-points-based-system/ *[The Home Office](https://www.gov.uk/government/news/changes-to-the-immigration-rules--2) has released its new Statement of Changes which sets out the following amendments to Tier 1 Points Based System applications. The Tier 1 category is for high-value individuals to come to the UK if they can make an investment or are highly talented and can, therefore, help boost the UK economy. The changes to the Tier 1 categories will be implemented from 6 July 2018 and will apply to all decisions made on or after this date. * ## Tier 1 Points Based System Immigration Rules: Exceptional Talent Visa Update The Tier 1 ([Exceptional Talent](https://immigrationandvisasolicitors.co.uk/uk-tier-1-exceptional-talent-visa/)/Exceptional Promise) category allows for talented or promising individuals to work in the UK without the need for sponsored employment in a specific post. These individuals need to be endorsed by one of 5 Designated Competent Bodies (“DCB”) in the following fields: Digital Technology, Science, Engineering, Humanities and the Arts. The most significant change for the Tier 1 Exceptional Talent/Exceptional Promise applications is that the endorsement of arts Applicants will be widened to include Applicants in the fashion industry, who are operating leading designer fashion businesses. These applications will be assessed by the British Fashion Council operating within the endorsement responsibility of the Arts Council England. A further change is in regard to the evidential requirements for Applicants holding a peer-reviewed research fellowship the criteria and list of eligible awards for Applicants in film and television and changes for Digital Technology Applicants to reflect the re-branding of “Tech City UK” to “Tech Nation”. From July 2018, Croatian nationals will no longer need to apply for work authorisation in this category due to the transitional controls for Croatian nationals coming to an end on the fifth anniversary of Croatia’s acceptance to the European Union in July 2013. Therefore an amendment has been made so that the endorsements made for Croatian nationals are no longer counted towards the number of allocated endorsements available to each DCB. ## Tier 1 Points Based System Immigration Rules: Tier 1 Investor Visa Update The Tier 1 ([Investor](https://immigrationandvisasolicitors.co.uk/applying-tier-1-investor-visa/)) category allows high net worth individuals to make an investment of at least £2million in the UK. The first amendment to this category is that institutions are required to confirm that the funds have only been invested in qualifying investments and that no loan has been secured against those funds. There is a stronger obligation on Financial Firms further to their due diligence, to examine the Applicant’s investment suitability. The second change is in regard to Applicants maintaining their investments. Whilst Applicants are permitted to withdraw interest and dividend payments generated by their qualifying investments from their portfolios, clarity has been given to the fact that Applicants are not permitted to draw from their portfolios before it has been purchased. ## Tier 1 Points Based System Immigration Rules: Entrepreneur Visa and General Update The Tier 1 ([Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa-lexvisa/)) route allows overseas Applicants to come to the UK in order to set up or take over an existing business in the UK. Tier 1 Entrepreneurs need to have £200,000 or £50,000 in funds to invest in the business. There are two minor changes to the Tier 1 (Entrepreneur) category in this new Statement of Changes. Firstly, it is to be made clear where letters from legal representatives confirming signatures are required and secondly, a provision has been restored for accountants to confirm the investment has been made on the Applicant’s behalf. The Tier 1 ([General](https://immigrationandvisasolicitors.co.uk/tier-1-general-indefinite/)) category was closed to new Applicants in April 2011, but remained open for settlement applications until 6 April 2018. Now that the category is fully closed, the remaining rules for this category are being deleted. You can read the full June 2018 Statement of Changes here: ## Using Legal Representation to submit Tier 1 Points Based System Applications Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 1 Points Based System application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 1 Points Based System Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Statement of Changes HC1154 – Changes to Tier 2 Indefinite Leave to Remain (Settlement) applications Source: https://immigrationandvisasolicitors.co.uk/tier-2-indefinite-leave-to-remain-settlement/ *We have recently written about the changes introduced to the [Tier 2 General](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/673762/Tier_2_Policy_Guidance_01_2018__2_.pdf) visa Category introduced under the [Statement of Changes HC1154](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/716674/CCS207_CCS0618810832-1_HC1154_Web_Accessible.pdf). As of 6 April 2018, Tier 2 Doctors and Nurses will be exempt from the annual Tier 2 Limit allocation limit. In addition to this, there were changes introduced to the Tier 2 Indefinite Leave to Remain rules. Applicants can apply for Indefinite Leave to Remain once they have acquired 5 years of continuous leave on the Tier 2 visa category.  * ## What changes are being introduced to the Tier 2 Indefinite Leave to Remain applications? One of the key requirements (explained in detail below) Applicants must meet in their Tier 2 Indefinite Leave to Remain application is the residency requirement. Applicants are required to show 5 years of continuous residency in the United Kingdom with no more than 180 days absences in any 12 month period during the qualifying period. The 2 changes made to the Tier 2 Indefinite Leave to Requirement are as followed: - A new transitional arrangement is being applied to ensure that the new absences calculation rule (implemented under the Statement of Changes HC309) does not adversely affect applications whose absences are prior to 11 January 2018. - Provisions setting out when an Applicant’s continuity of leave is not broken are currently more generous for in-country applications than for entry clearance applications (where Applicants have otherwise had continuous stay in the UK but happen to be overseas when their previous leave expires). Changes are being made to bring the entry clearance provisions into line with the more generous in-country provisions. If you require assistance in calculating your absences or exceed the threshold please do not hesitate to contact us. It is possible to submit representations to the Home Office explaining the mitigating circumstances behind the absences. ## What are the requirements for a Tier 2 Indefinite Leave to Remain application? Applicants can apply for Tier 2 Indefinite Leave to Remain once they have reached 5 years continuous leave in the United Kingdom as a Tier 2 worker. Applicants should be aware that the only exception is, you can only include valid leave acquired under the Tier 2 Intra-Company Transfer (ICT) if the continuous 5 years includes a period of leave as a Tier 2 ICT worker under the old rules before 6 April 2010 or you were issued with a Work Permit because you were the subject of a Tier 2 ICT. Applicants who applied for a Tier ICT visa on or after 6 April 2010 cannot count this leave as a part of the qualifying period. The main requirements for a Tier 2 Indefinite Leave to Remain application are as noted below: - You must not fall under the General Grounds of Refusal. - You must meet the Minimum earnings threshold and you must still be required by your current Tier 2 employer. - You must meet the Knowledge of Language and life in the UK requirement. This can be passed by passing an English language test and a Life in the UK test. - You must not have had more than 180 day’s absences from the UK during any consecutive 12 month period. You will be required to provide a travel history summary with your application listing all absences outside the UK. It is possible to mitigate excess absences where there are serious or compelling reasons for the absences i.e. absences related to bereavements and work-related absences. You can submit a Tier 2 Settlement, Indefinite Leave to Remain, application up to 28 days before you reach your 5 years continuous leave. If you submit an application earlier than that it is likely that your application will be refused and you will be considered to have adverse immigration history. Having adverse immigration could become a serious obstacle for future UK visa applications. ## Using Legal Representation to submit a successful Tier 2 Indefinite Leave to Remain application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 2 Indefinite Leave to Remain application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 2 Indefinite Leave to Remain application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit a Tier 2 Indefinite Leave to Remain application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 2 Indefinite Leave to Remain application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of Tier 2 Indefinite Leave to Remain application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 2 Indefinite Leave to Remain application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Windrush Anniversary: Where did the Home Office get is so wrong? Source: https://immigrationandvisasolicitors.co.uk/windrush-anniversary/ *Today marks 70 years since the arrival of Caribbean citizens to the UK in order to help rebuild post-war Britain. The Windrush generation were granted British citizenship status and continued to live their lives as British citizens, however, they were not issued with the requisite documents from the Home Office and once Theresa May’s Hostile Environment policy was introduced in 2012, many Windrush citizens found themselves being treat as illegal immigrants. On the Windrush Anniversary, we look at one of the most shameful scandals in recent British history and ask just how did the Home Office get it so wrong? * ## The Windrush Anniversary - Who are the Windrush generation? On 22 June 1948, the Empire Windrush Ship docked at Tilbury, Essex, carrying over 500 citizens from the Commonwealth, largely from the Caribbean. They were granted British citizenship under the British Nationality Act of 1948 until the Immigration Act 1971 (“the 1971 Act”) came into force, which then put in place the same visa restrictions and requirements as for migrants from elsewhere. It emerged earlier this year that some Windrush migrants, many of whom entered the UK as young children, were being refused health care and access to jobs because they did not have the paperwork to prove their status following a tightening of immigration rules in 2012 and faced deportation. It is estimated 63 of the Windrush generation had been deported, despite then-Home Secretary Amber Rudd stating that no one had actually left the UK. The UK Conservative Government, instigated by Theresa May, have been obsessed with meeting immigration targets, with the ultimate goal to reduce the UK’s net migration figure to less than 200,000. A consequence of this harsh immigration policy has left many innocent and vulnerable individuals on the wrong side of immigration enforcement and the Home Office decision making teams. ## The Windrush Anniversary - How are generation Windrush being celebrated? Across the country, events are being held today on the 70 year Windrush Anniversary, in order to celebrate the enormous contribution members of the Windrush generation have made to the UK, including a service at [Westminster Abbey](https://www.bbc.co.uk/news/uk-44571616) which will be attended by Prime Minister Theresa May, Labour leader Jeremy Corbyn and families of the Windrush generation. There will be a review into the Windrush Scandal and what action is needed to prevent anything like this from happening again. The Home Secretary Sajid Javid has said *“the contribution that the Windrush generation have made to this country is invaluable and I am committed to putting things right”. * As we have [previously](https://immigrationandvisasolicitors.co.uk/windrush-scheme/) posted, the Home Office has also launched a new Windrush Scheme, in order to facilitate the process for the Windrush generation to get the necessary documentation in order to prove their status in the UK. According to the [Home Office](https://www.gov.uk/government/news/windrush-lessons-learned-review), applications are already being processed and so far 285 people have been granted British citizenship. The UK Government has also announced that there will be an annual Windrush Day, in order to commemorate the Windrush generation. However, critics have argued that the Government should place more focus on rectifying the damage that Theresa May’s Hostile Environment Policy has caused for the Windrush migrants and the wider implication on other immigrants in the UK. ## Using Legal Representation to submit an Application under the Windrush Scheme Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK visa application meets the Immigration Rules. ## Successful Windrush Scheme Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful UK visa applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Home Office Update: EU Settlement Scheme Source: https://immigrationandvisasolicitors.co.uk/eu-settlement-scheme/ *The Home Office published a Statement of Intent last Thursday in relation to the EU Settlement Scheme. The Statement of Intent sets out the basis of the EU Settlement Scheme, which will enable EU citizens and their family members who are resident in the UK, to continue living here permanently once the UK has left the EU. * ## What is the new Home Office EU Settlement Scheme update? The Home Office has published further details of its EU Settlement Scheme which provides vital information on the rights of EU citizens in the UK post-Brexit. EU citizens will be able to continue to live and work in the UK permanently and have access to healthcare, work arrangements and access to benefits will continue. Their existing close family members currently living outside the UK will be able to join them here in future in the same way as they can now. Caroline Nokes, the current Immigration Minister, said in the House of Commons last Thursday that the [Statement of Intent](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/718237/EU_Settlement_Scheme_SOI_June_2018.pdf) for the EU Settlement Scheme will *“…provide the basis for EU citizens resident here, and their family members to obtain their new UK immigration status, consistent with the draft withdrawal agreement”. *EU citizens who have lived in the UK continuously for 5 years will be eligible for EU Settlement Status. Those who have lived in the UK for less than 5 years will be granted pre-settled status until they have reached the 5 years. Applicants for EU Settlement Status must satisfy the following 3 requirements: - Prove their identity; - Demonstrate that they are resident in the UK; and - Declare that they have no serious criminal convictions. The EU Settlement Scheme will be fully open by 30 March 2019 and will begin to be phased in later this year. It is said that the deadline for applications made under this scheme will be 30 June 2021. It has also been confirmed that Applicants under the new scheme will have to pay a £65 fee to the Home Office for Applicants over the age of 16 and £32.50 for Applicants under the age of 16. Though who already have a document certifying permanent residence in the UK will be able to convert their document to settled status free of charge. ## What are the current Permanent Residence requirements under the EEA Regulations? Applicants can apply for an EEA Document Certifying Permanent Residence in the United Kingdom if they can satisfy the requirements listed under the EEA Regulations 2016. The most important requirements are listed below: - You must be a national of an EEA Country; - You must be able to show that you are a qualified person under the EEA Regulations. This requirement can be fulfilled by showing the exercise of treaty rights or self-sufficiency; - You must be able to provide evidence that you have been residing in the United Kingdom for a continuous period of 5 years; and - You must not have excess absences from the United Kingdom unless there are exceptional and compelling circumstances surrounding the absences. It is possible to make submissions to the Home Office explaining the absences. ## Using Legal Representation to make a visa application under the EU Settlement Scheme Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an application under the EU Settlement Scheme. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application under the EU Settlement Scheme succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application under the EU Settlement Scheme meets the requirements. ## Successful visa applications under the EU Settlement Scheme [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your application under the EU Settlement Scheme before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your application under the EU Settlement Scheme and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful a successful application under the EU Settlement Scheme. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Update: Report shows that UK’s Hostile Environment Policy could threaten Tier 1 Entrepreneurs Source: https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneurs/ *A recent **Global Entrepreneurship Monitor (GEM) Global report 2017/18* *on entrepreneurial attitudes across the world has highlighted that the UK’s Hostile Environment policy may threaten the future of high net worth immigration to the UK, specifically Tier 1 Entrepreneurs.* ## What are the key findings of the report? The GEM Global [report 2017/18](https://www.gemconsortium.org/report/50012) from Aston University has recently been updated and its’ 2017/18 findings which could be seen as a potential threat to Tier 1 Entrepreneurs in the UK. GEM measures of *entrepreneurial* attitudes, activity, and aspirations in the UK and elsewhere and is the largest single study of entrepreneurial activity in the world. The GEM report found that while 12.9 % of recent immigrants to the UK could be classed as early-stage entrepreneurs last year, only 8.2 % of British nationals fell into the same category. ## Is the UK’s Hostile Environment Policy threating to Tier 1 Entrepreneurs? The report’s authors have said that the study has warned that the government needs to ensure that its’ hostile immigration policies do not undermine the UK economy, by preventing potential Tier 1 Entrepreneurs from coming to the UK. Tier 1 Entrepreneurs make big contributions to the fortune of the UK, by growing new businesses and therefore creating more jobs. This is especially important in the light of Brexit as the UK needs to ensure it remains an attractive place for foreign entrepreneurs. Jonathan Levie, a Professor at the Hunter Centre for Entrepreneurship at Strathclyde University has said that: > *“The reasons for the high levels of early-stage entrepreneurship among immigrants in the UK are complex, but the evidence suggests that a family business background, cultural attitudes and educational achievement all play positive roles”.*  He continued, > *“Perceived discrimination and lack of recognition of foreign qualifications in the labour market may also make a difference, but it’s notable that the vast majority of people who become entrepreneurs in the UK do so out of opportunity, not necessity”.* Therefore, it is in the best interests of the UK to relax its Hostile Environment policies in respect of Tier 1 Entrepreneurs in order to ensure the continuity of high net worth non-EEA individuals adding to the UK’s economy. ## Who are Tier 1 Entrepreneurs? Tier 1 Entrepreneurs refer to high net worth individuals from non-EEA countries, who hold a Tier 1 Entrepreneur visa under the Points-Based System (PBS). The Tier 1 Entrepreneur visa allows business people to come to the UK to establish or take over an existing business in their specialist field. When considering Tier 1 Entrepreneur visa applications the Home Office apply the Immigration Rules strictly with little room for flexibility. It is important to note every requirement must be met with sufficient documentary evidence. Successful Tier 1 Entrepreneurs will have earned a total of 90 points: - 75 points for Attributes; - 10 points for Maintenance; and - 10 points for the English language. Tier 1 Entrepreneurs must show a genuine intention to establish or take over an existing business in the UK. They must also demonstrate that they have £200,000 readily and available to invest. The funds must have been held in the Applicants name for a consecutive 90 day period and must be held in a regulated financial institution. Tier 1 Entrepreneurs must satisfy the Genuine Entrepreneur Test and have a solid business plan that they know inside out. ## What is the importance of submitting a well-prepared Tier 1 Entrepreneur Visa application? In the first quarter of 2018, the Home Office refused an astonishing 47% of Tier 1 Entrepreneur Visa applications. The main reason for a Tier 1 Entrepreneur visa to be refused is when the Applicant fails to demonstrate that they are a genuine entrepreneur and that their £200,000 investment is readily available. Tier 1 Entrepreneurs must show that they have both a credible and viable business. The easiest way to meet this requirement is by submitting a strong application accompanied by a well-prepared business plan. LEXVISA Immigration Solicitors and Barristers have a proven method of submitting Tier 1 visa applications which are reflected in our [success](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur/) rate on these applications. Furthermore, having an application refused adds to an Applicant's adverse immigration history, which can make it difficult for future applications to be successful, even though each application should be decided on its own merit. The cost of appealing a decision can also be great, as well as time-consuming. Contact our team today to schedule a consultation with our solicitors to discuss your options. ## Using Legal Representation to submit a successful Tier 1 Entrepreneur Visa application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 1 Entrepreneur Visa. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Entrepreneur Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 1 Entrepreneur Visa applications Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 1 Entrepreneur Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Tier 1 Entrepreneur Visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 1 Entrepreneur Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # UK Visa Success Story: Unmarried Partner extension application granted Source: https://immigrationandvisasolicitors.co.uk/unmarried-partner-extension/ *Our solicitors and barristers recently received the wonderful news that our client’s (the Applicant) Unmarried Partner extension application had been granted. This was the second application our immigration team had assisted the Applicant preparing. Our immigration team had previously prepared the Applicant’s initial Unmarried Partner application and she now came back asking for assistance in the extension application. In this particular case, the Applicant had opted to purchase the Premium Visa Service, therefore, received a decision on the same day of submission.  * ## The case for an Unmarried Partner extension application The Applicant was an Australian national residing and working in the United Kingdom as a teacher. The Applicant had previously been granted leave to remain as the unmarried partner of a British citizen. The couple’s relationship was still subsisting and they now wished to apply for an extension of leave. In the initial consultation, the couple was informed of the requirements of an extension application and were sent a bespoke documents list requesting for required documents for the Applicant’s application. From the onset, our solicitors had advised the Applicant of the Immigration rules and relevant internal Home Office Policy Guidance. It is crucial for documents to be provided in the correct format as the Home Office can refuse applications on minor technicalities. We prepared the Applicants application to a high standard and our client’s application was successful. We pride ourselves on the service we provide and our ability to provide solutions to our clients who encounter problems with the Home Office. Following the success of our client’s application, the following 5-star review was left on our service: > *“Tekhmeed and the team at Lexvisa once again gave an outstanding service in helping us with our application for a de facto partner visa. This is the second time we have engaged the services of Lexvisa and would have no hesitation in using them again and also in recommending them to others. Quite simply a very professionally run firm with knowledge to match”.* ## The requirements for an Unmarried Partner extension application An Unmarried Partner extension application is made under the Immigration Rules but Applicants should be aware of the relevant appendixes and internal Home Office Policy Guidance. Applicants must also meet the suitability requirements for this application and pay the Immigration Health Surcharge (IHS). Applicants must be able to satisfy the following requirements for a successful extension application: - Your Sponsor must be present and settled in the United Kingdom; - You must meet the immigration status requirement; - You must meet the relationship requirement; - You must meet the financial and accommodation requirement; and - You must meet the English language requirement. It is important all the above requirements are met and the correct documentary evidence is provided in support of the application. If you do not meet the requirements it may be possible to submit an application outside the Immigration Rules asking the Home Office to exercise discretion. These applications are not straightforward as this is a complex area of immigration law and it is best advised for Applicants to obtain legal assistance in preparing the application. ## Using a Premium Visa Service appointment when submitting your Unmarried Partner extension application Some UK Visas and Immigration applications can be submitted using a [premium visa](https://www.gov.uk/ukvi-premium-service-centres) same day service appointment. This service can be used to extend your stay in the United Kingdom or for settlement applications such as Indefinite Leave to Remain. There is an additional fee of £610 on top of the application fee for this service. There is also a mobile super-premium service whereby Applicants can arrange for the Home Office to collect the finalised application pack. There is an additional cost of £10,500 for the mobile service. You cannot apply on behalf of someone else using the premium visa service unless there are exceptional circumstances. It should be noted that the premium visa service cannot be used for Tier 1 Entrepreneur, naturalisation, and most EEA applications amongst others. If you are unsure whether you are eligible to use the premium visa service please contact our immigration team on +442030110276. ## Using Legal Representation to Submit an Unmarried Partner extension application Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an Unmarried Partner extension application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject underprepared Unmarried Partner extension applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully apply for an Unmarried Partner extension Application Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an Unmarried Partner extension application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an Unmarried Partner extension application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an Unmarried Partner extension application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # BCC calls to Scrap Tier 2 Visa Cap in order to boost UK Economy Source: https://immigrationandvisasolicitors.co.uk/tier-2-visa-cap/ *The British Chambers of Commerce (BCC) has called for the Government to scrap the Tier 2 Visa cap in order to boost the UK economy. We have previously posted that the Tier 2 Visa cap has been reached for almost every month this year and due to mounting pressure the cap temporarily does not apply to NHS doctors and nurses; however, there are now calls for the cap to be lifted completely in order to boost the UK economy.  * ## Why is the BCC calling for the Tier 2 Visa Cap to be scrapped? The BCC has just published the results of its [Quarterly Economic Survey for Q2 2018](http://bcc.testing.pm/media/get/QES%20Summary%20Q2%202018.pdf). The survey of more than 6,000 UK companies over the second quarter of 2018 has found that economic conditions remain ‘sluggish’ despite the pick-up in the manufacturing industry. It has concluded that the shortage of skilled workers remains a major concern for UK business leaders and has therefore called for the Tier 2 Visa cap to be scrapped. Adam Marshall, head of the BCC has said: > *“The availability of skilled staff remains the biggest issue that firms face. Unless the government gets a handle on the disarray in the training and apprenticeship system […] the economic potential of many areas across the UK will continue to be held back”.  * The importance of training British nationals is acknowledged, however, the need for filling the shortage occupations is essential for the growth and sustainability of the UK economy. ## What is the Tier 2 Visa Cap? The Home Office has a limit on the number of Tier 2 visas for skilled migrant workers that are granted per year. The annual quota is 20,700 Tier 2 visas, which works out to 1,700 Tier 2 visas allocated per month. We have recently posted that the Tier 2 visa cap has been reached for almost every month this year and as a result of growing pressure, Sajid Javid, Home Secretary, has temporarily removed NHS doctors and nurses from the quota. This is a positive for the much burdened [NHS](https://www.england.nhs.uk/), but there are many other sectors who too would like to see the visa cap removed or adjusted to allow more highly skilled migrant workers and in turn boost the UK economy. ## What is a Tier 2 Visa? Non-EEA skilled workers can come and work in the UK on a [Tier 2](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/723434/Tier_2_Policy_Guidance_07_2018.pdf) visa. The migrant worker must first receive a job offer and Certificate of Sponsorship (CoS) from a fully licenced Tier 2 employer in the UK before making the Tier 2 visa application. In order to recruit skilled workers from overseas, the Tier 2 Sponsor must satisfy the Resident Labour Market Test or the job must be listed on the Home Office’s official [Shortage Occupations List](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list). Jobs that are listed on the Shortage Occupation List are positions where there are gaps in the job market that have not been filled by UK residents. There are many other stringent requirements that need to be met in order to be granted a Tier 2 visa, such as maintenance, accommodation and English language. The UK’s Immigration Rules can be complex; therefore it is important to seek legal advice from qualified Immigration Solicitors before making any UK visa application. Contact our specialist Immigration Team today to schedule a consultation with our expert Solicitors. ## Using Legal Representation to apply for a Tier 2 Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make Tier 2 visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 2 Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Can I apply for British nationality on the basis of being born to a British mother? Source: https://immigrationandvisasolicitors.co.uk/apply-british-nationality/ *The [British Nationality Act 1981](https://www.legislation.gov.uk/ukpga/1981/61) ("the 1981 Act") was introduced to cater for applications for British nationality for those individuals who were not eligible to apply under the old legislation. Prior to the 1981 Act, there was a large class of people who did not have the right to apply for British nationality despite being born to a British parent. Prior to 1 January 1983 children born outside the United Kingdom to British mothers were not eligible to apply for British nationality. * ## Historic background to British nationality applications Prior to 1 January 1983 British women were not able to pass on [British citizenship](https://www.gov.uk/browse/citizenship/citizenship) to their children who were born outside the United Kingdom. However, the position of British fathers was very different as they were able to pass on British citizenship to their children regardless of where their children were born. This position under the law was incredibly discriminatory and was protested against by many social activists in the early 1980’s. In response to the criticism, a provision was introduced under the 1981 Act whereby children of British mothers could apply for British nationality under Section 4C of the British Nationality Act 1981. Applications submitted under Section 4C will now be treated the same way as they would have if women had been able to pass on citizenship in the same way as men. ## Who can apply for British nationality under Section 4C of the British Nationality Act 1981? Section 4C of the British Nationality Act 1981 allows children of British mothers to apply for British nationality if they were born before 1 January 1983. You may be eligible to submit a British nationality application if you can meet the following requirements: - You were born before 1 January 1983; - You would have become a British citizen under Section 5 or Schedule 3 of the British Nationality Act 1928 if those provisions allowed women to pass on nationality the same way as men; or - You would have become a British citizen under Section 12 of the [British Nationality Act 1948](http://www.legislation.gov.uk/ukpga/Geo6/11-12/56/enacted) if those provisions allowed women to pass on nationality the same way as men; - You would have had the right of abode in the United Kingdom under section 2 of the Immigration Act 1971 (as per the two bullet points above); and - You can demonstrate[ good character](https://immigrationandvisasolicitors.co.uk/british-nationality-application/). It is important to note that in British nationality applications there is no statutory definition of good character. Therefore it is important sufficient evidence and documentation is provided to the Home Office to meet this requirement. Those wishing to apply for British Registration should consult with a member of our expert immigration team so we can consider the eligibility criteria and explore whether the requirements can be met. ## Will my British nationality application be successful? Our immigration team has a proven track record of submitting [successful](https://immigrationandvisasolicitors.co.uk/success-british-registration-application/) British nationality applications under Section 4C of the British Nationality Act 1981. The key to submitting a successful application is understanding the wording of the 1981 Act and being familiar with the Home Office internal Policy Guidance. It may be the case where you are eligible for British nationality but your applications is refused on the basis of a lack of documentary evidence being submitted with the application. All our applications are prepared to the [highest level](https://immigrationandvisasolicitors.co.uk/success-british-registration-application/) ensuring that they are given the best chance of success and are processed without delays. Further, every application we submit is tailored to an individual’s circumstances and detailed legal representations accompany the application assisting the Home Office caseworker in making a decision. Whilst we cannot influence a decision we can assist a caseworker to understand the [basis of an application](https://immigrationandvisasolicitors.co.uk/success-british-registration-application/) and submit strong submissions in our legal representations to why an application should be granted. We understand that in some circumstances obtaining the requisite evidence can become a major obstacle in submitting a strong application. Especially in circumstances where the British mother has passed or where the whereabouts of the mother are unknown. In these circumstances, our immigration team has the expertise to advise on how to overcome these barriers. ## Using Legal Representation to submit a successful British nationality application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a British nationality application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject British nationality applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your British nationality application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit a British nationality application Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a British nationality application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a British nationality application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to [successful](https://immigrationandvisasolicitors.co.uk/success/) application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your immigration matter or application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Deport First Appeal Later Case Study: QR (Pakistan) v SSHD [2018] Source: https://immigrationandvisasolicitors.co.uk/deport-first-appeal-later/ *QR (Pakistan), R (on the application of) v the Secretary of State for the Home Department [2018] EWCA Civ 1413 (“QR (Pakistan)”) is another case which has fallen victim to the controversial deport first appeal later policy in the aftermath of the [Kiarie and Byndloss](https://immigrationandvisasolicitors.co.uk/deportation-order-appeals/) judgement. The Supreme Court held in Kiarie and Byndloss that out of country appeals can be unlawful, therefore giving rise to a wave of Judicial Review challenges. * ## Deport First Appeal Later Case Study: Background to QR (Pakistan) The Appellant is a Pakistani national who is married to a British citizen of whom he has two children with and they are also British citizens. The Appellant was served with a Notice of Deportation on 25 April 2016 which he challenged twice on Article 8 European Convention on Human Rights (“ECHR”) grounds. His Article 8 claims were refused and certified under [section 94B](http://www.legislation.gov.uk/ukpga/2002/41/section/94) of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”). The Secretary of State may certify a protection claim or human rights claim if he considers whether removing a person from the UK before they have had a chance to appeal would breach their ECHR rights. Appeals against protection or human rights claims need to be perused out of country; however it is possible to challenge the certification itself by way of Judicial Review from within the UK. ## Deport First Appeal Later Case Study: Facts of QR (Pakistan) The Appellant used Judicial Review proceedings in the Upper Tribunal on 9 May 2016 challenging the certification which was refused so he subsequently lodged an appeal at the Court of Appeal on 11 October 2016. The Appellant was detained on 31 January 2017 and on 10 February 2017 the Secretary of State issued a new decision to refuse the Appellant’s claim based on new facts and to certify the claim under section 94B of the 2002 Act. The Appellant then made an application for an order restraining removal to the Court of Appeal which was refused on 24 February 2017. The Appellant was deported back to Pakistan on 28 February 2017. On 14 June 2017 the Supreme Court handed down the judgements of Kiarie and Byndloss. The Appellant then initiated fresh Judicial Review proceedings as a result of the judgements. However, the High Court refused the Judicial Review proceedings as the Appellant was out of time; being 4 months after the expiry of the 3 month period of which claims can be issued. Nicholas Padfield QC considered the Appellant’s application on 8 December 2017 and refused the claim stating it was *“plainly distinguishable” *from Kiarie and Byndloss and that the Appellant had produced no sufficient evidence to support that an out of country appeal would put him at a disadvantage. ## Deport First Appeal Later Case Study: Outcome of QR (Pakistan) The Appellant appealed this decision on 15 December 2017. The Appellant was subsequently given an extension of time due to the fact that the Appellant’s solicitors had to take instructions from abroad. The court did not consider it appropriate or proportionate to order the return of a deported applicant to pursue his in-country right of appeal. His appeal against the refusal to proceed with the [judicial review](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/454770/JR_Guidance_England_and_Wales_3_0.pdf) was allowed, but the court refused his application for interim relief which would have enabled him to return to the UK to pursue an in-country appeal. Even if the Administrative Court finds the certification unlawful, this does not mean that the Appellant will be allowed to return to the UK to pursue his appeal. ## What is the impact of the Kiarie and Byndloss judgement for Deport First Appeal Later appeals? The judgements of Kiarie and Byndloss held that out of country appeals may be unlawful when Appellants cannot effectively make an out of country appeal due to the difficulties of finding and instructing legal representatives, giving evidence at the hearing and the possibility of providing expert evidence. It is important to seek legal representation before appealing a decision or beginning judicial Review proceedings. Judicial Review can only start once all other appeal rights have been exhausted. Speak to our specialist immigration team and book a consultation to receive bespoke and expert immigration advice. Access the full judgement here: [QR (Pakistan) R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 1413 LEXVISA Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/wp-content/uploads/2018/07/QR-Pakistan-R-on-the-application-of-v-The-Secretary-of-State-for-the-Home-Department-2018-EWCA-Civ-1413-LEXVISA-Solicitors-and-Barristers.pdf) ## Using Legal Representation to appeal Deport First Appeal Later decisions Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an out of country appeal a Deport First Appeal Later decision. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully appeal Deport First Appeal Later decisions Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are located in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Satisfying the Adequate Accommodation Requirement under Appendix FM of the Immigration Rules Source: https://immigrationandvisasolicitors.co.uk/adequate-accommodation-requirement/ *Non-EEA nationals applying to enter or remain in the UK on the basis of their relationship with a British citizen family member, settled in the UK, must ensure they satisfy all of the requirements under Appendix FM of the Immigration Rules. One such requirement is demonstrating that they can be adequately accommodated in the UK without recourse to public funds. Understanding the adequate accommodation requirement can be confusing, which is why it is important for Applicants to contact our Immigration Team to help prepare an application under Appendix FM of the Immigration Rules and ensure that all of the requirements, including the adequate accommodation requirement, are met. * ## What is the Adequate Accommodation Requirement under Appendix FM of the Immigration Rules? On 9 July 2012, there were some huge changes to the UK’s Immigration Rules which introduced new stringent requirements for non-EEA nationals applying to enter or remain in the UK on the basis of their relationship with their British citizen family member who is present and settled in the UK. The introduction of Appendix FM of the Immigration Rules replaced the previous maintenance requirement. There are some categories under Appendix FM of the Immigration Rules that do not need to meet the minimum income requirement of £18,600, and instead, Applicants will need to demonstrate ‘adequate maintenance’. All categories under Appendix FM of the Immigration Rules regardless if they need to meet the minimum income requirement or the ‘adequate maintenance’ requirement will also have to satisfy the adequate accommodation requirement. Applications under Appendix FM of the Immigration Rules under the 5-year settlement route as a partner, parent, dependent child and adult dependent relative must provide evidence that there will be adequate accommodation in the UK, without recourse to public funds. This must be not only for themselves but for other family members who are not included in the application but who live in the same household. The accommodation must be owned or occupied exclusively by the family. Accommodation is not deemed to be adequate if it is or will be overcrowded. ## What is the definition of Overcrowding in respect of the Adequate Accommodation Requirement under Appendix FM of the Immigration Rules? Under paragraph 6 of the [Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-introduction#intro6), the definition of overcrowding is contained in the Housing Act 1985. Under section 324 of the [Housing Act 1985](https://www.legislation.gov.uk/ukpga/1985/68/part/X/crossheading/definition-of-overcrowding) and for the purpose of Immigration applications, a property is deemed to be overcrowded if the room standard is breached. The room standard is breached when the number of persons sleeping in a property and the number of room available as sleeping accommodation is such that two persons aged 10 or over of the opposite sex who are not living together as a couple must sleep in the same room. Children under 1-year-old are not counted and children aged between 1 and 10 are counted as half a person. Sleeping accommodation means bedrooms and living rooms and bathrooms and kitchens are not considered suitable sleeping accommodation. The Home Office decision maker will assess how the sleeping arrangements within the property could be organised rather than how they are currently organised. Overcrowding is only allowed in the following situations: - If a child who has just turned one of the specified ages and alternative accommodation has not yet been arranged; or - When a ‘temporary’ family member is sleeping at the property; meaning they are only there for a short time; or - Where the local authority has given permission for the overcrowding. For assistance with preparing an Immigration application under Appendix FM of the Immigration Rules and understanding the documentation required to demonstrate the adequate accommodation requirement, contact LEXVISA Immigration Solicitors and Barristers today and arrange a consultation. ## Using Legal Representation to satisfy the Adequate Accommodation Requirement under Appendix FM of the Immigration Rules Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct immigration and visa legal representatives to apply for a UK Immigration visa application in the United Kingdom. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence and failure to meet the financial requirement for their application. In order to ensure your UK Immigration visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Immigration visa application meets the Immigration Rules. ## Successfully satisfy the Adequate Accommodation Requirement under Appendix FM of the Immigration Rules [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of UK Immigration visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can offer bespoke advice on complex issues in relation to meeting the financial requirement for your application. We can assist you with the preparation of your UK Immigration visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful UK Immigration visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # UK Visa Success Story: Human Rights application granted Source: https://immigrationandvisasolicitors.co.uk/uk-visa-success-story-human-rights/ *Our solicitors and barristers recently received the wonderful news that our client’s (the Applicant) Human Rights application had been granted. The Applicant did not meet the requirements of an application under the [Immigration Rules](https://www.gov.uk/guidance/immigration-rules), therefore, we had to consider an application outside the Immigration Rules. The Applicant had informed us that she wanted to apply for leave in the United Kingdom on the basis of her family life in the United Kingdom and had informed us of her ill health. Our [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) knew from the onset that the Applicant’s application would be difficult but were determined to assist the Applicant in her time of need. It was clear the Applicant had established family life in the United Kingdom and it would have been unreasonable and unjust if she was removed from the United Kingdom. Especially as she was receiving ongoing medical treatment in the United Kingdom.    * ##  The case for a Human Rights application The Applicant was a South African national residing in the United Kingdom. The Applicant had entered the United Kingdom on a Standard Visitor visa. However, due to her ill health, she overstayed the prescribed 6 months and did not return to South Africa once her visa had expired. Prior to this, the Applicant had always complied with her immigration conditions and was considered to be someone of good character. We were instructed that the Applicant had entered into a relationship with a British national. She had also established a loving relationship with her partner’s children. The Applicant had instructed us to prepare a Human Rights application on the basis of her Private and Family life under the [ECHR](https://www.echr.coe.int/Documents/Convention_ENG.pdf). In our initial consultation, we informed the Applicant of the merits of her case and how our expert immigration team comprising of both solicitors and barristers were able to assist in securing her status in the United Kingdom. We also took detailed instructions from the Applicant regarding her domestic circumstances. From the onset, our solicitors and barristers had advised the Applicant of the relevant documents required to submit a successful application. As this was a Human Rights application outside the Immigration Rules it was crucial the correct supporting documents were submitted with the application and strong legal representations were prepared. Our solicitors and barristers prepare bespoke legal representations for every case ensuring the correct consideration is given to an application by the Home Office. We prepared the Applicant’s Human Rights application to a high standard and as recognition of this, the Home Office granted the application. We pride ourselves on the service we provide and our ability to provide solutions to our clients who encounter problems with the Home Office. Following the success of our client’s Human Rights application, the following[ 5-star review](https://www.google.co.uk/search?q=lexvisa&oq=lexvisa&aqs=chrome..69i57j69i61l3j69i65j69i59.1927j0j4&sourceid=chrome&ie=UTF-8#lrd=0x487604b3604211fb:0xc8921b801ac9871f,1,,,) was left on our service: *“I retained LEXLAW as my immigration consultants in 2017. They have been efficient in every aspect of my case and effective with a very positive outcome for me and my family. I would recommend them to anyone seeking immigration advice and will definitely be retaining them for any future consultation I may require regarding immigration to the UK.”.* ## How to submit a Human Rights application outside the Immigration Rules Where an Applicant does not meet the requirements of a UK Visas and Immigration application or does not fall under one of the prescribed categories, an outside of the Immigration Rules application can be made. The purpose of submitting an application outside of the Immigration Rules is to ask the Home Office to exercise its discretion in exceptional circumstances. The Home Office accept that there are some cases where it is necessary to apply discretion in order to prevent a serious breach of any of the fundamental rights under the European Convention such as Private and Family Life under Article 8 ECHR. The following steps must be taken to submit a successful application: - The first step in preparing a Human Rights application is establishing the basis of the claim. It is important to note your Human Rights application may be deemed invalid if there is an application under the Immigration Rules available; - Secondly, it is important to obtain the correct evidence in support of the Human Rights claim i.e. if it is on the basis of a threat to life then there must be evidence submitted in support of this; and - Thirdly it may be helpful if an Applicant obtains an independent report in support of the Human Rights claim. In addition to the above, it is important detailed legal representations are submitted with the application explaining the circumstances behind the Human Rights claim. There is ample case law on Human Rights claims and reference should be made to these in the representations as this will help the Home Office caseworker in deciding whether to grant the application. ## Using Legal Representation to Submit a Human Rights application Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a Human Rights application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject underprepared Human Rights applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Submit a Human Rights application Application Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Human Rights application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Human Rights application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Human Rights application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Policy Update: EEA Regulations amendments come into force on 24 July 2018 Source: https://immigrationandvisasolicitors.co.uk/eea-regulations-2018/ *The latest *[*amendments*](http://www.legislation.gov.uk/uksi/2018/801/made)* to the Immigration (European Economic Area) 2016 (“the EEA Regulations”) will come into force next Tuesday, 24 July 2018. Currently, nationals of other EEA countries and their family members must make an application under the EEA Regulations in order to come to the UK, as opposed to under the Immigration Rules as is required by non-EEA nationals seeking to make a UK visa application. The requirements under the EEA Regulations are far less stringent than the Immigration Rules, although come March 2019 EEA nationals and their family members will need to make an application under the settled status scheme. In the meantime, however, applications are still to be made in accordance with the EEA Regulations and we outline some of the key changes below.* ## Retaining self-employed status under the EEA Regulations amendment The amendment under Regulation 6 (“qualified person”) of the EEA Regulations brings the rights for [EU nationals](https://www.gov.uk/eu-eea) to retain their self-employed status in line with the conditions for an EU national to retain their status as a worker. Being able to retain self-employed status means that EU nationals will still be considered to be exercising their Treaty Rights. Self-employed status can be retained by EU nationals in the following circumstances: - If the person is temporarily unable to engage in self-employed activities as a result of illness or an accident; - If the person is in duly recorded involuntary unemployment after having worked as a self-employed person in the UK, provided the person- Has registered as a job seeker with the relevant employment office; and - They entered the UK as self-employed or to seek self-employed work, or were in the UK seeking employment or self-employed work immediately after having resided in the UK as self-employed, self-sufficient or as a student; and - They can provide evidence of seeking employment or self-employment and having a genuine chance of being engaged. - If the person is involuntarily no longer self-employed and has embarked on vocational training; or - Has voluntarily ceased self-employment and has embarked on vocational training that is related to their previous occupation. Those who previously worked in the UK as self-employed for a year or more can retain their self-employed status for longer than 6 months if they can demonstrate they are continuing to seek employment. For EU nationals who had worked for less than a year as self-employed in the UK can only retain their self-employed status for 6 months. ## Dual nationality under the EEA Regulations amendment Dual nationality means you can be a citizen of two countries at the same time. Whilst Britain accepts dual citizenship, not all countries do. New regulation 9A (Dual national: national of an EEA State who acquires British citizenship) has been introduced to the EEA Regulations. Under this amendment, nationals of EU countries who have later naturalised as British are able to retain their rights under EU law. This means that if a non-EEA family member wishes to join them in the UK, then they may make an application under the EEA Regulations rather than the more stringent Immigration Rules, as long as the dual national was exercising their Treaty Rights in the UK before they naturalized. It has been reported that this amendment will also become part of the Government’s new [Settled Status Scheme](https://www.gov.uk/guidance/status-of-eu-nationals-in-the-uk-what-you-need-to-know) once the UK has left the EU next year. ## Permanent Residence and Deportation under the EEA Regulations amendment In regard to Permanent Residence under regulation 15 of the EEA Regulations, an amendment has been made to clarify that an EU national who has resided in the UK for 10 years but have acquired the right of Permanent Residence in order to be entitled to greater protection against exclusion from the UK. Changes have also been made to deportation and exclusion order under the EEA Regulations. Any person that is subject to a deportation or exclusion order under the EEA Regulations does not have a right of admission, an initial, extended or permanent right of residence in the UK. Any EU national subject to a deportation or exclusion order who applies for an EEA Family Permit or residence document will have their application deemed invalid. ## Using Legal Representation to make an application under the EEA Regulations Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct immigration and visa legal representatives to make an application under the EEA Regulations. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your EEA application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules and EEA Regulations are complex and a legal representative can help ensure that your application meets the Immigration Rules or EEA Regulations. ## Successful applications under the EEA Regulations [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Permanent Residence application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your application under the EEA Regulations and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful Permanent Residence applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Setting up a Franchise in the UK with a Tier 1 Entrepreneur Visa Source: https://immigrationandvisasolicitors.co.uk/entrepreneur-visa/ Establishing a franchise or taking over an existing franchise in the United Kingdom is an attractive option for high net worth individuals from non-EEA national countries. The Tier 1 Entrepreneur visa allows non-EEA nationals to enter the United Kingdom to run a franchise. Unlike the [Tier 1 Investor visa](https://www.gov.uk/tier-1-investor), it does not require a significant initial investment. Applicants are required to show that they have £200,000 ready to invest in their business venture. ## What is the Tier 1 Entrepreneur visa? The Home Office introduced the Tier 1 Entrepreneur visa for high net worth individuals who have strong business interests and are searching for new business ventures.  The Tier 1 Entrepreneur visa allows non-EEA nationals to set up or take over an existing business in the United Kingdom.  The key attraction for this visa is that unlike the Tier 1 Investor visa it does not require a significant initial investment. The Tier 1 Entrepreneur visa also has attractive settlement routes leading to British citizenship. For many business people acquiring British citizenship is the ultimate goal. ## Using a Tier 1 Entrepreneur visa to set up a Franchise in the United Kingdom In a business context, a franchise is a business which allows individuals to buy the right to their logo, name and business model for a specific period of time. Franchises are extremely common and are often considered to be of low risk. The main benefit of starting a franchise is that you will have ample support and guidance from the head office of the business in question. Another point to consider is that you will be investing into a popular brand with good standing. A franchise is the perfect business venture for entrepreneurs looking to set up a business presence in the United Kingdom. Applicants who wish to set up or take over an existing franchise must meet the same visa requirements as all other applicants. However, Applicants may find it easier to show that the viability and credibility of the business. ## What are the requirements for a Tier 1 Entrepreneur visa? The Tier 1 Entrepreneur Visa is a point based system visa application and Applicants who wish to apply must acquire 95 points under appendix A, B and C of the Immigration Rules. The applicable law is Paragraph 245D of the [Immigration Rules](https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system). To summarise Applicants will be awarded points for the following: - 75 points for meeting the Attributes requirement; - 10 points for meeting the Maintenance requirement; and - 10 points for meeting the English language requirement. To further elaborate on the requirements Applicants must show genuine intention to establish or take over an existing business in the United Kingdom. The business in question could be a franchise in the United Kingdom. It is crucial the financial aspect of this visa application is also met. Applicants are required to show that they have a minimum of £200,000 readily and available to invest. The funds must have been held in the Applicants bank account for a consecutive 90 day period and must be held in a regulated financial institution. Applicants must also demonstrate that they meet the English Language requirement and are able to maintain and accommodate themselves in the UK. It is also important for Applicants to satisfy the Genuine Entrepreneur Test. It should be noted that even if you have acquired 95 points your Tier 1 Entrepreneur visa application can still be refused on the grounds of genuineness. Therefore, it is crucial a strong prepared application is submitting showing that your business venture is viable and credible. ## Using Legal Representation to Submit a Tier 1 Entrepreneur visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your Tier 1 Entrepreneur visa application. It is possible to instruct an immigration and visa legal representative to submit a Tier 1 Entrepreneur visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Tier 1 Entrepreneur visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 1 Entrepreneur visa application meets the Immigration Rules. ## Successful Tier 1 Entrepreneur visa Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your Tier 1 Entrepreneur visa application and the merit of your Tier 1 Entrepreneur visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Tier 1 Entrepreneur visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation for you to discuss a successful Tier 1 Entrepreneur visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Success Story- Spouse Visa Granted Source: https://immigrationandvisasolicitors.co.uk/success-spouse-visa/ *We received some pleasing news late last week that a client’s (the Applicant) Spouse Visa application had been successful. The Applicant had previously submitted an application without legal assistance and her application was refused. The Applicant had also suffered severe delays in her application and it was only after raising a complaint with the Home Office she received an update on her application.  In our initial consultation with the Applicant’s partner, we had explored the possibility of submitting a fresh application in accordance with the Immigration Rules and appropriate internal Home Office Policy Guidance. We knew from the onset that this would be a difficult Spouse Visa application due to the Applicant’s adverse immigration history; however, our team of solicitors and barristers successfully guided the Applicant to a successful application.  ** * ## The case for a Spouse Visa to the UK The Applicant was a Filipino national residing in her home country. The Applicant and Sponsor met on holiday in the Philippines and started dating shortly after. Soon after they met, the couple instantly discovered their shared interests and mutual attraction for one another. During their time together their relationship developed. Over the course of their relationship, the Sponsor regularly visited the Applicant in the Philippines. The couple eventually married and the Applicant wished to join the Sponsor in the United Kingdom. In our initial consultation, the Sponsor had informed us of the difficulties encountered with their previous application. Our Solicitors reviewed the previous refusal and informed the Applicant what was required to submit a successful application. After speaking to our specialist immigration team, the Applicant instructed us to prepare a Spouse Visa Application. ## Submitting a successful Spouse visa Application under the Immigration Rules A spouse visa allows a non-EEA spouse to enter or remain in the UK with their British partner. The requirements for a successful Spouse visa application can be found under the Immigration Rules, Appendix FM and Appendix FM SE of the Immigration Rules. To submit a successful Spouse Visa application you must meet the following requirements: - Your Sponsor must be present and settled in the United Kingdom; - You must be in a genuine and subsisting Marriage and have documents in evidence of this; - You must meet the accommodation requirement; - You must meet the financial requirement; and - You must meet the English language requirement. Depending on what country you applying from you may need to also get a [tuberculosis](https://www.gov.uk/tb-test-visa) certificate. The main obstacle for Applicants is being able to meet the financial requirement of £18,600. There are various ways the financial requirement can be met and also through a combination of sources. For example, salaried employment and cash savings can be combined. However, it should be noted that the different sources are subject to a formula calculation which can be found in the Home Office Policy Guidance on meeting the financial requirement. On 10 August 2017, the much-awaited change to the UK Home Office Policy Guidance had been revealed. We previously wrote about the impact of [MM Majid Javed v SSHD and the impending change to the Home Office Policy Guidance](https://web.archive.org/web/20170223131348/https://immigrationandvisasolicitors.co.uk/supreme-court-ruling-mm-majid-javed/) on meeting the Minimum Income Requirement under [Appendix FM Immigration Rules](https://www.google.co.uk/search?q=appendix+fm-se+of+the+immigration+rules&oq=appendix+fm+se+of+th&aqs=chrome.1.69i57j0.4904j0j4&sourceid=chrome&ie=UTF-8) for UK Spouse Visa Applications. The new Home Office Policy Guidance essentially introduces a new Unjustifiably Harsh Consequences Test by considering any interests of children and alternative sources of income in meeting the [Minimum Income Requirement](https://immigrationandvisasolicitors.co.uk/minimum-income-requirement/). If you are granted a Spouse visa your passport will be stamped with an Entry Clearance stamp valid for up to 30 days. Once you arrive in the United Kingdom you must collect your Biometric Residence Permit (BRP) from a post office. The term of your BRP will be 30 months and an application to extend leave must be submitted 14 days prior to the expiry of the BRP. ## What to do after a Home Office Refusal in a Spouse Visa Application If your Spouse visa application has been refused and you are unsure what action to take next please do not hesitate to contact our specialist immigration team for assistance. In this particular case, the Applicant had a Home Office refusal to her name as the Home Office was not satisfied that she met the Immigration Rules and the financial requirements listed under Appendix FM SE of the Immigration Rules. The Applicant was relying on the Sponsor’s self-employment as a director of a private limited company registered in the United Kingdom with Companies House. The Applicant’s application had been refused on the grounds that she did not meet the financial requirements (£18,600) of her application. After reviewing the application and supporting documents it was clear to our immigration team that the Sponsor had not met the requirements listed under Appendix FM SE of the Immigration Rules. There were numerous documents not submitted with the application. The Applicant had submitted her previous applications without the correct legal guidance and it was clear to us that the application was underprepared. The Applicant’s partner discussed with us a potential appeal to the First Tier Tribunal but decided to proceed with a fresh application with [specialist legal advice](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) from our [Solicitors and Barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/). ## How we can assist in submitting a successful Entry Clearance Spouse Visa Application Our solicitors successfully guided the Applicant through the Spouse Visa application process and prepared outstanding legal representations/submissions which focused on how the Sponsor satisfied the financial threshold requirement of £18,600. Our solicitors had to work closely with the Applicant and Sponsor to ensure they were able to collate all the mandatory documents required for the Applicant’s application. It was essential that a properly executed application that met all the requirements was submitted as the couple had already planned the Applicant’s visit to the UK. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her documents to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with the online visa application form and the financial requirements form. ## Using Legal Representation to Prepare a UK Spouse Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Spouse Visa Application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Spouse Visa Application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Spouse Visa Application meets the Immigration Rules. ## Successful UK Spouse Visa Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Spouse Visa Application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Spouse Visa Application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your UK Spouse Visa Application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # What is a Section 120 Notice under the Nationality, Immigration and Asylum Act 2002? Source: https://immigrationandvisasolicitors.co.uk/section-120-notice/ *Applicants who make an application for leave to remain in the UK based on a protection claim, human rights claim or if a decision to remove or deport has been made against them, have an ongoing duty to raise new matters with the Secretary of State as soon as reasonably practicable after they arise. This is enforced under section 120 notice of the Nationality, Immigration and Asylum Act 2002 (as amended by the 2014 act). If you have been issued with a section 120 notice and need assistance in regard to next steps, please do not hesitate to contact our specialist immigration team to arrange a consultation with our Solicitors and Barristers. * ## What is a Section 120 Notice under the Nationality, Immigration and Asylum Act 2002? A section 120 notice is also referred to as a one-stop notice or statement of additional grounds. Under [section 120](http://www.legislation.gov.uk/ukpga/2002/41/section/120) of the Nationality, Immigration and Asylum Act 2002, the Secretary of State may serve a 120 notice on a person who has either: - made a protection claim or a human rights claim; or - made an application to enter or remain in the UK; or - a decision to deport or remove has been made or may be taken. The Immigration (European Economic Area) Regulations 2016 also provides that a section 120 notice can be served in EEA claims. Once an Applicant has been served with a section 120 notice, the Applicant must provide a statement setting out additional grounds for entering or remaining in the UK, outside the scope of their initial application. Applicants may also provide additional grounds under section 120, even if they have not been issued with a section 120 notice. There may be a time limit specified on the section 120 notice. However, once this limit has expired, the Applicant is still under an ongoing duty to provide the Secretary of State with any new information if their circumstances have changed. If the time limit has expired, the Secretary of State must still consider the additional grounds that have been raised. If the Applicant does not respond to the section 120 notice but then makes a late claim, if the late refused, the Secretary of State can certify it under section 96 of the Nationality, Immigration and Asylum Act 2002. As a result, there will be no right of appeal if the claim could have been raised earlier. Section 96 provides that where the refusal of a claim would ordinarily result in a right of appeal, there will be no right of appeal if the claim should have been made earlier. Section 96 works together with section 120 which imposes an ongoing duty on individuals to raise new matters with the Secretary of State as soon as reasonably practicable after they arise. ## Is there a duty to serve a Section 120 Notice under the Nationality, Immigration and Asylum Act 2002? The case of *[Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260](http://www.bailii.org/ew/cases/EWCA/Civ/2012/260.html)* established that the service of a section notice is at the discretion of the Secretary of State. Furthermore, the previous year case of [*AS (Afghanistan) v Secretary of State for the Home Department* [2011] 1 WLR 385](http://www.bailii.org/ew/cases/EWCA/Civ/2009/1076.html), it was found that the Tribunal has no jurisdiction to consider the new matters in absence of a section 120 notice.  Therefore the power of the Tribunal to consider new grounds is restricted to the Secretary of State’s discretion, which does not appear to have a convincing procedure for its exercise. Understanding the UK’s complex Immigration Rules and legislation can be a confusing task. LEXVISA Solicitors and Barristers are UK immigration experts with experience in dealing with complex immigration matters. If you have been issued with a section 120 notice, or wish to make a statement of additional grounds, contact us today. ## Using Legal Representation if you have been issued with a Section 120 Notice under the Nationality, Immigration and Asylum Act 2002 Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to respond to a section 120 notice. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Immigration application or appeal succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your response to a section 120 notice meets the Immigration Rules. ## Successfully respond to a Section 120 Notice under the Nationality, Immigration and Asylum Act 2002 [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Immigration appeal before your matter even reaches the Home Office. We can assist you in responding to a section 120 notice. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key for successful UK Immigration applications and appeals. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Successfully apply for a Returning Resident Visa Source: https://immigrationandvisasolicitors.co.uk/apply-returning-resident-visa/ *Non-EEA nationals who have acquired indefinite leave to remain in the UK must apply for a returning resident visa if they have been outside the UK for two consecutive years. A returning resident visa application must be submitted from outside the UK and without a returning resident visa stamp, it is likely you will be refused entry on arrival. It is also possible to apply for a returning resident visa if you have been absent for less than two years as a short absence can lead to the revocation of indefinite leave to remain depending on the circumstances behind the absence.  * ## What is the Returning Resident visa? The returning resident visa allows non-EEA nationals who hold indefinite leave to remain to return to the UK after spending two years away. Whilst it is true that indefinite leave to remain holders are no longer subject to immigration controls and there is no time restriction to how long they can reside in the UK, there are conditions attached to the indefinite leave to remain which must be complied with. One of the conditions imposed on indefinite leave to remain holders is that they must not spend more than two consecutive years outside the UK. ## Do I need to apply for a Returning Resident visa? A person who has been outside the UK for a period less than two years may not need to apply for a returning resident visa when returning to the UK to settle but legal advice should be obtained prior to making travel arrangements. In circumstances where an absence is less than two years border force officers will carry out an assessment on arrival. The assessment will be carried out in accordance with paragraph 18 of the Immigration Rules. A person may resume their residence in the UK if the border force officers are satisfied that the person concerned: - Had indefinite leave to remain in the UK when he last left; - Had not been away from the UK for more than 2 years; - Did not receive public funding towards leaving the UK; and - Now seeks entry with the intention to settle. In theory, those who meet the above requirements do not need a visa to enter the UK but it is possible to apply for a returning resident visa. By applying for the visa you will have peace of mind and you will be eliminating your chances of being refused entry. ## What are the eligibility requirements for a Returning Resident visa? If you have been absent for more than 2 years from the UK you must apply for a returning resident visa otherwise you will be refused entry. You will need to meet the following requirements: - Had indefinite leave to remain in the UK when he last left; - Did not receive public funding towards leaving the UK; - Now seeks entry with the intention to settle; and - There are good reasons for you to be granted entry as a returning resident. The following points could constitute as good reason and strengthen your returning resident visa application: - Strong family ties and connections to the UK - i.e. if you have a spouse, children or other immediate family members in the UK. The Home Office would expect to see that those ties have been maintained during the absence via regular communication or visits; or - Strong private ties connections to the UK - i.e. if you have business or properties in the UK or have spent a large number of years in the UK. Private ties could also be built up on the grounds of long residence in the UK - i.e. if you have 12 of the last 15 years in the UK. It would be unfair for the Home Office to refuse you entry to the UK and it may consider as a breach of Article 8 of [ECHR](https://www.echr.coe.int/Documents/Convention_ENG.pdf). Your application may be strengthened if you can show that you have visited the UK during your two year period abroad. This would depend on the timing and type of visit. The Home office will also consider the nature of your absence and whether there are exceptional and compelling circumstances behind your absence. The following points may be considered as exceptional or compelling; to access health treatment or to visit ill family members. It should be noted this is not a fixed list and it is subjective to what constitutes as compelling and exceptional. The nature of your circumstances before departing the UK will also be considered as well as reasons for wishing to return. It is important your returning resident visa applications show a clear intention of settling in the UK. If your application is refused you will be given a statutory right of appeal if it concerns your human rights. If you meet the requirements in the “Windrush Scheme” and you have lost your indefinite leave to remain on the grounds excessive absence from the UK you may be eligible to apply for returning resident visa free of charge. ## Using Legal Representation to Prepare a Returning Resident visa application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a returning resident visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your returning resident visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your returning resident visa application meets the Immigration Rules. ## Successful Returning Resident visa application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your returning resident visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your returning resident visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful returning resident visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your returning resident visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Success Story: Spouse Visa Extension Application Source: https://immigrationandvisasolicitors.co.uk/spouse-visa-extension-application/ *We are delighted with the news that our clients (“the Applicant”) Spouse Visa Extension application was granted. The Applicant had previously used LEXVISA to prepare her further leave to remain application as the spouse of a British citizen and contacted us last month to begin the preparations for her Spouse Visa Extension application. Despite the short deadline, we managed to prepare and submit a strong application, and as the Applicant applied using the Premium Visa Service, she received the decision on the same day. * ## The case for a Spouse Visa Extension Application The Applicant is a national of the United States of America who had used our services previously to apply for her initial spouse visa application in December 2015, on the basis that she is the wife of a British citizen present and settled in the UK. After the initial consultation with our solicitor, the Applicant began collating the necessary updated documents for her spouse visa extension application and after our substantial review process; we were then able to prepare our legal representations and application form. The Applicant had travel arrangements booked and wanted to receive a quick decision from the Home Office on her application. She, therefore opted, to apply using the Home Office [Premium Visa Service](https://www.gov.uk/ukvi-premium-service-centres) and was notified of the decision on the day of her in-person appointment. The Applicant attended an appointment at the selected Visa Application Centre with our legal representations, duly completed FLR (M) application form and all of her supporting documents. The Premium Visa Service is only available to Applicants who are wishing to extend their visa or apply for settlement. ## What are the requirements for a Spouse Visa Extension Application? The requirements for a spouse visa extension application are much the same as the requirements for the initial spouse visa application in terms of maintenance, accommodation, and English language. It is imperative that spouse visa extension Applicants can also demonstrate that their genuine and subsisting relationship with their British citizen spouse is still ongoing since the grant of their initial spouse visa application. Applicants will also need to satisfy the immigration status requirement as is necessary for all further leave to remain applications. It is important that all UK visa Applicants are able to provide the requisite documentation which demonstrates they can meet all of the Home Office requirements and that applications are prepared as strongly as possible to ensure that is has the greatest chance of success. Our specialist Immigration team have an in-depth understanding of the Immigration Rules and take a considerable amount of care and attention in preparing applications and providing detailed accompanying representations. Our bespoke service gives our clients the confidence to return to us to help prepare any extension applications. You can read the [reviews](https://immigrationandvisasolicitors.co.uk/success/) from our previous clients as a testament to our service. ## Satisfying the Financial Requirement of a Spouse Visa Extension Application through Self-Employment as a Partner of a Business One way of meeting the financial requirement is through the Applicant and/or the Sponsor’s self-employment income as a partner of a business. Applicants will still need to meet the minimum income threshold of £18,600, but the specified documents that will be required by the Home Office will differ depending on the type of self-employment income and whether the Applicant is relying on category F or category G. Some of the documents that are required under Appendix FM-SE of the Immigration Rules to demonstrate self-employment income as a partner of a business include the following: - Proof of registration with HMRC; - Partnership documents; - Personal and business bank account statement for the relevant period; - Audited or unaudited accounts for the relevant period; and - Self-Assessment Tax Return for the relevant period. Please note that this is not an exhaustive list and it is advisable to contact an Immigration specialist to ensure all the necessary documents have been provided and meet the Home Office guidelines. Applications relying on self-employment income can require more time to prepare as it is essential that all the financial documents for the relevant period meet all of the Home Office requirements. Failure to provide even one document could result in a refusal. Therefore, it is important to ensure you have enough time to prepare your application. ## Using Legal Representation to prepare and submit a Spouse Visa Extension Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a spouse visa extension application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your spouse visa extension application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your spouse visa extension application meets the Immigration Rules. ## Successfully prepare and submit a Spouse Visa Extension Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your spouse visa extension application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your spouse visa extension application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your spouse visa extension application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Tier 1 Entrepreneur Visa Success Story Source: https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur/ *Our team of expert solicitors received some wonderful news this morning that our client (the Applicant) had been granted a **Tier 1 Entrepreneur visa. From outset, we know this was a difficult case as the Applicant had been refused a Tier 1 Entrepreneur visa application on two previous occasions and as a result, it had put the Applicant in a difficult situation. The Applicant had informed us that it was crucial he was granted a Tier 1 Entrepreneur visa as he had already set up and registered his business in the United Kingdom with Companies House and he had already built a strong network of client’s. Upon instruction, our specialist immigration team successfully prepared the Applicant’s Tier 1 Entrepreneur visa application and received a decision on the within 3 months from the date of submission. Our immigration team also assisted the Applicant in preparing for a [Home Office interview](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-interview/). * ## Background - Tier 1 Entrepreneur visa application The Applicant was an Egyptian national who had extensive qualifications and practical experience in the construction industry and had set up a construction company in the United Kingdom. The Applicant had previously applied for a Tier 1 Entrepreneur visa on two occasions but his applications were refused by the UK Visas and Immigration department of the Home Office. The Applicant’s first application was refused on the grounds that he had failed to provide the requisite documents in support of his Tier 1 Entrepreneur visa application. With respect to his second Tier 1 Entrepreneur visa application it was accepted that he had acquired 95 points but the Home Office did not accept that he was a genuine entrepreneur as he had failed the [Genuine Entrepreneur Test](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-interview/). We were informed that he was invited for an interview and shortly after this Tier 1 Entrepreneur visa application was refused. Our solicitors had reviewed both previous refusals and formed the opinion that both applications were underprepared. After speaking to our expert solicitors, the Applicant was reassured that it was possible for him to overcome the difficulties he had encountered in his previous applications.   The Applicant instructed us to prepare and assist with the submission of his Tier 1 Entrepreneur visa application. Our solicitors were able to prepare an exceptional application and eliminate any concerns, resulting in a successful application. ## How we can assist submit a successful Tier 1 Entrepreneur visa Application In this particular case, the client had informed our immigration team that he would like to submit his Tier 1 Entrepreneur visa application as strong as possible but without delaying his application. Our solicitors were able to provide a solution to the difficulties he had previously encountered. As the Applicant had already set up his business in the United Kingdom we decided that it would be in his best interest if he were to invest half of the required £200,000 into his business prior to the grant of his application. It should be noted that this step should only be taken once legal advice is obtained. By investing some of the monies required in his business prior to the submission of his Tier 1 Entrepreneur visa application the Applicant was able to show a serious intent in establishing a business presence in the United Kingdom. This step also assisted in showing the Home Office that the Applicant was, in fact, a genuine Tier 1 Entrepreneur. Despite investing some of the monies into his business in the United Kingdom the Applicant was invited for a Home Office interview. The purpose of a Home Office interview is for an Entry Clearance Officer (ECO) to make an assessment of whether an Application passes the Genuine Entrepreneur Test. Our solicitors conducted a mock interview with the Applicant ensuring that he was well prepared and he knew what to expect. It is often the case that Applicants attend Home Office interviews underprepared and give the Home Office a negative impression resulting in negative decisions. In addition to the above, our Solicitors prepared a bespoke documents list outlining all the necessary documents required for a successful Tier 1 Entrepreneur visa application. Our solicitors successfully guided the Applicant through the application process and prepared outstanding legal representations, which directly tackled all the issues, involved in the Applicant’s application and highlighted how the Applicant met the UK immigration rules. ## Eligibility for a Tier 1 Entrepreneur visa Application The relevant rules for a Tier 1 Entrepreneur Visa application can be found under Paragraph 245D of the Immigration Rules. In addition to Paragraph 245D, Appendix A, B and C must be considered.  Applicants are required to score 95 points for a successful Tier 1 Entrepreneur Visa application. Applicants will be awarded points for the following: - 75 points for meeting the Attributes requirement; - 10 points for meeting the Maintenance requirement; and - 10 points for meeting the English language requirement. To further elaborate on the requirements Applicants must show genuine intention to establish or take over an existing business in the United Kingdom. Applicants must also demonstrate that they have £200,000 readily and available to invest. The funds must have been held in the Applicants name for a consecutive 90 day period and must be held in a regulated financial institution. Applicants must also demonstrate that they meet the English Language requirement and are able to maintain and accommodate themselves in the UK. It is also important for Applicants to satisfy the Genuine Entrepreneur Test (more information on this requirement provided below). Those wishing to apply for a Tier 1 Entrepreneur visa application must ensure they submit a strong application and it is also strongly advised that legal advice is obtained prior to the submission of an application. ## Can I Switch into a Tier 1 Entrepreneur Visa? The simple answer is yes. However, the more popular route is via Entry Clearance. Applicants who have valid immigration status in the United Kingdom can switch into this visa category if they can meet the requirements. Unfortunately, Applicants on tourist visas cannot switch into the Tier 1 Entrepreneur Visa category within the United Kingdom and an Entry Clearance application must be submitted. ## Using Legal Representation to Submit a Tier 1 Entrepreneur visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your Tier 1 Entrepreneur visa application. It is possible to instruct an immigration and visa legal representative to submit a Tier 1 Entrepreneur visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Tier 1 Entrepreneur visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 1 Entrepreneur visa application meets the Immigration Rules. ## Successful Tier 1 Entrepreneur visa Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your Tier 1 Entrepreneur visa application and the merit of your Tier 1 Entrepreneur visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Tier 1 Entrepreneur visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation for you to discuss a successful Tier 1 Entrepreneur visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # Results are Out – Home Office Release Results of Phase One of Investigation into Paragraph 322 (5) Refusal Letters Source: https://immigrationandvisasolicitors.co.uk/paragraph-322/ *We have recently posted about the highly skilled migrants who wrongly faced [deportation](https://immigrationandvisasolicitors.co.uk/highly-skilled/) under paragraph 322 (5) of the Immigration Rules**. In the wake of this scandal, the Home Office announced that it would investigate all of these Refusal Letters served on migrant applications due to tax discrepancies, and it has recently concluded phase one of its investigation.* ## What has Phase One of the Home Office’s Investigation into Paragraph 322 (5) Refusals Found? Caroline Nokes MP (Minister of State for Immigration), in a letter dated 28 June 2018 to the Home Affairs Committee, advised of the investigation's findings into hundreds of cases involving paragraph 322 (5) of the Immigration Rules. The letter alludes to several hundred cases which were reviewed as part of phase one of its investigations whereby a pattern was established demonstrating highly skilled migrants had inflated their income in order to claim enough points to be eligible for leave to remain or indefinite leave to remain in the UK. The letter explains how a majority of the cases investigated amended their HMRC records by over £10,000 during a period whereby points were being claimed in previous Tier 2 visa applications and not for the intervening years. The Home Office investigation aims to review a further 1,671 cases during phase two which the Home Office expects to complete in the next few weeks. So far, and unsurprisingly, the Home Office has yet to admit to its own failings. ## What is Paragraph 322 (5) of the Immigration Rules? Paragraph 322 (5) of the Immigration Rules states: > *“the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his conduct (including convictions which do not fall within paragraph 322(1C), character or associations or the fact that he represents a threat to national security;* > > *(5A) it is undesirable to permit the person concerned to enter or remain in the United Kingdom because, in the view of the Secretary of State:* > > *(a) their offending has caused serious harm; or* > > *(b) they are a persistent offender who shows a particular disregard for the law”.* Paragraph 322 (5) was primarily introduced to tackle suspected terror activities and potential threats to national security. In the vast majority of these refusals under paragraph 322 (5), Applicants had carried out simple amendments to their tax records and in most cases were legally entitled to do so. However, the Home Office judged them to be guilty of dishonesty without actually inquiring about or investigating how the discrepancies have come about. In some cases, the Home Office themselves may have miscalculated the numbers and incorrectly refused the applications. If you have been affected by this issue we would strongly advise you to seek urgent legal assistance to ensure your right to remain in the UK is secured lawfully. Here at LEXVISA, our Solicitors and Barristers are experienced in dealing with refusal letters citing paragraph 322 (5) of the Immigration Rules and would be happy to assist in any queries you may have. ## Using Legal Representation to Challenge Paragraph 322 (5) Refusals Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with challenging the Home Office. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications or appeals which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your appeal succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully Challenge Paragraph 322 (5) Refusals Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an appeal before your appeal even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an appeal and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an appeal. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # How to apply for Indefinite Leave to Remain as Spouse? Source: https://immigrationandvisasolicitors.co.uk/indefinite-leave-to-remain-as-spouse/ *Non-EEA nationals who can demonstrate continuous residence for a period of 5 years in the United Kingdom as Spouse may be eligible to apply for Indefinite Leave to Remain. It should be noted that Indefinite Leave to Remain is often also referred to as Settlement. The key benefit of acquiring Indefinite Leave to Remain is that you will no longer be under immigration control and you will have permission to reside in the United Kingdom for an unrestricted period. You will also be entitled to access the National Health Service (NHS) and you can access public funds. Further after holding Indefinite Leave to Remain for a full year you can then apply for British citizenship. After all acquiring British citizenship is the ultimate goal for many non-EEA nationals. * ## How to apply for Indefinite Leave to Remain as Spouse? You may be eligible to apply for Indefinite Leave to Remain as a Spouse if you meet the requirements listed under paragraph 287 of the Immigration Rules. In order to apply for Indefinite Leave to Remain as a Spouse, Applicants must have continuously resided in the United Kingdom with valid leave for a minimum period of 5 years. Similarly to the initial spouse visa and extension application, Applicants are still required to show that their relationship with their Spouse is genuine and subsisting. In addition to the relationship requirement, Applicants must meet the financial (£18,600), accommodation and English language requirement. Whilst Applicants are free to travel outside the United Kingdom on their Spouse leave it should be noted that they should not have excessive absences from the United Kingdom. There are some exceptions to the absences requirement and in some circumstances, representations can be prepared and submitted to the Home Office to explain the mitigating circumstances behind excessive absences from the United Kingdom. Ultimately, the caseworkers have discretion available to them whereby they can choose to grant an application where they believe there were valid reasons for the absences. The application itself is submitted by the usual postal method and a decision is usually made within a 6 month period. However, we have noted that well-prepared applications usually receive a decision within 3 months from the submission date. Our team of solicitors prepare Indefinite Leave to Remain applications at a high standard and have an impressive success rate. There is the same day premium visa service option available for an additional fee. The premium visa service allows Applicants to take their completed application to a Home Office centre where their application is reviewed and a decision is made on the same day. However, in some circumstances, the Home Office can delay a decision. This is normally when their complex issues involved in the application. It is our recommendation legal advice is obtained prior to booking a premium visa service appointment. ## English language and Life in the UK Test for your Indefinite Leave to Remain application One of the key requirements for an Indefinite Leave to Remain application is showing that you meet the English language requirement and more importantly you have sufficient knowledge about [life in the UK](https://www.gov.uk/life-in-the-uk-test). These requirements apply to everyone aged from 18 to 64. In order to meet the English language requirement Applicants are required to pass an English speaking and listening qualification at a minimum level of B1 CEFR or higher. Applicants must also sit and pass a Life in the UK test. The purpose of the life in the UK is for Applicants to show they are accustomed to and have integrated to life in the United Kingdom. It is important for Applicants to book this test in advance of the expiry of their visa as there are limited time slots available at the test centres. ## Applying for British citizenship after acquiring Indefinite Leave to Remain  Applicants who have successfully acquired Indefinite Leave to Remain can apply for British citizenship after 12 months from the date of their Indefinite Leave to Remain. For example, if you were granted Indefinite Leave to Remain on 2 July 2018 you may be eligible to apply for British citizenship on 2 July 2019. ## Can Indefinite Leave to Remain be revoked? Applicants who have successfully acquired Indefinite Leave to Remain must be cautious of the conditions of their leave. It is not uncommon for the Home Office to revoke Indefinite Leave to Remain where an Applicant’s circumstances change. An example of a scenario where Indefinite Leave to Remain will be revoked is where an Applicant is no longer permanently resident in the United Kingdom and has been absent from the United Kingdom for a period of more than two years. However, the two-year absence rule does not apply to British overseas citizens and British subjects. In addition to this Indefinite Leave to Remain may also be revoked when there are issues regarding public safety/national security. If you have been in trouble with the police it is recommended that legal advice is obtained immediately to ensure that you are well prepared for lengthy litigation with the Home Office. The Home Office will also revoke Indefinite Leave to Remain where they believe it is obtained fraudulently. ## Using Legal Representation to submit a successful Indefinite Leave to Remain application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an Indefinite Leave to Remain application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject Indefinite Leave to Remain applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Indefinite Leave to Remain application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully submit an Indefinite Leave to Remain Visa application Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an Indefinite Leave to Remain application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an Indefinite Leave to Remain application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an Indefinite Leave to Remain application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # What is the EU Settlement Scheme? Source: https://immigrationandvisasolicitors.co.uk/eu-settlement/ *In the recent Home Office publication “[EU Settlement Scheme Statement of Intent](https://www.gov.uk/government/publications/eu-settlement-scheme-statement-of-intent),” Home Secretary Sajid Javid has once again reassured EU migrants that securing their rights in the UK is the government’s top priority. Despite persistent public reassurance from the Home Secretary, EU nationals are still nervous when it comes to their future in the UK as the [deadline](https://web.archive.org/web/20200816150725/https://www.ft.com/content/64e7f218-4ad4-11e7-919a-1e14ce4af89b) to leave the EU is fast approaching. However, there are encouraging signs for EU nationals as the “EU Settlement Scheme Statement of Intent” explains how EU nationals and their family members can secure their future in the UK post-Brexit.   * ## What is the EU Settlement Scheme? The UK Government recognises the positive contribution made by EU Citizens and their family members and plans to introduce a new EU Settlement Scheme which will enable EU nationals to secure their future in the UK post-Brexit. The Government believes that the EU Settlement Scheme is “a fair and comprehensive deal” which respects the rights of EU nationals. If the EU Settlement Scheme comes into force it would mean that: - EU nationals and their family members who, by 31 December 2020 have been continuously resident in the UK for a period of 5 years will be eligible to apply for a settled status document; - EU nationals and their family members who arrive in the UK by 31 December 2020 can apply for a pre-settled status document which can be converted to a settled status document once they have continuously resided in the United Kingdom for a period of 5 years; - EU nationals can apply for their immediate family members to come and join them in the UK. EU nationals who acquire a pre-settled status or settled status document will be given permission to reside in the UK freely without any restrictions and will have access to health care, pensions and other benefits in the UK. ## Who can apply under the EU Settlement Scheme? The Government has proposed that EU nationals and their family members who arrive in the UK before midnight on 31 December 2020 can secure their future in the UK under the EU Settlement Scheme by applying for either a pre-settled status or settled status document. As it stands EU nationals who are normally resident in the UK but are outside the UK on 31 December 2020 may still be eligible to benefit from the EU Settlement Scheme if they can show that they have maintained continuity of residency in the UK. The Home Office accept that there could be various reasons for absences such as business, holiday or living overseas temporarily. A key distinction between the current free movement rules and the EU Settlement Scheme is that those applying will not be required to show that they hold comprehensive sickness insurance (where applicable) and does not require specific detail on the exercise of Treaty Rights. ## What are the Eligibility Requirements for the EU Settlement Scheme? The Government has decided that the main requirement for an application under the EU Settlement Scheme will be showing residence in the UK which is also referred to as “continuously resident” in the current rules/guidance. This residence requirement is very similar to the current free movement rule for [EEA Permanent Residence](https://immigrationandvisasolicitors.co.uk/success-story-eea-permanent-residence/) applications. EU nationals will have the option of applying for a pre-settled status or a settled status document depending on how long they have been resident in the UK. It should be noted a reference to both documents is made in the Immigration Act 1971 as limited leave to remain (and will be granted under Appendix EU of the Immigration Rules). For the purpose of applying for a settled status document “continuously resident” means a person who has been residing in the UK for 5 years and has not been absent from the UK for more than 6 months in total in any 12 month period. There is no specific number of permitted absences other than the above-mentioned absence.  There are some exceptional and compelling circumstances where EU nationals will be able to apply for settled status even if they have not acquired 5 years residency in the UK. Please contact our immigration team for more information on this. ## Using Legal Representation to Prepare a Settled Status Application under EU Settlement Scheme Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Settled Status Application under EU Settlement Scheme. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Settled Status Application under EU Settlement Scheme succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Settled Status Application under EU Settlement Scheme meets the Immigration Rules. ## Successful Settled Status Application under EU Settlement Scheme [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Settled Status Application under EU Settlement Scheme before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Settled Status Application under EU Settlement Scheme and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Settled Status Application under EU Settlement Scheme. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your Settled Status Application under EU Settlement Scheme. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Additional Information Regarding Settled Status Applications under the EEA Settlement Scheme Source: https://immigrationandvisasolicitors.co.uk/eea-settlement-scheme/ *Further to our article [earlier this week ](https://immigrationandvisasolicitors.co.uk/eu-settlement/)which in accordance with the Home Office’s [EU Settlement Scheme Statement of Intent](https://www.gov.uk/government/publications/eu-settlement-scheme-statement-of-intent) explains what the new EEA Settlement Scheme is and who is eligible to apply, the Home Office has also released details of family members who are eligible to apply under the scheme as well as the process for making a valid application. For assistance in preparing and submitting s settled status application under the EEA Settlement Scheme, contact our Immigration Team to schedule an initial consultation to assess your circumstances.  * ## Which Family Members of EU Nationals be Eligible to apply for Settled Status under the EEA Settlement Scheme? Family members of EU nationals resident in the UK by the end of the implementation period on 31 December 2020 will also be eligible to apply for Settled Status under the EEA Settlement Scheme. Applications that are made by families at the same time will be considered together. The scheme is also open to family members who are resident overseas on 31 December 2020. A family member refers to the spouse, civil partner, durable partner, dependent child or grandchild or dependent parent of an EU national. These relationships must have formed by 31 December 2020. Family members can retain their rights of residence in the UK if their relationship with their EU national family member has ended under the [Free Movement Directive 2004/38/EC](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/590102/Family-members-of-EEA-nationals-who-have-retained-the-right-of-residence-v3_0.pdf). Therefore, under the EEA Settlement Scheme, non-EU national family members will also be able to apply for Settled Status if their EU family member has died, or if they have ceased being a family member by way of termination of the marriage or civil partnership if the EU family member was continuously resident in the UK by 31 December 2020. A non-EU national family member of a British citizen who is lawfully resident in the UK by 31 December 2020 by virtue of the Surinder Singh route under regulation 9 of the EEA Regulations will also be eligible to apply under the Settled Status Scheme. ## What will the Application Process be for making a Settled Status Application under the EEA Settlement Scheme? Reports from the Home Office have emphasised that the application process for making a Settled Status Application under the EEA Settlement Scheme will be *“straightforward and streamlined”* and will be available from later this year. The process, where possible, will help the Applicant to demonstrate their 5 years continuous and lawful residence in the UK on an automated basis by using data held from HMRC and eventually also the DWP. This means that Applicants will not need to provide the documentary evidence themselves. The only instances where Applicants will need to provide the necessary documentary evidence to demonstrate their 5 years lawful residence in the UK is when the HMRC and DWP data does not show 5 years residence. EU nationals and their non-EU family members will need to satisfy the following 4 requirements in order to submit a valid Settled Status Application under the EEA Settlement Scheme: - The application will be completed using a digital application process from inside the UK. However, the Home Office Statement of Intent does mention that it is considering the scope for overseas applications and more information will, therefore, be provided in due course. - Settled Status Applicants will need to pay the required fee for the application under the EEA Settlement Scheme. It is proposed that this fee will be the same as the current fee for a document certifying Permanent Residence, which is £65 for Applicants over the age of 16 and £32.50 for anyone under the age of 16. There will be no application fee for those who have previously been issued a document certifying Permanent Residence, providing that it has not lapsed or been lost. - Applicants will need to provide proof of identity and nationality. For EU nationals this can be a valid passport or national identity card. For non-EU nationals, this can be a valid passport, valid biometric residence card issued under the EEA Regulations or a valid biometric residence permit (BRP). - Applicants will then be required to enrol their facial image so that the Home Office can compare with the Applicants’ ID document. Any non-EU family member who has not previously given their biometric information (facial image and fingerprints) for the purpose of being issued a biometric residence card under the EEA Regulations will need to attend an appointment at a Home Office application centre in order to do so. Settled Status Applicants will not be required to pay the Immigration Health Surcharge. ## Using Legal Representation to Prepare a Settled Status Application under the EEA Settlement Scheme Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Settled Status Application under the EE Settlement Scheme. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Settled Status Application under the EEA Settlement Scheme succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Settled Status Application under the EEA Settlement Scheme meets the Immigration Rules. ## Successful Settled Status Applications under the EEA Settlement Scheme [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Settled Status Application under the EEA Settlement Scheme before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Settled Status Application under the EEA Settlement Scheme and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful Settled Status Application under the EEA Settlement Scheme. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your Settled Status Application under the EEA Settlement Scheme. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Rise in the Unlawful Nullification of British Citizenship over last Decade Source: https://immigrationandvisasolicitors.co.uk/nullification-of-british-citizenship/ *Over the last decade, a review has found that there has been a significant rise in the nullification of British Citizenship. More specifically, this occurred 176 times in 2013 alone. What is more concerning is the fact that in December 2017 the Home Office admitted that most of these nullification cases were deemed to be unlawful. If you have had your British Citizenship nullified, you should contact our specialist Immigration Team to assess whether your citizenship was nullified unlawfully. * ## Why are some of these Nullification of British Citizenship Cases Deemed to be Unlawful? Over the last decade, and especially in 2013, there was a significant increase in the number of cases of nullification of British Citizenship. What is more concerning is that in December last year the Home Office admitted that many of this cases were unlawful. This is because unlike the deprivation of British Citizenship, there is no right of appeal with nullity cases, therefore it is seen as much harsher for the Secretary of State to nullify someone’s citizenship, rather than deprive them of it. Deception is the main ground for both depriving British Citizenship and nullifying citizenship, so there is no specific reasoning as to why over the past decade the Secretary of State has chosen to nullify instead of depriving British Citizenship in all of those cases. According to Home Office guidance, British Citizenship should be nullified if the individual has incorrectly applied for naturalisation and it is discovered that they automatically qualified for British citizenship, for example, they inherited British Citizenship by birth. ## What is the difference between the Nullification of British Citizenship and Deprivation of British Citizenship? Whilst the Nullification of British Citizenship and the [deprivation](https://immigrationandvisasolicitors.co.uk/nullity-of-british-citizenship/) of British Citizenship are similar there are certain stark contrasts between the two. The Secretary of State may choose to [deprive](https://immigrationandvisasolicitors.co.uk/british-citizenship-deprivation-appeals/) an individual of their British citizenship status which results from his naturalisation if he is satisfied that the naturalisation was obtained by means of fraud, false representation or concealment of a material fact. [Nullification](https://www.gov.uk/government/publications/deprivation-and-nullity-of-british-citizenship-nationality-policy-guidance) of British Citizenship is when the naturalisation is deemed to never have taken place. This means the individual concerned does not need to be deprived of their British citizenship because they are regarded as never having been granted citizenship in the first place. This can then have consequences for any family member of the individual who had their citizenship nullified. The test for whether a naturalisation was nullified has been developed through case law and so is not set out in the legislation and can, therefore, be difficult to correctly apply. ## Using Legal Representation to appeal against the Nullification of British citizenship Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to appeal against the Nullification of British citizenship. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully appeal against the Nullification of British Citizenship Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. Our offices are located in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Limited Leave to Remain Success Story Source: https://immigrationandvisasolicitors.co.uk/limited-leave-to-remain/ *Last week our Immigration Team received the wonderful news that our client (the Applicant) has been granted a further period of limited leave to remain in the UK. As the Applicant did not meet all of the Immigration Rules and requirements for his application, our Immigration Team put forward detailed representations outlining his exceptional circumstances and explained that refusing the Applicant leave would infringe his Article 8 European Convention of Human Rights (ECHR) rights.* ## The case for Limited Leave to Remain The Applicant is an Albanian national who initially entered the UK without the requisite documentation. He had since started a relationship with a British national and they have a young British child together. Before obtaining our services, he had already been granted a period of 30 months limited leave to remain in the UK. This was on the basis of his Article 8 ECHR rights, the right to respect one's private and family life. The Applicant did not satisfy the accommodation requirements for the partner route as he was not living with his British national partner. However, he because has a parental relationship with their British national daughter; it would be unreasonable to refuse his visa or suggest that his daughter moves to Albania with him in order to continue their relationship. Therefore the Home Office decided to grant the Applicant a further period of 30 months limited leave to remain. It is always best to ensure that you meet all of the requirements for whichever UK Visas and Immigration application you are making. It is only in the most exceptional circumstances where the Home Office can decide to exercise their discretion to grant a period of limited leave to remain. ## What is Limited Leave to Remain? If an Applicant does not meet all of the Immigration Rules for their application, but there are exceptional circumstances to the case and denying the Applicant leave in the UK would breach their Article 8 ECHR rights, the Home Office can decide to grant a period of 30 months limited leave to remain. The relevant [Home Office guidance](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683449/Family-Private-Life-10yr-routes-v1.0ext.pdf) provides that: > *“If an applicant solely for the 10-year private life route does not otherwise meet the requirements of those Immigration Rules, the decision maker must move on to consider whether, in light of all the information and evidence provided by the applicant, there are exceptional circumstances which would render refusal a breach of ECHR Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family. Where there are, leave to remain outside the Immigration Rules should be granted, on a possible 10-year route to settlement”.* If an Applicant wishes to apply for settlement (also known as Indefinite Leave to Remain) in the UK and they have been granted limited leave, then they will have to make a fresh application every 30 months for 10 years to then be able to qualify for settlement. Our specialist Immigration Team prepares detailed and comprehensive representations to accompany applications that are made outside of the Immigration Rules in order to explain the Applicant’s exceptional and compelling circumstances. If you do not meet all of the Immigration Rules but feel you have exceptional and compelling circumstances as to why you think you should be granted leave in the UK based on your Article 8 ECHR rights, then contact our Immigration Team today to book a consultation to discuss your matter further. ## Using Legal Representation to submit a Limited Leave to Remain Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Limited Leave to Remain application outside the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application has the greatest chance of success. ## Successful Limited Leave to Remain Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration Application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your UK Visa Application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Success Story Indefinite Leave to Remain Granted Source: https://immigrationandvisasolicitors.co.uk/success-indefinite-leave-remain/ *We received some marvellous news this afternoon that our client (the Applicant’s) Indefinite Leave to Remain application was successful. The Applicant had chosen to use a premium visa service appointment ensuring she received a decision on the same day. This was the third occasion we assisted the Applicant with a UK Visa and Immigration application. We initially assisted the Applicant with a Spouse visa and Further Leave to Remain as a Spouse application. In our initial consultation with the Applicant and her partner, we took new instructions regarding their relationship and advised the couple of an Indefinite Leave to Remain application in accordance with the relevant Immigration Rules and Policy Guidance. Our solicitors prepared a perfect Indefinite Leave to Remain application ensuring it was successful with no issues. * ## The case for an Indefinite Leave to Remain application The Applicant was an American national residing in the UK on a Spouse visa. The Applicant’s first visa in the UK was a Tier 1 Entrepreneur visa. Shortly after arriving in the UK she married her partner and switched into a Spouse visa. The Applicant and Sponsor had been in a relationship for over 10 years and have been married for the past 5 years. The couple also have two British children. As the Applicant had acquired 5 years of leave on the Spouse category she was now eligible to submit an Indefinite Leave to Remain application. The Applicant applied for Indefinite Leave to Remain on the basis of her marriage with a British national. This is a popular visa category in which our immigration team specialise in. In our initial consultation, the couple had informed us that they wished to use a premium visa service appointment to submit the Applicant’s application as they had travel plans and needed their passports to be returned to them. ## Submitting a successful Indefinite Leave to Remain application Applying for Indefinite Leave to Remain can be a strenuous process especially when it comes to meeting the requirements under the [Immigration Rules](https://www.gov.uk/guidance/immigration-rules). The Immigration Rules are complex and were not designed for the layperson. The relevant rules for an Indefinite Leave to Remain as a Spouse can be found under paragraph 287 of the Immigration Rules. In addition to paragraph 287 Applicants must be familiar with Appendix FM and Appendix FM SE of the Immigration Rules. To submit a successful Indefinite Leave to Remain as a Spouse application you must meet the following requirements: - You must have acquired 5 years of leave under the Spouse visa route; - You must be able to demonstrate that your marriage is genuine and subsisting; - You must meet the financial requirement of £18,600 and show that you can be accommodated in the UK without recourse to public funds; - You must meet the English language and the life in the UK test requirement. Whilst Applicants are free to travel outside the United Kingdom on their Spouse leave it should be noted that they should not have excessive absences from the United Kingdom. There are some exceptions to the absences requirement and in some circumstances, representations can be prepared and submitted to the Home Office to explain the mitigating circumstances behind excessive absences from the United Kingdom. Ultimately, the caseworkers have discretion available to them whereby they can choose to grant an application where they believe there were valid reasons for the absences. One of the key requirements for an Indefinite Leave to Remain application is showing that you meet the English language requirement and more importantly you have sufficient knowledge about [life in the UK](https://www.gov.uk/life-in-the-uk-test). These requirements apply to everyone aged from 18 to 64. In order to meet the English language requirement Applicants are required to pass an English speaking and listening qualification at a minimum level of B1 CEFR or higher. Applicants must also sit and pass a Life in the UK test. The purpose of the life in the UK is for Applicants to show they are accustomed to and have integrated to life in the United Kingdom. It is important for Applicants to book this test in advance of the expiry of their visa as there are limited time slots available at the test centres. ## Applying for British Citizenship following a successful Indefinite Leave to Remain application The advantage of holding Indefinite Leave to Remain is that Applicants will no longer be subject to immigration control and there is no time restriction on how long they can reside in the UK. Further Applicants can also benefit from the public benefits and services such as medical care (NHS) and income support. Applicants who have acquired Indefinite Leave to Remain can apply for British citizenship after 12 months from the date of their Indefinite Leave to Remain. For example, if you were granted Indefinite Leave to Remain on 8 August 2018 you may be eligible to apply for British citizenship on 8 August 2019. Applicants who have acquired Indefinite Leave to Remain must be cautious of the conditions of their leave. It is not uncommon for the Home Office to revoke Indefinite Leave to Remain where an Applicant’s circumstances change. ## How we can assist in submitting a successful Indefinite Leave to Remain visa application Our solicitors successfully guided the Applicant through the Indefinite Leave to Remain application process and prepared outstanding legal representations/submissions which focused on how the Applicant met the requirements listed under the Immigration Rules. In particular, our solicitors focussed on the Applicant’s ties and connections to the UK. Our solicitors had to work closely with the Applicant and Sponsor to ensure they were able to collate all the mandatory documents required for the Applicant’s application. It was essential that a properly executed application that met all the requirements was submitted as the Applicant had made travel plans to attend her mother’s surprise 70th birthday party. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of her documents to ensure that the Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with booking a premium visa service appointment and the application form. ## Using Legal Representation to Prepare an Indefinite Leave to Remain visa application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an Indefinite Leave to Remain application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Indefinite Leave to Remain application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Indefinite Leave to Remain application meets the Immigration Rules. ## Successful Indefinite Leave to Remain visa application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of Indefinite Leave to Remain application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Indefinite Leave to Remain application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your Indefinite Leave to Remain application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/).   --- # Skilled worker cap continues to be hit despite NHS exemption from quota Source: https://immigrationandvisasolicitors.co.uk/skilled-worker/ *Every month since last December, the maximum number Tier 2 skilled worker visas have been reached. This is despite the fact that last month NHS workers were temporarily made exempt from this limit in order to free up thousands of allocations for skilled workers in other sectors. LEXVISA’s business immigration team specialise in points-based system applications. If you are a non-EU national and a skilled worker or business owner looking to hire a migrant worker, you should contact us and arrange a consultation to discuss how we can assist with your work visa applications. * ## Why is NHS staff excluded from the skilled worker cap and why is the cap continuing to be hit? In the most recent Statement of Changes, as of July 2018, it stated that NHS staff will be temporarily excluded from the Tier 2 cap. This is because there was increasing pressure from the public and Government ministers. The Home Office had said that about 40% of Tier 2 visas were allocated to NHS staff. Therefore removing the cap for NHS staff should’ve given allocations to workers in other industries. However, for July 2018, UKVI figures highlight that 2,446 certificates of sponsorship (CoS) were issued. Approximately 2,000 Tier 2 visas are refused per month. Despite NHS staff being excluded from the visa cap, there are still major shortages in other highly skilled professions, such as lawyers and engineers. ## What is the skilled worker cap? There is a limit on the number of Tier 2 visas that are issued per year. The annual quota is 20,700, which is divided into monthly allocations. Whilst UK businesses are permitted to recruit from overseas, employers are encouraged to employ UK residents first and foremost. A spokesperson for EEF, the manufacturing and engineering body in the UK, has called for the government to scrap the Tier 2 skilled worker cap entirely, along with the Immigration Skills Charge. ## Why is there a high demand for non-EU skilled workers? There is constantly a demand for skilled workers in the UK as there is a labour shortage. This means that there are gaps in the job market that have not been filled by UK residents. All of the shortage occupations in the UK are listed under [Appendix K](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list) of the Immigration Rules. There could be a number of factors as to the labour shortages, including lack of training of UK nationals in certain areas such as the NHS. Whilst there has been a recruitment drive, the government has to take into consideration the fact that it can take years to qualify in certain professions, therefore whilst we wait for UK nationals to get the adequate qualifications and training, there is still going to be a shortage of skilled workers in these areas and therefore turning to talent abroad is the only feasible option. ## Using Legal Representation to apply for a Skilled Worker Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make a visa application as a skilled worker. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Skilled Worker Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Successful Appeal at the Immigration & Asylum First Tier Tribunal – Further Leave to Remain Source: https://immigrationandvisasolicitors.co.uk/successful-first-tier-tribunal-2/ *We received some brilliant mews earlier this week that our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) successfully appealed a Home Office refusal at the First Tier Tribunal. Our specialist immigration team assisted with challenging a Home Office decision denying the Appellant further leave in the United Kingdom as a spouse under the Immigration Rules. It was clear from the onset that the Home Office decision to refuse the application was flawed as it appeared the Home Office caseworker had relied on points that had been previously conceded by the Home Office.  * ## Background to the Appeal to the Immigration and Asylum First Tier Tribunal The Appellant was a Nepalese national who entered the United Kingdom on a Tier 4 Student visa. After his studies, the Appellant voluntary departed from the United Kingdom and submitted an Entry Clearance Fiancé visa application but his application was refused on the grounds of deception. It was alleged that the Appellant had fraudulently obtained a Test of English for International Communication ([TOEIC](https://www.examenglish.com/TOEIC/index.php)) qualification. The Appellant had appealed the decision to refuse his application and had his appeal was allowed. The Appellant arrived in the United Kingdom on his Fiancé visa and married his partner. Following this, the Appellant had applied for Further Leave to Remain as a spouse and surprising his application was refused on the grounds of deception again. The Home Office relied on the grounds they had previously conceded and it was a contentious refusal. The Appellant did not want to submit a fresh application and wanted to challenge the Home Office decision and clear his name as the allegations against him were unfound and there was no concrete evidence to suggest that he had obtained an English language qualification fraudulently. ## The case for submitting an Appeal to the Immigration and Asylum First Tier Tribunal In our initial consultation with the Appellant, we reviewed the Home Office decision with his application and supporting documents. We also discussed the Appellant’s immigration history as it was evident that this was considered by the Home Office in refusing his application. In the Appellant’s refusal letter there had been a lot emphasis on his previous immigration history and the Home Office relied on reasons they had previously conceded on. It was a bizarre refusal and in some aspects a flawed refusal. However, there were some complexities in the Appellant’s case and it was important a well-planned action plan was put together to give the Appellant the best chance of success in his appeal. After months of hard work and dedication, our team of solicitors and barristers were able to get the Home Office decision overturned at the First Tier Tribunal. The Appellant was ecstatic with the outcome. The Appellant was also awarded some costs by the First Tier Tribunal judge. ## Submitting a Further Leave to Remain application To submit a [further leave to remain](https://www.gov.uk/uk-family-visa/partner-spouse) application on the basis of your relationship with a British spouse, there are a number of requirements that must be satisfied. Please see some of the requirements below: - Your partner must be a person settled in the UK or hold British citizenship; - Your previous relationship/marriage must have been terminated; - You must be able to demonstrate that you have been in an ongoing relationship for a period in excess of 2 years or are married or in a civil partnership; - You must have passed an English qualification at the required level. However, there are some circumstances where you may be exempt from meeting this requirement; and - Your partner must meet the financial threshold requirement; this varies depending on the route you are applying under. Your application may be considered either under the 10-year route, 5-year route or the 2-year route. However, you should note that there are numerous ways you can satisfy these requirements. It is imperative you obtain the correct guidance before submitting any application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal. In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements. ## How we can assist submit a successful Appeal to the Immigration & Asylum First Tier Tribunal Our solicitors and barristers drafted comprehensive and strong Grounds for Appeal challenging the defective reasons for refusal. In addition to the Grounds of Appeal, our solicitors and barristers prepared a detailed, structured, indexed and paginated bundle of documents which were relied upon at the appeal hearing. Further, our solicitors and barristers also assisted with the drafting of comprehensive and strong witness statements in support of the Appellant’s appeal. These were the key ingredients towards the success of the Appellant’s appeal. Our solicitors and barristers successfully guided the Applicant through the appeal process ensuring the Appellant was kept up to date with the progress of his appeal. In addition to this, we also assisted the Appellant to gather essential documentary evidence, providing multiple substantial reviews of his documents to give him the best chance of overturning the Home Office decision. The key to a successful appeal at any court of law or tribunal is preparation and providing the correct documentary evidence in support of your case. ## Using Legal Representation to submit a successful appeal at the Immigration and Asylum First Tier Tribunal Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an appeal to the Immigration and Asylum First Tier Tribunal. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your appeal matter has merit, you should seek legal advice from our immigration solicitors and barristers. In an instance where your case has no merits, our immigration solicitors can consider with you a fresh application with the correct documentation ensuring a positive result. To submit a successful appeal at the Immigration and Asylum First Tier Tribunal you will need to obtain the correct documentary evidence in support of your appeal. The UK Immigration Rules are complex and a legal representative can help ensure that your appeal has sufficient grounds to appeal. ## Successful appeals at the Immigration and Asylum First Tier Tribunal [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration appeal at the Immigration and Asylum First Tier Tribunal before your matter even reach the tribunal. We can assist you with the preparation and submission of your appeal at the Immigration and Asylum First Tier Tribunal and ensure your case has the best chance of success. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful appeal at the Immigration and Asylum First Tier Tribunal. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Popular UK Visa routes for non-EEA nationals Source: https://immigrationandvisasolicitors.co.uk/uk-visa-routes/ *Despite Theresa May’s hostile environment in regard to immigration policy, the UK is still a hugely popular destination for non-EEA nationals to migrate to, whether it be for business purposes or to maintain personal relationships. LEXVISA Immigration Team has a great deal of experience in preparing and submitting a wide range of successful UK Visa applications. We summarise some of the most popular UK Visa routes. * ## Popular UK Visa routes for high net worth non-EEA nationals The Tier 1 Visa category allows high net worth individuals from outside the EEA to come to the UK for business purposes. This could be solely for investment purposes under the Tier 1 Investor Visa route. There is also a route available for individuals who aim to set up or take over an existing business in the UK via the Tier 1 [Entrepreneur](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur/) route. Tier 1 Investor and Entrepreneur Visa applications are Points Based System applications, therefore Applicants will need to obtain the relevant number of points in order to be successful. Both the Tier 1 Investor Visa and Tier 1 Entrepreneur Visa offer accelerated routes to settlement in the UK, depending on the level of investment. A main requirement of the Tier 1 [Investor Visa](https://immigrationandvisasolicitors.co.uk/applying-tier-1-investor-visa/) is that Applicants must demonstrate they can invest a minimum of £2 million into the UK. The benefit of applying for a Tier 1 Investor Visa is that there is no English language requirement and Applicants can apply for their family members to join them as their dependents. Tier 1 Entrepreneur Visa requires a minimum investment of £200,000 in either an existing UK business or to set up a new business. Unlike the Investor Visa, however, there is an English language requirement that needs to be satisfied. Furthermore, Tier 1 Entrepreneurs must ensure they have a solid business plan that they know inside out in order to pass the Genuine Entrepreneur Test. In some cases, Tier 1 Entrepreneur Applicants may be invited for a Home Office interview. LEXVISA Immigration Team can conduct a mock interview to ensure that you are well prepared for a Home Office interview. ## Popular UK Visa routes for non-EEA workers Skilled migrant workers from outside the EEA may apply for a [Tier 2](https://immigrationandvisasolicitors.co.uk/tier-2-work-visa/) (General) Visa in order to come to the UK and work for a UK employer. Applicants must have a job offer from a Tier 2 licensed employer from the UK before they can apply. As with the Tier 1 Visas, Tier 2 Visas are also Points Based System applications, and Applicants must acquire 50 points for attributes, 10 points for maintenance and 10 points for English language. The maximum length of the Tier 2 (General) Visa is 5 years and 14 days, or the time given on the certificate of sponsorship (CoS) plus 1 month, whichever is shorter. Tier 2 workers may bring their dependents to the UK and there is also the possibility of settlement after 5 years on the Tier 2 (General) Visa route. For temporary migrant workers, there is the Tier 5 (Temporary Worker) Visa. The categories include creative and sport, charity and religious workers. As with the Tier 2 (General) Visa, Applicants must first have received a job offer from a fully licenced employer in the UK. Tier 5 Applicants must score 30 points for CoS and 10 points for maintenance. Similar to the Tier 1 Entrepreneur category, Applicants will have to satisfy the Genuine Tier 5 (Temporary Worker) Migrant Test. ## Popular UK Visa routes for non-EEA nationals based on relationship to a British citizen UK Visa applications based on relationship to a British citizen are hugely popular. The [Spouse Visa](https://immigrationandvisasolicitors.co.uk/uk-spouse-visa/) route allows the non-EEA spouse or civil partner of a British national or person present and settled in the UK to join them in the UK. There are a number of requirements that Applicants must meet, including the minimum income requirement, English language and demonstrating they have a genuine and subsisting relationship with their spouse. Non-EEA nationals who wish to get married to their British partner in the UK and then apply for the spouse visa may do so via the Fiancé Visa. This is an entry clearance application which will give them leave in the UK for 6 months, during which time they can marry their Sponsor. Once married, they may then apply for the Spouse Visa. The requirements for the [Fiancé Visa](https://immigrationandvisasolicitors.co.uk/uk-fiance-marriage-visa/) are similar to the Spouse Visa. Further, the Unmarried Partner Visa is an option for couples who do not wish to get married but still want to build a life with their partner in the UK. Again, many of the requirements such as maintenance and English language are similar to the Spouse Visa. The key additional requirement of the Unmarried Partner Visa, however, is that the couple must be able to demonstrate they have cohabited for at least 2 years. This can be in in the UK or abroad. All of the above relationship routes are considered using [Appendix FM](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members) of the Immigration Rules. There is a 5 year and 10-year settlement route for Spouse Visa and Unmarried Partner Visa Applicants, depending on individual circumstances. All ## Using Legal Representation to apply for a UK Visa Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make an application on popular UK Visa routes. Caseworkers at the Home Office are trained to reject UK Visa applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful UK Visa Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess possible UK Visa routes and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Entering the UK on a Fiancé visa to marry a settled person Source: https://immigrationandvisasolicitors.co.uk/uk-fiance-visa-marry/ *If you are a settled person and you wish to marry your non-EEA national partner in the United Kingdom you can apply for a Fiancé visa. A UK Fiancé visa allows non-EEA nationals to enter the United Kingdom for a period of 6 months for the sole purpose of getting married. Applicants who wish to apply for a UK Fiancé visa must meet the requirements listed under the Immigration Rules, Appendix FM and Appendix FM-SE of the Immigration Rules.    * ## What is a UK Fiancé Visa? A UK Fiancé visa allows non-EEA nationals to enter the United Kingdom for the purpose of getting married to their settled partner. Applicants will be given 6 months leave and will be required to submit a Spouse visa application to extend their stay in the United Kingdom. The UK Fiancé visa is very different to the UK Spouse Visa. A Spouse visa application can only be submitted after the marriage whereas a UK Fiancé visa is submitted prior to the marriage. ## Permitted activities on the UK Fiancé Visa The rights under a UK Fiancé visa are also different from those of a Spouse visa. Applicants cannot work and study under the UK Fiancé visa. However, Applicants are free to work on a Spouse visa. Your visa could be revoked by the Home Office if you are found in breach of your visa conditions.  Once you have married your British citizen partner, you can then submit a [UK Spouse Visa](https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/) application and if you are granted the Spouse Visa you can then apply to work in the UK. The Fiancé visa should not be mistaken with the [UK Marriage Visitor Visa](https://www.gov.uk/marriage-visa/overview) because your rights could significantly differ depending on which visa you apply for. It is true that both visas allow you to get married in the UK but there are significant differences in your rights to remain in the UK after you have married. Under the Marriage Visitor Visa, you are required to leave the UK to make a further application to remain in the UK. Whereas, the Fiancé Visa allows you to submit an in-country application to extend or switch your visa into another category. In our expert experience, the UKVI processing times are not always realistic and in the vast majority of cases, the Home Office often provide a delayed decision. Therefore you should be prepared for unexpected delays when submitting your application unless you have selected a premium fast-track service. ## What are the requirements for a UK Fiancé Visa? In order to apply for a UK Fiancé, visa Applicants must meet the requirements listed under the Immigration Rules. In addition to the Immigration Rules Applicants must also be aware of the relevant appendixes attached to the Immigration Rules and the Home Office policy guidance used by Home Office caseworkers to assess applications. It is the appendixes (FM & FM-SE) which break down the requirements and explain what documents must be provided with the UK Fiancé application. It should be noted that the Immigration Rules are a strict set of rules which must be met and a failure to meet every single rule will result in a refused application. The main requirements for a UK Fiancé visa are as noted below: - The Applicants fiancé must be present and settled in the UK at the time of the application; - The Applicant and Sponsor must be in a genuine and subsisting relationship and must intend on getting married within 6 months of the visa being granted. This is a key requirement and it is crucial the correct evidence is submitted. In our experience, this is one hardest obstacle to overcome in a UK Fiancé visa application. The Home Office expects Applicants to provide a large amount of documentary evidence in respect of the relationship and proposed marriage; - The Applicant and Sponsor must intend to reside in the UK permanently after the marriage; - The Applicant and Sponsor must have suitable accommodation; - The Sponsor must meet the [minimum financial requirement](https://immigrationandvisasolicitors.co.uk/minimum-income-requirement/)(i.e. have enough money to support yourself and your partner without recourse to public funds); and - The Applicant must satisfy the [English Language requirement](https://immigrationandvisasolicitors.co.uk/english-language-requirement/). If you are granted a UK Fiancé Visa, you will be given leave to enter the UK for 6 months after which you can apply for a [UK Spouse Visa](https://web.archive.org/web/20170116000810/https://immigrationandvisasolicitors.co.uk/uk-marriage-visa-uk-spouse-visa/). ## Using Legal Representation to Submit a UK Fiancé visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and on your UK Fiancé visa application. It is possible to instruct an immigration and visa legal representative to submit a UK Fiancé visa application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK UK Fiancé visa application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier UK Fiancé visa application meets the Immigration Rules. ## Successful UK Fiancé visa application visa Application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your UK Fiancé visa application and the merit of your UK Fiancé visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful UK Fiancé visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation for you to discuss a successful UK Fiancé visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- # Success Story: Further Leave to Remain in the UK granted Source: https://immigrationandvisasolicitors.co.uk/further-leave-to-remain/ *We recently received the good news that our client (“the Applicant”) has been granted further leave to remain in the UK. As the Applicant did not meet all of the eligibility requirements under the Immigration Rules for her application, our Immigration Team put forward detailed representations outlining her exceptional circumstances as to why she should not be refused leave. The Applicant was granted 30 months Further Leave to Remain in the UK and therefore on the 10-year settlement route. * ## The case for Further Leave to Remain in the UK The Applicant is an Albanian national who initially entered the UK without any valid visa status. She then became the unmarried partner of a British citizen and they have since had 2 children together, who are also British. It was on this basis that the Applicant acquired valid leave to remain in the UK. The Applicant instructed us a couple of months before her 30 months leave to remain was due to expire, in order to give us enough time to thoroughly review all of her supporting documents and prepare a strong application and further representations. It is also important to pay the correct Immigration Health Surcharge (IHS) fee, otherwise, failure to do so could result in an application for further leave to remain in the UK to be returned as invalid. It is always best to ensure that you meet all of the eligibility requirements for your UK Visas and Immigration application. It is only in the most exceptional circumstances where the Home Office can decide to exercise their discretion to grant a period of further leave to remain on the 10-year settlement route in cases where not all of the eligibility requirements are met. This is usually in the case where it is deemed that denying a person further leave to remain would be an infringement on their right to private and family life under Article 8 of the European Convention of Human Rights. Contact our specialist immigration team to book a consultation to assess whether you meet the requirements for further leave to remain in the UK or whether you have Article 8 arguments. ## What is the Further Leave to Remain 10-year route to UK settlement? The 10-year route to UK settlement as a partner or parent of a British citizen or person with settled status in the UK is when the Applicant can meet all of the suitability requirements under the Immigration Rules, but cannot meet all of the eligibility requirements that would otherwise qualify them for the 5-year settlement route. Under the [10-year route](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683449/Family-Private-Life-10yr-routes-v1.0ext.pdf), Applicants will need to make an application for further leave to remain to extend their stay for a further 30 months, for 10 years before they can apply for indefinite leave to remain, providing they can then meet all of those requirements. This long residence route can also be used for those in “exceptional” and “compassionate” circumstances. Applications for UK settlement on the 10-year route cannot be made from outside the UK and must be made from within the UK. Time the Applicant has spent in the UK with 3C leave also counts towards lawful residence. ## Using Legal Representation to submit a Further Leave to Remain Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Further Leave to Remain application outside the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application has the greatest chance of success. ## Successful Further Leave to Remain Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration Application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your Further Leave to Remain Application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Business Visa Routes to the UK for non-EEA nationals Source: https://immigrationandvisasolicitors.co.uk/business-visa-route-non-eea/ *There are a number of different business visa routes for non-EEA national business people who wish to work and reside in the United Kingdom. The appropriate business visa route would largely depend on the aims and objectives of individual applicants. The options range from the Tier 1 Investor visa, Tier 1 Entrepreneur visa and the popular Tier 2 General work visa. All three of this business visa routes are applications made under the UK Immigration Rules and the appropriate appendixes/guidance.  * ## The Tier 1 Investor business visa route The Tier 1 Investor business visa route was introduced to attract high net worth individuals who wish to relocate to the United Kingdom. The Tier 1 Investor visa allows overseas business people to make a substantial investment in the United Kingdom and in return could benefit from settlement rights. Under the Tier 1 Investor visa, there are also special accelerated settlement rights for Applicants and their dependents. Investment may be made in the UK in UK Government Bonds, Share Capital or Loan Capital in active and trading UK registered companies. A key attraction for this visa is that there are no maintenance or English language requirements. The relevant rules for a Tier 1 Investor visa application can be found under Paragraph 245E of the Immigration Rules. In addition to Paragraph 245E of the Immigration Rules, the relevant Appendixes must be considered as well as the Home Office Policy Guidance. If you wish to apply for a Tier 1 Investor Visa, you must be a national of a country from outside the [European Economic Area ](https://www.gov.uk/eu-eea)and Switzerland and must have a minimum of £2,000,000 to invest in the UK. ## The Tier 1 Entrepreneur business visa route The [Tier 1 Entrepreneur business visa route ](https://immigrationandvisasolicitors.co.uk/tier-1-entrepreneur-visa/)was designed for high net worth overseas business people who wish to set up or taking over an existing business in the United Kingdom. Applicants must be able to show a minimum investment of £200,000 and must be able to show the origin of the funds. In addition to this Applicants are required to show that their business idea or takeover is both credible and viable. The Home Office has also introduced a Genuine Entrepreneur Test which must be satisfied.  The Tier 1 Entrepreneur visa is initially granted for 3 years 4 months, after which Applicants will need to apply for a 2 years extension before being eligible to apply for Indefinite Leave to Remain in the UK after a continuous 5 year residence period. There is also an option for Applicants to apply under the Accelerated Settlement Programme and achieve a permanent settlement in the UK in 3 years providing certain requirements are met. ## The Tier 2 General work business visa route The Tier 2 General work business visa route allows non-EEA nationals to enter the UK for salaried employment with a UK business who hold a valid Tier 2 Sponsor Licence. In order to apply for a Tier 2 General work visa, Applicants must have a skilled job offer and a Certificate of Sponsorship (CoS) from a Tier 2 employer. The Home Office guidance on Tier 2 Visas offers more detail on how to satisfy the requirements of each Tier 2 Visa category. However, the UK’s Immigration Rules can be complex, therefore it is always best to seek advice from fully qualified immigration experts, such as our team which includes Solicitors and Barristers, before making any Points-Based System application to the Home Office. Contact us today to book an initial consultation with us. ## Using Legal Representation to apply for a Business Visa route application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make an application under one of the business visa routes available under the Immigration Rules. Caseworkers at the Home Office are trained to reject UK Visa applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Business Visa route application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your business visa route application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess possible UK Visa routes and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Entry Clearance Unmarried Partner Visa Success Story Source: https://immigrationandvisasolicitors.co.uk/entry-clearance-unmarried-partner-visa/ *This morning we received the wonderful news from our client (“the Applicant”) that her Entry Clearance Unmarried Partner Visa application was successful and she has been granted 30 months leave to remain in the UK to live with her British citizen partner (“the Sponsor”). The Applicant’s case was particularly challenging as her and her partner did not satisfy the cohabitation requirement in the conventional way. However, our team of Immigration experts requested for a comprehensive range of supporting documents which we thoroughly reviewed, and drafted details representations which clearly set out that the Applicant meets the cohabitation requirement as well as all the other requirements for the application.  * ## The case for an Entry Clearance Unmarried Partner Visa application The Applicant was an American national who met the Sponsor in Vegas whilst he was on holiday with friends. At the time the Applicant was finishing college and the Sponsor was resident in Hong Kong and traveled a lot for work. The two formed an instant connection and began a long distance relationship, communicating with each other frequently and meeting up for trips to each other’s home countries and elsewhere around the world. Once the Applicant finished college, she and the Sponsor decided to travel the world together for the next two years, staying in hotels and Air BnBs across the world. They recently decided to put down roots and settle together in the UK. During the consultation, the couple were confident they met all but one of the requirements for an Entry Clearance Unmarried Partner Visa, except for the two years cohabitation requirement. We advised that there are no guarantees with the Home Office, but we can prepare their application with a strong set of supporting documents and detailed representations to explain their unique circumstances. ## The Cohabitation Requirement for an Entry Clearance Unmarried Partner Visa Many of the requirements for a Spouse Visa and Unmarried Partner Visa are the same, in terms of maintenance, accommodation, and English language. However, the key difference is that Unmarried Partner Visa Applicants must demonstrate at least 2 years of cohabitation with one another. This can be both in the UK and overseas. The usual documents that Applicants provide in order to demonstrate cohabitation are correspondence showing they live at the same address as their British Sponsor. This is to demonstrate that the relationship between the Applicant and Sponsor is genuine and subsisting; although other documents are also required to prove this. LEXVISA Immigration Solicitors are highly experienced to deal with complex Immigration matters. If your circumstances are not straightforward, but you still feel you meet the Immigration Rules and requirements for your UK visa, then you should contact our team and schedule a consultation. ## Paying the Immigration Health Surcharge (IHS) fee as part of an Entry Clearance Unmarried Partner Visa Application The [IHS](https://www.gov.uk/healthcare-immigration-application) was introduced by the Home Office on 6 April 2015 and applies to non-EEA migrants who are coming to the UK for more than 6 months. The IHS fee is not applicable for settlement and citizenship applications. Payment for IHS is collected by the Home Office and goes directly to the National Health Service (NHS). This means that Applicants will have access to NHS services such as the GP and dentist. Paying the IHS fee is mandatory and is paid online through the Government website. Failure to pay the correct IHS fee could result in your application being returned as invalid. If instructed, our team of expert immigration lawyers can consider whether you will need to pay the IHS and how much you will need to pay. ## Using Legal Representation to Submit an Entry Clearance Unmarried Partner Visa Application Legal representatives, such as our [specialist immigration](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an Entry Clearance Unmarried Partner Visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject underprepared Entry Clearance Unmarried Partner Visa applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our [solicitors](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successfully apply for an Entry Clearance Unmarried Partner Visa Our team of [solicitors and barristers](https://immigrationandvisasolicitors.co.uk/our-uk-immigration-lawyers-london/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an Entry Clearance Unmarried Partner Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an Unmarried Partner extension application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules. Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an Entry Clearance Unmarried Partner Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20170116004340/https://immigrationandvisasolicitors.co.uk/contact-us/). --- # Submitting a Tier 2 Sponsor Licence application as a UK Employer Source: https://immigrationandvisasolicitors.co.uk/tier-2-sponsor-licence-application/ *Employers who are established in the UK can submit a [Tier 2 Sponsor Licence](https://www.gov.uk/apply-sponsor-licence) application and sponsor non-EEA workers to work with them in the UK. Tier 2 employers must be aware of the difficulties submitting a Tier 2 Sponsor Licence application as the Home Office will only grant such applications where employers can demonstrate that there is a genuine vacancy that cannot be filled with a suitably qualified or skilled settled worker (British or EU worker). Employers must also be aware of the [Immigration Skills Charge](https://www.legislation.gov.uk/ukdsi/2017/9780111154663) and the [Resident Labour Market Test](https://www.gov.uk/uk-visa-sponsorship-employers/job-suitability). A failure to consider these factors is likely to result in a failed Tier 2 Sponsor Licence application. Our Immigration team has proven the method of submitting successful Tier 2 Sponsor Licence applications and also offer bespoke services in relation to Tier 2 Sponsorship.   * ## What is a Tier 2 Sponsor Licence application? The Tier 2 Sponsorship route is the primary route for non-EEA workers who wish to work in the UK. A Tier 2 Sponsor Licence application allows UK employers to employ non-EEA national workers in the UK.  The Tier Sponsorship route is based on a fundamental principle which is to allow the best and most talented workers from around the world with an opportunity to show off their skills in the UK.  The Tier 2 Sponsorship route benefits both the public and private sector businesses and assists in filling the gap in the UK employment market. ## What are the requirements of a Tier 2 Sponsor Licence application? To apply for a Tier 2 Sponsor Licence you must apply online once you have collated the requisite documents for the application. Tier 2 Employers must only apply once they are able to show that they meet the requirements for a Tier 2 Sponsor Licence.  There are 5 main things which must be considered when applying for a Tier 2 Sponsor Licence. - Employers must be able to show that their business is genuine and operating lawfully in the UK. The Home Office expects employers to provide a specific list of documents to assist them to determine the credibility of the application. The Home Office will be assessing the business structure, relevant accreditations/permissions, insurances and would expect to see tax being paid etc.; - The Home Office will look at the history and background of the employer to ensure that the employer is honest, dependable and reliable. - In particular, the Home Office will be scrutinizing the Human Resources department as employers are required to carry out compliance duties once their Tier 2 Sponsor Licence is granted. Once the employer is granted the Tier 2 Sponsor Licence a member of staff must be assigned as key contact and act as an authorising officer; - The Home Office will also assess whether the employer is offering genuine employment that meets the required skill level and appropriate salary. The skills threshold for sponsored employment that the role being offered must Regulated Qualifications Framework Level 6 or above; and - Employers must have conducted the Resident Labour Market Test prior to applying for a Tier 2 Sponsor Licence. A failure to meet any of the above requirements will lead to a refused application. On average the Home Office review a Tier 2 Sponsor Licence application within 8 to 12 weeks. In some circumstances, the Home Office can also decide to conduct an onsite visit to see the business. This is usually when the application is lacking key information or when the Home Office have reasons to doubt the credibility of the business. ## What is the Resident Labour Market Test (RLMT) in a Tier 2 Sponsor Licence application? The purpose of the Tier 2 Resident Labour Market Test is to protect skilled and settled workers in the UK. To meet the Resident Labour Market Test requirement employers must advertise the job role to workers in the UK on two different platforms for 28 days. One of the platforms must be “Find a Job” which has replaced the former Universal Job Match. By conducting the Resident Labour Market Test employers can show the Home Office that no suitable candidate has come forward for the job role from the UK or EU. Employers may be exempt from conducting the Resident Labour Market Test where the job falls under the [Shortage of Occupation](https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list) list in accordance with Appendix K of the Immigration Rules. There are also a number of other scenarios where an employer may be exempt from the test. ## What is the Immigration Skills Charge in a Tier 2 Sponsor Licence application? On 6 April 2017, the UK Government introduced a new Immigration Skills Charge for Tier 2 visa applications. A Tier 2 Sponsor Licenced employer must pay the charge under the [Immigration Skills Charge Regulations 2017](https://www.legislation.gov.uk/ukdsi/2017/9780111154663).  The charge must be paid each time a Tier 2 Sponsor Licence employer sponsors a worker from outside the European Economic Area (EEA) and Switzerland. The charge is payable at the same time the employer pays to assign the Certificate of Sponsorship to a Tier 2 worker. Employers must note that this fee must be paid by them directly and should not be passed onto the Tier 2 worker.  The fee for the Immigration Skills Charge would largely depend on the size of the organisation and length of employment stated on the certificate of sponsorship. The current Immigration Skills Charge fee is £1000 per year. Tier 2 Employers who have charitable status may be subject to a smaller charge of £364 per person per year. Tier 2 Sponsor Licence employers may not have to pay the Immigration Skills Charge where: - A Tier 2 worker is applying for a visa from outside the UK for less than 6 months; - A Tier 2 worker is applying to extend their visa and was initially granted entry clearance before 6 April 2017; - A Tier 2 worker is applying as a Tier 2 Intra Company Transfer graduate trainee; - A Tier 4 Student is applying to switch into a Tier 2 work visa; - A Tier 2 worker is required to do a specified PhD level job listed in Appendix J of the Immigration Rules. Tier 2 employers are not required to pay the Immigration Skills Charge for dependent family members applying with the main Tier 2 worker. ## Using Legal Representation to apply for a Tier 2 Sponsor Licence application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make an application for a Tier 2 Sponsor Licence application under the Immigration Rules. Caseworkers at the Home Office are trained to reject UK Visa applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 2 Sponsor Licence application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 2 Sponsor Licence application meets the Immigration Rules. ## Successful Tier 2 Sponsor Licence application [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 2 Sponsor Licence visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Tier 2 Sponsor Licence application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful Tier 2 Sponsor Licence applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess possible UK Visa routes and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 --- # How to Retain Rights of Residence in the UK Source: https://immigrationandvisasolicitors.co.uk/retain-rights/ *To retained rights of residence in the UK means that family members of settled people who have come to the UK on the basis of that relationship may be able to remain in the UK if that relationship breakdown or if it ceases to exist. Retained Rights of Residence is legislated under the Immigration (European Economic Area) Regulations 2016 (“EEA Regulations”) for the family members of EEA nationals in the UK. Under the Immigration Rules, there is a separate application to be made for the victims of domestic violence. Call our immigration team to arrange a meeting with us in order to discuss your circumstances and assess whether you qualify to retain rights of residence in the UK.   * ## How to Retain Rights of Residence in the UK under the EEA Regulations The UK has a duty under [Regulation 10](https://web.archive.org/web/20190313165152/http://www.legislation.gov.uk:80/uksi/2016/1052/made) of the EEA Regulations to allow non-EEA family members to apply for retained rights of residence. In order to apply to retain rights of residence in the UK, the conditions listed within Regulation 10 must be met. Applicants are eligible to apply for retained rights of residence in the following circumstances: - where marriage or civil partnership to the EEA sponsor has ended (with a divorce, annulment or dissolution); - the EEA sponsor has died and the Applicant had lived in the UK for at least 1 year before they died; - the Applicant is the child of an EEA national who has died or left the UK, or the child of their spouse or civil partner, or former spouse or civil partner, they were in education when that person died or left the UK, and they continue to be in education; - the Applicant is the parent and have custody of a child who has a retained right of residence because they’re in education in the UK. There are additional requirements if the Applicant is divorced from the settled sponsor or has ended their civil partnership with them. Victims of domestic violence may also be eligible to apply. However, the EEA Regulations only provide for a retained right of residence to former spouses and civil partners. There is no basis for a durable or “unmarried” partner to retain a right of residence for reasons of domestic violence. ## How to Retain Rights of Residence in the UK under the Immigration Rules There is a separate application for victims of domestic violence under the Immigration Rules. The domestic violence provisions apply to the spouses, civil partners, unmarried or same-sex partners of British citizens, settled persons or members of HM forces who has served for at least 4 years. For the purpose of retaining rights of residence in the UK on the basis of domestic violence, the Applicant must be 18 years and over to qualify for leave as a partner. Abuse can include but is not limited to psychological, physical, sexual, financial and emotional abuse. A person who does not have adequate accommodation or any means of obtaining it or they cannot meet their essential living needs is considered destitute. These individuals may also be suitable to apply for retained rights of residence in the UK. For all other reasons that a non-EEA national’s relationship has broken down with their settled sponsor, they will be granted discretionary leave to remain by the secretary of state, or should consider making a fresh application under a different category. ## Using Legal Representation to Retain Rights of Residence in the UK Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit retained rights of residence applications. Caseworkers at the Home Office are trained to reject retained rights of residence applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your retained rights of residence application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your retained rights of residence application meet the Immigration Rules. ## Successfully Retain Rights of Residence in the UK [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your retained rights of residence application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your retained rights of residence application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful retained rights of residence applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Success Story – Further Leave to Remain granted Source: https://immigrationandvisasolicitors.co.uk/further-leave-remain/ *We recently received the wonderful news that our client’s (“the Applicant”) application for Further Leave to Remain had been successful. The Applicant was applying for Further Leave to Remain (also referred to as a Spouse visa extension) and chose to apply using the same day premium visa service appointment. This was the second application we prepared for the Applicant as our specialist immigration team also assisted with the Applicant’s successful initial entry clearance application in September 2015.   * ## The case for Further Leave to Remain in the UK The Applicant was a Ghanaian national who had met his partner at Plymouth University in 2004. Shortly after they met the couple started dating. Over the course of their relationship, they had mixed and integrated with their respective family members and friends. In 2006 the Applicant returned to his home country and in 2008 the couple decided to marry in Ghana. The couple then celebrated the birth of their two children and in September 2015 the couple instructed us to prepare the Applicant’s spouse visa application. A month after submission of the Applicant’s entry clearance spouse visa application he had been granted entry clearance to the United Kingdom. In February 2016 the Applicant arrived in the United Kingdom to be with his wife and two daughters. Since arriving the Applicant’s marriage grew stronger and the couple instructed us again in March 2018 to prepare the Applicant’s Further Leave to Remain (spouse extension) application. The Applicant and his family had travel arrangements for later in the year to attend a family wedding in Ghana and required an expedited decision from the Home Office. We informed the Applicant that he can apply using the Home Office [Premium Visa Service](https://www.gov.uk/ukvi-premium-service-centres) appointment facility. This allowed the Applicant to receive a decision on his Further Leave to Remain application on the same day. The Applicant attended an appointment at the selected Visa Application Centre with our legal representations, duly completed FLR (M) application form and all of his supporting documents. ## Requirements for a Further Leave to Remain Application A Further Leave to Remain application is normally submitted within the United Kingdom. The relevant law can be located in the Immigration Rules and the relevant Home Office guidance. The requirements for a Further Leave to Remain application are very similar to those of the initial entry clearance spouse visa application. However, Applicant’s should be familiar with the exact requirements and the necessary documentation in support of their application. If you fail to meet any of the requirements your application may be refused and you may need to appeal the decision at the First Tier Tribunal. Appeals at the First Tier Tribunal are longwinded as the allocation of hearing dates can take anywhere between 6 to 12 months. The main requirements for a Further Leave to Remain application are as noted below: - Applicants must be able to show that their marriage is still genuine and subsisting; - Applicants must meet the immigration status requirement; - Applicants must meet the English language requirement. From 1 May 2017, the Home Office introduced a new English Language requirement at Level A2 of the Common European Framework of References for Languages (CEFR) for Further Leave to Remain applications; and - Applicants must meet the Financial requirement (earn a minimum of £18,600) and Accommodation requirement. It is important for Applicants to demonstrate that they meet all of the Home Office requirements listed under the Immigration Rules and the relevant appendixes. Applicants must ensure their application is prepared as strongly and diligently as possible as this will give them the greatest chance of success. Our specialist Immigration team have an in-depth understanding of the Immigration Rules and take great care and attention in preparing Further Leave to Remain applications and building strong legal arguments. Our bespoke service gives our clients the confidence to return to us to help prepare Home Office visa applications. ## Using Legal Representation to submit a Further Leave to Remain Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Further Leave to Remain application. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application has the greatest chance of success. ## Successful Further Leave to Remain Applications [Our team of solicitors and barristers](https://web.archive.org/web/20170116004239/https://immigrationandvisasolicitors.co.uk/our-people-immigration-team/) are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Further Leave to Remain application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration Application and ensure that you meet all the requirements of the relevant rules. [We are based in the legal epicentre of London](https://immigrationandvisasolicitors.co.uk/contact-us/), just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your Further Leave to Remain Application. Contact our London immigration solicitors on 02030110276 or complete our [contact form](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/). --- # Rise in number of UK Tier 1 Investor Visa applications Source: https://immigrationandvisasolicitors.co.uk/investor-visa/ *The Tier 1 Investor Visa allows High Net Worth individuals from overseas to come to the UK and invest significant amounts of money. Over a twelve month period, the number of Tier 1 Investor Visa applications has significantly increased. This may be for a number of reasons including the UK’s strong cultural appeal and the attractive accelerated settlement route. This comes despite the uncertainty of Brexit. Investors should contact our specialist business immigration team in order to book a consultation with our experienced solicitors and find out more how we can assist in preparing a successful Tier Investor Visa application.* ## Why has the number of Tier 1 Investor Visa applications increased? The number of Tier 1 Investor Visa applications has dramatically risen in the UK. Between March 2017 and March this year, figures have indicated that 405 high net worth migrant had applied for a Tier 1 Investor Visa to the UK. The majority of applications came from China, followed by Russia and Turkey. The UK has and continues to be an attractive destination for overseas investment, in spite of the uncertainty of Brexit. Brexit, however, has meant that there has been a recent increase in the delays Tier 1 Investors have experienced in renewing their visas as the Home Office is cracking down on ensuring the legitimacy of the investment funds. This was highlighted by Chelsea FC’s owner Roman Abramovich’s Tier 1 Investor Visa extension recently been refused. ## What are the main Tier 1 Investor Visa requirements? The Tier 1 Investor Visa is a Points-Based System application. This means Applicants will need to score 75 points for [attributes](https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/675203/tier-1-investor-v12.0ext.pdf) by: - Demonstrating they have at least £2 million to invest in the UK; and - Having opened a UK bank account. Some of the general requirements for the Tier 1 Investor Visa are that Applicants must be aged 18 years or over, prove the investment funds belong to themselves, their spouse, unmarried or same-sex partner, the investment funds must be disposable in the UK and can be held in one or more regulated financial institutions. The funds can be in the UK or overseas when the Applicant applies. Unlike the Tier 1 Entrepreneur Visa, there is no English language requirement. Tier 1 Investors are not permitted to invest in companies mainly engaged in property investment, property management or property development. ## Tier 1 Investor Visa Settlement Routes The Home Office has introduced an accelerated settlement option for Tier 1 Investors. Tier 1 Investors can apply for accelerated settlement, also referred to as indefinite leave to remain, in the UK if they can show that they have invested significant monies into the UK, far exceeding the minimum £2 million. It should be noted that Applicants cannot combine leave under different categories when applying for accelerated settlement under the Tier 1 Investor Visa route. In order to qualify for accelerated settlement under the Tier 1 Investor Visa route, Applicants must be able to demonstrate the following: - The investment has been in the UK by way of UK Government Bonds, Share Capital or Loan Capital in active and trading UK registered companies; - Applicants who wish to apply for the Accelerated after 2 years must demonstrate a minimum investment of £10 million; or - Applicants who wish to apply for the Accelerated after 3 years must demonstrate a minimum investment of £5 million; or - Applicants wish to apply using the standard settlement route of 5 years must demonstrate a minimum investment of £2 million. ## Using Legal Representation to submit a successful Tier 1 Investor Visa Application Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 1 Investor Visa. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Investor Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules. ## Successful Tier 1 Investor Visa Applications Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 1 Investor Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Tier 1 Investor Visa application and ensure that you meet all the requirements of the relevant rules. We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts. Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 1 Investor Visa application. Contact our London immigration solicitors on 02030110276 or complete our [contact form.](https://web.archive.org/web/20160927032857/http://immigrationandvisasolicitors.co.uk:80/legal-case-assessment/) --- Generated from RankReady