By 2014, any non-EEA applicants intending to undertake a short visit to a family member living in the UK and whose visitor visa applications are refused, will have to re-apply rather than being able to launch...

Is Immigration at the Top of your List?

If you are a Human Resources...

On the 6th April 2012 a series of changes designed by the Government to reduce the numbers of non-EEA foreign nationals working and settling in the UK came into force.  We have documented these in the News pages of this site, and further changes are due in June of this year, which include increasing the level of funds applicants under Tiers 1, 2 and 5 of the Points Based System will need to provide evidence of before they can satisfy the maintenance requirement.

However, a leaked cabinet letter sent by the Home...

The Paragraph provides for; ‘indefinite leave to enter or remain as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom.’ In order to qualify in this category, certain requirements must be met, which include that the dependant must be related to the person present and...

However, judgment was recently published in the case of Agubata v SSHD, [2012] All ER (D) 151 (Jan), in which the Court of Appeal ruled that the Secretary of State’s guidance for Tier 4 students ought to be applied flexibly and in light of the full circumstances of the case.  We’ve written before to suggest that if a visa applicant meets the substantive requirements of the Immigration Rules then, arguably, UK Border Agency officials and judges ought to view...

Essentially, the argument is that where an appellant misses satisfying the requirements of the Immigration Rules by a small margin, and contends that his removal from the UK will breach his rights under Article 8, the weight to be given to the maintenance of immigration controls should be reduced for the purpose of the assessment as to whether his removal from this country should be permitted under Article 8(2).

The Case

In July 2005 Mr Miah, a Bangladeshi...

The poll found 63% of people put the annual income received from overseas students at less than £5.3 billion.  A quarter of people put the value at below £500 million, and more than a third of the 2,766 respondents believed international students were taking places allocated for home (UK and EU) students.  Furthermore, 71% of those asked believed international students stayed in the country long after they graduated.

So what are the real facts?  Well, the...

The Government had lodged an appeal against the decision of the Administrative Court that applicants who make unsuccessful claims to enter or remain in the UK cannot be removed without being given sufficient time for a solicitor to prepare a challenge against their claim.

Silber J had quashed the...

Over the coming weeks we thought we’d focus on some of the key areas which cause concern for expatriates moving to the UK.  We want to share some of the tips we’ve picked up from our work in assisting migrants with their move. 

In this first blog we’re going to focus on the topics of language and cultural differences, as these are two of the most commonly recurring areas which crop up when expats tell us they have had problems with settling into life in the UK.

In the next blog...

1.  Do you employ migrant workers? 

2.  Are you aware of your duties and obligations as the holder of a Sponsor Licence?

3.  Have you had your HR systems checked lately? 

If you’ve answered ‘yes ‘to the first question, you should be answering an assured ‘yes’ to the other two.  If you’re at all unsure of the extent of your duties as a Sponsor of non-EEA migrant workers and you aren’t certain whether your existing HR systems are up-to-date, you need to think seriously about taking action to resolve these uncertainties.

In recent months we have found that increasing numbers of companies we act for have experienced unannounced,...

The report found ‘poor communication, poor managerial oversight and a lack of clarity about roles and responsibilities’ which resulted in a lack of understanding amongst both ministers and frontline immigration officers, as to when and to what extent border checks could be suspended.  Vine stated there is ‘an urgent need to...

The press release accompanying the report highlighted alarming facts unearthed by the Commission, with 1 in 5 young people currently not in employment, education or training and a quarter of a million have been unemployed for over a year.  The Commission points out the detrimental effect this is going to have, not only on the lives and well-being of the young people who cannot...

That is why we were very pleased to read that Migrant Voice will...

It seems that in May 2012 the Migration Advisory Committee (MAC) will initiate a wider review of the Codes of Practice generally, but in the interim period UKBA want to review migrant salary levels of certain specified sectors and occupations within the Codes.

We have been asked for our opinion regarding planned...

The UK currently holds the six-month presidency of the Council of Europe.  The Council is comprised of government ministers from each of the European Union’s Member States, and plays the principal role in deciding policies in areas where countries have not delegated their powers to the other EU institutions.  It cannot propose new legislation, but has the power of setting political guidelines and Cameron clearly intends to use the remaining months of the UK’s presidency to push for changes in the ECtHR.

However, we also receive more complicated queries where a marriage or partnership between a British citizen and their non-EEA spouse has dissolved, but the foreign national also wishes to remain in the UK.  Do they still have the legal right to remain here,...

In 2007, the UK Home Office brought in new regulations governing the pay of non-EEA migrant workers in care homes.  In order for non-EEA foreign nationals to be granted a UK work permit, they would now need to secure a position with a minimum hourly wage of £7.02.  This caused great consternation at the time, since many care homes stated they could not afford to pay staff at these salary levels.  It has always been difficult to find enough UK workers to fill these roles...

The article gives moving case studies of spouses who struggled with adjusting to a new life far from their family and friends.  It is true, however, that relocation is not always a negative experience.  It can be a chance to seize new opportunities which were not available...

The case concerned a Bangladeshi student, Abdullah Munawar, who came to study in the UK in 2008.  He applied for further leave to remain as a Tier 4 (General) Student in February 2010, but this was refused because he did not have the requisite funds in his account when he made the application.  The appeal against the refusal was dismissed in October 2010, but an error of law was found in this decision and the case came before the Upper Tribunal (Immigration and Asylum Chamber) and Judge Pitt, who handed down judgment at the...

Last year saw great upheavals as the Government made drastic changes to the United Kingdom’s Immigration Rules and Regulations.  These changes were designed to reduce the numbers of non-European Union migrants entering the UK to work, study or live.  Employers ranging from large multi-national corporations to smaller, medium sized businesses have been hit by the cap which prevents them from sponsoring skilled non-EU workers unless they meet certain strict criteria, and imposes limits on the numbers of such migrants they may hire....