Jan 29, 2013 - Changes to Entrepreneur rules

The government has announced changes to the Immigration Rules concerning Tier 1(Entrepreneurs) which come into force on 31st January, 2013.  The new rules will also apply to applications already made which are outstanding as of 31st January, 2013 (except for the requirement that there is confirmation that the money will remain available to the applicant until such time as it is transferred to the applicant or the applicant’s business).

The new rules will introduce a ‘genuine entrepreneur’ test and a requirement that the investment funds are held on an ongoing basis until their investment in th...

Dec 04, 2012 - Autumn Statement (Pre Budget 2013)

The Chancellor George Osborne delivered his Autumn Statement to Parliament and we would like to highlight below main facts, which we believe would be interesting to our clients.

 Business Tax

In addition to the Budget 2012 announcement, the main Corporation Tax (CT) rate for Financial Year 2014 will be reduced by a further 1% to 21%.
As already announced, the main CT rate for Financial Year 2013 is 23% and the Small Profit rate is 20%.
Obviously the government wants to make UK more tax attractive jurisdiction for multinational corporations (MNC). Most of the UK neighbours have quite low CT rate...

Nov 21, 2012 - Changes to the Immigration Rules

The following changes will be made to the Immigration Rules from 13th December, 2012 (we have omitted many minor technical changes and mention only the significant changes.)


Initial applicants will need to provide evidence of the source of the funds.  

The rules will make clear investors cannot rely on loans raised against investments not in the UK nor rely on any investments not held in the UK.  The rules already precluded these types of investment but the rules are being made explicit in this regard.  Funds will be excluded against which a loan has been secured, where another party...

Nov 08, 2012 - New changes to the Immigration (European Economic Area) Regulations 2006

The government has announced new changes to the EEA Regulations which came into force on 8th November, 2012.

The amended Regulations further qualify the rights of EEA nationals and their family members to enter and reside in the UK and confirm the conditions of rights to permanent residence.

The main changes are as follows:

  • the ECJ judgment in the case of Ruiz Zambrano (C34/09) has been given effect, i.e. the carers of British citizens will have ‘derivative rights’ to enter and reside in the UK
  • changes to who is defined as a ‘primary carer’ for derivative rights
  • extended family members will n...

Nov 04, 2012 - New English requirement for all applicants for indefinite leave to remain

As we previously announced in our news article of 11.06.2012, from 1st October 2013, all applicants for indefinite leave to remain (settlement) will be required to show an English language ability to level B1 CEFR in addition to passing the Life the UK Test, unless they are exempt.  Applicants over the age of 65, as well as those with a mental or physical impairment which prevents them from being able to pass the test, will be exempt, as they are now. 

Sep 05, 2012 - Changes to Immigration Rules

The government has made more changes to the Immigration Rules, many of a minor nature.  In response to the Supreme Court judgment of Alvi the government has placed more guidance into the Immigration Rules so that it does not fall foul of the constitutional requirement that it must be laid before parliament before any substantive immigration requirements become lawfully binding.  Existing errors have also been corrected and clarification has been provided in respect of the particularly poorly drafted recent family migration requirements and new Long Residence and Private Life Rules.

The changes...

Jul 18, 2012 - Supreme Court Rules

Two new Supreme Court judgments (Munir and Alvi), promulgated on 18th July, 2012,  have effectively ruled that all proposed Immigration Rules and  substantive immigration requirements have to be laid before Parliament for approval before they can be lawfully enacted.  This meant that substantive immigration requirements which have not been laid before Parliament for approval - like much of the Policy Guidance behind the Points-Based System and the Codes of Practice - were unlawful.

However, the government has already responded to these judgments by publishing new Statements of Changes and subs...

Jul 15, 2012 - Changes to the Immigration European Economic Area Regulations 2006

On 16th July, 2012, the government announced changes to the EEA Regulations 2006 which govern the rights of EEA nationals and their family members in UK law.  These changes have been brought for the most part to incorporate developments in European case law.

Many of these changes are of a minor technical nature and we set out only the major changes of general interest here:-

1. There are new ‘derivative rights’ of residence for: those caring for self-sufficient EEA children; the children of former EEA national workers where the child is in education; carers of the children of former EEA nation...

Jun 10, 2012 - Family migration changes announced

The government has today announced sweeping changes to family immigration rules which will come into force on 9th July, 2012:-

  1. There will be a minimum earnings requirement of £18,600 in order to sponsor spouses, fiancées, partners and civil partners for settlement in the UK.  If a child is also sponsored the minimum earnings requirement will be £22,400 and £2,400 for each further child.
  2. The probationary period for spouses and partners will be extended from two years to five years.
  3. A five-year probationary period for settlement for partners of Points based System Migrants (as opposed to the cu...

May 10, 2012 - Removing full right of appeal for family visitors

The government has announced today that it will be removing the full right of appeal for family visitors.  The change is expected to come into force in 2014 when family visitors will be able to appeal only on human rights or race discrimination grounds.

From July 2012 the definition of family visitor will be limited so that those coming to visit a cousin, uncle, aunt, niece or nephew will have only a limited right of appeal on human rights or race discrimination grounds.  Furthermore, from July 2012, any family visitor will need to be visiting a settled family member in the UK (or one with ref...