News

15.03.2023 - UK seeks to attract builders with looser immigration rules

Rishi Sunak’s government announced today, 15 March, that it will loosen immigration rules in a bid to attract more foreign construction workers to the UK and address a labor shortage in the industry and to enable them to work on the Skilled Worker Visa basis.

The construction and hospitality sectors account for 6% and 7% of all workforce jobs respectively. Currently, 30% of all jobs in construction are also self-employed. Self-employed workers are not eligible for the Skilled Worker visa route.

Five construction occupations be added to the shortage occupation list sometime before the summer pa...

15.03.2023 - UK Budget 2023: Key points and provisions

Chancellor Jeremy Hunt has unveiled the contents of his first Budget in the House of Commons.

It had a focus on prompting those who have left their jobs to return to the workforce, and boosting business investment.

Here is a summary of the main announcements.

Taxation and wages

  • Cap on amount workers can accumulate in pensions savings over their lifetime before having to pay extra tax (currently £1.07m) to be abolished
  • Tax-free yearly allowance for pension pot to rise from £40,000 to £60,000 - having been frozen for nine years
  • Fuel duty frozen - the 5p cut to fuel duty on petrol an...

10.03.2023 - High Court considers how the loss of work may engage article 8

The treatment of a person’s job in human rights claims has been ambiguous and inconsistent in previous High Court decisions, but the judgment in Kulumbegov v Home Office [2023] EWHC 337 (KB) usefully corrals the decisions of Denisov v Ukraine (app. no. 76639/11), R (oao Atapattu) v SSHD [2011] EWHC 1388 (Admin), and Husson v SSHD [2020] EWCA Civ 329, to confirm two discrete routes in which the loss of work may engage article 8 of the European Convention on Human Rights (ECHR). The decision in this case was a claim for damages, however it also offers some useful pointers as to how these routes ...

09.03.2023 - Statement of changes to the Immigration Rules HC1160

The most significant changes are the addition of the Electronic Travel Authorisation scheme from 13 April 2023, and the introduction of the Innovator Founder route on 13 April 2023. The minimum salary requirement for worker routes has also increased from £25,600 to £26,200.

Electronic Travel Authorisation (ETA) scheme

In a written statement to the House of Commons this morning, immigration minister Robert Jenrick explained that one of the government’s ongoing priorities is securing the UK’s borders and keeping people safe. Part of this initiative is to make sure that everyone wishing to travel...

28.02.2023 - Sponsor licence holders should complete mock audits to prepare for Home Office checks

When employers apply for and are granted a licence to sponsor workers, they make a pledge to accept all the duties of sponsorship, and the Home Office can take compliance action when they consider that a sponsor has failed to uphold their duties or otherwise poses a risk to immigration control. One of the most effective ways for the Home Office to check whether a sponsor is compliant is to audit them through a site visit. They will inspect HR documents and processes and interview employees to verify that the sponsor is complying with their duties.

The Home Office is currently targeting some em...

22.02.2023 - More bad news from the Upper Tribunal for extended family members of EU citizens

What happens when you accidentally apply for an EU Settlement Scheme Family Permit when you meant to apply for an EEA Family Permit under the Immigration (EEA) Regulations 2016?

The answer: you are deprived of the benefit of the EU Settlement Scheme and the EU Withdrawal Agreement.

This is the effect of the Upper Tribunal’s decision in Siddiqa (other family members, EU exit) Bangladesh [2023] UKUT 47 (IAC).

Why are there two different types of application?

Before 31 December 2020 there were two legal regimes operating simultaneously: the EU Settlement Scheme under the UK’s immigration rules (“

21.02.2023 - 2,400 India Young Professionals Scheme visas available under ballot system

The much anticipated India Young Professionals Scheme visas ballot will open at 2:30 pm India Standard Time on 28 February. The ballot will close at 2:30 pm on 2 March 2023.

You will be able to enter the ballot by the link here - https://www.gov.uk/guidance/india-young-professionals-scheme-visa-ballot-system.

The given web-page also confirms some general details about the application process, cost and timings. Eligibility requirements include being an Indian national aged between 18 and 30, with qualification at degree level or above and sufficient savings to support travel to the UK.

A total ...

20.02.2023 - Priority Visa Services for overseas family visa applications

From 20 February 2023 UK Visa and Immigration Service is re-introducing Priority Visa services for customers with a new overseas family visa application. Priority Visa applications will be assessed within 30 days/6 weeks from the date of biometric submission.

The fee for this service is the usual fee of £573.

As regards the practical application of this service, most practitioners state thar the system works slightly different this time though, in a way that you have to submit it as a normal application, they then email you within 1-2 weeks of the biometric appointment and then you are asked i...

17.02.2023 - The risk of visa applications being treated as withdrawn due to travel

This article looks at when you are and are not able to travel, and how important your location is to your application.

Location at the time of submission: does it really matter anymore?

Back when UK Visa and Immigration (UKVI) applications were made by post or in-person at a Public Enquiry Office, an applicant was required to physically hand over their passport. The issues around international travel were largely resolved due to the impracticality of getting the passport back. Now, with applicants retaining passports and the digitalisation of some application processes, the issue of where an a...

14.02.2023 - Differential treatment of Ukrainian and Afghan applications justified on national security grounds

In AB v Secretary of State for the Home Department & Ors [2023] EWHC 287 (Admin), the High Court found that the Home Office did not discriminate against Afghan nationals, compared to Ukrainian nationals, in the context of the biometrics requirement for entry clearance applications.

The facts

AB worked as a prosecutor in Afghanistan, under the International Security Assistance Force, until the Taliban took over in summer 2021. In her role, she was involved in anti-terrorism prosecutions, including of Taliban members. Following the Taliban’s takeover and she was forced to leave Afghanistan and h...

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