Jan 25, 2019 - Rights of EU citizens residing in the Isle of Man and the Channel Islands

The Upper Tribunal in case of Amsar (Isle of Man: free movement) [2019] UKUT 12 (IAC) confirmed that neither the Isle of Man nor the Channel Islands are member states of the European Union. This means that EU citizens, who work there, cannot exercise their rights of free movement for immigration purposes. Therefor they cannot bring their non EU family members (for example, wife / husband) according to the euro rules.

Jan 25, 2019 - The European Commission has published a report about investor schemes for obtaining citizenship and residence permits in a number of EU member states

Obtaining citizenships («Golden Passports»)

Investors can obtain Bulgaria, Cyprus and Malta citizenship through a simplified way: potential applicants are not required to physically reside in the chosen country and there are no requirements to show any other genuine connections with the country before obtaining citizenship. If the citizenship is granted, the applicant has the right to free movement in the EU area will have access to the EU market where he can carry out economic activities and also has the right to vote and be elected in European and local elections. In other words, by obtainin...

Jan 23, 2019 - Access to public funds for victims of domestic violence

Victims of domestic violence in certain cases can get access to public funds while their application for settlement is pending consideration at the Home Office. The High Court judgement in case of FA v Secretary of State for the Home Department [2018] EWHC 3475, confirmed that this concession applies only to those applicants who already had spouse visas and were on the route to settlement.

The applicant in this case was a citizen of Sudan married to a British citizen. In August 2015, she entered the United Kingdom illegally. Soon she had to leave her husband due to domestic abuse. In August 20...

Jan 21, 2019 - Home Office published EU Settlement Scheme pilot phase report

The pilot phase of EU Settlement Scheme was launched on 1 November 2018 and finished on 21 December 2018. Europeans working in the sector of higher education, health and social welfare took part in the pilot.  In addition, vulnerable residents, for example, children in care and those residents who receive support from certain community groups were also engaged.  The scheme is now opened to public. All EU citizens with valid passports and their non-EU family members with 5 years BRPs can apply for their new immigration status from 21 January 2019. EU residents, who only have identity cards in p...

Jan 18, 2019 - Government plans to allow the right of appeal for extended family members of EU citizens

Home office has confirmed its plans to give the right of appeal  for extended family members of EU citizens who have been denied a residence permit in the UK. The government plans to lay the new legislation as soon as possible.

Jan 18, 2019 - An incomplete set of specified documents can lead to visa refusal when applying for Tier 1 Entrepreneur category

The Court of Appeal in the case Harpreet Singh v Secretary of State for the Home Department [2018] EWCA Civ 2861, supported the decision of the Home Office to refuse visa extension due to the lack of specified supporting documents. At the same time, the court rejected the arguments of the applicant, that evidential flexibility should apply and Home Office could request additional documents on a later stage. In accordance with the Immigration Rules, Tier 1 Entrepreneur applicant in order to extend his visa should create the equivalent of two new full-time jobs and they must exist for at least 1...

Jan 16, 2019 - Thirteen years delay in ILR application

The High Court in case of R (Mohamed) v Secretary of State for the Home Department [2018] EWHC 3547 (Admin), ruled that the Home Office illegally postponed the decision on the ILR application, which was made while  the claimant was a child. However, the court further ruled out that the applicant is not entitled to any damages arising due to the delay.

Mr. Mohamed applied for ILR in 2005 as a dependent family member. He also applied for asylum in the United Kingdom in 2015. Home Office has not yet made a decision on any of these applications. Meanwhile, Mr. Mohamed committed several serious cri...

Dec 21, 2018 - IHS Immigration Healthcare Surcharge will be doubled

The Home Office will double the fee for IHS Immigration Healthcare Surcharge for applications made on or after 8 January 2019. The new fee will be £ 400 per year (£ 300 for Youth Mobility Scheme applicants). A proposal to increase the fee was passed to the Parliament at the end of autumn 2018 and was approved in December.  

Dec 20, 2018 - Home office published White Paper about post-Brexit immigration system

Foreign Minister Sajid Javid in his statement to the Parliament on 19 December 2018, outlined the main directions of immigration policy after the country leaves the European Union:

1) Citizens from the EU countries (except from Ireland) and Switzerland, as well as their family members will be subject to the UK immigration control. This means that they will need to obtain a entry permit to enter the United Kingdom in advance.

2) There will be a single immigration system for all foreign nationals. Free movement for EU citizens will end. This approach will provide equal opportunities for all appl...

Dec 19, 2018 - Derivative right of residence for family members of British citizens under EU law

The Upper Tribunal reviewed the free movement rights of British citizens, who frequently travel to EU countries for business purposes (case LS v SSHD (Article 45 TFEU – derivative rights) [2018] UKUT 00426 (IAC)) and ruled that foreign family members of such British citizens are able to obtain derivative right of residence in accordance with Article 45 of TFEU under certain circumstances. For example, when both partners with British citizenship are cross border workers, their  foreign family member can apply for derivative right of residence if he/she provides childcare while parents are away....