Sep 10, 2018 - Russians in the UK face another review of investor visas

After Theresa May announced the results of the investigation into the poisoning of Sergei and Yulia Skripal, relations between Russia and Britain became more tense. Police investigation found that two Russian GRU agents, assigned by senior level officials of the Russian government, are responsible for the Salisbury attack.

Soon after the report was published, a source close to the Home Office confirmed that all Tier 1 Investor visas issued before 5th of April 2015 will be subject to review. In total, 3000 investor visas were issued between 2008 and 2015, with 700 given to Russian citizens. Thi...

Sep 05, 2018 - Home Office announced the relaunch of immigration scheme for farm workers after Brexit

The UK Government will create 2,500 jobs for migrants from the countries outside the European Union as a part of immigration scheme to support farming industry. Migrants will be able to obtain visas as seasonal workers for up to six months. The program will be launched in spring of 2019 and will last until December 2020 to prevent labour shortages during peak production periods.

The ministers also warned that the program will be suspended if there are cases of violation of immigration rules, and migrants would remain in the country illegally after their visas expire.

The relaunch of the scheme...

Sep 03, 2018 - Home Office loses about 75% of appeals

According to recent reports, the Home Office loses nearly three-quarters of the appeals filed against the decision of the Upper Tribunal. Due to this fact, it is unclear whether it is reasonable to start expensive, lengthy and time consuming court process with such a low success rate.

For example, between April 2017 and March 2018, the Court of Appeal heard 11,974 cases of the UK asylum refusals, of which the Home Office lost 4,332. Of those decisions, Home Office appealed 1 235 further in the Upper Tribunal and lost 900 cases (73%).

If the applicant receives the initial refusal from the Home ...

Aug 30, 2018 - The British immigration rules doubled in length

According to the latest reports, Home Office introduced more than 5,700 changes in the UK Immigration Rules since 2010. Around 1,300 amendments were introduced in 2012, when Teresa May was the Home Secretary and introduced "hostile environment" policy for illegal immigrants.

In some cases, Home office made changes to the rule a week after its publication. One of the documents published in 2014 contained 22 changes, and three days later it was replaced with an updated version, where there were already 250 amendments. The total number of changes made to the Immigration rules since 2010 is almost...

Aug 29, 2018 - Latest statistics on the UK migration

According to the latest report of the Office of National Statistics (ONS), the overall net migration has slightly raised in the last 12 months reaching 270,000 compared to 242,000 last year. Net migration is the difference between the number of immigrants coming to live in the UK and the number of emigrants leaving the country. At the same time, net migration to the UK from the EU countries has reached a six-year minimum and dropped to 87,000 people as per March 2018 statistics, which means that the rise in the overall net migration can be explained by the growing number of immigrants from non...

Aug 23, 2018 - Rights of non EU citizens applying for Retained Right of Residency after the divorce or death of their EU spouse

In the event of divorce of non EU partner from EU citizen or death of the EU partner, the non EU citizen can continue to reside in the UK under the Retained Right of Residency. Until recently one of the main eligibility criteria to obtain such visa was to prove the employment (exercise of treaty rights) in the UK.

In its latest decision, the case of Gauswami India [2018] UKUT 275 (IAC),  the Upper Tier Tribunal ruled out that in the event of divorce of non EU national with EU partner or his death, non EU citizens, can not only show his employment in the UK but also rely on his job seeker statu...

Aug 21, 2018 - Important update for people with European and British citizenship

According to the decision of the Upper Tribunal in the case of Kovacevic (British citizen - Art 21 TFEU) Croatia [2018] UKUT 273 (IAC), residents who have dual citizenship of any EU country and the United Kingdom, cannot rely on the European law when obtaining residency rights for their family members in case they have never exercised their Treaty rights of free movement in the UK.

In the case above, Mrs Kovacevic had dual citizenship – British and Croatian. She moved to the United Kingdom in 1997 and was naturalised as a British citizen in 2007. It is worth mentioning that she became a Britis...

Aug 19, 2018 - Home Office Super Premium Service might stop operating from November 2018

As we have been informed today by the Home Office Super Premium officials, the service might stop operating from November 2018 and no visa categories will be processed anymore.

However the final confirmation and dates of potential termination of the service are yet to be announced in or around October this year.

Aug 16, 2018 - Ukrainian draft evader loses his appeal in the Upper Tribunal

In its latest decision, the Upper Tribunal ruled that asylum cannot be granted to citizens of Ukraine on the ground that they are obliged to undertake compulsory military service in the Ukrainian army, even if it involves participation in the current hostilities along Ukraine’s southern border.

In case [2018] UKUT 241 (IAC), the Upper Tribunal refused asylum to the Ukrainian citizen who evaded military service, despite being aware of the fact that participation in a military conflict may lead to acts which are contrary to basic human conduct. The Upper Tribunal found that practically most of t...

Aug 02, 2018 - New guidance on the cost awards procedure in immigration appeals

The President of the First-tier Immigration and Asylum Tribunal has issued guidance notes on legal costs paid by the Home Office to those immigrants who won their cases on appeal. It was stated that costs to be awarded for cases of “unreasonable conduct”, which is where the Home Office pursued the appeal despite very low merits of success. The guidance also obliges Home Office officials to carry out mandatory initial assessment of each immigration case within six weeks of filing an appeal to assess the merits and decide whether the Home Office should continue challenging the matter at the Trib...