18-01-19 – 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.

18-01-19 – 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...

16-01-19 – 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...

21-12-18 – 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.  

20-12-18 – 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...

19-12-18 – 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....

17-12-18 – Travelling to the EU countries for British citizens after Brexit

The European Commission confirmed that UK citizens will not need a visa to enter EU countries after Brexit. However, they will need to obtain ETIAS (European Travel Information and Authorization System) entry document, which costs € 7 (£ 6.30). It is expected that this system will be launched in 2021. ETIAS is an entry document that allows citizens from 61 countries, including the United States, Japan and Australia, to travel around the European Union without a visa for up to 90 days for business, tourist, medical or transit purposes. Applications for ETIAS entry document are made online. The...

14-12-18 – A new visa category for international models

Home Office announced the launch of a new visa category for professional models under Tier 5 (Creative temporary workers) route. This visa will allow successful candidates to work in the UK for up to one year. Only models with “international status” and vast experience will be able to qualify for these visas. Also applicants must be high-earners and have pre- booked work for the duration of the visa. In comparison to Tier 2 category, applicants do not need to show the certain level of salary offered to them in the UK.

11-12-18 – Statement of Changes to the Immigration Rules

On 11 December 2018, the Home Office published the latest Statement of Changes in the UK Immigration Rules. Despite the fact that in the beginning of December 2018 Home Office officials announced several major changes to Point Based System including Tier 1 (Investor) route suspension and scrapping Tier 1 (Entrepreneur) visas, there are no changes in these categories outlined in the new Statement. Tier 1 (Investor) and Tier 1 (Entrepreneur) routes appears to remain open for applicants. Changes in Tier 1 (Exceptional Talent) category • Talented architects can now apply under a Tier 1 (Exceptiona...

10-12-18 – UK may cancel Brexit decision

The European Court of Justice ruled that the UK can unilaterally halt Brexit without the official permission of the other 27 EU members and without changing its conditions of EU membership. The decision was made the day before Parliament voting, where MPs will decide the future of the Brexit agreement.