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Brexit – EEA immigration rights – where are we?

The idea of Brexit seemed a simple one: The People (or some of them at any rate) would be able to vote in a referendum to decide whether the UK should remain in the EU or leave. Subsequently the Government would implement or abide by The People’s decision. But it became a great deal more complicated than that. The Government has discovered – and increasingly so as events have moved on – that it cannot act freely without agreement from Parliament.

Ten years’ continuous residence – settlement – appeal

As many readers may know, there is a rule within the immigration rules that enables migrants who have lived in the UK for ten continuous years – under any type of visa or any combination of visas – to acquire indefinite leave to remain (ie settlement) on that basis. The principle is a simple one and, unless there are any significant countervailing factors, the migrant can rely on it. Briefly and basically, the applicant has to show that they have been

Immigration Rules – children – sole responsibility

The UK Immigration Rules generally cater quite well for close dependants, ie partners and children. If the main applicant (in, for example, working, investment or study visa categories) meets all the various visa application requirements their close dependants can – unless there are any strongly adverse factors – successfully apply for dependant visas. If the main applicant’s application is unsuccessful then of course the dependants’ applications are refused as well – a dependant’s application stands or falls with that of the

Extradition request from Russia – Shmatko case

A recent case in the High Court of England and Wales, “Alexey Shmatko and The Russian Federation”, threw some interesting light on extradition requests from Russia and the view of the British courts. Some people might be surprised to know that Russia and the UK have an extradition arrangement. Also perhaps surprising for some is the fact that Russia, being a member of the Council of Europe, purportedly submits to the jurisdiction of the European Court of Human Rights. So on

Extradition requests from Russia – continued

We recently reported about the High Court case of “Shmatko”, in which Mr Shmatko successfully resisted extradition to Russia. He won the case on the basis of unacceptable conditions within the Russian prison system and human rights, but the court also appeared to have some strong feelings about the inadequacies of the Russian courts and justice system, although these issues were not fully tested. The court’s judgement reminded us of the interesting fact that some recent extradition requests from Russia to the

Tier 1 Investor reform and Tier 1 Entrepreneur replacement?

Late last year the Home Office abruptly announced that the Tier 1 Investor visa route was going to be suspended then, equally abruptly, that it was not going to be suspended after all. The very vague given reason for this extraordinary volte face was apparently an objection from another Government department. As we explained at the time, the Home Office apparently intends to re-structure the Tier 1 Investor visa such that applicants have to prove the provenance of their funds to

How criminal convictions affect settled status for EU citizens?

The EU Settlement Scheme scheme has been set up by the UK government for European residents to apply for “settled status” after Brexit. It is considered necessary because most citizens of European Union countries will lose their existing legal status in this country after it leaves the EU. EU citizens who do not apply for this new status will, eventually, become unlawfully resident. This statement is not designed to scare anyone. But it is important to realise that you cannot get settled

UK Immigration World 2018

  We suppose that we should mention Brexit – after all, everybody else has. Certainly there is a lot of political froth being generated on the subject. Nonetheless the Home Office plods on regardless with its plans for EEA nationals’ immigration status after Brexit and, as we have often reminded readers, these plans will protect their status until the end of 2020. Until such time as we find otherwise we must assume that everything will go ahead as planned. Another big story

“Precarious” immigration status

  We know what the word “precarious” means in everyday speech. But what does it mean in the context of immigration law? This question has reached the Supreme Court (which is, in the immigration field, the highest court in the UK), and it has provided a definitive answer. The case was called “Rhuppiah” and it made an interesting read. Ms Rhuppiah is a Tanzanian national and she first came to the UK in 1997 as a student. She apparently extended her student leave

Tier 1 Investor visa to be suspended

   According to some media reports (including the BBC, so it must be true) the Tier 1 Investor scheme is to be suspended, possibly as early as Friday 7 December. Tier 1 Investors are able to acquire visas by investing at least £2 million in British companies or UK Government bonds, and the majority of such migrants are Russians and Chinese. There has over the past few months been some talk in UK Government circles about investment funds having been obtained illegally