Publications

Primary carers of British citizens – big change in the rules?

Some years the European Court of Justice (the “ECJ” – the supreme court for EU law) passed a judgement called “Zambrano”. This case is often described as a “landmark” decision, and indeed it was. What happened was that a husband and wife, who were Columbian nationals, were living in Belgium but they did not hold regular immigration/employment status. But they had children who had been born in Belgium and, under Belgian law, the children held Belgian nationality. By the court’s decision the

The UK innovator visa: innovative and scalable

At the end of March 2019, the UK government launched its new innovator visa for overseas entrepreneurs and closed the Tier 1 (Entrepreneur) category to new applicants. The innovator visa is aimed at “more experienced business people” who have £50,000 to invest in an innovative business which could be scaled up fairly rapidly, with less experienced entrepreneurs seeking investment pointed towards a start-up visa instead. This post will lay out the requirements for the UK innovator visa before looking at whether

Overstaying rules – it’s all rather complicated

An overstayer is somebody who has outstayed their welcome, at least as far as the Home Office is concerned: ie somebody who used to have immigration leave but no longer has it. There was always a strange discrepancy between the criminal law and immigration law as far as overstaying is concerned. Somebody who is an overstayer is committing a criminal offence for which – in theory at any rate – they could be prosecuted. But this is a rather vacuous reality

Revocation of indefinite leave to remain – res judicata?

A case heard recently in the Court of Appeal called “Ullah” raised some interesting issues. Mr Ullah is a Pakstani national. He had entered the UK illegally in 1996 and eventually acquired indefinite leave to remain under the old (no longer existing) 14-year rule, which enabled irregular migrants to achieve permanent status after that period had passed. Importantly, his initial application to the Home Office had been refused, but he had been successful on appeal to the Immigration Tribunal. This was in 2012

Is this goodbye to ‘no fault evictions’?

Are you a private landlord or private tenant in England? If so you will no doubt be interested to know that the Government has launched a consultation exercise on “no-fault evictions” in England. A no-fault eviction is where a landlord evicts a tenant who has not breached any of the conditions of the tenancy but the landlord nonetheless decides to re-possess the property. As the law stands at the moment, in many cases a landlord can re-possess a property subject to

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

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 2 sponsor licence – revocation – courts take a restrictive view

  As many readers will know, the Tier 2 immigration scheme is the scheme for non-EEA skilled workers – the sort of people who, in the old days, used to be known as “work permit holders”. As they may also know, employers who employ Tier 2 skilled migrants need to hold a Tier 2 sponsor licence. This is a licence issued – under very particular conditions – by the Home Office. The sponsor licence is a mandatory requirement: no Tier 2 sponsor

Illegal migrants – constituents – MPs

What, in the political field, is the definition of a constituent? The answer would presumably be somebody who lives in an MP’s constituency. Would such a person necessarily be on the electoral register? Well, not obviously so. And – a related but rather deeper question – would such a person necessarily have legal immigration status in the UK? The answer is No, according to a letter written by a coalition of charities and supported by 107 MPs, recently sent to the