Publications

Latest statement of changes to the immigration rules October 2018 – evidential flexibility

The Home Office’s latest statement of changes to the immigration rules contains various new provisions for the felicitously-named Appendix EU, which will govern the situation of EEA migrants after Brexit. It also contains new rules which liberalise the requirements for documents supporting visa applications. The Home Office is introducing new visa application systems and the new rules say that, in many cases, applicants will be able to provide copy documents, not originals. This constitutes a major change in longstanding Home Office

Academics refused visitor visas

  The “Women Leaders in Global Health” conference, held recently at the London School of Hygiene and Tropical Medicine, aimed to “advance a collective new vision for global health leadership and build opportunities for women to progress in all forms of leadership”. As the astute reader will no doubt be able to work out for themselves, many of the delegates to the conference came from outside the UK. However, according to media reports, at least 17 overseas delegates’ visitor visa applications were refused,

Upper Immigration Tribunal – “robust” comments may be acceptable

    It was one of those curious and complicated stories that sometimes emerges from the Upper Tribunal. Mr Victor Ortega, an Ecuadorian national, had come to the UK illegally and, after a few years, had sought to regularise his status in the UK by making an immigration application pursuant to Article 8 of the European Convention on Human Rights – the Article that governs “private and family life” principles. His application was based on his relationship with a British woman and

Unmarried partners of EEA nationals – unequal rights

The UK immigration rules provide quite liberal treatment for unmarried partners. If they can prove that they have been living (anywhere) with their British/settled partner in a relationship for at least two years then they are deemed to be an unmarried partner within the legal meaning and they have similar rights to spouses and civil partners – in the immigration context at any rate, if not in all other areas. But in European immigration law things are more complex. The law

Entitlement to benefits for UK visa holders

    A recent story from the media concerns a cardiac physiologist, Paul Ermitano, and his wife Jamila, who are Philippines nationals residing in the UK. Mr Ermitano holds a Tier 2 General visa and his wife is his dependant, and they were told by the Home Office that they had to leave the UK because they were in breach of their immigration conditions. It appears from the media reports that they had claimed child benefit for their young son in the mistaken

Post-Brexit Immigration

  The Conservative Party annual conference revealed Prime Minister Theresa May dancing to Abba and also – less exciting but probably more important in the long run – her and Home Secretary’s Sajid Javid’s ideas and proposals about European immigration after Brexit. As we have often explained and discussed, the current regime about immigration from Europe is a very liberal one. Under principles of European free movement law EEA nationals and their family members (of whatever nationality) have powerful rights to come

Russian grandfather refused EEA Family Permit

  A recent arresting headline in The Independent online said: “Man refused UK visa to visit newborn grandson because he did not send photo of 1975 wedding”. It all sounds quite extraordinary. What happened – as far as we can work out from the published details – was this. Stepan Polyakov, a Russian citizen living in Syktyvkar, Komi Republic, and his wife Anna (who is a German citizen) wanted to visit their newborn grandson in the UK. Their grandson’s mother, their daughter Natalja,

Business Start-Up/Entrepreneur Visas

As we explained in the Summer 2018 Immigration Summary, the Home Secretary has announced a new business “start-up” visa. It may be aimed particularly at the techie/IT sector but it may be wider – the information so far is sparse. The new visa does sound rather similar in some ways to the Tier 1 Graduate Entrepreneur visa, but the Home Secretary has specifically stated that it will not be limited to graduates – whereas the Tier 1 Graduate Entrepreneur visa, as

Dual British/European nationality – still not always easy

Some while ago in 2017 the CJEU (Court of Justice of the European Union) made a favourable decision about European/British dual nationals. The CJEU is the supreme court for EU law matters, and its decisions are binding on the national courts and decision-makers of the EEA countries in relevant legal areas. The court, in a case called “Lounes”, decided that Ms Ormazabal, a Spanish national who had come to the UK and had after some years also acquired British citizenship, could

Tier 2 scheme under pressure/doctors and nurses

The Tier 2 immigration scheme, whatever else it might have achieved, has certainly achieved a degree of complexity. The scheme is divided into two separate parts: firstly, a “sponsorship” scheme whereby employers which wish to employ non-EEA skilled migrants must be registered with the Home Office as “Tier 2 sponsors” and, secondly, a scheme of Tier 2 visas for those lucky employees whom the employer has succeeded in “sponsoring” – ie being able to offer them employment. There has been some