Publications

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

Can Roman Abramovich work in the UK?/Visitor rules

Fans and followers of Chelsea Football Club are no doubt interested to know that the owner, famous Russian Roman Abramovich, apparently has no intentions to sell at the moment. This is despite the fact that he failed to renew his Tier 1 Investor visa and, as far as anybody knows, he no longer holds any kind of UK visa. His failure to renew his visa is shrouded in mystery; from the media one gets the impression that he withdrew the application,

Options for Tier 4 Students

If you have completed your studies (successfully, we hope) as a Tier 4 Student, and now have the benefit of a superb British education, what next? Of course some people do not want to stay in the UK after their studies, and are happy to return home afterwards to get on with their lives. But others would like to stay in the UK if the opportunity were available. In the last few years some visa categories have been abolished, but there are

Plato, Aristotle, the Home Office, and asylum interviews

There is an old joke, or story, about somebody who applies for a job as a sales assistant (or similar) and they are invited to an interview. During the course of the interview the interviewer comes to the conclusion that they don’t want to employ this person, and then they suddenly ask “who is your favourite philosopher?”, in the expectation that the interviewee won’t be able to answer successfully. It is of course hilarious, and hilarity became reality when the Home

The Problems with Tier 1 Entrepreneur Visa Applications

The current success rate for Tier 1 Entrepreneur visa applications is around 50%. To put it another way, other things being equal there is only a one in two chance of success. This high failure rate is not nice for applicants but, in a more overarching sense, it is not nice for the British Government either. The whole purpose of the Tier 1 Entrepreneur scheme is to encourage overseas entrepreneurs to come to the UK, do business and thus stimulate and

Immigration appeals – judge lashes out

Immigration Judge Nicholas Easterman, who sits at Hatton Cross Tribunal Centre, recently gave a speech to the Bar Council about poor Government decision-making. Working as he does in the immigration field one would imagine that he would have plenty of material. These are a few excerpts from his rather assertive delivery: “Immigration law is a total nightmare. I don’t suppose that the judges know any more about it than the appellants who come before them.” (!) “We cannot manage in many cases without proper assistance

Overseas domestic servants

Some domestic servants found themselves in the legal news recently. In one interesting case Ms Reyes, a Filipina, worked as a domestic servant in the UK for Mr and Mrs Al-Malki. Mr Al-Malki was a member of the diplomatic staff at the Saudi Arabian Embassy. Ms Reyes claimed that she had been very badly treated by her employers and she consequently made a claim to the Employment Tribunal. The claim did not do very well at first, because the Tribunal and

Occasionally the immigration requirements get easier

The UK immigration story generally consists of a progressive tightening of the rules and the requirements. If we could go back in time 15 years we would encounter an environment with no Home Office visa fees, short simple immigration rules, broad rights of appeal and a generally more liberal immigration regime. Things are an awful lot different these days. But occasionally things may move in the opposite direction. The Nursing and Midwifery Council (NMC) has announced that it is relaxing their English

Comforting Brexit words from the Home Office, but is there now a “Brexodus”?

Some comforting words recently came from the Home Office: “No EU citizen currently in the UK lawfully will be asked to leave at the point we leave the EU. EU citizens will have at least two years to regularise their status.” Although in part vague, it is at least reassuring for those Europeans who have not acquired Permanent Residence or who will not acquire it in time for Brexit. (We hope and assume that “EU citizens” includes EEA and Swiss citizens.) But, on the

Was the European marriage genuine? What is the test?

A remarkable, dramatic and legally interesting story has emerged from the Supreme Court (the highest court in the UK). The story was set in Edinburgh. (Readers will no doubt be interested to know that, although there are differences between the English/Welsh and the Scottish legal systems, our immigration law is UK-wide and the Supreme Court makes decisions on immigration cases from all the UK jurisdictions.) Ms Sadovska is Lithuanian and Mr Malik is Pakistani. They met at a disco in Edinburgh, they