Publications

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

Student numbers and student visas

There have recently been various confusing articles in the media about foreign students – or “international students”, as the current expression goes – dealing with such issues as how many of them are there in the UK? And do they go home when they have completed their studies? And should they go home when they have completed their studies? This was the typical type of newspaper headline (from The Times): Thousands of ex-students allowed to stay each year, which has a vaguely alarming quality.

British universities are probably the best – soft power

When one cautiously enters the arena of debate about student immigration one often encounters the argument that British universities are some of the best in the world and that this is why they are so popular with international students, despite the Government’s allegedly student-unfriendly immigration policies. And, certainly, a lot of statistics and information support the idea that many of the world’s best universities are in the UK and the US. But British universities may have a slight edge over the American ones.

Has British citizenship been wrongly given to thousands of Europeans? And could it be taken away?

Has British citizenship been wrongly given to thousands of Europeans? And could it be taken away? Well, we certainly hope not, to both questions. The reason that this question suddenly and unexpectedly arises is a decision made by the Upper Immigration Tribunal in a case called “Capparrelli”. The decision has, or should have, high authority, as it was made by The Hon Mr Justice McCloskey (who is the President of the Upper Tribunal and on this occasion sitting alone). The case had a strong

Out-of-country right of appeal – is it fair?

There has been – in various ways – a very significant diminution in immigration appeal rights over the last few years. One of the ways in which this has occurred is that the Home Secretary has acquired legal powers to determine that, where there is a right of appeal to the First-Tier Tribunal against a refusal of an immigration decision, the right of appeal can only be exercised from outside the UK. But of course the First-Tier Tribunal is physically located (at