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Ten-Year continuous lawful residence settlement route – excessive absences

Now and again we see cases in the media where an eminently deserving person gets their visa application refused and it kicks up a storm. (Actually, a lot of other eminently deserving people who do not get into the media also have their visa applications refused, but that is a different story.)   Ms Asiya Islam was a Cambridge PhD student who applied to the Home Office for settlement on the basis of ten years’ continuous lawful residence. As some readers will

Skilled Tier 2 chefs

When is a job “skilled” and when is it not? And more specifically when is a chef “skilled” and when are they not?   These interesting questions may come to mind for restaurant or hotel owners who cannot easily find sufficiently skilled chefs to cook their food. In some cases they would like to take advantage of the Tier 2 sponsorship scheme to sponsor chefs so that they can come to the UK and work for them. Chefs from outside the EEA

Unfairness in visa decision-making – students

It is not unknown for someone to come to the conclusion that a Home Office decision is unfair.   But if a decision seems harsh and pedantic but is technically correct it may not deemed to be unfair. Some areas of the immigration rules are notoriously complex and it is very easy for an applicant to slip up and make a minor error. In such a case the applicant might have met the spirit of the rules but not the letter

Visa decision-making algorithms – how do they work?

“Algorithm” is a word that has become part of general parlance over the last year or two. Algorithms, so they say, can in some situations save a lot of time by carrying out complex calculations very quickly. Not everyone knows this, but British diplomatic posts use algorithms in their visa application decision-making. But it was not really a secret: the Chief Inspector of Borders and Immigration in a report published in 2017 explained about this in at least some detail. When confronted

“Сustody” and “access” to children

In days gone by there was a perception that divorcing parties went to war over what was termed “custody” and “access” to children. Those terms no longer exist and a Court may make orders pertaining to “live with” and “spend time with” , terms which are much more user friendly. It is usual , but not always the case, that young children live with mother and spend time with father. Sometimes there will be a shared order, but the Courts

Hong Kong British National (Overseas) status – what does it mean?

Does British nationality enable you to live in the UK for ever? The answer to this is – probably surprisingly for many people – “it depends”. If you are a British citizen then you can. British citizen is, if you like, the ultimate status in UK immigration law. But supposing you are a British Overseas Citizen, or a British Protected Person or you hold British National (Overseas) status? Then – although you are entitled to hold what looks like a

Tier 1 Investor – new rules and new restrictions

Until 6 November 2014 Tier 1 Investors could fulfil the requirements of the visa scheme on the basis of an investment of £1 million. But the Home Office had come to the conclusion that this was a paltry sum, and on that date the minimum amount of investment was dramatically increased to £2 million (but the accelerated routes for investments of £5 million and £10 million remained unscathed). Fortunately for existing Tier 1 Investors, the Home Office did not

Material non disclosure and what to do if there are undisclosed assets

“Divorce is a traumatic time for all parties. Once a spouse has got over the shock of the failure of the marriage, the mind turns to more practical matters. How will they manage financially in the short term until a Court can finalise matters? What if the Husband/Wife employs underhand tactics to defeat their legitimate claims? Can matrimonial assets be transferred to other family members to put them out of reach ? How will they pay lawyers to fight their

Immigration applications – false documents

The case of “Hameed” in the Court of Appeal made an interesting story. Mr Hameed is a Pakistani national and he applied to switch in the UK from Tier 4 student to Tier 2 work permit holder. As many readers may know, the prospective employer of a prospective Tier 2 work permit holder has to create a certificate of sponsorship (“COS”) for the employee. This is a “virtual document” – ie it exists on a computer database. But, like most things

New post-study work visa

A few months ago we wrote lamenting the fact that international students who have successfully graduated face a difficult struggle in getting a suitable job and staying on in the UK. They can only stay for a few months after their student leave expires and after that, if they have not found a job, they have to return home or otherwise find themselves on the wrong side of the immigration law. But we also predicted that, with a change of government