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Tier 1 Entrepreneur – the rules are the rules

The Court of Appeal has made yet another unfavourable decision – unfavourable to applicants that is – about the points-based system, this time in connection with the Tier 1 Entrepreneur route. (This visa route is now closed to new entrants but still available for those applying for extension or settlement.) Mr Junied, a national of Pakistan, had applied in-country for leave as a Tier 1 Entrepreneur but the application had been refused by the Home Office. The reason for refusal was this.

Tier 1 Investor investment scheme fails

As many readers will know, the Tier 1 Investor visa enables “high net worth individuals” to invest large sums of money into the UK and acquire leave and potentially settlement on that basis. The rules about the investment – both the amount and the destination – have changed over the last few years. But it has always been the case that the funds that the investor has for investment must be “under his control” (legal drafting traditionally adopts the male gender

Brexit and Immigration

At last Brexit has happened. Some will breathe a sigh of relief and others will breathe a sigh of horror but at any rate it is done. But perhaps the sigh of horror will not be as strong as it might have been. So far the dread prospect of no deal Brexit has been avoided, and this has made things a bit easier for EEA nationals and their family members (of whatever nationality) than they would have been otherwise. Such people who

Meghan and Harry and British Citizenship

The international media is of course perennially fascinated by anything to do with the British royal family and there has recently been a lot of discussion about Meghan’s and Prince Harry’s decision to “balance” their time between the UK and Canada. There is a lot of no doubt exciting stuff attached to this issue but immigration lawyers, being fairly boring, have tended to focus their attention on how this is likely to affect Meghan’s chances of becoming a British citizen, and

Global Talent Visa

It seems as though Tier 1 of the points-based system is on the way out: the Tier 1 Entrepreneur, Tier 1 Graduate Entrepreneur and Tier 1 Exceptional Talent visa routes are all now closed to new entrants. Only the Tier 1 Investor route remains unscathed. The Tier 1 Entrepreneur visa was rather complicated but if you were a very clever person it was doable. The replacement Innovator visa, while not so obviously complicated, has attracted a far smaller proportion of successful

Family Law: questions & answers

We were inundated with your questions relating to divorce, separation, family homes and division of other assets. Let’s answer some of them: Do I have the right to stay at our family home, we do not have children, and the house is registered in my husband’s name? If you have no children and you are safe staying in your family home, agree with your husband the arrangements that you will be putting in place when you are able to. If your relationship

Buying a new-build- what if you can’t complete your purchase?

The legal process involved in buying an apartment in a new development differs significantly  from the purchase of an existing property from an individual seller. It is often the case that, at the time of exchange of contracts, when your signed contract is sent to the seller and you receive the seller’s signed version,  construction of the building and your apartment is not finished. Completion of construction normally takes place at a later date and is confirmed by a certificate sent to your property agent and your solicitors, together with a notice

Brexit and Immigration

At last Brexit has happened. Some will breathe a sigh of relief and others will breathe a sigh of horror but at any rate it is done. But perhaps the sigh of horror will not be as strong as it might have been. So far the dread prospect of no deal Brexit has been avoided, and this has made things a bit easier for EEA nationals and their family members (of whatever nationality) than they would have been otherwise. Such people who

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