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“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 British

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 on that

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

Does the Common Law Marriage really exist?

Many people in England and Wales believe in a ‘common law marriage’. This suggests that they believe that just because you are essentially living ‘as man and wife’ you assume the rights afforded to married couples. Unfortunately, there is no such thing as a ‘common law marriage’, meaning that cohabiting couples do not have the same legal rights as married couples. For example, if a cohabitee was to die without a will, their partner would not automatically be entitled to

Tier 1 Entrepreneur appeal – admitting new evidence

Another Tier 1 Entrepreneur case (“Kabir”) hits the Court of Appeal and, like many such cases, it presents a long – very long in this instance – and tangled tale. Mr Kabir is a Bangladeshi national and he wanted to switch from Tier 4 Student to Tier 1 Entrepreneur. He intended to rely on investment funds provided by a third party which were held in a Bangladeshi bank called “Brac Bank Ltd”. The application was submitted in December 2012 but, remarkably, it

Tier 2 sponsorship – was it a genuine vacancy?

Many readers may be aware of or familiar with the Tier 2 sponsorship scheme. This scheme enables non-EEA migrants to work in skilled jobs for UK employers. Such migrants hold Tier 2 Skilled Worker visas – sometimes known under the older terminology as Work Permits. Employers who wish to employ Tier 2 migrants have to hold a Tier 2 sponsor licence. Sponsor licences are jealously guarded by the Home Office, and indeed the whole Tier 2 structure is very strictly governed.

Ten-Year continuous lawful residence settlement route – overstaying

Many readers will be aware that there is a ten-year continuous lawful residence route to indefinite leave to remain. A migrant who has accumulated ten years’ continuous lawful immigration leave, on any combination of visas, may qualify. What does “lawful residence” mean in this context? Well, in the first place, and fairly obviously, it means that you must have a valid visa. But there is a more complex issue attached to this. Does it also mean that there should not be any