Publications

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

Immigration appeal success rates

Recent statistics from the Ministry of Justice on immigration appeals are interesting but in some ways quite worrying. The overall number of immigration appeals is far lower than it used to be. There were nearly 150,000 appeals lodged in the year ending in March 2011 but for the year ending in March 2019 that number is now down to fewer than 50,000. Over the past few years various categories have lost the right of appeal to the First-Tier Immigration Tribunal if

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 some

Revocation of indefinite leave to remain – res judicata?

A case heard recently in the Court of Appeal called “Ullah” raised some interesting issues. Mr Ullah is a Pakstani national. He had entered the UK illegally in 1996 and eventually acquired indefinite leave to remain under the old (no longer existing) 14-year rule, which enabled irregular migrants to achieve permanent status after that period had passed. Importantly, his initial application to the Home Office had been refused, but he had been successful on appeal to the Immigration Tribunal. This was

Students who want to stay and work in the UK

It is presumably the case that many international students come to study in the UK because British education has a high reputation. Currently around 450,000 international students per year are coming here, and most come under the points-based system Tier 4 Student route. China, the world’s second-largest economy, has in the last year sent over 100,000 students to the UK. Even the United States – whose education system is also highly rated – has sent around 15,000, and a large

Tier 1 Entrepreneur – were the funds invested correctly?

The Tier 1 Entrepreneur route is now closed to new applicants but those already in the system will still be able to apply for extension or settlement, so it will be with us for a few years to come. And, not for the first time, a genuine and well-meaning entrepreneur has fallen foul of the rules and requirements, as recently recorded by the Court of Appeal in a surprising case called “Sajjad”. Mr Sajjad, a Pakistani national, ran a restaurant business as

Primary carers of British citizens – big change in the rules?

Some years the European Court of Justice (the “ECJ” – the supreme court for EU law) passed a judgement called “Zambrano”. This case is often described as a “landmark” decision, and indeed it was. What happened was that a husband and wife, who were Columbian nationals, were living in Belgium but they did not hold regular immigration/employment status. But they had children who had been born in Belgium and, under Belgian law, the children held Belgian nationality. By the court’s decision the

The UK innovator visa: innovative and scalable

At the end of March 2019, the UK government launched its new innovator visa for overseas entrepreneurs and closed the Tier 1 (Entrepreneur) category to new applicants. The innovator visa is aimed at “more experienced business people” who have £50,000 to invest in an innovative business which could be scaled up fairly rapidly, with less experienced entrepreneurs seeking investment pointed towards a start-up visa instead. This post will lay out the requirements for the UK innovator visa before looking at whether