Publications

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

Overstaying rules – it’s all rather complicated

An overstayer is somebody who has outstayed their welcome, at least as far as the Home Office is concerned: ie somebody who used to have immigration leave but no longer has it. There was always a strange discrepancy between the criminal law and immigration law as far as overstaying is concerned. Somebody who is an overstayer is committing a criminal offence for which – in theory at any rate – they could be prosecuted. But this is a rather vacuous reality

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 in 2012

Is this goodbye to ‘no fault evictions’?

Are you a private landlord or private tenant in England? If so you will no doubt be interested to know that the Government has launched a consultation exercise on “no-fault evictions” in England. A no-fault eviction is where a landlord evicts a tenant who has not breached any of the conditions of the tenancy but the landlord nonetheless decides to re-possess the property. As the law stands at the moment, in many cases a landlord can re-possess a property subject to

Extradition request from Russia – Shmatko case

A recent case in the High Court of England and Wales, “Alexey Shmatko and The Russian Federation”, threw some interesting light on extradition requests from Russia and the view of the British courts. Some people might be surprised to know that Russia and the UK have an extradition arrangement. Also perhaps surprising for some is the fact that Russia, being a member of the Council of Europe, purportedly submits to the jurisdiction of the European Court of Human Rights. So on