RSL Blog

Points-based system rules are “rebarbative” – official

After having spent the last few years struggling with monumentally complex points-based system immigration rules we were delighted to read that Lord Justice Underhill, sitting at the Court of Appeal in a case called “Mudiyanselage”, has said of these rules that they constitute “a rebarbative system which makes navigation far from straightforward”. The word “rebarbative” sounds rather nasty, and we rushed to our Shorter Oxford English Dictionary to discover the full extent of the nastiness. It means “repellent”, “unattractive” or “objectionable”. We cannot bring

Serious immigration health cases – Court of Appeal follows ECtHR

The caselaw for removal and serious health cases is considered by many to be very harsh. Both the British courts and the European Court of Human Rights (ECtHR) have decided that in only the very most serious cases does a health condition stop a person being removed from the UK to somewhere where the medical treatment is inadequate; hence the expression “deathbed cases”. But a while ago the ECtHR slightly modified their position on this. In a case called “Paposhvili” it

Tier 1 Entrepreneur – an interesting but cautionary tale

The Upper Immigration Tribunal recently heard a deeply interesting Tier 1 Entrepreneur case called “Anjum”.  In its decision the Tribunal decided two things: firstly, that if a Tier 1 Entrepreneur applicant is interviewed by the UKVI in connection with their application, and if the interview is unfair, poorly structured or oppressive, and if the application is refused on the basis of such an interview, then the refusal decision is unlawful. We were of course very pleased about this, as indeed were

Tier 1 Entrepreneur visa applications – problems that have emerged and how they can be dealt with

As we explained in our last two articles, the refusal rate for Tier 1 Entrepreneur visa applications is high. This is at least partly due to the complexities of the rules and published policies. It is also partly due to what might be termed a “hostile environment”. This is not a term that we invented: we borrowed it from the Home Office, who use it to describe the environment they have supposedly created to put pressure on migrants in the UK

Student numbers on the agenda again

There are some aspects of British life – like Coronation Street, Eastenders, repeats of Star Trek the Original Series – that seem to go on for ever. Another such aspect, although rather more obscure, is the ongoing fight between political figures as to whether foreign students should be included in the migration statistics or not. Students, according to some ways of thinking, are not “real” immigrants and, anyway, they are nice and it is not right to include them. But Theresa May

Latest statement of changes to Immigration Rules

The Home Office has published the latest statement of changes to the Immigration Rules, which will in most cases come into effect on 11 January. The changes will affect Tier 4 students and Tier 2 General migrants. Tier 4 students will find it slightly easier to switch to Tier 2 General status (they will not have to wait for their course results) and Tier 2 General migrants will in some cases find it easier to acquire settlement on the basis of

The blue British passport will return

In what may have been intended as a sort of Christmas present for nostalgics and Brexiteers, the Government has announced that the blue British passport will be restored once Brexit has happened. There are evidently a lot of psychological issues and aspects invested in the colour of one’s passport, and this subject has caused quite a flurry of comment from politicians and others, including letters to The Times. But we would like to inform our readers of the interesting facts that the

Immigration Rules too complicated – is help at hand?

It is a trite observation that the Immigration Rules are too long and complicated. Lord Justice Jackson at the Court of Appeal achieved some measure of immortality when he claimed a few years ago that they had achieved a level of complexity “which even the Byzantine Emperors would have envied”. Anyone who has struggled with the intricacies of for example Tier 1 Entrepreneur rules or Appendix FM family rules is likely to agree with him. Anyway, the Home Secretary Ms Amber Rudd has announced

Brexit deal is on the table – could be worse

As widely reported in the media, a Brexit deal is on the table; or at least the first course – a lot of the detail still has to be worked out. The Prime Minister Theresa May and her colleagues have finally succeeded in coming to a basic agreement with the EU on this painful subject. As far as immigration goes, the agreement is more generous than previously indicated. As the Prime Minister puts it, Europeans have enriched “every part of our economy, our

Tier 1 Exceptional Talent visa – what’s it all about?

Quite well-known are the Tier 1 Investor visa, which enables a person to invest loads of money into the UK and stay here on that basis, and the Tier 1 Entrepreneur visa, which enables a person to invest not quite so much money into a business in the UK and run it. Perhaps not quite so well-known is the Tier 1 Graduate Entrepreneur visa, which enables a would-be entrepreneur to come to the UK and “explore the ground”, with a view