Following the recent case of Khan & Ors v Secretary of State for the Home Department EWCA Civ 1684, it appears that the long running ETS saga, so called after the English language test provided Educational Testing Service, has come to an end.
The Immigration (European Economic Area) (Amendment) Regulations 2018 amend the 2016 Regulations with a view to implementing the effects of judgments passed by the Court of Justice. The changes involve free movement rights, the processes and procedures for EEA applications, and the criteria required to be a qualified person. This blog will provide a brief explanation of what has changed.
In a report published on 19 July 2018, the Science and Technology Committee have called on the UK Government to ensure that a post-Brexit UK immigration system facilitates the mobility of the science and innovation community. The Committee previously submitted a recommendation for the Governments’ Migration Advisory Committee, asking the Government to conclude their immigration arrangements with the EU by October 2018.
Many applicants believe that the requirements of a visit visa application will not be difficult to satisfy, and that an application for a visa for a temporary or short period of time will likely be granted without much hassle. However, this is not the case, and visit visa applications are commonly refused for a wide variety of reasons, often for what appear to be minor issues to the applicants.
In our most recent contribution to Free Movement Blog, Iain Halliday discusses the importance of the right to private and family life under Article 8 ECHR in asylum cases. The issue has most recently been brought to light in the recent case of KO v Secretary of State for the Home Department  CSOH 71 in which it was held that the Home Office’s failure to properly consider information potentially relevant to the Article 8 consideration of private life rendered their decision unlawful.
People who have indefinite leave have no limit on the amount of time they can spend in the UK. However, such people still enter and remain in the UK by permission of the Home Office and as such are still subject to immigration control.
When a person holds indefinite leave to enter or remain and they leave the UK, on their return, they must either meet the requirements in paragraph 18 or paragraph 19 of the Rules. This will depend on the amount of time spent outside the UK.
A case involving a Domino’s Pizza employment appeal tribunal has highlighted the complexities that exist within immigration laws in the UK.
Mr Afzal was an employee of Domino’s Pizza with his immigration status document due to expire while employed by them. A manager at the company asked Mr Afzal to provide an updated copy of the document in order to stay employed at the company.
The important contribution that migrants make to the current and future success of the UK economy has been highlighted in new research, which found that people from ethnic minority and immigrant backgrounds are twice as likely as their white British counterparts to be early-stage entrepreneurs.
In November 2016 the Home Office reduced the grace period for anyone making an application after their visa has expired from 28 days to 14 days. A new requirement to have a “good reason” for failing to apply before the visa expiry was also introduced.
Recent reforms to the UK's points-based system for work and study immigration have excluded doctors and nurses from the annual limit on the number of skilled worker visa sponsorships available. Wider-reaching changes to the system are expected when the Government implements a post-Brexit immigration policy.
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I contacted McGill &Co when my citizenship application ran into difficulties which I struggled to sort out myself. I was very impressed by Iain Halliday who helped me secure it. His kind professionalism and knowledge of immigration law, the speedy email responses and the final letter of representation confirmed that it was the right decision to engage this law firm and in future, I will have no reservations recommending them to anyone who struggles with immigration matters.
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