We are pleased to announce that McGill & Co Solicitors have again been ranked Band 1 in the Legal 500 in relation to our immigration services in Scotland.

 Yesterday, Minister of State for Immigration Caroline Nokes, announced that should we face a no-deal Brexit, employers will have to check their EU national employee’s right to work.

  Yesterday the Chancellor of the Exchequer, Phillip Hammond, presented the Budget to the House of Commons for the year ahead.

  Earlier this year various media outlets reported on the Home Office’s dreadful treatment of several Commonwealth citizens who arrived in the UK in the 1940s, 1950s and 1960s. This group of migrants, given the moniker “the Windrush generation” after the name of a ship which arrived in the UK from Jamaica in 1948, have a legal right to reside in the UK permanently. However, many do not have documentation to prove this right.

In the recent case SR (subsisting parental relationship – s117B(6)) Pakistan 2018 UKUT 3345 (IAC) the Upper Tribunal examines the requirement to consider whether it would be reasonable for a child who is British or who has lived here for 7 years to leave the UK. The requirement is imposed by  section 117B(6) of the Nationality, Immigration, and Asylum Act 2002 which states:  “In the case of a person who is not liable to deportation, the public interest does not require the person’s removal where —  

  On 1 November 2018, a pilot scheme for EU Settlement is due begin. The pilot will run until 21 December 2018.

 As detailed in a previous blog from 6 September, the UK Government have announced a pilot scheme to allow migrants to work on UK farms.

The Home Office has lost nearly 75% of final immigration court appeals allowing asylum seekers and other migrants to stay in the UK, according to recent figures. In the year from April 2017 to March 2018, 11,974 cases were determined in court, with 4,332 of the decisions by the Home Office reversed in the court.

An upper tribunal judge has accused the Home Office of breaking the law in trying to force two highly skilled migrants out of the UK by triggering a terrorism-related part of immigration law.

On 21 September 2018 the Inner House of Court of Session in Edinburgh (Scotland’s highest court) decided to ask the Court of Justice of the European Union in Luxembourg whether the UK’s notification of intention to leave the EU, issued on 29 March 2016 under Article 50 of the Treaty on European Union, can be unilaterally revoked.