How can you make Scotland your new home? The UK Government sets Scotland’s immigration policy. The Scottish Government has no power to make immigration law. So, if you want to relocate to Scotland, you need a UK visa from the UK Home Office (a.k.a UK Visas and Immigration).
What are the requirements for a UK visa?
Well, it depends. There is no generic, catch-all visa, which will allow you to relocate to the UK.
What is it?
A new visa route announced in June 2018, and presented in the immigration white paper published in December 2018. The Start-up is designed specifically for those with an innovative business idea and appropriate commercial experience. It is one amongst many new or reformed “specialist routes” recently proposed by the Government for who they deem “highly valuable migrants and workers”.
In a recent post on the free movement blog, Darren Stevenson discusses the limitations of challenging Home Office decisions on the basis that they are unfair. He highlights the distinction drawn by the courts between procedural and substantive fairness. Something can be unfair without being unlawful. The consequences of immigration decision often seem very unfair, however sympathetic circumstances are, unfortunately, not enough. For a decision to be unlawful procedural unfairness or irrationality is required.
In our most recent contribution to Free Movement blog, John Vassilou takes a look at the case of R (Khan) v Secretary of State for the Home Department (Dishonesty, tax return, paragraph 322(5))  UKUT 384 (IAC). In particular, John looks at the guidance provided by the Upper Tribunal to the Home Office in relation to Tier 1 (General) applications which raise issues of dishonesty under paragraph 322(5) of the Immigration Rules.
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 —
Iain Halliday recently contributed to the Free Movement Blog, discussing UK visitor visas and the challenges many are facing when trying to visit the country; last year 260,000 visitors were denied a visa to visit the UK.
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.
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