15-06-18 – Important information for Non-EU citizens exercising their retained right of residency in the UK

In the case EWCA Civ 1088, the Court of Appeal (Civil Division) clarified the interpretation of article 13 (2) of the Citizens Rights Directive 2004. The court found that the non-EEA citizens can exercise their retained residency in the UK following the divorce from the qualified EEA national . The Article 13 lays down a set of criteria that are taken into account when considering such cases, for example, the duration of marriage, custody of children and protection of victims of domestic violence. Previously the applicants were required to provide evidence from  their ex partners during the pr...

15-06-18 – Immigration cap for doctors and nurses visas is lifted

On Friday, 15th of June 2018, Home Office confirmed that doctors and nurses will be excluded from the visa cap under Tier 2 category. These would allow more foreign medical professionals to come to the UK to work with NHS. This change will come into effect on the 6 July 2018.  The limit on the number of issued visas in this category was introduced in 2011: 20,700 visas per year or about 1,600 visas per month. Over the past five months, the number of applications has significantly increased. 18,517 applications were submitted from November 2017 till April 2018, with 8,330 (45%) being granted. R...

14-06-18 – New visa route for founders of startups

The Home Office has confirmed its plans to introduce a new type of visa for founders of startups in the field of high technology and IT.  New visas will replace a visa route which was exclusively for graduates, allowing talented businessmen to start a business in the UK. Also the Home Office noted that the process of visa processing should become smoother and faster. During London Tech Week Home Office secretary Sajid Javid in his speech said: “The UK can be proud that we are a leading nation when it comes to tech and innovation, but we want to do more to attract businesses to the UK and our m...

13-06-18 – The Lower House of the Parliament approved the plan for the country's withdrawal from the European Union

On Tuesday, June 12, the Lower House of the Parliament voted on the Brexit plan with 324 votes supporting it and 298 against. British Prime Minister Theresa May won support from the Parliament, but she had to make concessions with Brexit opponents amongst Conservative Party. As a result, the Parliament will gain more control over the process of the Brexit. While some British politicians would like to maintain close ties with Brussels, others insist on keeping the distance between the UK and the European Union. For Mrs May the results of the current vote are very important especially in the lig...

13-06-18 – Despite the shortage of NHS staff, only one third of the Tier 2 visa requests for overseas medical personnel is being approved by the Home Office

Over the past five months, more than 2,300 doctors wishing to work in the UK have been denied Tier 2 visas. In total 3,597 applications for Tier 2 visas were submitted between 6 November 2017 to 5 April 2018. Only 34% of them were approved. These figures became available to public after Home Office Secretary Sajid Javid expressed his determination to revise the system of issuing Tier 2 visas, including reviewing the visa cap. Tier 2 visa system was introduced by Theresa May in November 2008 to set the limit of non-EU skilled workers with job offers from UK based companies. In order to recruit...

12-06-18 – Discrimination faced under British Nationality Act 1981

The latest report of The Joint Committee on Human Rights, published information that the British Nationality Act 1981 still contains sections that can amount to discrimination on the grounds of a parent’s gender or person’s marital status. This specially persist in the requirements of obtaining British citizenship in the British overseas territories. The report notes that the government aims to reduce discrimination in the British Nationality Act 1981, but in fact, no significant measures have been taken recently to address this issue. Historically, the process of passing British citizenship t...

08-06-18 – Deportation of alleged spies straight from the UK border

The British government have introduced new bill to the Parliament that would allow the expulsion of people arriving in the country at the border control if officers suspect that they are preparing for "hostile actions" in the UK. In fact, the new law would allow deportation of alleged spies straight from the UK border. The new bill was introduced by the Home Office Secretary Sajid Javid in order to fight against terrorism and "hostile actions". It is said that one of the reasons of introducing this law is poisoning of Julia and Sergei Skripal in Salisbury. The bill suggests that UK Border Cont...

07-06-18 – The government faces a possible challenge in High Court to its “Right to Rent” policy

The government faces a possible challenge in High Court to its “Right to Rent” policy, which requires landlords to carry out immigration status checks. On Wednesday, 6th June 2018, the Joint Council for the Welfare of Immigrants won the permission to bring a Judicial Review claim against the Home Office’s “Right to Rent” scheme. The bases of the claim was that the Home Office policy causes indirect racial discrimination and breaches the European Convention on Human Rights. The questions about the controversial “Right to Rent” policy were raised in the light of Windrush scandal. People of this...

06-06-18 – A Colombian national, convicted of a series of criminal offences, won a deportation appeal

A Colombian national, who was convicted of a series of criminal offences, won a deportation appeal (case EWCA Civ 1104). Mr Garzon moved to the UK in 1978 when he was 11 years old. He was convicted of a series of criminal offences between 1987 and 2010. His longest sentence was  45 month imprisonment for Grievous Bodily Harm with intent to cause harm. In 2010, the Secretary of State issued Mr Garzon with a deportation order, which he appealed to Immigration Asylum Chambers. Mr Garzon’s grounds of appeal was based on the fact that he has completed his rehabilitation after the conviction in 2010...

31-05-18 – Home Office fee has been waived for Afghan interpreters

Home Secretary Sajid Javid has confirmed that Afghan interpreters, who worked with British troops fighting the Taliban, will be able to stay in the UK for free. More than 150 interpreters who served in Helmand Province were given five-year residency permits as a part of Relocation Scheme in the UK in 2012. In order to apply for ILR they were required to pay £2,389 Home Office fees. Afghan interpreters wrote a letter of complained about “shameful immigration rules” addressed to Sajid Javid and Defence Secretary Gavin Williamso. Sajid Javid decided to waive this fees to make the process fair for...