14-03-17 – Brexit: Parliament has passed the Brexit bill

It is expected that the Bill will receive Royal Assent and come into force as a law. This means Theresa May can initiate Article 50 – the process of negotiations with EU countries. This is expected to happen in the end of March.

10-03-17 – Refugees: no more automatic settlement after 5 years

Since 2005 and until today refugees were eligible for five year limited leave, and at the end of that period the settlement would be granted them automatically. Home Office is introducing ‘safe return reviews’. This means that when a refugee’s temporary stay of protection in the UK comes to an end, or if there is a clear improvement in the conditions of their own country, Home Office will review their need for protection. If their reason for asylum no longer exists and it is now safe for them to return, they will be returned to their home country rather than offered settlement in the UK. The n...

09-03-17 – Budget 2017

Chancellor Philip Hammond has represented his first budget. In comparison with Autumn Statement his speech was more optimistic due to the growth in the UK economy and cutting borrowing. However, his attitude for tough financial policy and austerity is still in force. Below are the key points of the new budget. The economic growth New forecast for the economy growth is 2% in 2017 (previously 1.4%). Employment has reached a record high of 31.8 million people. It is expected that the number of employed people will increase by 650000 by 2021 Forecast for annual rate of inflation is rising from 2.3...

07-03-17 – Tier 2: new rules from 06 April 2017

A new law is expected to come into force on 6 April 2017 passing an Immigration Skills Charge where employers who sponsor workers from outside of the European Economic Area (EEA) may be required to pay a fee. The skills charge will apply to sponsors of Tier 2 (General) and Tier 2 (Intra- Company Transfer) workers who will be applying from outside of the UK and inside the UK when switching into or extending their visa under the Tier 2 route. The skills charge will not apply when sponsoring: •           a non-EEA national who was sponsored in Tier 2 before 6 April 2017 and is applying from insid...

22-02-17 – Supreme Court backs income threshold for partners of British Citizens

Today, the highest court in the UK has ruled that the income threshold restricting the ability of many thousands of partners and children to join their British partner (or those who have Indefinite Leave to Remain in the UK) is lawful. However, the Supreme Court acknowledged that the strict requirement causes significant hardship for thousands of families. If you are the partner of either: a British citizen in the UK; a person who is present and settled in the UK (i.e. who holds ILR); or a person in the UK with refugee leave or humanitarian protection. Then the following financial req...

20-02-17 – Increasing Delays in the Immigration Tribunals

Recent figures published from the Immigration and Asylum Chamber show the shocking amount of out-standing cases in the First-Tier Tribunal. At the end of the third quarter last year there were 62,903 cases outstanding. This means that there are many thousands of individuals and families just waiting for their immigration appeal to be listed, often meaning that they are unable to leave the UK or even work whilst their case is pending for almost a year and in some cases far longer. Last year the average waiting time was 48 weeks with many cases taking even longer to be listed, with this figure o...

02-02-17 – Brexit – Government publishes its White Paper

The Government today published its White Paper on the UK’s exit from, and new partnership with, the European Union. This sets out the government’s proposals for future Brexit legislation. This paper sets out the 12 principles which will guide the Government in fulfilling the democratic will of the people of the UK, as announced by the Prime Minister on 17 January 2017. The 12 principles are as follows: Providing certainty and clarity; Taking control of our own laws; Strengthening the Union; Protecting our strong historic ties with Ireland and maintaining the Common Travel Area;...

25-01-17 – Brexit – Article 50 Supreme Court Judgement

In the landmark case the Supreme Court found by a majority of 8-3, that Parliament must vote on whether the Government can trigger Article 50 of the Lisbon Treaty and formally begin negotiations to leave the EU. This is a huge blow to Teresa May and the Government who argued that they could use the royal prerogative to invoke Article 50 and begin the process of the UK formally leaving the EU. The court found that the Government cannot use executive powers (the royal prerogative) to override the rights enshrined in domestic law by statute, in this case the European Communities Act 1972 that too...

05-12-16 – Brexit – Article 50 Supreme Court Hearing

Last month the High Court ruled that Prime Minister Theresa May cannot invoke Article 50 without putting it to an MP’s vote in the House of Commons. This ruling is today being challenged and the court is being asked to overturn it, with the Government arguing that they can use the royal prerogative to invoke Article 50 and begin the process of the UK formally leaving the EU. The opposing argument is that the Government cannot use executive powers (the royal prerogative) to override the rights enshrined in domestic law by statute, in this case the European Communities Act 1972 that took the UK...

30-11-16 – Rules now changed for overstaying

Applications for leave to remain will fall for refusal if you have overstayed beyond the end of the last period of leave to enter or remain you were granted. The only exceptions are where your application is made within 14 days of your previous leave expiring and Home Office considers there is a good reason beyond your/your representative’s control. If there are good reasons which prevented you from applying in time you must submit evidence of these with your application. The threshold for what constitutes ‘good reason’ is high and will depend on the individual circumstances of the case