11-12-18 – Statement of Changes to the Immigration Rules

On 11 December 2018, the Home Office published the latest Statement of Changes in the UK Immigration Rules. Despite the fact that in the beginning of December 2018 Home Office officials announced several major changes to Point Based System including Tier 1 (Investor) route suspension and scrapping Tier 1 (Entrepreneur) visas, there are no changes in these categories outlined in the new Statement. Tier 1 (Investor) and Tier 1 (Entrepreneur) routes appears to remain open for applicants. Changes in Tier 1 (Exceptional Talent) category • Talented architects can now apply under a Tier 1 (Exceptiona...

10-12-18 – UK may cancel Brexit decision

The European Court of Justice ruled that the UK can unilaterally halt Brexit without the official permission of the other 27 EU members and without changing its conditions of EU membership. The decision was made the day before Parliament voting, where MPs will decide the future of the Brexit agreement.

10-12-18 – Tier 1(Investor) route remains open

On 10 December 2018 Immigration Law Practitioners' Association (ILPA) advised that the Tier 1 (Investor) visa category remains open for applications. Earlier last week it was announced that the Investor visa route was suspended as of 7 December 2018.

07-12-18 – EU settled scheme in case of no-deal Brexit

The UK government has published an updated plan on the rights of EU citizens, if the country leaves the European Union without a deal. Europeans, living in Great Britain will still be able to use the current scheme to obtain immigration status, but their rights will be more limited. The grounds for obtaining immigration status under the existing scheme will remain the same. EU citizens and members of their families, who were permanently settled in the UK for five years will be eligible for ‘settled status’ (indefinite leave to remain in the UK). Those who lived in the UK for less than 5 years,...

07-12-18 – Government is scrapping Tier 1 (Entrepreneur) visa category

By spring 2019, the Home Office plans to publish the statement to immigration changes, which will significantly transform current point based visa system, particularly targeting Tier 1 Investor and Entrepreneur routes. While waiting for the official government statement, immigration minister Caroline Nokes unveiled some of the major changes that are likely to take place: Launch of the new “Start-up” visa category, which was initially announced by the Home office in June 2018; Tier 1 (Entrepreneur) visa route will be replaced by “Innovator” visa. Similar visa category have already exis...

06-12-18 – Tier 1 (Investor) visa scheme is suspended

Tier 1 (Investor) visa scheme is suspended from midnight on Friday, 7th of December 2018. The suspension will end once new rules will be put in place in 2019.

05-12-18 – Consulting EU citizens regarding obtaining of the immigration status under new registration scheme may be illegal

The Office of the Immigration Services Commissioner (OISC) published a guidance on 16 October 2018, which clearly states with examples, when it is illegal to provide advice to EU citizens and their non-EU family members on obtaining immigration status after Brexit. According to the Immigration and Asylum Act 1999, it is illegal to provide immigration consulting services without specific accreditation. Only registered solicitors, barristers, CILEX specialists (Chartered Institute of Legal Executives), as well as consultants who have received OISC accreditation can provide immigration advice and...

28-11-18 – Home Office published the report reviewing ILR refusals based on paragraph 322 (5) of the Immigration Rules

We write following our recent article published regarding the rise in the number of ILR refusal of highly skilled migrants, including the Tier 1 (General) category. In some of these cases the Home Office refers to the paragraph 322 (5) of the Immigration Rules, designed to tackle criminals and those who pose a threat to national security. According to the latest data, around 1,000 migrants under Tier 1 category could not obtain ILR status, because they made amendments to their tax returns, which the Home Office interpreted as a violation of the law. Refusal of a visa based on paragraph 322 (5)...

27-11-18 – Definition of “precarious immigration status” and “financial independence”

The Supreme Court, in the case of Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58, clarified the definition of “precarious immigration status” and “financial independence”. Ms. Rhuppiah, moved to the UK more than twenty years ago in September 1997, as a student. She was living under student visa until the end of November 2009 and thereafter applied for ILR under 10 years long residency rule. Her application was refused because of the several short periods of overstaying in between extensions of her leave to remain, which was mishandled by her college. She remained in the U...

15-11-18 – Home Office will no longer receive immigrants’ personal data from the NHS

In November 2018, the government decided to change the terms of cooperation under the Memorandum of Understanding between the Home Office and the NHS, where the NHS provided the Home Office with patients’ personal data, which was used to track illegal immigrants. The NHS only shared non-medical information, such as full name, date of birth, gender, residential address, personal contacts. Such measures were used to track illegal immigrants and created “hostile environment” for them. Medical personnel, human rights activists, representatives from charitable organizations and MPs have repeatedly...