News

09.12.2022 - Unsuccessful High Court challenge reminder to adhere to visa conditions

The High Court has dismissed a challenge to the decision to cancel two individuals’ permission to remain in the UK because they exceeded the number of hours they were permitted to work. Rahim Shah & Fawad Anwar v Secretary of State for the Home Department. Is a useful reminder of the importance of abiding by the specific visa conditions in a grant of leave. 

Mr Shah and Mr Anwar were both in the UK on student visas which permitted them to work up to 20 hours per week in term time. Following a raid on their place of work by immigration officers on 27 September 2021, they were each interviewed r...

30.11.2022 - Immigration Skills Charge updated list of exemptions

An amendment to the Immigration Skills Charge Regulations 2017 is due to come into force on 1 January 2023.

The current rules state that UK businesses sponsoring overseas workers, subject to certain exemptions, must pay a charge each time a certificate of sponsorship is assigned to that worker.

The amendment adds to the list of exemptions under which one is not required to pay such a charge. Businesses that bring EU citizens to the UK under certain visa routes will, from 1 January 2023, not have to pay the Immigration Skills Charge. The exemption applies to those entering the UK under the Scal...

25.11.2022 - UK net migration hits all-time record. One third of immigrants came from Ukraine

UK net migration hit 504,000 in the year to June - the highest figure ever recorded, The Office for National Statistics (ONS) estimates.

The rise is driven by people arriving legally from outside the EU and the resumption of post-pandemic travel.

Reception of Afghan and Ukrainian refugees and people from Hong Kong are other factors.

The government has promised to cut net migration - the difference between the numbers entering and leaving the UK.

Today's figures will intensify debates over the role of overseas workers into the UK economy and wider labour market - weeks after Home Secretary Suel...

24.11.2022 - New route to British citizenship for people of Chagossian descent

The Home Office has launched a new application process for people of Chagossian descent to obtain British citizenship or British overseas territories citizenship. The introduction of this route is certainly welcome. Whilst the Chagossians are still fighting to return to their homeland, this is a step in the right direction for Britain to acknowledge and remedy the treatment of Chagossians.  

Background

The history of Chagos Island is complex. The islands were once administered by Britain, creating the British Indian Ocean Territory. Between 1967 and 1973, the UK deported all islanders to Mauri...

23.11.2022 - Scottish government loses independence referendum court case

The Scottish government cannot hold an independence referendum without the UK government's consent, the Supreme Court ruled today, 23 November.

Scottish First Minister Nicola Sturgeon wants to hold a referendum on 19 October next year.

But the court ruled unanimously that she does not have the power to do so.

The UK government has so far refused to grant the formal consent for a vote that was in place before the referendum in 2014.

Court president Lord Reed said the laws that created the devolved Scottish Parliament in 1999 meant it did not have the power to legislate on areas of the constitut...

17.11.2022 - Autumn Statement 2022: taxes in brief

Today, 17th of November, the Chancellor of the Exchequer, the Rt Hon Jeremy Hunt MP, made his Autumn Statement 2022 speech.

He has revealed tax rises and spending cuts worth billions of pounds aimed at mending the nation's finances.

Taxation and wages

  • Legally-enforceable minimum wage for people aged over 23 to increase from £9.50 to £10.42 an hour from next April
  • State pension payments and means-tested and disability benefits to increase by 10.1%, in line with inflation
  • Apart from in Scotland, top 45% additional rate of income tax will be paid on earnings over £125,140, instead of...

15.11.2022 - Developments in third party financial support for spouse or partner visa applications

The minimum income requirement for a spouse or partner visa is well known. Broadly speaking, applicants must show that their sponsor has a gross annual income of at least £18,600. Alternatively, they can rely on savings or, if they are already in the UK and working legally, on their income.

But what happens if the applicant and sponsor don’t have enough income or savings and instead propose to rely on support from a willing relative or friend who does

The rules now permit reliance in certain circumstances on “a credible guarantee of sustainable financial support to the applicant or their partn...

09.11.2022 - Home Office Guidance for sponsors updated: work start dates, working hours, and pay

The Home Office has made several changes that businesses sponsoring overseas workers should be aware of. 

The below changes have come into force as of 9 November 2022.

Changing work start dates

An individual can now start working in their sponsored employment as soon as they have permission to enter or stay in the UK. They no longer have to wait for the start date given on their Certificate of Sponsorship (CoS). 

There is no need to report the change on the SMS system if the start date has been brought forward after an individual has been granted permission to enter or remain in the UK.

Consid...

03.11.2022 - Bank of England sets biggest interest rate hike in 33 years

The Bank of England has increased interest rates to three per cent in the biggest hike in 33 years as it tries to curb inflation.

The Monetary Policy Committee (MPC) raised the base rate by 0.75 percentage points this afternoon to 3 per cent after warning last month that growing inflationary pressures will require a “stronger response” than previously thought.

The decision has pushed the interest to its highest amount since 2008.

This is the eighth time in a row that the Bank has hiked interest rates. Less than a year ago the rate was 0.1 per cent.

A leading trade union has warned that a hike ...

31.10.2022 - 10-year long residence for getting Indefinite Leave to Remain: limit of absences extended to 548 days

Where a migrant can show that they have lived in the United Kingdom for at least a continuous, lawful 10-year period, they may be eligible for apply for indefinite leave to remain (‘ILR’).

However, one potential sticking point is whether they have been outside of the United Kingdom for too long. That is because the Immigration Rules say that for the period to be “continuous”, the applicant cannot have spent more than 18 months in total outside of the country during those 10 years, or any single absence of six months or more.

The Home Office guidance states that six months is calculated as 180 ...

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