News

18.11.2020 - No procedural unfairness in refusing work visa where sponsor doesn’t engage

In the recent case of Topadar v Secretary of State for the Home Department [2020] EWCA Civ 1525 the Court of Appeal considers two questions:

  1. At what point is an immigration application decided by the Home Office?
  2. Is it procedurally unfair for the Home Office to refuse an application due to the applicant’s sponsor (i.e. their employer) failing to provide additional information (without the applicant ever being made aware of the request)? 

The answers:

  1. When a decision is issued – an administrative review of that decision is not an extension of the decision-making process;
  2. No –

11.11.2020 - The Immigration Act 2020

The Immigration Act 2020 has arrived. The new legislation — the full title of which is the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 — passed into law today, 11 November 2020.

The Act is much shorter than any of the other Immigration Acts but makes wide-ranging changes to how EU citizens will be treated by immigration law. The government’s stated intention was to pass an Act ending free movement by repealing the domestic legislation which gives effect to EU law immigration rights, paving the way for its new Points-Based Immigration System. The Act also addresses th...

11.11.2020 - Proposed changes to the capital gains tax

On Wednesday, 11 November the government-run office presented its review on the capital gains tax (CGT) reform as one of the ways of covering the increasing costs of COVID-19.

Typically, CGT is levied on the profits (gain) from selling or disposing of the owned assets, for example second homes or shares.

According to the report commissioned by the Chancellor, the proposed changes will allow the Government to raise nearly £14bn through reconsidering the CGT rates and reliefs.   

In more details, the main recommendation of the tax report is to align the CGT rates with the income tax rates, namel...

10.11.2020 - Changes to Student and Short-term Student routes from 1 December 2020

The Immigration Rules covering student visas were substantially revised in early September 2020, with the changes coming into force on 5 October.

There are four of these “minor corrections”:

  1. Maintenance levels are being increased from £1,265 to £1,334 per month inside London and from £1,015 to £1,023 for courses outside London. One positive change is that applicants can now rely on electronic bank statements without the need to grovel to the cashier to stamp every page (though weirdly this new relaxation doesn’t apply throughout the Rules, e.g. in Appendix FM applications).
  2. If student...

09.11.2020 - Online Right to Rent checks launch later this month

Right to Rent checks can be carried out online and in real time from 25 November 2020 onwards. Under the new scheme, landlords will be able to conduct checks on whether prospective tenants are permitted to rent using a Home Office webpage (not yet live).

For now, the online checking service will only be available for EEA nationals and their family members who have been granted status under the EU Settlement Scheme; non-EEA nationals with a biometric residence permit, and Points Based System migrants. For anyone else, documents will still need to be checked manually or by putting in a request t...

05.11.2020 - Revised furlough scheme and self-employed package

The Government has developed new financial support package for businesses in response to the nationwide restrictions announced by the Prime minister on October 31, 2020 which are aimed to reduce spread of COVID-19.

In particular, Coronavirus Job Retention Scheme (CJRS) more known as furlough scheme is extended up to the end of March 2021 and will be available across the country. The five-month package will subsidise 80% of standard salaries of the eligible employees limited to £2,500 per month. It should be noted that the Government has also allowed to re-hire the employees who were redundant ...

02.11.2020 - Coronavirus and the UK immigration system (as of 02 November 2020)

General immigration policy rules

Exceptional assurance was initially available only to those with a visa expiring up to 31 October, but has now been extended to 30 November as part of the second national lockdown. Further extensions of the scheme seem likely.

People requesting exceptional indemnity/assurance need to fill in an online form to explain why they can’t leave by 30 November. 

The guidance also allows people to apply for further leave to remain in the UK even “where you would usually need to apply for a visa from your home country” — provided that the application is “urgent”.

Biomet...

02.11.2020 - Government increases support for self-employed across the UK

The self-employed will be able to claim state aid of up to 80% of profits during the month-long lockdown, Chancellor Rishi Sunak has announced today.

To reflect the recent changes to the furlough scheme, the UK-wide Self-Employment Income Support Scheme (SEISS) will be made more generous – with self-employed individuals receiving 80% of their average trading profits for November.

And to ensure those who need support get it as soon as possible, payments will also be made more quickly with the claims window being brought forward from 14 December to 30 November.

The changes will ensure that self-...

31.10.2020 - Furlough Scheme Extended and Further Economic Support Announced as England enters second national lockdown

People and businesses across the UK are being provided with additional financial support as part of the government’s plan for the next phase of its response to the coronavirus outbreak, the Prime Minister Boris Johnson announced on Saturday (31 October).

Throughout the crisis the government’s priority has been to protect lives and livelihoods.

As part of the announcement of month-long restrictions in England, including the closure of pubs, restaurants, gyms and non-essential shops, the Prime Minister said the government’s Coronavirus Job Retention Scheme - also known as the Furlough scheme - w...

29.10.2020 - “Compassionate” Home Office targets rough sleepers, again

Оver the past few months the Home Office seems to have entertained only the most inhumane immigration policies, such as offshore “asylum processing centres” mirroring Australia’s notorious Nauru detention centre, and using nets to clog the propellers of refugee boats crossing the Channel.

Now added to this list is a renewed focus on migrant rough sleepers. Buried in the 514-page statement of changes to the Immigration Rules that dropped last week is the revelation that the Home Office will again be targeting migrants who suffer the misfortune of sleeping on the streets.

The new rough sleeping ...

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