News

19.12.2018 - Derivative right of residence for family members of British citizens under EU law

The Upper Tribunal reviewed the free movement rights of British citizens, who frequently travel to EU countries for business purposes (case LS v SSHD (Article 45 TFEU – derivative rights) [2018] UKUT 00426 (IAC)) and ruled that foreign family members of such British citizens are able to obtain derivative right of residence in accordance with Article 45 of TFEU under certain circumstances. For example, when both partners with British citizenship are cross border workers, their  foreign family member can apply for derivative right of residence if he/she provides childcare while parents are away....

17.12.2018 - Travelling to the EU countries for British citizens after Brexit

The European Commission confirmed that UK citizens will not need a visa to enter EU countries after Brexit. However, they will need to obtain ETIAS (European Travel Information and Authorization System) entry document, which costs € 7 (£ 6.30). It is expected that this system will be launched in 2021.

ETIAS is an entry document that allows citizens from 61 countries, including the United States, Japan and Australia, to travel around the European Union without a visa for up to 90 days for business, tourist, medical or transit purposes. Applications for ETIAS entry document are made online. The ...

14.12.2018 - A new visa category for international models

Home Office announced the launch of a new visa category for professional models under Tier 5 (Creative temporary workers) route. This visa will allow successful candidates to work in the UK for up to one year. Only models with “international status” and vast experience will be able to qualify for these visas. Also applicants must be high-earners and have pre- booked work for the duration of the visa. In comparison to Tier 2 category, applicants do not need to show the certain level of salary offered to them in the UK.

11.12.2018 - 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...

10.12.2018 - 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.

10.12.2018 - 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.

07.12.2018 - 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,...

07.12.2018 - 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...

06.12.2018 - 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.

05.12.2018 - 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...

← Prev Next →