News

16.12.2024 - Court of Appeal allows appeal on EU Settlement Scheme dependency rules

The Court of Appeal has said that a child, who is over 21 and has rights of residence based on dependency on their EU citizen parent, does not lose those rights if they start working and are no longer financially dependent on the parent. Essentially, dependency is determined at the date of application and once that has been established, the right to work takes precedence over the requirement for ongoing dependency. The case is R (Ali) v Secretary of State for the Home Department [2024] EWCA Civ 1546.

Background

The appellant was born in Bangladesh on 22 September 1994 and applied for an EEA fa...

04.12.2024 - Home Office minister makes statement on eVisas. Extending use of expiring BRPs

Today Seema Malhotra MP the Minister for Migration and Citizenship has made a written statement. For those whose BRP expires at the end of the year, provisions have been put in place for travel:

we have also listened to concerns about the risk to customers who are travelling after 31 December, where their underlying status has not expired. In order to smooth the transition to eVisas, we have decided to allow carriers to accept a BRP or EUSS BRC expiring on or after 31 December 2024 as valid evidence of permission to travel until at least 31 March and this date will be kept under review. Custom...

26.11.2024 - Urgent Update – Changes to Long Residence Rules for those under Ukraine Schemes

The Home Office has announced important changes to the Immigration Rules concerning the Long Residence route, with these amendments set to take effect from the 18th of December 2024. These changes, outlined in the Statement of Changes (HC 334), mark a significant development in the treatment of time spent in the UK under certain visa schemes. 

A key element of the updated rules is the explicit exclusion of time spent under the Ukraine Schemes from the qualifying period for Long Residence applications. From the 18th of December 2024, individuals who have resided in the UK under these schemes wi...

26.11.2024 - Ukraine Permission Extension Scheme from 4 February 2025

At 9am on 4 February 2025, the Ukraine Extension Scheme will close and the Ukraine Permission Extension Scheme will open. Those with leave under the current Ukraine schemes will be able to apply for a further 18 months of leave with the same rights they currently hold. Children born in the UK to parents with leave under the schemes will also be able to use this route.

A new paragraph 39E(6) introduces provisions for periods of overstaying of up to 90 days to be disregarded where the extension application is made between 4 February 2025 and 4 August 2025.

Appendix Long Residence is being amende...

26.11.2024 - Columbia added to visa national list from 3pm today

Columbia has been added to the list of countries that must apply for a visitor visa in advance of travelling to the UK. From 3pm today Appendix Visa National is amended to include Columbia and Appendix ETA National List will be amended to remove it as they will no longer be included in the countries that can use the Electronic Travel Authorisation process (this was due to take effect for Columbia from tomorrow).

The latest available published statistics demonstrate this trend with the number of asylum claims rising from 2, 4 and 7 in the first 3 quarters in 2022, to 105 in quarter 4 of 2022. ...

14.11.2024 - Immigration Appeals and Procedural Compliance: Court of Appeal Sets Key Precedent

The Court of Appeal's recent decision in R (Chowdhury) v The First-tier Tribunal (Immigration and Asylum Chamber) & Anor [2024] EWCA Civ 1380 has provided significant clarification on the relationship between erroneous decision notices and statutory time limits for immigration appeals. The judgment reiterates the fundamental importance of procedural compliance by the Home Office, emphasising that the statutory time limit for appeals cannot start to run unless the decision notice fully adheres to the requirements set out in the Immigration (Notices) Regulations 2003. This case establishes an im...

08.11.2024 - Lack of appeal against rejection of late EUSS applications does not breach Withdrawal Agreement

The High Court has dismissed a challenge to changes made to late applications to the EU Settlement Scheme which removed the right to appeal where it is not accepted that the applicant had a good reason for applying late (i.e. where the application is rejected as invalid, rather than being accepted as valid and then refused). The judicial review was brought by Here for Good, a charity providing free immigration advice on the EU Settlement Scheme. The case is R (Here for Good) v Secretary of State for the Home Department [2024] EWHC 2817 (Admin).

Background

Evidence given by a Home Office offici...

07.11.2024 - Bank of England cuts interest rates to 4.75%

UK interest rates could take longer to fall further after the Bank of England forecast that inflation will creep higher after last week's Budget.

Bank governor Andrew Bailey said rates were likely to "continue to fall gradually from here”, but cautioned they could not be cut "too quickly or by too much”.

Investors now do not expect any further rate cuts this year, with the Bank likely to hold rates at its next meeting in December.

30.10.2024 - Autumn Budget 2024: VAT Fees Impact Private Schools in the UK

In a significant change to the educational landscape, Chancellor Rachel Reeves announced in the Autumn Budget that private school fees will be subject to Value Added Tax (VAT) from January 2025. This decision effectively ends the tax advantages enjoyed by private schools due to their charitable status, which has long provided them with financial benefits.

From the start of next year, tuition and boarding fees will incur a 20% VAT, expected to generate between £1.3 billion and £1.5 billion annually for the government. Reeves highlighted that around six to seven percent of pupils in the UK are e...

30.10.2024 - The Autumn Budget 2024: A Balancing Act for British Businesses

As the leaves fall and we approach Halloween, this year's Autumn Budget has unveiled a series of significant changes to the UK's tax landscape that are likely to send ripples of concern through the business community.

Chancellor Rachel Reeves, bound by the government's manifesto pledges to avoid raising income tax, national insurance, and VAT for "working people," has had to look elsewhere to find the £40 billion needed to stabilise public finances.

Tax Hikes on Employers and Investors

One of the most talked-about changes is the increase in employer national insurance contributions, which is s...