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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Developments Worldwide

Articles contributed by Richmond Chambers

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Court of Justice rules on source of income for Derivative Residence applications

October 2019 - Immigration. Legal Developments by Richmond Chambers.

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On 2 October 2019, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18 which concerns Chen applications and the source of funds for self-sufficiency. 

End of the ‘centre of life test’ in Surinder Singh cases?

October 2019 - Immigration. Legal Developments by Richmond Chambers.

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In the recent case of ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan [2019] UKUT 281 (IAC), the Upper Tribunal found that there is no basis in EU law for the centre of life test, as set out in Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016 (the “Regulations”). It further found that it is not to be applied when Judges assess Surinder Singh cases that appear before them.

Terms of employment as a sole representative

October 2019 - Immigration. Legal Developments by Richmond Chambers.

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In this article we examine the working arrangements of sole representatives, looking at the terms and conditions of employment that the Home Office will expect a sole representative to have in order to qualify as a representative of an overseas business.  

Can Sole Representatives Be Shareholders?

October 2019 - Immigration. Legal Developments by Richmond Chambers.

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The Immigration Rules require that an applicant for a sole representative visa is not “a majority shareholder in the overseas business”.

Immigration Skills Charge - A Guide for Employers

October 2019 - Immigration. Legal Developments by Richmond Chambers.

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As a Sponsor, you may be required to pay the Immigration Skills Charge (ISC) each time you sponsor a migrant in the Tier 2 General or Intra-Company Transfer (ICT) Long-term Staff subcategory.

5 FAQS about paragraph 320(11)

October 2019 - Immigration. Legal Developments by Richmond Chambers.

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In applications for entry clearance where the applicant has a negative immigration history in the UK, the application may be refused under the general grounds for refusal, which are found in part 9 of the Immigration Rules. Where an applicant has  â€˜previously contrived in a significant way to frustrate the intentions of the Immigration Rules’,  the application could be refused under paragraph 320(11). In this post we look at five frequently asked questions about paragraph 320(11). 

Multiple nationality and multiple citizenship (including dual nationality and dual citizenship)

October 2019 - Immigration. Legal Developments by Richmond Chambers.

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British nationality law permits multiple nationality and multiple citizenship, including dual nationality and dual citizenship.

Applying for Indefinite Leave to Remain in the Exceptional Talent or Promise Category

October 2019 - Immigration. Legal Developments by Richmond Chambers.

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The Exceptional Talent and Exceptional Promise categories are for individuals who are recognised leaders or emerging leaders in their field of expertise. There are a number of endorsing bodies for lots of different fields of work, including artists and musiciansarchitectsdigital expertsscientists and academics. While there isn’t an endorsing body for every expert, the growing list means that many individuals could enjoy the flexibility that this category has to offer. 

Rights of appeal after the Immigration Act 2014

September 2019 - Immigration. Legal Developments by Richmond Chambers.

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The Immigration Act 2014 (“the 2014 Act”) reduced the circumstances in which the refusal of an immigration application will give rise to a right of appeal. The explanatory notes to the 2014 Act state that the Act was intended to restructure rights of appeal to the Immigration Tribunal. Previously, a right of appeal to the Immigration Tribunal existed against any of the 14 different immigration decisions listed in s.82 of the  Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”). As explained below, whether or not the refusal of an immigration application currently generates a right of appeal depends on the subject matter of the application rather than its categorisation.

New Graduate Visa route for international students announced by Home Office

September 2019 - Immigration. Legal Developments by Richmond Chambers.

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Today the Government announced plans for a new Graduate Visa which will enable international students to work in the UK for two years following their graduation, a significant increase from the current permitted duration of four months. The decision to introduce a Graduate Visa has been welcomed by numerous politicians and universities, and will no doubt be welcomed by students too. 

Changes to the Business, Investment & Talent Categories

September 2019 - Immigration. Legal Developments by Richmond Chambers.

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On 9 September 2019, the Home Office presented its latest Statement of Changes to the Immigration Rules (HC 2631). A number of minor amendments are being introduced to the business, investment and talent immigration categories. 

The Status of Hong Kong British National (Overseas) Citizens

September 2019 - Immigration. Legal Developments by Richmond Chambers.

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British nationality is somewhat unique as there are various different forms of nationality, with fewer rights attached to them than being a ‘British Citizen’. These are a consequence of the UK’s close historical connection with many foreign states and territories during the time of the British Empire. This blog post discusses Hong Kong and the status of British National (Overseas) Citizens, including their eligibility for settlement in the UK and British citizenship.

Home Office recognise deficiency in EEA Regulations

September 2019 - Immigration. Legal Developments by Richmond Chambers.

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Correspondence published by the Upper Tribunal on 3rd September 2019 has revealed that the Home Office is unsure when the Immigration (EEA) Regulations 2016 will be amended to fully recognise appeal rights for extended family members of EEA nationals, but that appeals should still be heard by Tribunals.

What is the Tier 2 Minimum Salary Requirement?

September 2019 - Immigration. Legal Developments by Richmond Chambers.

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The Tier 2 visa is for those who have received an offer of a skilled job from a licensed sponsor in the UK. Among other eligibility requirements, you must meet the minimum salary requirement. The minimum salary requirement is highly dependent on the specific Tier 2 visa the migrant is applying for. The rules regarding the minimum salary requirements are summarised below.

Immigration Rules designed to keep families together cause families to be separated

September 2019 - Immigration. Legal Developments by Richmond Chambers.

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Individuals coming to the UK for work or investment purposes, such as Entrepreneurs, InnovatorsInvestorsSponsored Workers and Sole Representatives, are usually able to bring family members with them, including a Spouse or Partner and children who are under the age of 18. However, there are specific rules in place which can make it difficult for some families to bring their children. In this article we will look at what the Immigration Rules require, why they are not fit for purpose and what applicants can do about it. 

Top 10 Spouse Visa Extension FAQs

August 2019 - Immigration. Legal Developments by Richmond Chambers.

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There comes a time in every UK spouse visa holder’s life when their thoughts naturally turn to 
. applying for an extension of stay.  That time normally comes a few months before they have been living in the UK as a spouse of a British citizen or settled person for 2.5 years.  In this post we look at ten of the most common questions asked by spouse visa holders when considering applying for a spouse visa extension.

ILR after 5 years residence in the UK

August 2019 - Immigration. Legal Developments by Richmond Chambers.

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There are a number of immigration categories where it is possible to qualify for indefinite leave to remain ILR after 5 years.  Some of these categories include a requirement to spend not more than 180 days outside the UK in any 12 month period during the 5 years.  In this post we look at the immigration routes which permit ILR after 5 years and the continuous residence requirement.

Tier 2 Sponsor Licence Application - A Guide For Employers

August 2019 - Immigration. Legal Developments by Richmond Chambers.

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In order to employ skilled workers with a long-term job offer from outside the EU, UK employers must first submit a Tier 2 Sponsor Licence application.  Non-EEA nationals must have a job offer from an employer that has made a successful Tier 2 Sponsor Licence application before they can apply to come to, or remain in, the UK for work.  In this post we provide a short guide for employers about making a Tier 2 Sponsor Licence application.

Indefinite Leave to Remain ILR: A Complete Guide

August 2019 - Immigration. Legal Developments by Richmond Chambers.

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Not quite citizenship, and yet more than just a visa 
 the status of Indefinite Leave to Remain or ILR has its own specific characteristics. In this post, we take a look at some of the most frequently asked questions from those who have been granted Indefinite Leave to Remain status, including how to prove it, the rights that it gives you, and how it can be lost or maintained. 

10 Years Long Residence ILR Application Guide

August 2019 - Immigration. Legal Developments by Richmond Chambers.

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The 10 years long residence route to indefinite leave to remain (ILR) provides a route to settlement based on continuous lawful residence in the UK for a period of 10 years.  In this post, we look at the requirements for a successful application for ILR on the basis of 10 years long residence.

Entrepreneur visa extension: Required documents

August 2019 - Immigration. Legal Developments by Richmond Chambers.

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The Tier 1 Entrepreneur visa route closed to new applicants on 29 March 2019. However, if you entered the category prior to this date, a Tier 1 Entrepreneur visa extension application may well be within your sights. In this post we look at two recent decisions of the Court of Appeal and Administrative Court which emphasise the importance of ensuring that a Tier 1 Entrepreneur visa extension application is supported by the right documents, in the right format.

Unreasonable Costs in Immigration Appeals

August 2019 - Immigration. Legal Developments by Richmond Chambers.

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Prior to 2014, it was not possible to get an award for unreasonable costs in immigration appeals. However, Rule 9(2) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chambers) Rules 2014 changed this, stating that the Tribunal may make an order in respect of costs if a person has acted unreasonably in bringing, defending or conducting proceedings.