The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon

Magrath Sheldrick LLP

22 CHANCERY LANE, LONDON, WC2A 1LA, ENGLAND
Tel:
Work 020 7495 3003
Fax:
Fax 020 7317 6766
Email:
Web:
www.magrath.co.uk
London, Singapore

IHL Legal Briefings

If your firm wishes to publish IHL Legal Briefings or articles, please contact Antony Dine on +44 (0) 207 396 9315 or antony.dine@legalease.co.uk

Landmark ECJ decision for derived right of residence for EEA family members

November 2017. By Magrath Sheldrick LLP, Victoria Welsh, and Lucy Garrett

In the landmark decision of Toufik Lounes v Secretary of State for the Home Department (C?165/16) , the European Court of Justice (ECJ) has held that an EEA national who exercises free movement in another member state, and who later naturalises in that country and retains their original nationality, continues to enjoy the rights afforded under the Treaty of the Functioning of the European Union (TFEU). Further, that qualifying family members also continue to derive the same rights through that EEA national, including the right of residence. [Continue Reading]

UK government issues ‘technical note’ on citizens’ rights and administrative procedures post-Brexit

November 2017. By Magrath Sheldrick LLP and Ben Sheldrick

On 7 November 2017, the UK government provided the European Commission with a ‘technical document’ with the aim of further clarifying its proposals in respect of post-Brexit citizenship rights. The note aims to offer reassurance to EU citizens and their family members by setting out further details of how a new ‘settled status’ scheme will operate in practice. [Continue Reading]

Brexit Update

October 2017. By Magrath Sheldrick LLP and Ben Sheldrick

The recent Government policy document leaked and published by The Guardian newspaper has given an indication of the post-Brexit immigration strategy. Despite not representing formal policy, given its unofficial status and the fact that the Government has yet to hear views from numerous stakeholders including the Migration Advisory Committee (MAC), current Government thinking is represented within the document, including the two year “implementation period” which has been increasingly discussed recently. [Continue Reading]

Statement of Changes to the Immigration Rules July 2017

August 2017. By Magrath Sheldrick LLP and Lucy Garrett

A new statement of changes to the UK Immigration Rules was presented to Parliament on 20 July 2017, to implement changes to the family Rules under Appendix FM following the Supreme Court judgment in MM (Lebanon) & ors v the Secretary for the Home Department [2017]. In particular, the statement of changes inserts new general provisions for meeting the Minimum Income Requirement (MIR) for these applications. MM (Lebanon) & ors challenged the compatibility of the requirement with the rights protected by the European Convention on Human Rights (ECHR), specifically Articles 8 (Private & Family Life), 12 (To Marry and Found a Family) and 14 (Prohibition of Discrimination). The case also contended that the Rules failed to incorporate the Secretary of StateÂ’s duty to have regard to the need to safeguard and promote the welfare of children when making decisions that affect them (s55 of the Borders, Citizenship and Immigration Act (BCIA) 2009). [Continue Reading]

An analysis of the UK’s offering to EU Nationals living in the UK post Brexit

July 2017. By Magrath Sheldrick LLP and Joanne Taylor

On Thursday 23 June 2016, the people of the United Kingdom voted for a British exit (Brexit) from the European Union in a historic referendum. Almost exactly one year later, on 26 June 2017, the UK government published its proposals to ‘Safeguard the position of EU citizens living in the UK and UK nationals living in the EU’. [Continue Reading]

Brexit Miller case – the impact of the UK’s exit from the European Union on immigration

May 2017. By Magrath Sheldrick LLP, Sundeep Rathod, and Lucy Hughes

Following the referendum on 23 June 2016, the UK public voted to leave the European Union. The subsequent political and media storm that ensued focused on what shape the exit deal would take including when and how article 50 of the Treaty on European Union 2009 would be triggered. Nine months after the UK voted to leave the European Union, prime minister Theresa May formally triggered Article 50. The media attention now has turned to focus on the UKÂ’s negotiations with the EU. [Continue Reading]

Quality and quantity: immigration update

May 2017. By Magrath Sheldrick LLP, Lucy Garrett, and Victoria Edwardes

Extensive changes have recently been made to UK immigration laws and more are scheduled for implementation in the near future. It is an almost constantly reviewed area of law, but can there be too many changes or does it depend on the kind of changes being introduced? Immigration in the UK has always been a talking point and continues to be a hot topic, particularly with the forthcoming Brexit negotiations, and there seems to be an unending pursuit for the ‘perfect’ balance between migrant quantity and quality. Is it possible to preserve the benefits of migration while simultaneously introducing restrictions and constant modifications? [Continue Reading]

Changes to the Immigration Rules – November 2016

January 2017. By Magrath Sheldrick LLP, Davina Fernandes, and Katie Wren

In March 2016, the Home Office announced that there would be two phases of changes to the Tier 2 sponsorship regime following a review of the category published by the Migration Advisory Committee (MAC) on 24 March 2016. The first of the phases had been due in autumn 2016. On 3 November 2016, the Home Office finally published its Statement of Changes. Together with the expected changes to the Tier 2 category, a number of other significant changes to the Immigration Rules were also announced and came into effect on 24 November 2016. [Continue Reading]

US immigration reform in the wake of the 2016 presidential election

November 2016. By Magrath Sheldrick LLP and Mairin Hoban

‘Our future will always be written in part by immigrants’ Hillary Clinton Immigration was a prominent and highly charged topic of the 2016 presidential election. Hillary Clinton acknowledged that the US immigration system was broken and had promised to pass comprehensive reforms to strengthen the economy and to offer a path to full and equal citizenship to families that have been separated under the current legislation.  She promised to uphold President Obama’s executive actions, including DACA (Deferred Action for Childhood Arrivals) and DAPA (Deferred Action for Parents of Americans) that would grant relief from the threat of deportation to thousands of long-term residents in the US, mainly from Latin America. [Continue Reading]

Brits abroad: what are the options post-Brexit?

October 2016. By Magrath Sheldrick LLP and Kerry Hough

Following the result of 23 June 2016 Brexit referendum, many British citizens are concerned with what potential travel restrictions and immigration regulations may be implemented when travelling to EU countries after the UK leaves the EU. A number of potential scenarios have been identified. [Continue Reading]

Adult dependant relatives and the ‘impossible’ threshold

September 2016. By Magrath Sheldrick LLP and Brian Naumann

In July 2012, the UK government made significant changes to the adult dependant relative immigration route which previously fell for consideration under Immigration Rule 317. The new rules contained in Appendix FM significantly changed the criteria for this visa category to the extent that, now, comparatively few applicants are successful and the category is all but closed off. The resulting detrimental effect on British families cannot be underestimated. [Continue Reading]

Fair Employment Practices – Building a Singaporean Core

August 2016. By Magrath Global and Debra Durnford

The Fair Consideration Framework (FCF) was introduced in Singapore in August 2014 with the aim of promoting fair employment practices. It requires employers to consider Singaporeans fairly for job vacancies and to provide them with equal employment opportunities based on merit. Under the FCF, it was noted that companies which have scope to improve their hiring and career development practices would be identified and monitored by the government. These companies may include those that have a disproportionately low concentration of Singaporeans at the professional, executive, managerial and technical (PMET) level compared to others in its industry, or those companies with repeated complaints of nationality-based or other discriminatory human resource practices. [Continue Reading]

Brexit: the immigration implications

June 2016. By Magrath Sheldrick LLP, Victoria Welsh, Francesca Montgomery, and Anita Ofis

As the campaigning continues for the forthcoming Referendum on whether the UK should leave the European Union (EU), immigration (and its links with national security) is one of the central topics in the debates. Aside from the headline grabbing national security concerns (‘Brexit could trigger World War Three warns David Cameron’ in the Mirror on 10 May 2016 was particularly special), particular focus has been placed on the UK’s immigration policy, the consequences of high net migration and the impact of the EU’s freedom of movement provisions. [Continue Reading]

Home Office Announce Changes to Tier 2 Immigration Route following MAC Review

May 2016. By Magrath Sheldrick LLP, Yuichi Sekine, and Lucy Garrett

The Migration Advisory Committee (MAC) is an independent body commissioned to advise the Government on migration issues. On 19 January 2016, the MAC published its greatly anticipated review of the current Tier 2 category under the Points Based System. Specifically, the MAC was tasked to advise the Government on proposed changes designed to address the increasing number of migrants in this category and to prevent industry reliance on such migrants to fill skills shortages. [Continue Reading]

Right to rent checks and how ‘picky’ landlords may end up with a claim for unlawful discrimination

March 2016. By Magrath Sheldrick LLP and Kamilla Kelemen

Right to rent checks were introduced by the Immigration Act 2014 and, following a successful pilot scheme in parts of the West Midlands, became effective for all private tenants in England from 1 February 2016 (currently, the scheme does not apply in Scotland, Wales or Northern Ireland). [Continue Reading]

Tech Entrepreneurs take on the prime minister on immigration policy

December 2015. By Magrath Sheldrick LLP and Ben Sheldrick

The governmentÂ’s policy of reducing net migration to the tens of thousands continues to attract fierce debate among important stakeholders. In a recent development, a number of the UKÂ’s most powerful technology leaders have issued a warning to the prime minister that businesses within the technology sector will suffer if the Home Office presses ahead with plans to reduce the numbers of skilled migrants entering the UK from outside the European Economic Area. [Continue Reading]

A hostile environment for illegal immigrants: ?the Immigration Bill 2015

November 2015. By Magrath Sheldrick LLP and Chinney Onuchukwu

Immigration has become one of the largest public policy issues in the UK. According to the Office for National Statistics, net migration reached an all time high of 330,000 in the year to March 2015. Given the long-term demographic impacts and the effect on public services, the UK government has set ambitious targets to reduce the scale of immigration into the UK. ? [Continue Reading]

United States Citizenship and Immigration Services: L-1 category?

October 2015. By Magrath Sheldrick LLP and Mairin Hoban

The L-1 intra-company transferee non-immigrant visa classification was introduced into the Immigration and Nationality Act (INA) with the passage of the Immigration Act of 1970. L-1 visas are available to foreign nationals who have worked for a multinational company outside the United States for one continuous year within the three years immediately prior to their proposed US transfer. The transferring employee must have served the company in an executive, managerial or specialised knowledge capacity and be transferring to the US in a similar position. The L-1A visa is accorded to executive and managerial personnel, and the L-1B visa is granted to employees with specialised knowledge – having been created to promote flexibility for US companies in an increasingly globalised and dynamic marketplace. ? [Continue Reading]

Can the Human Rights Act really be ‘scrapped’ and would it make any difference?

September 2015. By Magrath Sheldrick LLP and Brian Naumann

The Human Rights Act 1998, introduced by the Labour government and in force since October 2000, has been the subject of much controversy. In particular it has been blamed for preventing the government from being able to remove illegal immigrants from the United Kingdom. The Conservative government’s desire to ‘scrap’ the Human Rights Act is undoubtedly linked to immigration being a hot topic in politics and the perceived need to reduce net migration. [Continue Reading]

The post-election immigration policy landscape

July 2015. By Magrath Sheldrick LLP and Ben Sheldrick

As the dust settles on the most unpredictable general election in decades, it appears that very little has in fact changed. The immigration policy landscape looks remarkably similar to the way it looked in April. Following endless discussions about coalitions, agreements, hung parliaments and pacts, the Conservatives now have an overall parliamentary majority and have eased back into power without much anxiety or negotiation, leaving their former coalition colleagues floundering with just a handful of parliamentary seats and a looming leadership election. [Continue Reading]

Legal Developments by:
Magrath Sheldrick LLP

Legal Developments in the UK

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to