Court of Justice rules on source of income for Derivative Residence applications
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?
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 …
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Terms of employment as a sole representative
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?
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
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)
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 ‘previously contrived in a significant way to frustrate the intentions of the Immigration Rules’, …
Multiple nationality and multiple citizenship (including dual nationality and dual citizenship)
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
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 musicians, architects, digital experts, scientists and academics. While there isn’t an endorsing body for every expert, the growing list means that many individuals could …
Parallel Proceedings – Civil And Criminal
Syedur Rahmanconsiders the factors that determine when civil proceedings can go ahead before,or at the same time as, criminal proceedings relating to the same circumstances.
Rights of appeal after the Immigration Act 2014
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 …
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