Adequate Maintenance Requirement – Appendix FM
In July 2012, the Immigration Rules were changed to implement new requirements for non-EEA nationals applying to enter or remain in the UK under the family migration route. Appendix FM of the Immigration Rules was subsequently introduced, incorporating an adequate maintenance requirement.
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.
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 …
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.
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’, …
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.
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”.
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.
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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Home Office recognise deficiency in EEA Regulations
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.