All Articles: Points Based System

Some coronavirus concessions are being written into the Immigration Rules

Scattered throughout the latest statement of changes like needles in a 186-page haystack are three COVID-19 concessions that previously only appeared in Home Office guidance. They will now form part of the Immigration Rules. In immigration law, a conc ...

17th September 2021 By

New statement of changes to the Immigration Rules: HC 617

On 10 September 2021 the Home Office published a statement of changes to the Immigration Rules (HC 617). It is 183 pages long and makes adjustments in quite a number of areas. Some of the main changes are: Banning entry to the UK with an ID card rathe ...

13th September 2021 By

A look at the skilled immigration sponsorship “roadmap”

The government has released details of its sponsorship “roadmap” for employers recruiting skilled workers from abroad. This follows on from the publication of its New Plan for Immigration back in March 2021. The new roadmap sets out the Ho ...

2nd September 2021 By

A Shortage Occupation List review in 2022 is too late

Jobs that British employers struggle to recruit for are on the Shortage Occupation List. With separate entries for England, Scotland, Wales and Northern Ireland, it seeks to be responsive to the needs of industry across the devolved nations. The Migra ...

25th August 2021 By

Briefing: are labour mobility schemes for skilled refugees a good idea?

On 20 July 2021, Free Movement published an article about the UK’s new Displaced Talent Mobility Programme, which concluded that it constituted “a new complementary pathway” for refugees to reach the country and “a positive step that will hope ...

5th August 2021 By

How excited should we be about the new High Potential Individual visa?

Since the announcement of the new High Potential Individual route as part of the UK Innovation Strategy, there’s been considerable buzz about what it will mean for graduates around the world seeking to move to the UK. Until the new route is mapped o ...

4th August 2021 By

Unnecessary fees for overseas acts heap fresh misery on live entertainment sector

It’s been a very long time since most UK live music and theatre “sponsors” have had to issue paperwork for overseas artists to come into the UK. For most, it’s been 16 months and counting. Since then, we’ve had Brexit, dragging EU ac ...

3rd August 2021 By

UK government promises new “high potential” visa with no job offer required

“High potential individuals” will in future be able to come to the UK to work without a job offer, the government has announced. The move, building on previous promises to provide an unsponsored work route under the Points Based Immigratio ...

23rd July 2021 By

The displaced talent scheme: helping refugees apply for UK work permits

I am announcing that those displaced by conflict and violence will now also be able to benefit from access to our global points-based immigration system. To enable skilled displaced people who have had to flee their homes to come to the UK safely and ...

20th July 2021 By

Briefing: how to apply for a student sponsor licence

International students are worth billions to the UK economy in higher education fees and indirect expenditure, benefitting local communities financially as well as enriching them in non-economic terms. Being able to attract overseas students is crucia ...

21st June 2021 By

Job ad: corporate immigration specialist, ebl miller rosenfalck

Corporate immigration specialist  An exciting opportunity has arisen for an experienced corporate immigration solicitor to join our immigration team at ebl miller rosenfalck.  International is in our firm’s DNA. We act for a broad range of clients ...

14th June 2021 By

Illegal working checks must adapt to the work-from-home age

All being well, the government’s advice to work from home should be lifted from 21 June. With offices filling up, and city streets bustling, normal working life is already starting to resume. But remote working patterns are clearly popular with work ...

1st June 2021 By

New Plan for Immigration 2: Electronic Boogaloo

The Home Office published a New Plan for Immigration “strategy statement” earlier today. It is mostly about legal immigration and economic migrants, as opposed to the New Plan for Immigration document published in March that focused on ill ...

24th May 2021 By

£100 million investment visa loan scheme ruled legal after all

A £100 million scheme for loaning migrants the money for an Investor visa was legal after all, the Court of Appeal has ruled. The case is R (Wang & Anor) v Secretary of State for the Home Department [2021] EWCA Civ 679. It overturned a previous U ...

12th May 2021 By

The UK-India migration deal

The UK and India signed a non-binding agreement on migration this week. The basic ingredients are to beef up cooperation on removing unauthorised migrants in exchange for a minor liberalisation on youth mobility-type visas and some warm words on encou ...

7th May 2021 By

Sponsor licence inspection visits back on

UK Visas and Immigration (UKVI) has confirmed that with lockdown easing, it is resuming sponsor licence compliance visits. Initial visits will be focused on organisations that have a pending sponsor licence application. Confirming the resumption of vi ...

12th April 2021 By

How to apply for a Skilled Worker sponsor licence

With EU free movement fading into memory, the main visa route available for non British and Irish nationals wanting to work in the UK is now the Skilled Worker visa.  The Skilled Worker visa is a sponsorship system: a foreign worker cannot simply app ...

7th April 2021 By

New statement of changes to the Immigration Rules: HC 1248

The Home Office published a new statement of changes to the Immigration Rules today. It is 108 pages long and the changes take effect on 6 April 2021 unless otherwise specified. Most relate to the work and study routes branded as the Points Based Immi ...

4th March 2021 By

Immigration measures in the 2021 Budget

Among the key points highlighted by the Treasury from today’s Budget is “reforms to the immigration system [to] help ambitious UK businesses attract the brightest and best international talent”. As a policy prescription, this is up t ...

3rd March 2021 By

How to apply for the UK’s Global Talent visa

The UK’s Global Talent visa went live in February 2020, replacing the Tier 1 (Exceptional Talent) route. Far more flexible than its predecessor, and with no cap on the number of people who can enter with this visa (why restrict talent!), it has fast ...

2nd March 2021 By

Musicians’ tour visa fears are overstated

No doubt you will have read about the mudslinging between the UK and EU over the lack of a visa-free deal for touring musicians and entertainers. This has been retweeted and attacked by seemingly every artist you’ve heard of, and even been debated i ...

28th January 2021 By

Procedural unfairness arguments unlikely to help in Points Based System refusals

The Court of Appeal has held that there is no right based on procedural fairness for a migrant to be offered a chance to cure deficiencies in his or her Points Based System application before it is refused. The case is R (Taj) v Secretary of State for ...

25th January 2021 By

Five top tips on UK Investor visas

Building on CJ’s briefing on the Tier 1 (Investor) route last year, this article contains five top tips for the preparation of an Investor application. Before we begin, it is worth recalling the relevant Immigration Rules on entry clearance for Inve ...

25th January 2021 By

How to apply for a frontier worker permit

The end of free movement has, for better or worse, given rise to a number of new visa routes catering for workers looking to establish themselves in the UK. Joining their ranks is the frontier worker permit which opened to new applicants on 10 Decembe ...

18th January 2021 By

New statement of changes to the Immigration Rules: CP 361

A new statement of changes to the Immigration Rules was published on 31 December 2020 and took effect at 11pm that night. (We weren’t working at the time, for some reason, so do excuse the delay in bringing you this summary). It is short enough ...

5th January 2021 By

How new visa rules on invalidity will create more overstayers

The Home Office recently introduced a set of new validity requirements for visa applications under the Points Based Immigration System, such as the Skilled Worker route. This is significant because an invalid application doesn’t extend your permissi ...

23rd December 2020 By

Settlement as a Skilled Worker – what you need to know

Since 1 December 2020, migrants who would previously have applied for settlement in the UK (aka “indefinite leave to remain”) under the Tier 2 (General) route now need to apply under the new Skilled Worker route. In this article we explain ...

10th December 2020 By

How to apply for a Skilled Worker visa

The Skilled Worker visa is the main work route under the Points Based Immigration System. It was introduced on 1 December 2020, replacing a visa called Tier 2 (General). Joanna has previously explained the legal requirements for this visa. For example ...

4th December 2020 By

A very short introduction to the new Points Based Immigration System

The new Points Based Immigration System — replacing the old Points Based System that was introduced in 2008 — went live yesterday. The government is hailing it as a “simple, effective and flexible system”, although there are ea ...

2nd December 2020 By

Briefing: what is the English language requirement?

The English language requirement can be generously viewed as the Home Office’s response to the biblical Tower of Babel story: society is undermined by its people’s inability to speak the same language. But as anyone who has ever had the misfortune ...

1st December 2020 By

Employers handed 246 pages of guidance on new worker sponsorship system

The UK’s new immigration system is hurtling towards us at a rate of knots. As of 1 January 2021, newly arrived EU citizens coming to work in the UK are likely to need to be sponsored for a visa by their employer.  If you read the Home Office ma ...

20th November 2020 By

No procedural unfairness in refusing work visa where sponsor doesn’t engage

In the recent case of Topadar v Secretary of State for the Home Department [2020] EWCA Civ 1525 the Court of Appeal considered two questions: At what point is an immigration application decided by the Home Office? Is it procedurally unfair for the Hom ...

18th November 2020 By

Government ignores its own experts to sever fishing industry lifeline

The Home Office has decided not to take forward the recommendations for a new Shortage Occupation List made by the Migration Advisory Committee (MAC) in September. This has caused concern in many sectors, not least the fishing industry, which would ha ...

16th November 2020 By
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