All Articles: Points Based System

What is a UK start-up visa?

From 29 March 2019 the government’s new ‘start-up’ visa finally opened for new applicants. Announced last June, the visa is intended as a replacement to the Tier 1 (Graduate Entrepreneur) route but carries with it the expectation that it will, a ...

11th April 2019 By

Comment: urgent rethink needed on UK’s visa for global entrepreneurs

The Home Office’s new innovator visa went live, in terms of being incorporated into the Immigration Rules, on 29 March 2019. Unfortunately, almost a week on and it’s still anything but live for those hoping to make an application. CJ has been ...

4th April 2019 By

Early warning signs for new innovator visa route as endorsements hard to come by

The government’s flagship new visa for overseas entrepreneurs is facing early problems as it emerges that few of the organisations required to endorse applicants are prepared to do so. Most of the official endorsing bodies for the newly launched ...

4th April 2019 By

Helpful decision on evidential flexibility nevertheless demonstrates failure of Points Based System

Almost as soon as a court has provided substantive guidance on a particular area of immigration law, the law seems to change. So it is in R (Islam) v Secretary of State for the Home Department [2019] EWCA Civ 500. The Court of Appeal in this case take ...

1st April 2019 By

New innovator and start-up visas launch today — but is anybody ready?

The new innovator and start-up visas went live today. They replace the Tier 1 (Entrepreneur) route which is now closed to new applicants, and the Tier 1 (Graduate Entrepreneur) route which will close from 6 July. All applicants for these visas must no ...

29th March 2019 By

No deal planning: Home Office forgets about Scotland

Depending on which pundit you speak to, a no-deal Brexit has either got more likely or less likely over the last couple of weeks. It remains the default if the UK-EU withdrawal agreement is not passed at the third time of asking, and a further extensi ...

26th March 2019 By

Home Office changes tack on “professional sportsperson” definition – but is it enough?

The Home Office amended its definition of a ‘professional sportsperson’ back in January 2019. At the time, I set out why I thought the changes were significant: Why coaching your kid’s football team could breach your visa conditions. Sin ...

19th March 2019 By

New statement of changes to the Immigration Rules: HC 1919

A new statement of changes to the Immigration Rules was published today, 7 March 2019. It is 294 pages long and covers a lot of ground. The main changes are to Tier 1 entrepreneur and investment visas, and to the EU Settlement Scheme. This requir ...

8th March 2019 By

“Fairness” in immigration cases is overrated says Court of Appeal

Bhandari & Anor v Secretary of State for the Home Department [2019] EWCA Civ 129 considered some fairly elderly Upper Tribunal case law on fairness and the Points Based System, and in particular a decision of Mr Justice Blake in Patel (Revocation ...

20th February 2019 By

Government Authorised Exchange: one visa, 60 options

The Tier 5 (Government Authorised Exchange) category of the Immigration Rules is one of the least known of all the UK’s visa options. Following the recent publication of the government’s immigration white paper, much has been said about th ...

12th February 2019 By

Only private schools in the UK to be able to sponsor EU children from 2021

The government recently published information about arrangements for EU citizens who move to the UK after the UK leaves the EU in the event of a no-deal Brexit. The proposals would mean that EU (and EEA) national children who move to the UK between th ...

5th February 2019 By

Why coaching your kid’s football team could breach your visa conditions

For reasons that don’t appear to have been explained anywhere, at least not that I can find, the Home Office has made significant changes to the definition of a professional sportsperson. This is important because a prohibition on performing act ...

18th January 2019 By

Failure to submit specified documents fatal to Tier 1 (Entrepreneur) application

The Court of Appeal has reluctantly but unanimously agreed with the Home Office’s decision to refuse a Tier 1 (Entrepreneur) application for further leave to remain based on a factual issue of specified documents not being submitted. It rejected arg ...

15th January 2019 By

Cara Menjadikan Uang Dengan Bermain Dominoqq

Cara Menjadikan Uang Dengan Bermain Dominoqq! Menjadikan uang yakni fenomena awam yang dipakai seluruh orang sepanjang hidup mereka. Namun orang kerap kali mengaitkan uang dengan metode offline tradisional. Dengan peningkatan pesat dalam pengguna duni ...

9th January 2019 By

The immigration white paper is a charter for the wealthy

There is one, overwhelming, message from the immigration White Paper published on 19 December. It is mentioned in the Foreword by the Prime Minister, and the Foreword from the Secretary of State for the Home Department. The aims of the White Paper are ...

21st December 2018 By

Immigration white paper published

The government has published its plan spelling the end of free movement. A long-awaited white paper on post-Brexit migration proposes that EU workers would in future have to earn a minimum salary in a job requiring A-level qualifications or above to b ...

19th December 2018 By

New statement of changes to the Immigration Rules: HC 1779

A statement of changes to the Immigration Rules was published today, 11 December 2018. The main changes are to introduce the pilot scheme for short-term agricultural workers that was announced earlier this year, and to expand the domestic violence set ...

11th December 2018 By

Home Office confirms chaotic U-turn on suspension of Tier 1 (Investor) visas

The Home Office has rowed back last week’s announcement that the Tier 1 (Investor) route was suspended with near-immediate effect. It was widely reported last Thursday that the route would be closed to new applications from midnight the next day ...

11th December 2018 By

Tier 1 (Entrepreneur) visas to be scrapped in Points Based System shake-up

We expected a full statement of changes to the Immigration Rules to be laid before Parliament yesterday but instead we got a statement about the statement. The immigration minister, Caroline Nokes, gave us a sneak preview of a range of tweaks to the r ...

7th December 2018 By

How easy is it to buy British citizenship?

To go along with the private jet and luxury yacht, the current ‘must-have’ for a discerning multi-millionaire seems to be a range of international passports. The phenomenon of citizenship by investment has emerged over the last few decades an ...

31st October 2018 By

New statement of changes to the Immigration Rules: HC 1534

A new statement of changes to the Immigration Rules was laid on 10 October 2018. There is some very welcome news, including more flexibility given to caseworkers on whether and when they can write to applicants to ask for missing documents. (Whether ...

12th October 2018 By

No second chance for work visa applicants if sponsoring company loses licence

In the case of Pathan & Anor v Secretary of State for the Home Department [2018] EWCA 2103 the Court of Appeal reminds us, once again, of the rigidity and inflexibility of the Points Based System. It is also a good reminder of the purpose and pol ...

4th October 2018 By

10 things we (might) now know about the post-Brexit immigration system

After months of uncertainty we finally have a picture emerging of what the post-Brexit immigration system will look like. We have known for some time that after we leave the EU on 29 March 2019, the plan is to enter a transition period until 31 Decemb ...

3rd October 2018 By

Comment: MAC’s recommendations would create administrative burdens for UK employers

Today’s Migration Advisory Committee recommendations are incredibly significant from a UK employer’s perspective. I can immediately see that a huge number of UK employers are likely to be faced with potentially significant new administrat ...

18th September 2018 By

Migration Advisory Committee: scrap the cap on Tier 2 work visas after Brexit

The Migration Advisory Committee (MAC) has published its long-awaited research into migration from the EU and how it should be managed after Brexit. The report will disappoint advocates of a fairly liberal regime, recommending as it does that if there ...

18th September 2018 By

Migration Advisory Committee recommends “tweaks” to Tier 4 student visa rules

Immigration lawyers helping sponsoring universities navigate the complexities of the Points Based System naturally have an economic interest in overseas students — but then so does the rest of the nation. That is the uncompromising conclusion of ...

11th September 2018 By

Ambiguous changes to entrepreneur visas show why the Immigration Rules need simplifying

As regular readers of this blog will be aware, the Home Office’s latest statement of changes to the Immigration Rules comes into force tomorrow (Friday 6 July 2018). Nath has summarised the various changes being introduced in a previous post. Althou ...

5th July 2018 By
1 2 3 4 5