All Articles: Immigration rules

New statement of changes to the Immigration Rules: HC 813

The long-awaited statement of changes giving us more details on the famous “new Points-Based Immigration System” has now been published. It is over 500 pages long and even the explanatory memorandum, which is usually just a few pages long, ...

22nd October 2020 By

Statement of changes to the Immigration Rules: HC 707 – “new Points-Based Immigration System” rules for students

Is a statement of changes even a statement of changes nowadays if it doesn’t introduce a new appendix to the Immigration Rules? On 10 September 2020, the government laid the first statement of changes of its infamous “new Point-Based Immigration S ...

11th September 2020 By

New statement of changes to the Immigration Rules: CP 232

If you can say one thing about the Home Office, it’s that they have questionable priorities! In the middle of a pandemic, with thousands of migrants not knowing whether or not they will have to leave the UK in just over two weeks, the department ...

15th May 2020 By

Home Office aims to completely rewrite “confusing” Immigration Rules by January 2021

The Home Office has accepted the need to simplify the “complex and confusing” Immigration Rules and says that the work is already underway. In an official response to the Law Commission’s recent report on the subject, the department ...

25th March 2020 By

New statement of changes to the Immigration Rules: HC 120

The government continues to keep us immigration lawyers on our toes, and everyone else completely flummoxed, with yet another statement of changes to the Immigration Rules. Thankfully, many of these changes are welcome as they plug gaps in the EU Sett ...

13th March 2020 By

New statement of changes to the Immigration Rules: HC56, the Global Talent route

The first of no doubt countless statements of changes of 2020 was published yesterday, 30 January 2020.  The main purpose of this set of changes to the Immigration Rules is to introduce the new Global Talent category, announced by the govern ...

31st January 2020 By

If something is required by the Immigration Rules, it must be possible, appeal judges declare

Prior to the closure of the Tier 1 (Entrepreneur) route, the main requirement was evidence that an applicant had access to funds for investment in their proposed venture. The Immigration Rules permitted applicants to rely on their own funds, or altern ...

20th January 2020 By

Law Commission calls for total rewrite of Immigration Rules

The Law Commission’s long-awaited report on Simplification of the Immigration Rules says that rewriting and paring down the “overly complex and unworkable” document would improve legal certainty and transparency for applicants as we ...

14th January 2020 By

New statement of changes to the Immigration Rules: HC 170

Another statement of changes to the Immigration Rules (HC 170) was laid on 24 October 2019. The changes relate to Appendix EU of the Rules and their functioning in a no-deal Brexit scenario. This is somewhat surprising given recent events. Jacob Rees- ...

25th October 2019 By

Why can’t my children join me in the UK?

Earlier this week, the Guardian published the story of Amber Murrey, a US academic who got a job at Oxford as an associate geography professor, but whose two daughters, aged 4 and 9, were refused visas to join her in the UK. The story explains that Ms ...

4th October 2019 By

Welcome and unwelcome rule changes made to EU Settlement Scheme: analysis

Yesterday afternoon the government dropped statement of changes to the Immigration Rules HC 2631. This is a formal change to the Immigration Rules and there is a lot to it: the full version weighs in at 102 pages. We’ll deal with other changes in a ...

10th September 2019 By

What are the UK Immigration Rules on statelessness?

People who do not have citizenship of any country in the world — the “stateless” — can get leave to remain in the UK because they have nowhere else to go. The criteria for this leave are found at Part 14 of the Immigration Rule ...

27th March 2019 By

Refugee family reunion: a user’s guide

This post is intended for refugees (including those with humanitarian protection), their families and their friends trying to understand the rules on refugee family reunion. The requirements to be met are straightforward and simple for children and s ...

20th 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

Immigration Rules must be rewritten, Law Commission says

The Immigration Rules should be redrafted and restructured in order to cut down on complexity, the Law Commission says. Launching a consultation on Simplifying the Immigration Rules today, the influential law reform body proposes major revisions ...

21st January 2019 By

Children of single parents: the sole responsibility and exclusion undesirable tests

Where parents have already or are relocating to the United Kingdom and both parents will end up in the UK (or one parent will and the other is deceased) then the Immigration Rules permit them to bring their children. The main requirements are that the ...

3rd January 2019 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

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

Comment: refugee families suffering domestic violence must get equal treatment

A v Secretary of State for the Home Department [2016] CSIH 38 is an important 2016 decision from the Court of Session in Scotland, the full impact of which has still to be felt. It concerns the Immigration Rules, as they apply to spouses of refugees ...

23rd November 2018 By

Immigration and nationality law for adopted children

Immigration and nationality law as it relates to international adoption is undoubtedly complex and a topic with which only a few practitioners are familiar. There are numerically very few international adoption cases, after all. The inevitable cross o ...

17th 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

Of course an online immigration application is valid, Court of Appeal says

R (Singh) v Secretary of State for the Home Department [2018] EWCA Civ 1669 is about how the transitional provisions in the Immigration Rules apply to online applications which must be supported with further evidence sent later by post. The appellant ...

7th August 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

Tribunal decides on Immigration Rules for overseas adoptions, rescues “feral” child

The case of TY (Overseas Adoptions – Certificates of Eligibility) Jamaica [2018] UKUT 197 (IAC) involves the complex interplay between the Immigration Rules and international adoption law. It is a must-read for anyone involved in applications or ...

28th June 2018 By

The meaning of “residence” for indefinite leave to remain applications

In the case of R (Nesiama & Ors) v Secretary of State for the Home Department [2018] EWCA Civ 1369, the Court of Appeal found that “residence” in the UK means “physical presence”, such that continuous residence in an application for indefi ...

27th June 2018 By

How to apply for a visa as the parent of a child in the UK

The Immigration Rules permit parents living overseas, who have British or settled children living in the UK, to apply for a visa to come to live with them. In this post we will consider the requirements that a parent applying for a visa in this catego ...

25th June 2018 By

New statement of changes to the Immigration Rules: HC1154

On Friday 15 June, a new statement of changes was laid. Rather atypically, many of the changes are welcome news! All changes will come into force on 6 July 2018, although some only apply to applications made after that date. As always, practitioners a ...

18th June 2018 By

Rwandan bishop allegedly involved in genocide wins second settlement appeal

A Church of England bishop accused of committing crimes against humanity during the Rwandan genocide has won an appeal by the Home Office challenging his right to settle in the UK. The case is Secretary of State for the Home Department v Ruhumuliza [ ...

7th June 2018 By

How the Home Office used the NHS to refuse my client a visa

In October 2011 the Home Office amended the Immigration Rules to allow immigration applications to be refused where the NHS had notified the Secretary of State of an outstanding debt of £1,000 or more. In early 2017, this figure was reduced to £500 ...

4th June 2018 By

Satisfying the Immigration Rules enough for Article 8 success

The test for an Article 8 claim to stay in the UK within the Immigration Rules is whether there are “insurmountable obstacles” to continuing family life outside the UK. But even if an applicant does pass this test, there is a further hurdl ...

1st June 2018 By

Owning a Premier League football club, and other permitted business activities for visitors

Chelsea Football Club owner Roman Abramovich, whose Tier 1 Investor visa is apparently subject to processing delays, has reportedly been granted Israeli citizenship. The media coverage of the Russian billionaire’s visa woes heavily implies that ...

31st May 2018 By
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