Immigration | 17 November 2017

In the landmark decision of Toufik Lounes v Secretary of State for the Home Department (C‑165/16), the European Court of Justice (ECJ) has held that an EEA national who exercises free movement in another member state, and who later naturalises in that country and retains their original nationality, continues to enjoy the rights afforded under the Treaty of the Functioning of the European Union (TFEU). Further, that qualifying family members also continue to derive the same rights through that EEA national, including the right of residence. [Continue Reading]

Immigration | 10 November 2017

On 7 November 2017, the UK government provided the European Commission with a ‘technical document’ with the aim of further clarifying its proposals in respect of post-Brexit citizenship rights. The note aims to offer reassurance to EU citizens and their family members by setting out further details of how a new ‘settled status’ scheme will operate in practice.

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Brexit | 25 October 2017

The recent Government policy document leaked and published by The Guardian newspaper has given an indication of the post-Brexit immigration strategy. Despite not representing formal policy, given its unofficial status and the fact that the Government has yet to hear views from numerous stakeholders including the Migration Advisory Committee (MAC), current Government thinking is represented within the document, including the two year “implementation period” which has been increasingly discussed recently.

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Immigration | 07 August 2017

A new statement of changes to the UK Immigration Rules was presented to Parliament on 20 July 2017, to implement changes to the family Rules under Appendix FM following the Supreme Court judgment in MM (Lebanon) & ors v the Secretary for the Home Department [2017]. In particular, the statement of changes inserts new general provisions for meeting the Minimum Income Requirement (MIR) for these applications. MM (Lebanon) & ors challenged the compatibility of the requirement with the rights protected by the European Convention on Human Rights (ECHR), specifically Articles 8 (Private & Family Life), 12 (To Marry and Found a Family) and 14 (Prohibition of Discrimination). The case also contended that the Rules failed to incorporate the Secretary of State’s duty to have regard to the need to safeguard and promote the welfare of children when making decisions that affect them (s55 of the Borders, Citizenship and Immigration Act (BCIA) 2009).

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Immigration | 06 July 2017

On Thursday 23 June 2016, the people of the United Kingdom voted for a British exit (Brexit) from the European Union in a historic referendum. Almost exactly one year later, on 26 June 2017, the UK government published its proposals to ‘Safeguard the position of EU citizens living in the UK and UK nationals living in the EU’. [Continue Reading]

Immigration | 18 May 2017

Following the referendum on 23 June 2016, the UK public voted to leave the European Union. The subsequent political and media storm that ensued focused on what shape the exit deal would take including when and how article 50 of the Treaty on European Union 2009 would be triggered. Nine months after the UK voted to leave the European Union, prime minister Theresa May formally triggered Article 50. The media attention now has turned to focus on the UK’s negotiations with the EU.

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Immigration | 12 May 2017

Extensive changes have recently been made to UK immigration laws and more are scheduled for implementation in the near future. It is an almost constantly reviewed area of law, but can there be too many changes or does it depend on the kind of changes being introduced? Immigration in the UK has always been a talking point and continues to be a hot topic, particularly with the forthcoming Brexit negotiations, and there seems to be an unending pursuit for the ‘perfect’ balance between migrant quantity and quality. Is it possible to preserve the benefits of migration while simultaneously introducing restrictions and constant modifications? [Continue Reading]

Immigration | 24 January 2017

In March 2016, the Home Office announced that there would be two phases of changes to the Tier 2 sponsorship regime following a review of the category published by the Migration Advisory Committee (MAC) on 24 March 2016. The first of the phases had been due in autumn 2016. On 3 November 2016, the Home Office finally published its Statement of Changes. Together with the expected changes to the Tier 2 category, a number of other significant changes to the Immigration Rules were also announced and came into effect on 24 November 2016. [Continue Reading]

Immigration | 18 November 2016

‘Our future will always be written in part by immigrants’ Hillary Clinton

Immigration was a prominent and highly charged topic of the 2016 presidential election. Hillary Clinton acknowledged that the US immigration system was broken and had promised to pass comprehensive reforms to strengthen the economy and to offer a path to full and equal citizenship to families that have been separated under the current legislation.  She promised to uphold President Obama’s executive actions, including DACA (Deferred Action for Childhood Arrivals) and DAPA (Deferred Action for Parents of Americans) that would grant relief from the threat of deportation to thousands of long-term residents in the US, mainly from Latin America. [Continue Reading]

Immigration | 20 October 2016

Following the result of 23 June 2016 Brexit referendum, many British citizens are concerned with what potential travel restrictions and immigration regulations may be implemented when travelling to EU countries after the UK leaves the EU.

A number of potential scenarios have been identified. [Continue Reading]