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]

Immigration | 28 September 2016

In July 2012, the UK government made significant changes to the adult dependant relative immigration route which previously fell for consideration under Immigration Rule 317. The new rules contained in Appendix FM significantly changed the criteria for this visa category to the extent that, now, comparatively few applicants are successful and the category is all but closed off. The resulting detrimental effect on British families cannot be underestimated. [Continue Reading]

Immigration | 16 June 2016

As the campaigning continues for the forthcoming Referendum on whether the UK should leave the European Union (EU), immigration (and its links with national security) is one of the central topics in the debates. Aside from the headline grabbing national security concerns (‘Brexit could trigger World War Three warns David Cameron’ in the Mirror on 10 May 2016 was particularly special), particular focus has been placed on the UK’s immigration policy, the consequences of high net migration and the impact of the EU’s freedom of movement provisions. [Continue Reading]

Immigration | 05 May 2016

The Migration Advisory Committee (MAC) is an independent body commissioned to advise the Government on migration issues. On 19 January 2016, the MAC published its greatly anticipated review of the current Tier 2 category under the Points Based System. Specifically, the MAC was tasked to advise the Government on proposed changes designed to address the increasing number of migrants in this category and to prevent industry reliance on such migrants to fill skills shortages. [Continue Reading]