Immigration News

An overview of the most material changes in visa and immigration fees proposed for the next financial year with the maximum figures for the next four years, up to 2020: extension of leave to remain, currently charged at £649 is to increase to £811 with the proposed maximum of £1000. Applications for indefinite leave to remain currently charged £1500 will cost £1875 with the proposed maximum of £3250. Fiances and partners of British citizens and persons settled in the UK will be charged entry clearance fee of £1195 in comparison to the current £956.

Immigration (Health Charge) Order 2015 introduces a mandatory NHS surcharge for migrants applying for entry clearance to the UK and for extension of limited leave to remain. The Order has effect from 6 April 2015. The requirement is mandatory independently of whether the migrants have or do not have a private medical insurance and whether

From 6 November 2014, applications for Tier 1 investor visa for new entrants into this category will be subject to a higher investment threshold and restriction on the use of leveraged funds. New provisions have been put in place to control on the origin of funds and to refuse applications where the money had been acquired

From 20 October 2014 Immigration tribunals have the power to make an award of costs against either party in immigration appeals proceedings. The new powers derive from rule 9(2) of the Tribunal Procedure (First Tier Tribunals) (Immigration and Asylum Chamber) Rules 2014 enacted under s. 29 of the Tribunals, Courts and Enforcement Act 2007. Proceedings in

Tier 4 students will be the first to lose the right of appeal as judicial control over the Home Office decisions is being lifted. Other changes will affect Tier 1 investors who will be subject to double investment requirement from 6 November 2014. New powers are vested on caseworkers dealing with Tier 1 and Tier 2 applications as more discretion is granted outside the points scoring requirements

Immigration Act 2014 has amended Nationality Immigration and Asylum Act 2002 introducing a new section “Article 8 ECHR: Public Interest Considerations”. This part of the Act applies where a court or tribunal dealing with an immigration appeal is required to determine whether the decision of the immigration authorities breaches the individual’s right to respect for private and family life under Article 8 ECHR.

Now that landlords and estate agents face potential fines of £3000 per illegal migrant harboured in residential premises, it might be time for them to team up with immigration solicitors and shift the liability on the sturdier shoulders of those with legal training and feisty character. In a written ministerial statement published on 3 September 2014,

Three judgements of the Upper Tribunal address the complicated requirements of the immigration rules in relation to Tier 1 Entrepreneurs. The three cases were heard by the President of the Upper Tribunal, McCloskey J, and the appellants were represented by Ian MacDonald QC. The judgements highlight extreme complexity of the current rules and the need for minute attention to detail when preparing the applications.

The Upper Tribunal rules that Exception EX-1 in the spouse visa rules – the Human rights cushion for those who do not meet the requirements of Appendix FM but cannot enjoy their family life outside Britain – does not extend to holders of UK visitor’s visa.

The Home Office has published a new guidance on the amended EEA Regulations addressing the changes affecting family members of British citizens who had engaged their EU rights by working in another member state of the European Union. The Regulations were amended with effect from 1 January 2014 making it more difficult for family members of UK citizens