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returning resident
In the White Paper published this morning, the Government has announced a Plan for Change, introducing some major immigration reforms. It is the intention of the government to start introducing changes in the coming weeks. More dramatic changes, such as earned path to settlement and citizenship, are to be evolved before the end of the...
Illegal entry and good character requirement
Applications for British citizenship made after 10 February 2025 will normally be refused for persons who previously entered the UK illegally. The length of time spent in the UK since illegal entry will not mitigate the offence. “Normally” stands for a very high threshold and many media outlets describe it as a ban on citizenship...
New Minimum salary thresholds
The following changes to the Skilled Worker route are coming into effect on 4 April 2024: The general minimum salary threshold will increase from £26,200 to £38,700 For PhD related employment the general minimum threshold will be £34,830 or 90% of the new going rate For PhD holders in a STEM related subject the general...

Changes to English Language requirements for settlement and naturalisation

The UKBA has published a statement of intent announcing plans to tighten English language requirements for applicants for indefinite leave to remain and naturalisation. From 28 October 2013 applicants for indefinite leave to remain and naturalisation will be required to pass a two stage test which will include the Life in the UK test and

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Right of residence for primary carers of British citizens

A new statutory instrument (SI 2012/2560) amending the EEA Regulations will come into effect on 8 November 2012. The document will incorporate into the Regulations provisions confirming the right of residence in the UK for the primary carers of a British citizen thus giving effect to the ruling of the ECJ in Zambrano. Those who have previously made applications

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“Genuine student” test to be introduced into the Immigration Rules

Yet another statement of changes to the immigration rules has been announced this week. The new rule requires that before Tier 4 visa is granted the Entry Clearance Officer is to be satisfied that he is dealing with a “genuine student”. Students from “low risk” countries will not be affected by this requirement. Others may expect to

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New spouse visa rules from 9 July 2012

From 9 July 2012 family immigration rules are changed. The new rules affect all applications made on or after this date. Those who applied before 9 July, as well as those who are already in the UK as family members of UK residents, are not affected. The new rules set the minimum income requirement of

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EEA Regulations to be amended from 16 July 2012

Changes to Immigration (European Economic Area) Regulations were laid before Parliament on 22 June 2012 and will come into effect on 16 July this year. The Regulations aim to incorporate some rulings of the Court of Justice of the European Union, yet leave behind some of the most far reaching judgments, such as Zambrano – the right of residence

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Dauhoo (EEA Regulations – reg 8(2)) Mauritius [2012] UKUT 79 (IAC)

EEA nationals who are exercising their Treaty right to free movement in the UK (in other words, who are employed, self-employed, studying or enjoying the life of financial independence in the UK) are allowed to bring their non-European national family members with them.  This right is an automatic one for ‘immediate family members’ which includes spouses, children

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Applications turned down as invalid for non-payment of fees may be reinstated on appeal – the case of Basnet in the Upper Tribunal

In the case of Basnet (validity of application – respondent) [2012] UKUT 00113(IAC), the Upper Tribunal has made very helpful comments on the appeal procedure in relation to cases where an application is rejected by the UKBA as invalid for lack of payment and  the right of appeal is disputed. The general rules is that there is no right of appeal

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‘Most exceptional compassionate circumstances’ have to encompass much more than financial hardship

Paragraph 317 of the Immigration Rules provides for circumstances where parents, grandparents or other dependent relatives of a person present and settled in the UK may apply for settlement to join their UK based sponsor. The rule caters for dependent relatives ‘living alone outside the United Kingdom in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled

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