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Archive for January, 2015
The Home Office has indicated when it intends to phase in further reforms to the UK immigration appeals system (as per the Immigration Act 2014). These changes have already been phased in for applications made under the Tier 4 category. [ see here ] As of 2 March 2015 it will no longer be possible to appeal a decision to refuse applications under the Tier 1, Tier 2 and Tier 5 categories. As of this date, the main remedy to challenge such refusals will be to request an Administrative Review... Read more »
Posted: 29 January 2015 | Author: Gherson Immigration | Comments (0)
On 8 January 2015 the Tribunal Procedure Committee Secretariat published a statement outlining that the Tribunal Procedure Committee (TPC) refers to the Home Office's policy regarding withdrawal of the underlying decision as being: "only to withdraw the underlying decision where the intention was to grant the application." This reference was based on information provided by the Home Office to the TCP and the TCP relied on this information in their drafting of rule 17(2). However, the Home... Read more »
Posted: 26 January 2015 | Author: Gherson Immigration | Comments (0)
The changes to the Immigration Rules mean that Tier 1 (General) migrants can no longer extend their leave to remain after 5 April 2015 or apply for indefinite leave to remain ("ILR") in the UK after 5 April 2018. When it opened in 2008, the Tier 1 (General) category was announced as a way to attract the best and the brightest to the UK. Shortly after their election, the current government set about closing the Tier 1 (General) route and it was completely closed to new applicants after April... Read more »
Posted: 22 January 2015 | Author: Gherson Immigration | Comments (0)
On 18 December 2014 the European Court Of Justice ('ECJ') gave judgment in the case of Sean Ambrose McCarthy and Others v Secretary of State for the Home Department (Case C-202/13). The ECJ held that that UK's immigration provisions requiring visas for non-EU family members of EU citizens travelling to UK, infringed EU free movement rights arising from the European Directive 2004/38/EC. The applicants, Mr McCarthy who is a dual-national of the UK and the Republic of Ireland, and his Colombian... Read more »
Posted: 22 January 2015 | Author: Gherson Immigration | Comments (0)
In an almost unpublicised move, the Home Office has made amendments to its guidance for assessing good character in nationality applications. The guidance applies to all decisions taken on or after 11 December 2014, and is available here . The requirements to be met for naturalisation are contained in Schedule 1 to the British Nationality Act 1981, and include a requirement that the applicant is of good character. The meaning of 'good character' is not explained in the Act itself but is... Read more »
Posted: 19 January 2015 | Author: Gherson Immigration | Comments (0)
For many years one of the most frequent criticisms of the European Arrest Warrant (EAW) scheme, which governs extradition between EU member states, has been the increasing volume of extradition requests made to the UK for 'trivial' offences. In recent years individuals have faced lengthy extradition proceedings for crimes including 'cycling whilst drunk', 'theft of a chicken' and 'missing payments on a hire purchase agreement'. Until last year there was no formal scope, under the Extradition... Read more »
Posted: 16 January 2015 | Author: Gherson Extradition | Comments (0)
2014 was a year of significant changes for UK immigration law. The year saw the implementation of the Immigration Act 2014 with wide ranging changes to removals, and appeals. However we only saw a mere six Statements of Changes in the Immigration Rules, (a welcome reduction from the eleven we had in 2013). There is no doubt that 2015 will see more changes. Immigration is a hot political topic and will continue to be so in the lead up to the general election. The current Government's rhetoric... Read more »
Posted: 13 January 2015 | Author: Gherson Immigration | Comments (0)
Reminder, Tier 1 General migrants who wish to extend their stay must apply before 6 April 2015 otherwise they will not be able to extend any further. Applications for Indefinite Leave to Remain are accepted until 6 April 2018. Gherson is experienced in preparing and submitting these applications including on a fast track priority basis. Please contact us for further advice. Read more »
Posted: 12 January 2015 | Author: Gherson Immigration | Comments (0)
In late December 2014 Home Secretary Theresa May proposed to implement changes to the Immigration Rules in respect of Tier 4 students. These would require foreign students wishing to switch their course of study or apply for a visa in work categories to return to their country of origin in order to apply for any such type of visa. Under the current Immigration Rules students on courses of 12 months or more are given an extra 4 months on their visas in addition to the duration of their course;... Read more »
Posted: 12 January 2015 | Author: Gherson Immigration | Comments (0)
Charlie joined Gherson at the start of the year, he was previously at Imran Khan and Partners. We wish him every success at Gherson. Read more »
Posted: 09 January 2015 | Author: Gherson Immigration | Comments (0)
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