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Archive for July, 2015

Do Adult "Children" have Rights to Family Life under Article 8?

Do Adult "Children" have Rights to Family Life under Article 8? A recent decision of the Upper Tribunal considered this question in the case of Singh and another v Secretary of State for the Home Department (SSHD) [2015] ECWA Civ 630. Article 8 of the European Convention on Human Rights (ECHR) provides for the right to respect for private and family life. The case concerned two adult brothers from India (aged 24 and 26) who had been refused indefinite leave to remain in the UK. Their... Read more »
Posted: 30 July 2015  |  Author: Gherson Immigration  |  Comments (0)

Appendix I salary increase for Tier 2 (General) & (Sportsperson) Indefinite Leave to Remain - when should I start to worry about the right level of salary?

Appendix I salary increase for Tier 2 (General) & (Sportsperson) Indefinite Leave to Remain - when should I start to worry about the right level of salary? Pay requirements, which the Secretary of State intends to apply to applications for Indefinite Leave to Remain from Tier 2 (General) and Tier 2 (Sportspersons) migrants made on or after 6 April 2016, are now available in the consolidated version under Appendix I of the Immigration Rules. The new pay threshold will be applicable... Read more »
Posted: 29 July 2015  |  Author: Gherson Immigration  |  Comments (0)

Is enough being done for survivors of human trafficking and modern slavery?

Is enough being done for survivors of human trafficking and modern slavery? Recent figures indicate an increase in the number of victims of human trafficking and modern-day slavery in the UK. Yet a recent report from the Human Trafficking Foundation has accused the government of failing to provide adequate protection to individuals who have been trafficked, often leaving them exposed to further exploitation or vulnerability. Discussions around human trafficking and slavery have emphasized... Read more »
Posted: 23 July 2015  |  Author: Gherson Immigration  |  Comments (0)

Gherson Secures Removal of Red Notice for Refugee

Gherson Secures Removal of Red Notice for Refugee We reported in June that INTERPOL announced a new policy with regards to recognised refugees. After months' of continued pressure Gherson are pleased to announce that we have secured the removal of a Red Notice published by INTERPOL in respect of one of our clients, who has been listed on INTERPOL's public site for over six years. The pre-existing policy of maintaining persecutory Red Notices against individuals who had defeated extradition... Read more »
Posted: 21 July 2015  |  Author: Gherson Extradition  |  Comments (0)

Tier 1 applicants will have to produce 10 year criminal record certificates from 1 September 2015

Tier 1 applicants will have to produce criminal record certificates for previous 10 years from 1 September 2015 A major change affecting Tier 1 applicants has been announced by Immigration Minister James Brokenshire in the press here , here and here . Updated policy guidance to this effect was published on 20 July. From 1 September 2015, all Tier 1 Entrepreneur and Investor applicants will be required to produce a criminal record certificate from every country (excluding the UK)... Read more »
Posted: 20 July 2015  |  Author: Gherson Immigration  |  Comments (0)

Asylum seekers to be released after the Government announces suspension of the fast-track detention

Asylum seekers to be released after the Government announces suspension of the fast-track detention Following the Administrative Court's judgment last month (Detention Action v First-tier Tribunal (Immigration and Asylum Chamber) and Others [2015] EWHC 1689 (Admin), also see our recent blog article published by Gherson shortly after the judgment: Administrative court finds asylum fast track procedure unlawful ) when Nicol J declared that the fast-track rules "do incorporate structural... Read more »
Posted: 16 July 2015  |  Author: Gherson Extradition  |  Comments (0)

Changes to Immigration Rules aim to reduce number of non-EU students coming to the UK

Changes to Immigration Rules aim to reduce number of non-EU students coming to the UK The Government has announced changes to the Immigration Rules , which are intended to reduce the number of non-EU nationals to come to the UK to study. Introducing the changes, the Immigration Minister James Brokenshire said that the changes are designed to "reduce net migration and to tackle immigration abuse, whilst ensuring we maintain an excellent offer for students who wish to study at our world-class... Read more »
Posted: 15 July 2015  |  Author: Gherson Immigration  |  Comments (0)

European Immigration Systems Strain Under Political Pressure

European Immigration Systems Strain Under Political Pressure The legal frameworks and systems that mould European approaches to migration have looked strained under political pressure from member states. In late June Hungary was rumoured to have suspended 'Dublin III' a provision designed to ensure that those claiming Asylum within the EU have their applications processed in the first Member State they enter. The news sparked fierce criticism from its neighbours. Frustrated... Read more »
Posted: 09 July 2015  |  Author: Gherson Immigration  |  Comments (0)

Tier 2 Skilled Workers - Restricted Certificate of Sponsorship Limit Reached

Tier 2 Skilled Workers - Restricted Certificate of Sponsorship Limit Reached In 2011 the government implemented a cap on the number of non-EEA migrants who would be able to apply to work and reside in the UK as a Tier 2 (General) migrant, excluding those who receive a salary above £155,300.00, individuals who will be carrying out jobs on the list of shortage occupations and UK graduates who are switching directly into the Tier 2 category. The annual limit is 20,700, which is divided... Read more »
Posted: 09 July 2015  |  Author: Gherson Immigration  |  Comments (0)

"RIGHT TO RENT" SCHEME - FIRST LANDLORD FINED

"RIGHT TO RENT" SCHEME - FIRST LANDLORD FINED The Home Office's "Right to Rent" scheme trial, introduced in the West Midlands on 1 December 2014, has led to a landlord being fined around £2,000. This is the first and only reported penalty that has resulted from the Right to Rent scheme trial which is expected to be implemented nationwide from September 2015. Landlords and letting agents in the West Midlands must check both the nationality and visa status of their tenants, with penalties... Read more »
Posted: 09 July 2015  |  Author: Gherson Immigration  |  Comments (0)

Families divided as thousands of Britons struggle to meet the visa requirements to bring foreign spouses to the UK

Families divided as thousands of Britons struggle to meet the visa requirements to bring foreign spouses to the UK The Minimum Income Requirement introduced by the Government in 2012 means that Britons who want to return home with their husband or wife must provide evidence of an annual income of at least £18,600 or have a minimum of £62,500 in savings, held for six months, if their spouse does not hold an European Economic Area passport. The requirements are even higher... Read more »
Posted: 08 July 2015  |  Author: Gherson Immigration  |  Comments (0)

Court of Appeal quashes £125,000 damages award against Home Office for false imprisonment.

Court of Appeal quashes £125,000 damages award against Home Office for false imprisonment. The Court of Appeal in R (on the application of Radha Naran Patel) v SSHD [2015] EWCA Civ 645 has overturned an Administrative Court award of £125,000 damages against the Home Office to an Indian visitor for false imprisonment. Mrs Patel arrived in the UK in May 2011 with valid entry clearance and a visitor's visa. She was refused leave to enter at immigration control, and detained... Read more »
Posted: 01 July 2015  |  Author: Gherson Immigration  |  Comments (0)
 
 
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