Category Archives: Working

Tier 2 (General) and ‘genuine vacancy’: Court of Appeal holds that irrational PBS refusal should be quashed 

R (Suny) v The Secretary of State for the Home Department [2019] EWCA Civ 1019 (19 June 2019) Irwin and Underhill LJJ recently held that the refusal of leave to remain under Tier 2 (General) to a Bangladeshi migrant could … Continue reading

Posted in Article 8, Court of Appeal, Economy, Immigration Rules, Judicial Review, PBS, Tier 2, UKSC, Working | Tagged , , , , , , | Leave a comment

Analysis of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill

The crushing defeat suffered by Theresa May because of the rejection her Brexit Deal has left the UK in utter chaos. Uncertainty looms large in all spheres of UK life but the government is determined to carry through with Brexit … Continue reading

Posted in Appendix EU, Brexit, Citizens Directive, Citizenship and Nationality, CJEU, European Union, Immigration Rules, Permanent Residence, Students, Windrush, Working | Tagged , , , , , , , | 2 Comments

Scottish Perspectives on Paragraph 322(5) and ILR

Oji (Nigeria) v Secretary of State for the Home Department [2018] CSOH 127 The petitioner, or claimant, Mr Collins Oji was a Nigerian national who applied for indefinite leave to remain (ILR) on 19 February 2016 along with his dependent … Continue reading

Posted in False Statements and Misrepresentations, Immigration Rules, Judicial Review, Nigeria, Paragraph 322(5), PBS, Scotland, Tier 1, Working | Tagged , , , , , , | Leave a comment

Brexit and the UK’s future immigration system

The spectre of crashing out of the EU without a deal is sending jitters across the UK. Events have clearly shown that holding a snap poll on immigration failed to do justice to the true merits of EU membership. Last … Continue reading

Posted in Article 8, Brexit, Citizens Directive, CJEU, ECHR, European Union, Immigration Rules, Politics, Tier 1, Tier 2, UKSC, Windrush, Working | Tagged , , , , , , , , , , , | 2 Comments

Aligning the Immigration Rules with MM (Lebanon)

Judicial review claims known as MM (Lebanon) & Ors [2017] UKSC 10 challenging the Minimum Income Requirements (MIR) under Appendix FM ended in overall disappointment for divided families. Partial success at first instance resulted in momentary jubilation. But ultimately, following … Continue reading

Posted in Appendix FM, Article 8, Children, ECHR, Employment, Families, Human Rights Act, Immigration Rules, Judicial Review, Proportionality, s 55 BCIA, Settlement, UKSC, Working | Tagged , , , , , , | 1 Comment

EU Law and Family Unity: The Opinion in Lounes

Lounes v Secretary of State for the Home Department (C‑165/16 EU:C:2017:407) (30 May 2017) An Algerian, Toufik Lounes entered the UK as a visitor on a six-month visa in January 2010. He overstayed illegally. He formed a relationship with Perla … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Employment, Integration, Permanent Residence, Proportionality, Spouses, Working | Tagged , , , , , | Leave a comment

Free Movement and Deportation: Nonjudicial Restrictions on the Right to Work are Lawful

R (Lauzikas) v Secretary of State for the Home Department [2016] EWHC 3215 (Admin) (16 December 2016) Like countless other European citizens, the Lithuanian claimant, Lauzikas, came to the UK to work the construction industry. He entered the UK in … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Deportation, Detention, ECHR, Employment, European Union, Human Rights Act, Immigration Act 2014, Notices, Proportionality, UKSC, Working | Tagged , , , , , , , , , | Leave a comment

The Tier 2 (General) sponsorship licence interview

The situation in relation to sponsoring migrants to work in the UK is quite tense and the government seems hell-bent on marching on with its mad cap. Although the government has expressed its disregard for the law I just wanted to … Continue reading

Posted in PBS, Tier 2, UKBA, Working | Tagged , , | Leave a comment

Government’s response to lost PBS review

The government has already started to whip up its rhetoric by talking tough in the face of its defeat in the High Court yesterday. Immigration Minister Damian Green has said that the “judgment will have no impact on the permanent … Continue reading

Posted in Immigration Cap, Immigration Rules, PBS, Tier 1, Tier 2, UKBA, Working | Tagged , , , , | Leave a comment

UKBA raids restaurants

Just as I just predicted yesterday restaurants are going to be tackled quite aggressively by the UKBA post the agency’s revised summary guidance announcement (and of course there’s the infamous immigration cap). Loads more arrests will follow no doubt. But these are … Continue reading

Posted in Business, Enforcement, Immigration Cap, Immigration Law, Working | Tagged , , | Leave a comment

Agency publishes summary guidance for employers

There is so much illegal working in the UK that it really is unbelievable. And rather than do anything to enforce the law according to the standards which are safe, all the UKBA can do is issue guideline upon guideline … Continue reading

Posted in Article 8, Employment, Immigration Rules, Tier 1, Tier 2, UKBA, Uncategorized, Working | Tagged , , , , | Leave a comment

New UKBA fees

From  Monday 22 November the UKBA will introduce new application fees for applications for entry clearance (0verseas) and further leave to remain (in country)  for work, study or other purposes. The Agency is charging fees by setting them above the cost of … Continue reading

Posted in Biometric Cards, Business, Dependants, Economy, Employment, Fees, Immigration Cap, Immigration Law, Immigration Rules, PBS, Post Study Work, Settlement, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , | Leave a comment

Immigration cap faces judicial review challenge

The Coalition government introduced the immigration cap on 28 June 2010. The Joint Council for the Welfare of Immigrants (JCWI) has reported that it will challenge the cap in the High Court by way of JR proceedings. The JCWI’s response to the cap … Continue reading

Posted in Article 8, Business, Dependants, ECHR, Economy, Employment, Immigration Cap, Immigration Law, Immigration Rules, Judicial Review, Overseas Clients, Overseas Workers, Pankina, PBS, Settlement, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , , , | Leave a comment

Tier 1 (General) November limit reached

In July 2010 we witnessed the coalition government’s introduction of a limit on the number of initial applications that the UKBA could issue under Tier 1 (General) of the Points Based System (PBS). The limit will persist until 31 March … Continue reading

Posted in Article 8, Business, Dependants, Downsizing, ECHR, Economy, Employment, Entrepreneurs, Immigration Cap, Immigration Law, Immigration Rules, Overseas Clients, Overseas Workers, PBS, Tier 1, Tier 2, UKBA, Working | Tagged , , , , | Leave a comment

Law Society’s views on the immigration cap

One would have to be quite stubborn and ill advised not to take gravely seriously the opinion of the Law Society of England and Wales (the society) in a legal matter. Yet the government seems determined to do just that. … Continue reading

Posted in Article 8, Dependants, ECHR, Economy, Employment, Immigration Cap, Immigration Law, Immigration Rules, Law Society, Overseas Clients, Overseas Workers, Post Study Work, Settlement, Tier 1, Tier 2, UKBA, Uncategorized, Working | Tagged , , , , , , , , , , | Leave a comment

Home Affairs Committee’s report on immigration cap

The chair of the Home Affairs Committee (HAC) the Rt Hon Keith Vaz MP has raised a multitude of concerns in his report about the Coalition government’s immigration cap. The terms of reference of the HAC were “to examine the expenditure, administration, … Continue reading

Posted in Article 8, Asylum, Business, Citizenship and Nationality, Dependants, Economy, Education, Employment, Entrepreneurs, Immigration Law, Immigration Rules, Overseas Clients, Overseas Workers, PBS, Post Study Work, Settlement, Spouses, Tier 1, Tier 2, Uncategorized, Working | Tagged , , , , , , , , , | Leave a comment

As if settlement applications aren’t hard enough already

Recently the Guardian newspaper reported on an exhibition entitled South Asians making Britain: 1858-1950 which featured a plethora of personalities from the colonies who contributed to Britain’s economy, society and politics. In the 1950s immigration from the Commonwealth was not only … Continue reading

Posted in Article 8, Citizenship and Nationality, Education, Employment, Entrepreneurs, Fees, Immigration Law, Immigration Rules, Karachi, Pakistan, Settlement, UKBA, Working | Tagged , , , , , , , | Leave a comment

UKBA discriminating against Pakistani applicants

It had emerged that the UKBA may be discriminating unlawfully against Pakistanis in favour of applicants for British visas from the emirates of and Abu Dhabi, Bahrain and Dubai. This was unearthed by the UKBA’s chief inspector Mr John Vine. However, the … Continue reading

Posted in ECHR, Education, Employment, Entrepreneurs, Immigration Law, Immigration Rules, Karachi, Overseas Clients, Overseas Workers, Pakistan, UKBA, Working | Tagged , , , , , , , , | Leave a comment

Home secretary signals end of settlement for skilled workers and students

Speaking on future action in relation to immigration policies while addressing the Conservative party conference the home secretary, Theresa May, intimated the government’s intentions to stop the right to permanent settlement for more than 100,000 skilled workers and 320,000 overseas students … Continue reading

Posted in AP (Russia), Article 14, Article 8, Asylum, Citizenship and Nationality, Constitution, Court of Appeal, Dependants, Economy, Education, Employment, Entrepreneurs, Fees, Immigration Law, Immigration Rules, PBS, Post Study Work, Settlement, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , , , , | Leave a comment

Refined criteria and Tier 2 (General) certificate of sponsorship allocations

The stated objective of the Points Based System (PBS) was to simplify the immigration rules by recategorising eighty different immigration routes which were previously open to migrants to enter the UK. However, contrary to the expectation of simplicity, the PBS … Continue reading

Posted in Article 8, Biometric Cards, Business, ECHR, Economy, Employment, Fees, Immigration Law, Immigration Rules, Overseas Workers, PBS, Post Study Work, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , , | Leave a comment