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The UK’s future skills-based immigration system

The Government has published its guidance on the future of the UKVI's new reformed immigration system: During the Implementation Period, Home Office will implement the EU Settlement Scheme. This gives EU citizens already here, and also those who arrive in the UK during the Implementation Period, the opportunity to secure their future residence in the UK. The UK has agreed with the EU on rights for EU citizens already living in the UK and UK nationals living in the EU, to enable them to carry on with their lives broadly as now. The Government is finalising arrangements with negotiating with European Free Trade Association (EFTA) States – Norway, Iceland, Liechtenstein and Switzerland – to bring about similar arrangements for their citizens. The Government has made clear that the CTA and associated rights between the UK, Ireland and the Crown Dependencies will be unaffected by the UK’s exit. Irish and British citizens will continue to enjoy the freedom to travel within the CTA without the need for immigration controls or residence/work permits. Irish citizens do not need to obtain settled status in the UK. The UK will leave the EU on 29 March 2019. There will be an Implementation Period, planned to...

KO (Nigeria) [2018] UKSC 53 and Rhuppiah [2018] UKSC 58

The case of KO (Nigeria) [2018] UKSC 53 and Rhuppiah [2018] UKSC 58 plays an important role towards Tribunal's decision, whether a removal direction is lawful in line with Article 8 ECHR. By the Immigration Act 2014, Parliament introduced Part 5A to the Nationality, Immigration and Asylum Act 2002 which seeks to direct courts and tribunals as to how to conduct this balancing exercise. KO (Nigeria) and Rhuppiah are the first cases in which the Supreme Court has had to consider these provisions. In doing so, the Supreme Court has largely continued to narrow the scope of protection provided for migrants in the UK by Article 8. Rhuppiah [2018] UKSC 58 concerned s 117B(3) and (5). Mrs Rhuppiah, a Tanzanian national, entered the UK in 1997 with leave to remain for 3 months in 1997. She was granted various other periods of leave to remain, although sometimes with breaks between her visas during which time she was in the UK unlawfully. While studying at college, Mrs Rhuppiah met Ms Charles who suffers from a gravely debilitating illness. Mrs Rhuppiah lives with Ms Charles and provides care gratuitously to her. Mrs Rhuppiah's leave to remain expired in 2009 and she had not been...

Tier 1 ILR and paragraph 322(5) of the Immigration Rules

The case of R (Khan) v SSHD (Dishonesty, Tax Return, Paragraph 322(5)) [2018] UKUT 384 (IAC) (3 May 2018) is worth to have a look at. It set out principles that Secretary of State failed to consider when deciding on applications made by Tier 1 migrants. In Royal Brunei Airlines v Tan [1995] UKPC 4 Lord Nicholls said that "carelessness is not dishonesty" and thus the refusal was arguably irrational and unlawful. The Supreme Court approved of this statement in Ivey v Genting Casino [2017] UKSC 67. The Tribunal noted that in response to the applicant's reliance on the decision in Sagar Arun Samant [2017] UKAITUR JR65462016 (discussed here), the Home Office produced a list of cases where applicants had "jumped on the band wagon" but the Tribunal had rejected any evidence blaming the accountants. Very clear examples of this point were found in Kamal [2017] UKAITUR JR114172016, Parveen and Saleem [2017] UKAITUR JR94402016 and other cases.

Safi and others (permission to appeal decisions) [2018] UKUT 00388 (IAC)

Key points on the case (1) It is essential for a judge who is granting permission to appeal only on limited grounds to say so, in terms, in the section of the standard form document that contains the decision, as opposed to the reasons for the decision. (2) It is likely to be only in very exceptional circumstances that the Upper Tribunal will be persuaded to entertain a submission that a decision which, on its face, grants permission to appeal without express limitation is to be construed as anything other than a grant of permission on all of the grounds accompanying the application for permission, regardless of what might be said in the reasons for decision section of the document. D. Procedure Rules 11.     Rule 34 of the Tribunal Procedure (First-tier Tribunal) (Immigration & Asylum Chamber) Rules 2014 provides as follows:- "Tribunal's consideration of an application for permission to appeal to the Upper Tribunal 34.—(1) On receiving an application for permission to appeal the Tribunal must first consider whether to review the decision in accordance with rule 35. (2) If the Tribunal decides not to review the decision, or reviews the decision and decides to take no action in relation...

Tier 1 changes and other planned changes

New Statement of Changes on the Immigration Rules being planned in December 2018, which should be implemented post Jan 2019. Some of the key points to take from the announcement is as follows: The Tier 1 Investor route is likely to be suspended, so that new changes can be planned by UKVI. The current policy and rules on the Tier 1 Investor route can be found here: https://icslegal.com/tier1-investors.php. Our understanding following the Immigration Minister's statement is that the Tier 1 Investor route is currently being used by organised crime and money laundering. The current Tier 1 Entrepreneur visa is being replaced with the new "Innovator" route, which would bring forward new changes and requirements for those seeking to set up or buy a UK based business. Nokes' full written statement to the Commons is below: "My rt hon Friend, the Home Secretary, will shortly be laying before the House a Statement of Changes in Immigration Rules. "The Government is clear that entrepreneurs play a key role in creating jobs and driving economic growth, which is vital to the prosperity of the UK. In June of this year, we announced a new Start-up visa route. This will build upon the successes...