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Nick Nason
Nick Nason
Edgewater Legal
Contributions by Edgewater Legal Experts

42

Brexit materials—Migration Advisory Committee report on the impact of EEA migration to the UK
Brexit materials—Migration Advisory Committee report on the impact of EEA migration to the UK
Practice notes

This Practice Note sets out the key findings and recommendations of the final Migration Advisory Committee report on the Impact of EEA migration to the UK after the end of the implementation period.

Brexit materials—the May government’s White Paper
Brexit materials—the May government’s White Paper
Practice notes

This Practice Note sets out the proposals of the Immigration White Paper, outlining the government’s plans for UK immigration after the end of the implementation period.

Deportation
Deportation
Practice notes

This Practice Note outlines when a decision to deport from the UK may be made and the different considerations applicable to foreign criminals, specific nationals and refugees.

A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application?
A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application?
Q&As

Can a person sponsoring their partner under the Immigration Rules, Appendix FM, meet the financial requirement under Category A if they intend to rely on earnings from an overseas company without a valid job offer from the UK?
Can a person sponsoring their partner under the Immigration Rules, Appendix FM, meet the financial requirement under Category A if they intend to rely on earnings from an overseas company without a valid job offer from the UK?
Q&As

Can an applicant with leave to remain switch to a category which is exempt from immigration control (eg diplomat) from within the UK? And when applying for leave to remain under the Turkish worker category, would the requirement of ‘a holder of a work permit allowing you to work in the UK’ include: a migrant with leave under Tiers 2 or 5 of the Points-Based System, and those exempt from Immigration control (eg diplomats)?
Can an applicant with leave to remain switch to a category which is exempt from immigration control (eg diplomat) from within the UK? And when applying for leave to remain under the Turkish worker category, would the requirement of ‘a holder of a work permit allowing you to work in the UK’ include: a migrant with leave under Tiers 2 or 5 of the Points-Based System, and those exempt from Immigration control (eg diplomats)?
Q&As

Can someone remain a sole representative and extend their leave, where there has been a change in group company structure, so that the ‘parent’ company at the time of their initial application for leave as a sole representative is no longer the parent at the time of the extension application, but another group company (who provide the same services) is now the parent?
Can someone remain a sole representative and extend their leave, where there has been a change in group company structure, so that the ‘parent’ company at the time of their initial application for leave as a sole representative is no longer the parent at the time of the extension application, but another group company (who provide the same services) is now the parent?
Q&As

Can someone who has a right to apply for a British passport, but who does not hold one, apply for entry clearance under the Immigration Rules?
Can someone who has a right to apply for a British passport, but who does not hold one, apply for entry clearance under the Immigration Rules?
Q&As

Can, and if so, in what circumstances, a Tier 2 sponsor ask the Home Office to postpone a compliance visit?
Can, and if so, in what circumstances, a Tier 2 sponsor ask the Home Office to postpone a compliance visit?
Q&As

Do the Immigration Rules permit a dependent of a Tier 2 (General) migrant to be self-employed?
Do the Immigration Rules permit a dependent of a Tier 2 (General) migrant to be self-employed?
Q&As

Do the Immigration Rules, Appendix FM permit someone on a fiancé visa to enter the UK with their dependent children?
Do the Immigration Rules, Appendix FM permit someone on a fiancé visa to enter the UK with their dependent children?
Q&As

Do you need to submit a separate VAF4A (Appendix 2) form when making an entry clearance application using the new online form? On what basis can the Home Office request this?
Do you need to submit a separate VAF4A (Appendix 2) form when making an entry clearance application using the new online form? On what basis can the Home Office request this?
Q&As

For the purposes of the maintenance requirements as set out at Appendix C and E of the Immigration Rules, will an applicant be deemed to have met the requirement for ‘a sufficient level of funds’ on a day where the closing balance of a bank account is sufficient, but the balance had dropped below the minimum required amount earlier on the same day?
For the purposes of the maintenance requirements as set out at Appendix C and E of the Immigration Rules, will an applicant be deemed to have met the requirement for ‘a sufficient level of funds’ on a day where the closing balance of a bank account is sufficient, but the balance had dropped below the minimum required amount earlier on the same day?
Q&As

How do the right of work checks apply to group companies, for example who is ultimately responsible to carry out the check? What steps can be implemented to minimise the risk of a civil penalty?
How do the right of work checks apply to group companies, for example who is ultimately responsible to carry out the check? What steps can be implemented to minimise the risk of a civil penalty?
Q&As

If a dependant of a Tier 2 (General) migrant is seriously ill but is currently fully independent and able to complete daily activities, would they be entitled to free National Health Service (NHS) treatment and eligible to enroll to the national kidney transplant programme waiting list and would the NHS charge any extra monies other than an immigration health surcharge?
If a dependant of a Tier 2 (General) migrant is seriously ill but is currently fully independent and able to complete daily activities, would they be entitled to free National Health Service (NHS) treatment and eligible to enroll to the national kidney transplant programme waiting list and would the NHS charge any extra monies other than an immigration health surcharge?
Q&As

If a non-visa national is refused entry at the border, would they be subject to a re-entry ban?
If a non-visa national is refused entry at the border, would they be subject to a re-entry ban?
Q&As

If a sponsor is receiving funds on behalf of a dependent child who is subject to immigration control, does this mean that the dependent is considered as having recourse to public funds?
If a sponsor is receiving funds on behalf of a dependent child who is subject to immigration control, does this mean that the dependent is considered as having recourse to public funds?
Q&As

If an applicant applies for a new Spouse visa (via entry clearance) before their current spouse visa expires, and then they come back to the UK with the new visa, will they still be eligible to apply for indefinite leave to remain based on their current visa and their previous five years in the UK under this category? The applicant for the fresh grant of leave to enter as a spouse is overseas and is unable to travel to the UK.
If an applicant applies for a new Spouse visa (via entry clearance) before their current spouse visa expires, and then they come back to the UK with the new visa, will they still be eligible to apply for indefinite leave to remain based on their current visa and their previous five years in the UK under this category? The applicant for the fresh grant of leave to enter as a spouse is overseas and is unable to travel to the UK.
Q&As

If an applicant leaves the UK after submission of their online application but prior to enrolment of their biometrics, does this impact on their leave under section 3C of the Immigration Act 1971? Is there a risk that the applicant could be served with an invalidity notice after their departure which would result in their previous leave being treated as the end of their immigration permission?
If an applicant leaves the UK after submission of their online application but prior to enrolment of their biometrics, does this impact on their leave under section 3C of the Immigration Act 1971? Is there a risk that the applicant could be served with an invalidity notice after their departure which would result in their previous leave being treated as the end of their immigration permission?
Q&As

If an employer posts a job to comply with the RLMT with the minimum salary level required but then decides to amend the advert to include a salary range (which includes the minimum salary) does the minimum time period for posting the job need to start again (ie the 28 days would need to restart from the date the salary range is posted to comply with the RLMT)?
If an employer posts a job to comply with the RLMT with the minimum salary level required but then decides to amend the advert to include a salary range (which includes the minimum salary) does the minimum time period for posting the job need to start again (ie the 28 days would need to restart from the date the salary range is posted to comply with the RLMT)?
Q&As

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