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Latest Immigration News

Pre-settled status, access to benefits and permission to discrimination (CG v Department for Communities)

The following EU Law news provides comprehensive and up to date legal information on Pre-settled status, access to benefits and permission to discrimination (CG v Department for Communities)

Supreme Court decision on age assessment of asylum seekers (BF (Eritrea) v SSHD)

The following Immigration news provides comprehensive and up to date legal information on Supreme Court decision on age assessment of asylum seekers (BF (Eritrea) v SSHD)

Immigration monthly highlights—July 2021

The following Immigration news provides comprehensive and up to date legal information on Immigration monthly highlights—July 2021

Immigration cases 2021—January to June review

The following Immigration news provides comprehensive and up to date legal information on Immigration cases 2021—January to June review

Featured Immigration content

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...

Checklist—immigration-related requirements on a TUPE transfer

This Checklist gives an overview of the immigration matters that should be considered on a relevant transfer under the Transfer of...

Is the minimum salary requirement for ILR on Tier 2 (General) based on a certain number of working hours per week? Is there a minimum length of time that an applicant has to be earning at that level prior to applying for ILR?

Is the minimum salary requirement for ILR on Tier 2 (General) based on a certain number of working hours per week? Is there a minimum length of time...

Applying for EEA registration certificates and residence cards

Applying for EEA registration certificates and residence cardsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...

Practice notes

Partners of work, investment and study migrants

Partners of work, investment and study migrantsThis Practice Note looks at key considerations in relation to applications by dependent partners of...

19th May

Practice notes

Brexit legislation tracker

Brexit legislation trackerThis Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the...

19th May

Brexit

Practice notes

Partners applying for indefinite leave to remain under Appendix FM: eligibility table

Partners applying for indefinite leave to remain under Appendix FM: eligibility tableThis Practice Note sets out the requirements for applications for...

19th May

Q&As

Where a new employee has an indefinite leave to remain endorsement in their expired passport, would an employer have a statutory excuse against a civil penalty if they obtained a positive verification notice from the employer checking service with a copy of their expired passport? If not, would the employer need to wait until the employee receives their biometric residence permit before they can commence employment?

Where a new employee has an indefinite leave to remain endorsement in their expired passport, would an employer have a statutory excuse against a...

19th May

Practice notes

Changes of law and policy, rights against retrospective legislation, and legitimate expectation

Changes of law and policy, rights against retrospective legislation, and legitimate expectationChanges to immigration law may mean that a person who...

Produced in partnership with Judith Farbey QC of Doughty Street Chambers and Deborah Revill of Lamb Building 19th May

Practice notes

Leave outside the Rules—the Secretary of State’s powers and policies

Leave outside the Rules—the Secretary of State’s powers and policiesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...

Produced in partnership with Ed Mynott 19th May

Practice notes

Immigration judicial review: which decisions can be reviewed and heads of review

Immigration judicial review: which decisions can be reviewed and heads of reviewIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the...

Produced in partnership with Daniel Hayes of D Hayes Public Law Practice 19th May

Most recent Skilled Worker content

Precedents

Skilled Worker—entry clearance—email at beginning of process

Skilled Worker—entry clearance—email at beginning of processDear [APPLICANT],Skilled Worker entry clearance visaWe have been instructed by [SPONSOR]...

Produced in partnership with Hesham Shoeb of Helen Smith Immigration Ltd 4th Aug

Precedents

Clause—repayment of immigration fees

Clause—repayment of immigration fees1Repayment of immigration fees1.1In order to enable you to be lawfully employed in the UK, we agreed to pay the...

3rd Aug

Q&As

If a points-based system (PBS) migrant switches from a Tier 2 category to Tier 1, is that person’s dependant with extant leave as a PBS dependant required to make a new PBS dependant application as a result? Does the answer differ if the PBS migrant switches into other immigration categories?

If a points-based system (PBS) migrant switches from a Tier 2 category to Tier 1, is that person’s dependant with extant leave as a PBS dependant...

Produced in partnership with Greg O'Ceallaigh of Garden Court Chambers 1st Aug

Q&As

If an individual is on a Tier 2 (General) visa, leaves their role, has their leave curtailed to 60 days, and seeks a new sponsored role, can they rely on this 60-day period for the purposes of the continuous and lawful residence requirement for a subsequent application for indefinite leave to remain?

If an individual is on a Tier 2 (General) visa, leaves their role, has their leave curtailed to 60 days, and seeks a new sponsored role, can they rely...

31st Jul

Q&As

Is a Tier 2 (General) migrant (who is not a ‘high earner’) able to hold more than 10% of shares in a company in the same group of the company which sponsors them? Eg a majority stake in a second group company, where that second company would have the option to purchase IP created by the migrant for their role in the sponsoring company? Are there any restrictions on a Tier 2 migrant being a director and shareholder of one group company but an employee of another?

Is a Tier 2 (General) migrant (who is not a ‘high earner’) able to hold more than 10% of shares in a company in the same group of the company which...

Produced in partnership with Gary McIndoe of Latitude Law 31st Jul

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...

Produced in partnership with Nick Nason of Edgewater Legal 31st Jul

Q&As

Can a migrant’s work start date be brought forward after their Certificate of Sponsorship (CoS) has been assigned?

Can a migrant’s work start date be brought forward after their Certificate of Sponsorship (CoS) has been assigned?This answer assumes that the...

31st Jul

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...

Produced in partnership with Nick Nason of Edgewater Legal 31st Jul

Q&As

Can a child of a points-based system migrant apply for settlement with the main applicant parent if the other parent cannot apply for indefinite leave to remain and is instead applying for an extension?

Can a child of a points-based system migrant apply for settlement with the main applicant parent if the other parent cannot apply for indefinite leave...

31st Jul

Q&As

Where an employer intends to sponsor a new hire overseas under the skilled worker route, are there any workarounds in a situation where the new hire has a lengthy notice period (eg more than three months) with their existing employer and does not wish to resign before their visa is granted?

Where an employer intends to sponsor a new hire overseas under the skilled worker route, are there any workarounds in a situation where the new hire...

31st Jul

Q&As

If a Tier 2 (General) migrant has their leave curtailed and their partner is on a dependant visa, can the Tier 2 (General) migrant switch into a dependant visa from inside the UK if the dependant partner is applying for entry clearance as a Tier 2 (General) migrant? Would this apply to children as well where the children are dependants of the one partner and would they need to reapply to be dependants of the other? If so, would the children be able to remain in the UK and then apply from inside the UK if the dependant to Tier 2 visa applicant was successful?

If a Tier 2 (General) migrant has their leave curtailed and their partner is on a dependant visa, can the Tier 2 (General) migrant switch into a...

Produced in partnership with Gary McIndoe of Latitude Law 31st Jul

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?Practice Note: Partners of Points-Based System and...

Produced in partnership with Nick Nason of Edgewater Legal 31st Jul

Q&As

Would the 12-month cooling-off period apply to a family member of a Tier 2 (Intra-Company Transfer) migrant?

Would the 12-month cooling-off period apply to a family member of a Tier 2 (Intra-Company Transfer) migrant?This Q&A considers whether family members...

Produced in partnership with Gary McIndoe of Latitude Law 31st Jul

Q&As

Is the minimum salary requirement for ILR on Tier 2 (General) based on a certain number of working hours per week? Is there a minimum length of time that an applicant has to be earning at that level prior to applying for ILR?

Is the minimum salary requirement for ILR on Tier 2 (General) based on a certain number of working hours per week? Is there a minimum length of time...

Produced in partnership with Gary McIndoe of Latitude Law 31st Jul

Q&As

What notifications must a Tier 2 (General) sponsor make when ceasing to employ a migrant who is changing employer? At what point must the migrant stop working for the Tier 2 (General) sponsor once the notifications have been made?

What notifications must a Tier 2 (General) sponsor make when ceasing to employ a migrant who is changing employer? At what point must the migrant stop...

Produced in partnership with Nicholas Nason of Edgewater Legal 31st Jul

Q&As

Can a sponsored worker continue to work if their Certificate of Sponsorship has expired or their sponsor's licence been revoked? (updated 14 June 2021)

Can a sponsored worker continue to work if their Certificate of Sponsorship has expired or their sponsor's licence been revoked? (updated 14 June...

31st Jul

Q&As

Is it possible for one spouse to apply to come to the UK with entry clearance as a Skilled Worker, and for their child to apply as their dependent child, while the other spouse remains living overseas (eg by giving their consent to the arrangement in a letter)?

Is it possible for one spouse to apply to come to the UK with entry clearance as a Skilled Worker, and for their child to apply as their dependent...

31st Jul

Q&As

Are there any restrictions on a Tier 2 sponsor making a loan to a Tier 2 migrant and deducting loan repayments from their salary? Would this have to be reported?

Are there any restrictions on a Tier 2 sponsor making a loan to a Tier 2 migrant and deducting loan repayments from their salary? Would this have to...

31st Jul

Q&As

Do dependent partners and children of a person applying for a change of employer also need to apply for an extension of stay? What are the relevant forms?

Do dependent partners and children of a person applying for a change of employer also need to apply for an extension of stay? What are the relevant...

Produced in partnership with Gary McIndoe of Latitude Law 31st Jul

Q&As

What are the documentary requirements for a Tier 2 (General) application for indefinite leave to remain in respect of the requirement for continuous residence in the UK, and is there any flexibility to these requirements in circumstances where a previous employer has ceased to trade?

What are the documentary requirements for a Tier 2 (General) application for indefinite leave to remain in respect of the requirement for continuous...

31st Jul

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Skilled Worker

View Immigration by content type:

Latest Immigration News

Pre-settled status, access to benefits and permission to discrimination (CG v Department for Communities)

Supreme Court decision on age assessment of asylum seekers (BF (Eritrea) v SSHD)

Immigration monthly highlights—July 2021

Immigration cases 2021—January to June review

Featured Immigration content

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?

Checklist—immigration-related requirements on a TUPE transfer

Is the minimum salary requirement for ILR on Tier 2 (General) based on a certain number of working hours per week? Is there a minimum length of time that an applicant has to be earning at that level prior to applying for ILR?

Applying for EEA registration certificates and residence cards

Most recent Skilled Worker content

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