Art 17(2) of Dublin III and challenge of discretion on public law grounds
R (MA) v SSHD  UKUT (Unreported) (12th April 2017)
On 12th April 2017 the Upper Tribunal Judge Reeds handed down her judgment on R (MA) v SSHD  UKUT (Unreported), a case concerning a failure on part of the Secretary of State to exercise discretion and accept responsibility for assessing MA’s claim and whether such failure can be challenged on public law grounds.
You need to look no further than the Conservative party manifesto to see how tough life could become for HR directors, employers, and migrants if they achieve success on 8th June. And according to all polls and commentators, their victory will be resounding.
A study by an employer backed think-tank has revealed that unless Theresa May’s government accepts at least 200,000 foreign workers each year, the economy could face a Brexit catastrophe.
In accordance with the Asylum and immigration Act 1996, it is the employer’s legal obligation to prevent illegal working in the UK as it is against the law to employ an individual who does not possess the right to work. Employers are therefore expected to undertake the relevant checks on right to work documents for all
The UK Government quietly changed the rules on immigration re-entry bans on 6th April 2017. If you are an overstayer after 6th April 2017, you may be left with as little as 30 days to leave the UK or face a 12-month ban from returning to the country.
Achieving accelerated settlement in the UK is a primary business objective for many Tier 1 Entrepreneur Visa applicants. Whether you are investing your £50,000 or £200,000 in an existing business or launching a start-up, an experienced immigration lawyer can provide you with the best strategy for ensuring you can apply for
If Labour wins the UK elections on 8th June 2017, Skype families may become a thing of the past. Jeremy Corbyn has pledged to scrap the minimum income requirement for spouse visas.
This announcement will be greeted with jubilation by immigration solicitors doing their best to reunite families separated by the minimum income requirement.
Article 8 of the ECHR is a key provision in UK immigration law and one that the best solicitors are familiar with. Because appeals are no longer available for most points-based system immigration applications, appealing under Article 8’s right to private and family life has become one of the only avenues available to achieve a success result in many
The newspapers are reporting that British businesses are struggling to fill vacancies as Brexit starts to bite.
HR directors and business owners are worried about the sharp drop in the number of people applying for roles. Sectors affected most include, technology, social care, engineering, and accounting.
The ACQ Law Awards have named OTS Solicitors, Immigration Law Firm of the year - 2017.
Since 2008, the ACQ Law Awards have been celebrating achievement, innovation and brilliance within the legal sector. The nomination process is independent and the winners are chosen by the profession itself. The awards are designed to highlight work done by legal individuals and departments, especially those who operate at an international level.
We are delighted that Dr Harry Hagopian has agreed to join our growing list of consultants. Harry is a Public International lawyer who has been deeply immersed in the legal & political issues relating to Brexit.
For most busy, creative entrepreneurs, writing a business plan is a necessary evil. Working out your future business plans and how you will achieve them is exciting; spending hours drafting a document is not.
Now that Article 50 has been triggered, HR directors and employers need to navigate the choppy waters of Brexit, or risk facing discrimination claims and reputational damage. The difficulty is that there is currently no clear government policy on the rights of EU nationals currently living and working in the UK
By Najma Ali of OTS Solicitors
British national Toni Stew told the BBC in February that she feels like a single mother, even though she is happily married. She has been married to her Egyptian husband since 2016, but her young son had only seen him a few times. She blamed this on the Spouse Visa finance requirements, which she cannot meet. Because she is caring for her child, she can only work part-time as a sales assistant; her earnings, therefore, fall far short of the £18,600 per annum required to bring a foreign spouse into the UK.
Yesterday afternoon, MPs voted by a margin of 522 votes to 13 to hold a snap election on 8th June 2017.
Both Labour and the Liberal Democrats supported the move.
The Fixed Term Parliament Act allows for an early election if two-thirds of the House agrees.
The reasons for the snap election
Industries such as food production, agriculture, hospitality and manufacturing face being fundamentally being changed forever by Brexit.
By Oshin Shahiean of OTS Solicitors
As of 6th April 2017, some immigration fees are have been increased. Areas that will be impacted the most include:
Dr Navasardyan, OTS Solicitor’s registered European lawyer recently appeared on Sky’s A Different Kind of Woman show, offering expert insights into the rights of EU nationals living in the UK after Brexit.
Yesterday Article 50 was officially triggered. We can now stop talking about ‘if’ and ‘when’ the momentous event happens, that ship has now sailed.
And many EU nationals are already feeling the consequences of Brexit in unexpected ways.
It has been reported today that banks are already denying EU nationals mortgages due to the uncertainty of their residency status.
Tomorrow will mark one of the most significant dates in British history since the Second World War. Theresa May is poised to officially trigger Article 50, with the letter being hand-delivered to EU President, Donald Tusk by Sir Tim Barrow.
EU migrants, awaiting the trigger of Article 50 on Wednesday, received some welcome news yesterday when the Government announced they would be entitled to keep their child benefits to send to families back home.
In news just in – the Government has announced that Article 50 will be triggered on Wednesday, 29th March 2017, just over one week away.
Just over a year ago, our senior partner, Teni Shahiean, appeared on BBC’s Victoria Derbyshire Show to discuss what would happen to EU citizens living in the UK and British citizens living in Europe, if Britain left the EU.
It was March 2016. The EU Referendum had not yet happened. Predictions abounded that Remain would prevail and all this madness would quickly end in time for us all to enjoy a glorious summer.
How wrong we were.
Today the Brexit Bill was given its Royal Assent and is now law. British Prime Minister, Theresa May is expected to trigger Article 50 at the end of this month.
By Dr Harry Hagopian, Consultant Public International Lawyer to OTS Solicitors
Parallelism? Sequentialism? Do they mean much to the reader in terms of the forthcoming Brexit negotiations?
The British and Chinese have a rich and diverse history in each other’s nations. Since the 1800s Chinese nationals have been making the UK their home and today, more Chinese migrants arrive in the UK than from any other country.
The number of EU nationals being detained in the UK has increased fivefold since Theresa May became Home Secretary and then Prime Minister, it has been revealed in the Independent.
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