Breakdown of Settled Status for EU Nationals

Earlier this week, the British Government unveiled its long-awaited proposals for securing the rights of EU nationals who currently live in the UK. Naturally, many EU nationals have questions surrounding the new policy, and immigration solicitors have been inundated with calls from those wanting the best advice as to the next steps to take.

Wednesday, 28 June, 2017
EU Settled Status

Tens of thousands of EEA nationals who have applied for Permanent Residence Cards must apply again to confirm their residency status.

Monday, 26 June, 2017
Immigration law book to show the grounds for Judicial Review

For many migrants on the receiving end of an immigration refusal by UK Visas and immigration, the only recourse is by way of judicial review.  Thanks to the Home Office ending almost all rights of appeal for points-based system applications, except for those on Human Rights grounds,

Monday, 26 June, 2017
Standard Visitor Visa Refused

Summer is here and UK Visas and immigration have experienced their usual influx of applications for the UK Standard Visitor Visa.  Families who have spent the long, dark winter months separated from each other and friends excited about a long-awaited visit have been busy planning for summer visitors from abroad.

Monday, 26 June, 2017
Person shaping heart with hands over UK and EU flag

With Brexit negotiations finally underway, the UK Government appears to finally be making plans to confirm the legal status of the 3 million EU nationals living in the UK.

Wednesday, 21 June, 2017
Stamp for a Representative of an Overseas Business Visa

For foreign businesses looking to launch in the UK market, the Representative of an Overseas Business Visa offers a vehicle to enable a non-EEA national to work in the country.

Expanding into a foreign country is risky for any business; having an experienced employee who understands the UK market and has contacts with suppliers and customers goes a long way to mitigating the associated risks.

Tuesday, 20 June, 2017
London Business People

By Kasia Janucik of OTS Solicitors

Whatever the economic climate, smart businesses are always looking to improve what they do and how they do it.  Business analysts and management consultants provide expertise and knowledge that is not available in-house, allowing Boards to implement changes that will add value and increase profit.

Friday, 16 June, 2017
Supreme Court Gavel

Yesterday, the Supreme Court gave their ruling on R (on the application of Kiarie) v Secretary of State for the Home Department and R (on the application of Byndloss) v Secretary of State for the Home Department [2017] UKSC 42.  The learned judges unanimously allowed the appeal of Mr Kiarie and Mr Byndloss, quashing the certificates issued by the Home Secretary under section 94B of the Nationality, immigration and

Thursday, 15 June, 2017
Human Rights Act Justice Image

The UK has been hit hard with terrorist attacks over the last three months.  First Westminster Bridge, the Manchester Arena and most recently London Bridge.  All in all, 35 people have tragically lost their lives, and many hundreds have been injured. 

Following the latest attack on London Bridge, Prime Minister Theresa May stated she would change Human Rights laws to defeat terrorists if her government is elected on 8th June. 

Monday, 12 June, 2017
British Pound Against Rising Finances

Last week the UK held a general election, which despite considerable loss of seats and overall majority, means the Conservatives will remain in control of the government, for now at least.    If the manifesto on which the Tories campaigned is to be carried through, those wishing to apply for a UK spouse visa need to be aware of the potential implications of an increase in the Minimum Income Threshold and NHS surcharge.

Monday, 12 June, 2017
Houses of Parliament to show hung Parliament

The country woke up to the shocking news this morning that, against the backdrop of Brexit, an increased terrorist threat, and falling economic fortunes, we now have a hung Parliament.

What does a hung parliament mean?

Friday, 09 June, 2017

If you are planning a visit to the UK, whether for yourself or for someone in your family or a staff member you are willing to sponsor, brace yourself. The UK Home Office's latest available statistics show a spike in visit visa refusals in 2016.

While 2.2 million applications for these visas for short-term “general” or business visits were made, which is about the same as in 2015, only 1.9 million were granted in the year to September 2016. That is 300,000 refusals – 41,981 more than a year earlier.

Tuesday, 06 June, 2017
Immigration image illustrating Non-EU residency rights

Late last month, the European Court of Justice (ECJ) Advocate General, Yves Bot, stated residency rules for new nationals of member states who were previously nationals of another EU country should not in principle be stricter than the rules upholding the right of free movement of people in the bloc.

Monday, 05 June, 2017
UK 2017 voting polling station regarding immigration policies

The UK election is less than a week away, and as expected, immigration is a key issue in the main parties’ manifestos.

Monday, 05 June, 2017
Immigration Email Sending Image

From 1st June 2017, it will cost £5.48 per email to email UK Visas and immigration (UKVI) from outside the UK.

The move has left the best immigration lawyers and support groups in shock and furious.

The Home Office has recently outsourced its visa enquiries service to Sitel UK, a subsidiary of French-owned Acticall Sitel Group.

Friday, 02 June, 2017
Man filling in Sponsor Licence Application

When applying for a UK Sponsor Licence to enable you to hire non-EEA migrants, it is imperative that you understand the procedure.  Compliance is a vital part of the UK Sponsor Licence process; failure to follow the correct approach will most like

Thursday, 01 June, 2017

By Christopher McWatters, of Counsel 

Thursday, 25 May, 2017

Understanding the Resident Labour Market Test (RLMT) is a must for HR directors and employers who recruit talent from outside the EEA.  By instructing an experienced immigration solicitor, your organisation has the best chance of conducting an RLMT that is compliant with Home Office regulations.

Monday, 22 May, 2017

Art 17(2) of Dublin III and challenge of discretion on public law grounds
R (MA) v SSHD [2017] UKUT (Unreported) (12th April 2017)

On 12th April 2017 the Upper Tribunal Judge Reeds handed down her judgment on R (MA) v SSHD [2017] 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. 

Monday, 22 May, 2017

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.

It is clear from the language used in the manifesto when discussing immigration that there will be little sympathy given to foreigners wishing to come to the UK, either to work, join family or study.  Consider the below statement:

Monday, 22 May, 2017
Parliament with UK and EU flag

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.

Friday, 19 May, 2017

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

Thursday, 18 May, 2017
Immigration Word Cloud

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.

Thursday, 18 May, 2017

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.

Friday, 12 May, 2017
Immigration Law Book and Gavel

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

Thursday, 11 May, 2017
Business People

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.

Wednesday, 10 May, 2017
The ACQ Law Awards

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.

Friday, 05 May, 2017
Immigration Word Cloud

There are many reasons for people settled in the UK, either with Indefinite Leave to Remain or British Citizenship, to bring their elderly parents to live in their adopted country.

Friday, 05 May, 2017
Dr Harry Hagopian

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.

Friday, 05 May, 2017
Tier 1 Entrepreneur Business Man image

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.

Wednesday, 03 May, 2017
Business People Handshake Recruitment

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.

Thursday, 27 April, 2017

Has Teresa May Been Whispering In Frances Fitzgerald’s Ear?

Tuesday, 25 April, 2017
Man Filling in Application Form

In these precarious political times, there is great comfort in knowing that you have Indefinite Leave to Remain (ILR) if you are an immigrant living in the UK.  With the help of an immigration lawyer who can submit the best application for ILR, mi

Tuesday, 25 April, 2017
British Passport

By Najma Ali of OTS Solicitors

Monday, 24 April, 2017
Business Man at Laptop

Few employers are aware that obtaining a UK Sponsor Licence is only half the battle when it comes to hiring workers on a Tier 2 or Tier 5 work visa.  Meeting regulatory compliance can be challenging and is usually best achieved by instructing an experienced immigration solicitor to advise your HR team.

Friday, 21 April, 2017
Couple holding hands

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.

Thursday, 20 April, 2017
UK Election Polling Box

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

Thursday, 20 April, 2017

Industries such as food production, agriculture, hospitality and manufacturing face being fundamentally being changed forever by Brexit.

Thursday, 13 April, 2017
Brexit EU Handshake image

By Oshin Shahiean of OTS Solicitors

Wednesday, 12 April, 2017

Now that Article 50 has been triggered, many EU nationals are confused about Permanent Residency and how to apply.  With the government giving confusing, ever-changing guidance, it is often down to London’s immigration solicitors to provide EU citizens living in the UK with the best legal advice.

Monday, 10 April, 2017