If you have been settled in the United Kingdom now for some time, you may be preparing to apply for naturalisation as a British Citizen. This is an area of immigration fraught with obstacles, which are surmountable if one knows what the Home Office are looking for. This article is written with the intention of setting out the most common reasons for, and how to avoid, refusal.
“[T]his Court sees too many cases in which applicants for leave or their advisers – particularly in cases depending on article 8 outside the Rules – devote their energies to setting out extracts from the case-law rather than to demonstrating a compelling case based on the details of the applicant’s particular circumstances. The latter exercise may require more work, but it is what the Secretary of State, and if necessary the Tribunal, will be more concerned with. Cases of this kind generally turn on their facts, and the applicable law does not require elaborate exposition.” 
Since the sharp economic downturn in 2008, European countries have increasingly turned to Foreign Direct Investment (FDI) to help sustain and develop fragmented economies across the continent. As such, various European countries including Spain, Portugal, Greece, Cyprus and Malta introduced Citizenship by Investment (CIP) programmes to attract this much-needed foreign investment by offering ‘golden visas’ to foreign nationals. These schemes typically involve investment in real estate and government bonds and shares in exchange for residency or citizenship.
Last week the Home Office issued revised guidance surrounding the Tier 1 (Entrepreneur) route for the second time this year. Whilst we covered the earlier changes to this route briefly in a general posting on the rule changes in December , this article will discuss these changes in more detail and also examine the effect of the latest revised guidance.
Amongst the barrage of stories stemming from the current scandal surrounding the Windrush generation, it is worth remarking on what implications may arise with respect to a separate group of those arriving in the UK with a similar right to work and settle, Europeans.
In opinion of the Court of Justice,C 89/17 Secretary of State for the Home Department v Rozanne Banger , Advocate General Bobek held that where an EU citizen returns to his Member State of origin, that Member State must facilitate the entry and residence of the citizen’s non EU partner with whom he has created or strengthened family ties in another Member State. The requirement to facilitate does not confer an automatic residence right but does require the Member State to undertake an extensive examination of the personal circumstances of the non EU citizen and justify any refusal of entry or residence.
The Court of Appeal ruled on 3 conjoined cases in December 2017 where the key question was whether the Zambrano principle had been extended by the CJEU decision of Chavez - Vilchez. Case C-133/15 which found that a third-country national may, as the parent of a minor child who is an EU citizen, rely on a derived right of residence in the EU.
A lack of clarity over what the UK’s post-Brexit immigration policy will look like is causing uncertainty for businesses across the UK and also concern over how any future policy might impact on their workforce, new reports have revealed. The uncertainty is also prompting different interest groups to put forward their own views on what the country’s future immigration system should look like.
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RT @justrightscot: Free event on unaccompanied #asylum seeking #children! Our @AndrewSirel will be speaking on age assessment, alongside a…
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