LS Legal News Bulletin
This page is dedicated to recent news, updates and opinions from LS Legal Solicitors, as well as blogs and discussions.We want to know your opinion on various legal issues and we welcome your participation in our debates.
Important changes to counting continuous residence in ILR applications
On 11 January 2018 the Home Office made a significant change to the way they calculate absences and continuous residence in Indefinite Leave to Remain (ILR) applications. These new measures will affect applicants in a number of categories of the Points Based System, including Tier 1…
High Court Upheld Revocation of Sponsor Licence
The High Court has recently upheld the Home Office’s decision to revoke an IT consultancy’s Tier 2 sponsor licence in R (Sri Prathinik Consulting Limited) v Secretary of State for the Home Department [2017] EWHC 3204 (Admin).Tiers 2 and 5: guidance for sponsors (‘the Guidance’) sets out…
Court of Appeal confirms Worker Registration Scheme extension was unlawful
In a decision of 7 November 2017 in the case of the Secretary of State for Work and Pensions v Gubeladze [2017] EWCA Civ 1751, the Court of Appeal unanimously confirmed that the extension of the Worker Registration Scheme from 1 May 2009 to 30 April 2011…
Court of Appeal rules that visa conditions do not have legal effect unless notified in writing
On 15 December 2017 The Court of Appeal delivered its judgment in the case of Anwar v the Secretary of State for the Home Department [2017] EWCA Civ 2134. The Court held that the Home Office can only impose conditions on visa holders if they have notified…
Significant Supreme Court change regarding deprivation of British citizenship
The Supreme Court made a decision on 21 December 2017 in the cases of R (Hysaj and others) v Secretary of State for the Home Department and Bakijasi v Secretary of State for the Home Department that is a good news for people who have had their British citizenship taken…
Dismissal for Failing to Provide Evidence of Right to Work is not a Fair Reason
In the case of Baker v Abellio London Ltd [2017] UKEAT 0250160510, the Employment Appeal Tribunal found that not having documents confirming an employee’s right to work is not in itself a fair reason for dismissal. However, genuinely believing that you need the documents can be…
In-Country Right of Appeal for People Accused of Cheating on the TOEIC English Test
The Court of Appeal decided that out of country appeals are not an appropriate remedy for persons whose visas have been cancelled after being accused by the Home Office of cheating in English language tests in Ahsan & Others v Secretary of State for the Home Department…
Important Changes to the Immigration Rules Announced
A new Statement of Changes in Immigration Rules was published on 8 December 2017. It outlines government’s intention to make few important changes across various immigration categories.The majority of the changes will take effect from 11 January 2018 and LS Legal Solicitors summarised the most important.Changes relating to…
Last Chance to Apply for Settlement under Tier 1 (General) Route
Tier 1 General visa holders route for indefinite leave to remain (ILR) in the UK will be closed on 6 April 2018. This is the last chance to apply for ILR under existing visa category.Although the Tier 1 General visa route is now closed to new…
Extended Family Members Have the Right of Appeal, Again
In 2016, the Upper Tribunal decided in the case of Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC), that there was no right of appeal against a decision by the Home Office to refuse a residence card to the extended family member of…
The UK’s Proposed Procedures for EU Citizens Post Brexit
On 07 November 2017, the Government set out additional details of how EU citizens and their family members can remain in the UK permanently and obtain ‘settled status’ after the UK has left the European Union. Once finalised, it will be set out in a document…
Fairness for Business Expansion of Entrepreneur
The Home Office guidance sheds limited light on the genuine entrepreneur test and how one can satisfy this requirement at the interview stage of the process. So the case of R (on the application of Anjum) v Entry Clearance Officer, Islamabad (entrepreneur – business expansion –…
