Lupins Immigration

LUPINS Immigraton solicitors are one of the ‘most experienced and best immigration lawyers in the UK’

A new statement has been published, exempting both doctors and nurses from the current Tier 2 visa cap. The stated change to the immigration rules will be enforced on Friday 6th July 2018 but it may not be permanent.

Following on from the “Windrush” scandal that has dominated the immigration news is the last few months, the Guardian newspaper has in the last few weeks been highlighting the case of highly skilled migrants seeking indefinite leave to remain in the UK being threatened with removal by the Home Office due to their broad hand use of rule 322(5) of the Immigration Rules to refuse applications on the basis of “bad character”. The Guardian reported that around 1,000 skilled migrants are “wrongly facing deportation”.

During Theresa May’s time as Secretary of State for the Home Department, measures were taken to create a “hostile environment” policy for those who do not have the right to reside in the United Kingdom. The basic principle behind this policy is to force people to prove their right to reside within the United Kingdom. This included renting a home, accessing healthcare or applying for a driving licence. This essentially meant public and private sector workers became enforcers of immigration control.

The government has committed itself to ensuring that EU Citizens currently in the United Kingdom will continue to have the right to reside here.

A UK employer who has a Tier 2 Sponsorship License and wants to recruit a skilled worker from outside the European Economic Area on a Tier 2 (General) visa must normally complete a Resident Labour Market Test – unless the job is exempt.

Almost 50% of decisions that go to appeal in England and Wales are overturned which the law Society argues means that the system is “seriously flawed”. Furthermore the Law Society throws a word of caution in that they argue that this issue needs to be fixed before Brexit takes effect.

In July 2012 the Home Office introduced changes to the immigration rules regarding the requirements to enter the UK as the partner of a person present and settled in this country as part of attempts to control immigration from outside Europe, arguing that the rules would ensure no incoming families would burden the UK taxpayer.

Despite the Home Office assurance that there is “no blanket ban” on education, many young asylum seekers who arrived in the UK as children are being banned from studying “as a matter of course”.

The Court of Appeal in the case of AB v Secretary of State for the Home Department [2018] EWCA Civ 383 had to decide whether under the immigration rules in order for a person to be granted refugee status, that person had to be present in the country at the time that a decision was to be made. The Court of Appeal found that this was a requirement.

The court looked at whether someone running a business in the UK may rely on this as evidence of established private life under Article 8 of the ECHR. The appeal was dismissed but the court’s comments on the issue of private life will be useful for anyone who is in similar circumstances and seeking to rely on Article 8.

In the recent ruling of BS v Secretary of State for the Home Department [2018] EWHC 454 (Admin), it is made clear that the reasonableness of detention should be monitored on a case by case basis.

The Home Office has made provisions in the Immigration Rules to allow recognised refugees or those granted humanitarian protection to bring and/or accept their family members in the United Kingdom.

The Home Office has made provisions in the Immigration Rules to allow recognised refugees or those granted humanitarian protection to bring and/or accept their family members in the United Kingdom.

On the 21 February 2018 over 100 detained women at Yarl’s Wood Immigration Removal Centre (IRC) went on hunger strike in protest of the inhumane conditions and offensive practices of the Home Office.

Earlier this month, the Supreme Court gave a ruling in relation to British citizenship by descent applications by overruling the historic discrimination contained in the historic law regarding British nationality. The ruling means that British citizenship applications may now become open to people who previously were not eligible to apply.


The UK has reached its cap for skilled non-EU workers for the third month in a row, consequently this has created greater staffing crisis for NHS and other employers. There is fear that this is turning into a long-term problem that could dramatically affect the NHS and other healthcare organisations.

The Court of Appeal in the case of PK (Ghana) v Secretary of State for the Home Department [2018] EWCA Civ 98, held that “compelling personal circumstances” for granting limited leave as a victim of trafficking under the SSHD’s guidance had failed to lawfully reflect Article 14(1)(a) of the Council of Europe Convention on Action against Trafficking in Human Beings.

New changes in the immigration rules add an additional obstacle for partners of points based system migrants in obtaining indefinite leave to remain

A research project funded by the Economic and Social Research Council (ESRC) and led by Dr Melanie Griffiths from University of Bristol looked on how precarious immigration status impacts on family life under Article 8 of the European Convention on Human Rights.

On 11th of January 2018 UK Visas and Immigration published changes to the Immigration Rules which, were previously announced by Statement of Changes HC309 on 7th of December 2017.

Edinburgh University is one of twenty-three Universities in the UK and Scotland that have reportedly agreed to take part in a pilot scheme designed to make it easier for foreign students to get visas to study and eventually find permanent work in the United Kingdom.

An EU citizen who, after more than one year, has ceased to work in a self-employed capacity in another Member State because of an absence of work owing to reasons beyond his control retains the status of self-employed person and, consequently, a right to reside in that Member State.

Under new Home Office proposals, all EU citizens resident in Britain will have to apply for inclusion on a “settled status” register if they want to stay in the country after Brexit.

Brandon Lewis announced a new Statement of Changes in Immigration Rules. It is expected that most of the changes will be implemented in the New Year, including those relating to Tier 2 and PBS Dependants.

Some call us persuasive, we call ourselves commanding. Others call us dependable, we call ourselves LUPINS.

LUPINS Supporting you all the way

We will ensure that you have the correct documentation that proves you fulfil all the requirements of the immigration rules.

  • We will advise and assist you in completing the application forms
  • We will hold your hand throughout the application process
  • We will make detailed representations in support of the application setting out clearly why the application should succeed, highlighting the documentation we are submitting with reference to your specific circumstances and how this proves you meet all the requirements.

Put simply, our immigration solicitors will hold your hands throughout the process,
liaising with all relevant government bodies, including UK Visas and Immigration,
British Consulate, overseas agents and where necessary the courts.