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Family immigration financial requirement—quick reference checklist

Family immigration financial requirement—quick reference checklist This is a quick reference checklist to assist with calculating whether an applicant will meet the relevant thresholds for eligibility under family immigration routes. In particular, it assists with assessing both the main financial requirement and the adequate maintenance requirement for routes under Appendix FM of the Immigration Rules. Which financial requirement applies? Type of application Financial requirement New application from 11 April 2024 £29,000 Renewal or extension from 11 April 2024 (including fiancés converting to partner) £18,600 (plus applicant child increment*, capped at £29,000) Pending application made before 11 April 2024 £18,600 (plus applicant child increment, no cap) Sponsoring applicant in receipt of a specified benefit or applying on a specified route (eg as a parent) Adequate maintenance based on current income support rates (see below) *The child increment/s, where they apply are as follows: +1 child = +£3,800 for the first child and +£2,400 for each additional child, so eg +1 child = £22,400, +2 children = £24,800, +3 children =...

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Applying as a returning resident

When does indefinite leave lapse by operation of law?People with indefinite leave in the UK:•have no limit on the amount of time they can spend in the UK, and•cannot have conditions attached to their stay, eg their ability to work or claim social security benefits in the UK cannot be restricted for immigration reasons. For information about conditions of leave, see Practice Note: Conditions of permission to enter or stay in the UKHowever, people with indefinite leave still enter and stay in the UK by permission and therefore remain subject to immigration control.Indefinite leave is frequently referred to as settlement, or having settled status or permanent residence in the UK. In this Practice Note, the term 'indefinite leave' will be used to mean leave with no limit on its duration as defined in Immigration Act 1971 (IA 1971). The term ‘settled’, which appears in various places in immigration and nationality law, has two elements in IA 1971. These are: that a settled person is not subject to any restriction on...

Applying for entry clearance as a posted worker [Archived]

ARCHIVED: this Practice Note is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications. For further details, including of the relevant savings and the position of CJEU case law, see Practice Note: What does IP completion day mean for Immigration?. The Practice Note has been retained in archived form for historical interest, because EU law as previously implemented in the UK remains relevant in certain limited situations. For historical versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including immediately prior to revocation, see Legislation.gov.uk. For the ongoing development of EU free movement law in EU Member States, see: Immigration, employment & share incentives (EU Law)—overview.This Practice Note looks at applications for entry clearance as a posted worker under the Vander Elst criteria and similar criteria for Swiss-posted workers. These concern the right of a business entity (or...

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Workers and Temporary Workers sponsor audit—sponsored worker file checklist

Workers and Temporary Workers sponsor audit—sponsored worker file checklist Monitoring immigration status and preventing illegal employment: Document 1 Format of copy (hard copy or electronic) Type of document Which copy pages have been taken?For a passport or travel document this should be:—front cover (if the copy was taken on between 29 February 2008 and 15 May 2014);—any page(s) containing the photograph, name, date of birth, biometric details, expiry date, nationality or signature; and—if not British or Irish, (or European Economic Area (EEA) or Swiss national before 1 July 2021) and their permission is endorsed in their passport, the page with the stamp confirming the holder's current UK immigration status and any conditions of stay. Does this page have a date of entry to the UK by way of an entry stamp? The date of entry must be between the ‘valid from’ and the ‘valid to’ date on their visa.All other relevant types of right to work document should be copied in full,...

Spouses, civil partners and unmarried partners under Appendix FM: grant of entry clearance—information sheet

Spouses, civil partners and unmarried partners under Appendix FM: grant of entry clearance—information sheet You have now been granted entry clearance (a visa) until [insert date] as the partner of a person with [British citizenship OR settled status in the UK OR protection status in the UK OR pre-settled status under Appendix EU]. [Your dependant child[ren] has/have been granted entry clearance in line with you, and what is stated below in relation to you will also apply to them, including the need to access their eVisa account and update it where relevant. You will be able to manage this account for them.] This information sheet outlines some of the key conditions of your stay in the UK as well as your responsibilities to the Home Office. It is important that you understand these conditions. Please do not hesitate to contact us if you have any queries. Please note that while the information below is correct as at today’s date, UK immigration law is subject to regular...

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A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application?

A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application? Immigration Rules, Part 8, para 319C sets out the requirements for partners of Tier 2 (General) migrants when applying for leave to remain. These include that: ‘…(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be genuine and subsisting at the time the application is made. (e) The applicant and the Relevant Points Based System Migrant or Appendix W worker must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicant’s stay in the UK.’ Note that, in relation to an extension of stay, this intention to live together requirement will also have been a requirement for their preceding application for leave to remain/entry clearance in the category....

For Tier 1 (Entrepreneur) extension applications, must the full £200,000 be invested, prior to making an extension application?

For Tier 1 (Entrepreneur) extension applications, must the full £200,000 be invested, prior to making an extension application? Under the Immigration Rules, Part 6A, para 245DD an applicant who holds leave as a Tier 1 (Entrepreneur) migrant can apply to extend their leave in the same category. The deadline to make an extension application is before 6 April 2023. When considering the investment of funds requirement for extension applications, para 245DD(b) states: ‘The applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.’ The Immigration rules, Appendix A, para 37 is relevant for migrants who hold (or have previously held in the last 12 months before the date of application) entry clearance, leave to enter or leave to remain as a Tier 1 (Entrepreneur) migrant. Para 37 refers you to Table 5 in Appendix A. Table 5, in row 1 looks at the investment of funds requirement. It states: ‘The

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Immigration cases July—December 2024 review

Immigration analysis: Adam Pipe, barrister at No 8 Chambers, reviews the key cases from July 2024 to December 2024 for immigration advisers, and explains why they are of interest. The review covers best interests of the child, EU law and dependency, how Article 8 ECHR is treated in entry clearance appeals, leave obtained by deception and long residence, developments on EEA deportation law after Brexit, the content of civil penalty notices, mandatory grounds in sponsor licence revocations, and time limits for appeal where a notice is defective. It also includes the Ramfel case on the need for digital proof of s 3C leave, from June 2024.

Employment weekly highlights—19 December 2024

This edition of Employment weekly highlights includes: (1) a round-up of the key employment law developments in 2024 and what to look out for in 2025, (2) a joint letter from the Presidents of the Employment Tribunals for England & Wales and Scotland on how to approach existing Practice Directions and Presidential Guidance in light of the new procedure rules, (3) two Court of Appeal decisions on the extension of employment tribunal time limits, (4) an EAT decision examining the interplay between regulations 4(7), 4(8) and 4(9) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), (5) a Court of Appeal ruling that claims that migrant workers were abused in Dyson’s Malaysian factories should be heard in Britain, (6) the IRLR Highlights for January 2025, (7) dates for your diary, and (8) other news items of interest to employment practitioners.