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  • Welcoming Supreme Court appeal in minimum income requirement

    Posted on 22nd February 2017 by admintremont

    In the judgment given today in MM (Lebanon) and others v Secretary of State for the Home Department [2017] UKSC 10, while the Supreme Court has decided dismiss the challenge to the validity of the rules on minimum income threshold of £18,600 per annum for non EEA spouses court states that the current rules and guidance do not address the exceptional circumstances where article 8 of the European Convention on Human Rights requires entry to be granted where the minimum threshold is not met. The court concluded

    rules fail unlawfully to give effect to the duty of the Secretary of State in respect of the welfare of children under section 55 of the 2009 Act although the validity of the rule is unaffected.

    Merry Christmas and a Happy New Year to all of our clients at Tremont Midwest!

    Posted on 23rd December 2016 by admintremont

    Our opening hours for the festive period are that of the following;

     

    Friday 23rd December 2016: 9am – 1pm
    Monday 26th December 2016: CLOSED
    Tuesday 27th December 2016: CLOSED
    Wednesday 28th December 2016: 9am – 4pm
    Thursday 29th December 2016: 9am – 4pm
    Friday 30th December 2016: 9am – 1pm
    Monday 2nd January 2017: CLOSED

    Tuesday 3rd January 2017: 9am – 5:30pm

    New Statement of Changes to the Immigration Rules HC667 

    Posted on 7th November 2016 by admintremont

    On the 3rd November 2016, the New Statement of Changes to the Immigration Rules HC667 were laid out.

    Although the document looks quite big, there aren’t as many extensive changes as appears.

     

    Changes to Tier 2 Visas:

     

    (to come into effect on or after the 24th November 2016 – to all new certificates of sponsorship assigned)

    • Tier 2 (general) Salary threshold for experienced workers is increased, as well as the Tier 2 (Intra-Company Transfer) salary threshold for short term staff;
    • Tier 2 (Intra-company) graduate trainee salary Threshold reduced, but increased the number of places to 20 per company per year.
    • Tier 2 (Intra-company Transfer skills sub-category has been closed.

     

    Changes to Tier 4 Visas:

     

    • Minor adjustments such as qualifications needed etc.

    English Language requirement:

     

    • From 1st May 2017, partners and parents who are applying for extension of their visa after 2.5 years in the UK on a 5-year route to settlement under the FM (Family member) application will have to be able to pass the English Language requirement at level A2 of the Common European Framework of Reference for Languages.

     

    The major change

     

    The biggest change is the abolition of the 28 days’ period for overstay. A new paragraph 39(e) explains this by stating that if the application is made within 14 days of the overstay, and the SSHD believe there is good enough reason for this, or the application previous was made in the relevant time period and the appeal is in 14 days of;

    1. The refusal of the previous application for leave;
    2. The expiry of any leave extended by 3(c) of the Immigration Act 1971;
    • The expiry of the time-limit for making an in time application
    1. An administrative review or appeal lapsing, being concluded, or withdrawn/abandoned.

    We are yet to see what the “good reason” is, however we are awaiting further guidelines as to how the Home Office will explain this.

    Article 50 High Court Decision !

    Posted on 4th November 2016 by admintremont

    Three senior Judges ruled yesterday (3rd November 2016) that the Government could not go ahead triggering the new Article 50 of the Treaty of Lisbon, without consulting with Parliament first. This means consulting with both MP’s, the House of Commons and the House of Lords.

     

    Article 50, when triggered, will mean the UK withdrawing from the EU.

     

    What is Article 50?

     

    Article 50 of the Treaty of Lisbon requires any country which is in the EU to give notice of leaving it. Once notice is given, this means that Article 50 is triggered and that the EU will try to negotiate a ‘withdrawal agreement’ with that country. Here they will negotiate when the country can leave the EU, as well as make other agreements such as movements of goods etc.

     

    During this negotiation period, which will last 2 years, the UK will stay in the EU, and still abide by its rules. The only thing that the UK will not participate in will be the internal EU decisions or the decisions on the UKs withdrawal.

     

    So what happens now?

     

    The Government has already announced that it will appeal the High Court’s decision to the Supreme Court, where it is due to be heard on or around the 7th December 2016 by 11 judges.

     

    As standing, this means that MPs have the choice to either approve the trigger of Article 50, or reject or pass it with amendments. As a large number of MPs were against the leaving of the EU, this could be a big change from how the Government expected Brexit to plan out.

    SSHD Appeal Fails at Court of Appeal on TOEIC Matter !

    Posted on 27th October 2016 by admintremont

    Great news for TOEIC cases with similar grounds !

     

    On the 25th October 2016, the Court of Appeal dismissed the Home Secretary’s appeal in the case of Quadir/SM. This affected as many as 30,000 students, where the Home Secretary alleged that they had fraudulently obtained their English Test Certificate (TOEIC Certificate), wrongly detaining and removing as many as 1000 people.

     

    Consequently, today the case was dismissed by the Upper Tribunal as being ‘fundamentally misconceived.’

     

    People who have been affected in a matter similar to these issues, or know someone who is, then now would be an appropriate time for you to consider the options you have, due to this new decision.

     

    A further post will follow once the decision has been further reviewed.

    New Website Launched

    Posted on 30th July 2016 by admintremont

    Welcome to Tremont Midwest Solicitors and our new Website. We hope the new design and interface helps visitors find some initial information quickly and easily. So we look forward to hearing from you with your specific legal matter.

    Read more

    Immigration Lawyers Now in Marble Arch London W1

    Posted on 25th April 2016 by admintremont

    Announcing our new west end offices at 42 Upper Berkeley Street, Marble Arch, London W1H 5PW London giving even easier access to our immigration solicitors and all other legal services to existing and new clients who are located in Central London. Whether you need to meet our lawyers in London for business or personal matters, we can meet with you in Marble Arch now as well as our other offices at 29 Kingston Road, London SW19 1JX. If you work in central London and wish to drop in during your lunch hour we can arrange an appointment for you to visit our lawyers in all legal departments Immigration, Property, Commercial Conveyancing, Wills & Probate. Also if you are struggling to leave early from work or there are other reasons that you cannot be available to meet a solicitor in person between 9.30 am -5.30 pm we can arrange an appointment outside of normal working hours.

     

    Make An Appointment

     

    Immigration Solicitors in London – Tremont Midwest – Another Case Won

    Posted on 18th June 2014 by admintremont

    We received a successful appeal determination which is interesting and sensible. The immigration matter was regarding a visa application to vary a visitor visa to enable a parent to stay with their spouse and children in the UK.

     

    This case involved Human Rights and also elements of European Law and the Zambrano Principle. Appellant husband was represented by one of our solicitors in the immigration team, submitted at the First-Tier Tribunal(IAC) that it was this family’s right to have the non-European Parent of the British Citizen Children to be given the rights to live and work where their children are residing.

     

    The immigration judge accepted our submissions and overwhelmingly agreed upon the Human Rights points that were raised by us at the Hearing.

     

    Furthermore, the Judge agreed with our submission that where there are overriding factors in relation to children and Human Rights, it is not necessary to meet the financial requirement as stipulated by the Home Office, simply to show that the family can adequately support themselves.

    Immigration Act 2014 – What you Need to Know

    Posted on 28th March 2014 by admintremont

    On 14th May 2014 the new Immigration Act 2014 gained Royal Assent is now in force. This new Act will affect many different people with different status in the UK.

    The main changes are as follows;

     

    Reduced Rights of Appeal

    The new Immigration Act reduces the amount of people who can appeal against a refusal decision. Previously there were 17 different types of applications where a refusal would carry a Right of Appeal. This number has been reduced to 4.

    In certain Human Rights Decisions the Home Office may grant a right of appeal, however the majority of these will require the applicant to leave the UK before they make an appeal.

     

    This change emphasises how important it is for an application to be complete and full before it is submitted to the Home Office.

    Read more

    UK Immigration Rules – Latest Statement of Changes

    Posted on 13th September 2013 by admintremont

    The latest statement of changes to the Immigration Rules has been published.

     

    These changes to apply to Point-based System and Visitor Rules.

     

    The Home Office announces amendments easing out provisions of accepting specified evidence relating to all Tiers of the Point-based System. This means more types of evidence will be allowed and accepted as further steps expanding evidential flexibility.

     

    Provisions will be amended allowing Applicants to change the category of their visa in the UK i.e. to switch in-country to become a dependant in the Point-Based System and other work routes. New route to be effected during the accreditation period of 2014 Commonwealth Games allowing family members of the participants of the games to visit UK as a Commonwealth Games Family Member Visitor.

     

    Changes will be made to General Visitors and Business Visitors categories allowing them to undertake up to 30 days of recreational, English Language or academic study provided that this is not the main purpose of their visit.

    Change will be made removing the prospective student route. This is because the route has been little used. A “genuine earnings” test being introduced   to the   Tier1 (General) category   as similar tests in Tier 1(Entrepreneur) and Tier 4 (General) Student category.  The test will allow Home Office caseworkers to look in to the   Applicants earnings closely.  Both employed and self- employed applicants under the Tier1 (General) category will have to satisfy the Home Office as to genuineness of their earnings.

     

    The changes of provisions for businesses and workers include, removing the English Language requirement for intra-company transferees; making it easier for graduate entrepreneurs to switch  in to Tier 2;waiving share ownership restrictions for some senior staff; and allowing some students to work as interns under the Tier 5 government authorised exchange scheme.

    Some of the changes will come in to efffect on 1 October 2013 and most of the other on 28 October 2013.

     

    Full details of the changes are on Statement of Changes the Immigration Rules (HC628).