Immigration Rules meaning

This quick-reference checklist supports calculating whether an applicant meets the relevant thresholds for eligibility under family immigration routes. It specifically helps with reviewing both the main financial requirement and the adequate maintenance requirement for routes under Appendix FM of the Immigration Rules... Which financial requirement applies? 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 (e.g. as a parent): Adequate maintenance based on current income support rates (see below) Where applicable, child increments are: +£3,800 for the first child and +£2,400 for each extra child; e.g. +1 child = £22,400, +2 children = £24,800, +3 children = £27,200, and +4 children = £29,600 (unless capped at £29,000). British children and those with leave under...

Quick reference checklist This quick-reference checklist helps you calculate whether a proposed salary for an employee to be sponsored under the Skilled Worker route meets the relevant pay thresholds for eligibility (the general threshold and the going rate). Specifically, it sets out the formulae needed for the required pro-rating calculations when assessing an offer. There are three steps to establishing eligibility: Step 1 — determine the applicable general salary threshold and the going rate. This aspect is not covered here. For guidance, see the tables in Practice Note: Skilled Worker—salary and skill level eligibility tables. Step 2 — gather the relevant information to feed into the calculations. Step 3 — carry out the necessary calculations to verify eligibility. An example is used throughout: an Aerospace engineer (SOC 2020 occupation code 2126), who has not previously been sponsored under this route, would be paid an annual salary of £60,000, and would work a cycle of 52 hours per week for three...

Within Scotland, minor offences proceed by way of a summary complaint. Summary procedure is governed under Part IX of the Criminal Procedure (Scotland) Act 1995...

In this issue: Horizon scanning Status and worker categories Cross-border, international and jurisdictional issues Benefits Prohibited conduct (discrimination etc) TUPE and asset purchases Bribery, modern slavery, tax evasion and fraud Employment Tribunals Immigration IRLR Highlights—January 2025 Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Employment Highlights 2024/2025 Horizon scanning Employment Law—looking back at 2024 and ahead to 2025: The Lexis+® Employment team provide a concise overview of the standout employment law changes across 2024 and signpost what to watch in 2025, including movement on the Employment Rights Bill, the forthcoming employer duty to prevent sexual harassment, the Equality (Race and Disability) Bill, plus other impending legislation and significant cases. See News Analysis: Employment Law—looking back at 2024 and ahead to 2025. Status and worker categories MoD loses application to rehear army reservists pension bias case: In Milroy v...

Original news Makhlouf v Secretary of State for the Home Department (Northern Ireland) [2016] UKSC 59, [2016] All ER (D) 93 (Nov) The Supreme Court rejected an appeal against a deportation order made against a foreign offender, notwithstanding that his children are British citizens living in the UK. While the appellant argued that removal would violate his and his children’s rights under article 8 of the European Convention on Human Rights, the court decided that, on the evidence, he had no relationship with either child and their lives had been completely unaffected by his being their father. The court also determined that the Secretary of State was not required to undertake further enquiries concerning the appellant and his children beyond those already conducted. What was the background to the case? The appellant, a Tunisian national, married a British citizen in Tunisia in 1996. In 1997, his wife returned to Northern Ireland for the birth of their daughter, and he subsequently joined her. He was granted indefinite leave...

In this issue: Brexit highlights Post-Brexit transition guidelines Brexit SIs Constitutional and administrative law Subsidy control and State Aid Judicial review Equality and human rights Other Public law news Daily and weekly news alerts Dates for your diary Trackers New and updated content Useful information Brexit highlights EAC sets out recommendations on future of UK-EU data adequacy The House of Lords European Affairs Committee (EAC) has issued a letter to the Secretary of State for Science, Innovation and Technology, Peter Kyle, summarising the principal conclusions and recommendations from its inquiry into UK‑EU data adequacy. It found that the loss of EU data adequacy in June 2025 would bring substantial costs and added administrative burdens for businesses and organisations, create obstacles to international trade and economic co‑operation, and detrimentally affect Northern Ireland under the Belfast/Good Friday Agreement and the Windsor Framework Agreement. The EAC therefore advises that the government engage with...

This Practice Note considers the eligibility criteria for indefinite leave to remain under the Tier 1 (Investor) category. The Tier 1 (Investor) category closed to fresh applications, without notice, from 16.00 on 17 February 2022 through Statement of Changes in Immigration Rules CP 632. Holders of existing leave on this route may still prolong their permission, including applying for entry clearance from outside the UK where they have held Tier 1 (Investor) leave at any point in the 12-month period before the application date, and may pursue settlement. Requests to extend, whether made inside or outside the UK, must be filed by 17 February 2026. Applications for indefinite leave to remain must be submitted before 17 February 2028. Specific timings for each cohort are outlined below. In line with other pre-simplification ‘legacy’ routes—and particularly as this route was partly closed due to concerns it enabled the movement of illicitly obtained wealth—both extension and settlement applications are expected to attract rigorous scrutiny. For more on the closure, see: LNB News...

This Practice Note examines the provisions of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982) that resolve questions of international jurisdiction for employment proceedings commenced on or after 1 January 2021. For a visual summary, see: Determining jurisdiction in employment disputes (1 January 2021 onwards)—flowchart. For guidance where proceedings began on or before 31 December 2020, see: Practice Note: International jurisdiction—allocating employment cases between national courts and tribunals pre-1 January 2021 [Archived] Determining jurisdiction in employment disputes (to IP completion day)—flowchart [Archived] Background Where a common law claim is brought in the courts—such as a damages claim for breach of contract or to enforce post-termination restrictions (restrictive covenants)—jurisdiction is governed by the CJJA 1982 and the Civil Procedure Rules (CPR). These rules apply to proceedings instituted on or after 1 January 2021 and replace Retained Regulation (EU) 1215/2012, Brussels I (recast) (commonly known as the Brussels 1a Regulation), and the Lugano Convention, which applied to proceedings started before the end of...

Taxation regime What factors determine tax liability in your jurisdiction (eg domicile, residence or citizenship)? Türkiye’s tax landscape is intricate, operating through numerous laws, regulations, communiqués and subsequent amendments. The key legislative instruments include: Tax Procedure Law No. 213 (10 January 1961) Corporate Tax Law No. 5520 (21 June 2006) Value Added Tax Law No. 3065 (2 November 1984) Stamp Tax Law No. 488 (11 July 1964) Income Tax Law No. 193 (6 January 1961) Broadly, the Turkish Tax System is considered under three headings: (i) income taxes, such as individual income tax and corporate income tax; (ii) taxes on expenditure, including Value Added Tax (VAT), the Banking and Insurance Transactions Tax and Stamp Tax; and (iii) taxes on wealth, for example Property Tax and Inheritance and Gift Tax. For natural persons, residency, ownership of property and citizenship are key in determining which taxes apply in Türkiye. An individual’s tax burden is mainly linked to their earnings,...

In the First-tier Tribunal (Immigration and Asylum Chamber) Appeal No: XXXAPPLICANT NAME – AppellantANDSECRETARY OF STATE FOR THE HOME DEPARTMENT Application for costs under 9 (2) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, SI 2014/2604 1 Introduction This application is brought pursuant to paragraph 9 (2) (b) of The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, SI 2014/2604. The appellant seeks a costs order on the basis that the respondent has behaved unreasonably in the conduct of these proceedings. 2 This application has been made in-time, within 28 days of the date of [ insert relevant event or decision ] and has been served on the respondent. 3 Background The appellant is pursuing an appeal against a refusal of her human rights claim. A’s claim was refused on [ insert date ] and an appeal was submitted on [ insert date ]. The Tribunal listed a substantive hearing for [ date ] at [...

[ Insert your current residential address ] Entry Clearance Officer, [ Insert address of decision-making centre to which the application is being sent ] [ Insert date ] Dear [ insert organisation name ] Application for entry clearance as a [ spouse OR civil partner OR unmarried partner ] under Appendix FM of the Immigration Rules I am a national of [ insert nationality ] and the [ spouse OR civil partner OR unmarried partner ] of [ insert name of sponsoring partner ]. My birth date is [ insert date of birth ] and my age is currently [ insert age ]. I confirm that I am not related to [ insert name of sponsoring partner ] in any manner that is barred for [ marriage OR civil partnership ] in the UK...

A. Documents for main applicant Evidence of the sponsor parent(s)' income and funds: Examples of suitable evidence are set out below. While a six-month span is not mandated by the Immigration Rules, it is recommended as a reasonable timeframe for demonstrating income and savings. Payslips for the previous six months (for employed persons). And/or proof of business or self-employment income for at least the last six months, such as: (a) Letter from a registered accountant for the business confirming the sponsor parent(s)’ income during that period. (b) Invoices. (c) Business accounts. Personal bank or building society statements or passbooks covering the past six months. Any accountant providing a supporting letter must be registered with an appropriate professional regulatory body. Bank or building society statements should show what has been paid in and out of the accounts for the past six months...

Practice Note: Suitability grounds for refusal and cancellation of permission notes that, under the Immigration Rules, Part 9, para 320(7B): Unless an exemption applies, or the relevant re-entry ban has expired, any application made under a route within Parts 2–8, or under Appendix Armed Forces, must be refused where the person has previously breached UK immigration law by: overstaying, unless the overstay was 90 days or less (where it began before 6 April 2017) or 30 days or less (where it began on or after 6 April 2017) and, in either scenario, they left the UK of their own accord and not at public expense Where any of the above circumstances apply, any further application to re-enter the UK will be refused until the following re-entry ban has run: one year, if the individual departed the UK voluntarily and not at public expense—note that those refused entry at port fall within this category, provided they complied with the conditions set...

Who can be the guardian of a Child Student? The Immigration Rules, Introduction, para 6.2 (Immigration Rules, Introduction, para 6.2(b)) sets out definitions for key terms such as ‘legal guardian’, ‘parent’ and ‘private foster care arrangement’. A ‘legal guardian’ is defined as ‘a person appointed according to local laws to take care of a child’. In the UK, questions of a child’s legal guardianship are typically decided by the family courts, or arise where parents have named a guardian to act if they die. That said, legal systems in other countries follow different procedures. Whether an individual has been duly appointed as a legal guardian ‘according to local laws’ in another jurisdiction is a matter of foreign law. Foreign law is treated as evidence and will usually need to be established by expert evidence (Hussein (Status of passports: foreign law) [2020] UKUT 00250 (IAC) (not reported by LexisNexis®UK)). Such expert evidence may include a letter from a lawyer qualified in the relevant jurisdiction, confirming the process by which the...

The rules governing making a domicile election are contained within statutory sections 267ZA and 267ZB of the Inheritance Tax Act 1984 (IHTA 1984)...