RNP Legal

17/02/2026

A child born in Canada is generally granted Canadian citizenship at birth, regardless of the parents’ immigration status, including those on a tourist visa. The birth certificate issued by the province or territory serves as proof of citizenship. However, an exception applies if a parent was working in Canada with diplomatic privileges for a foreign government or international organization at the time of the child’s birth, in which case the child does not automatically acquire Canadian citizenship.

16/02/2026

The latest January 2026 statistics from the Home Office indicate a significant decline in Skilled Worker visa applications following the July 2025 immigration rule changes.

The reforms — including higher salary thresholds and limiting eligibility to RQF Level 6 roles — signal a structural shift in the UK’s work migration system. The UK is moving away from a volume-driven sponsorship model towards a more selective, compliance-focused framework.

For employers, this means increased scrutiny, stricter sponsor licence compliance, and a stronger need for strategic workforce planning and retention.

15/02/2026

The next ballot for the UK–India Young Professionals Scheme has been announced, giving eligible Indian nationals an opportunity to live and work in the United Kingdom for up to two years.

The ballot will open at 2:30 PM (IST) on 17 February 2026 and close at 2:30 PM (IST) on 19 February 2026. Applicants must meet the eligibility criteria before entering the ballot.

Prospective candidates are advised to review the official guidance and ensure they qualify before submitting their entry.

14/02/2026

Brief Summary

The Court of Appeal has ruled in R (Kone) v SSHD [2025] EWCA Civ 1653 that a child can apply for immediate settlement under paragraph 297 if one parent is British or settled in the UK, regardless of the other parent’s immigration status.

The judgment overturns the previous practice of the Home Office, which had been granting children limited leave to match the parent with shorter status. The decision is expected to significantly benefit families by removing unnecessary waiting periods for settlement.

13/02/2026

Australia Launches New Skills in Demand Visa

Australia has introduced the Skills in Demand (SID) visa (subclass 482), replacing the former TSS visa as the country’s primary employer-sponsored work visa.

The new visa allows skilled workers to stay for up to four years, provides a 180-day window to change employers, and offers clearer pathways to permanent residency through the Employer Nomination Scheme (subclass 186). Multiple streams are available based on skill and salary levels.

Experts advise careful selection of the appropriate stream and early planning for permanent residency to ensure long-term success.

12/02/2026

Permanent Residency: Not Always Truly Permanent

The term “permanent residency” may sound absolute, but its meaning varies across countries. In nations such as Canada and Australia, permanent resident status comes with residency obligations and renewal conditions. Individuals must meet minimum physical presence requirements to maintain their status and travel rights.

In contrast, New Zealand’s Permanent Residence is considered genuinely permanent. Once granted, it does not carry ongoing travel conditions, allowing holders to leave and return even years later without losing their status.

The difference highlights the importance of understanding the legal conditions behind the label “permanent.”

11/02/2026

Client: I’m travelling to the UK soon. Is there any new requirement I should know about?
Lawyer: Yes. From 25 February 2026, the Home Office will carry out extra checks on UK immigration status before boarding.
Client: What should I do?
Lawyer: Make sure your UKVI account shows your correct passport number, expiry date, and nationality.
Client: I recently got a new passport.
Lawyer: Then update your account immediately, otherwise you could face delays or be refused boarding.
Client: How long does it take?
Lawyer: Only a few minutes online through the UKVI portal.

Summary:
Travellers must update their UKVI account with correct and current passport details before 25 February 2026 to avoid travel delays or denied boarding.

26/11/2025

22/11/2025

The Earned Settlement consultation, open now until 𝐮𝐧𝐭𝐢𝐥 11.59 𝐩𝐦 𝐨𝐧 12 𝐅𝐞𝐛𝐫𝐮𝐚𝐫𝐲 2026.

If you or your business rely on overseas talent, please take action and submit your response. These proposals have enormous consequences, and the suggestion of retrospective application is particularly concerning and fundamentally unfair.

Here are the key highlights in plain English:
-The baseline qualifying period for settlement would rise from 5 years to 10 years.
-People who are spouses/partners of British citizens are not affected.
-Skilled Workers in roles below RQF Level 6 could face a 15-year wait.
-A new system of “reductions” and “penalties” could mean some people face decades before they can settle.
-Global Talent and Innovator Founders still eligible after 3 years.
-High earners can still be eligible after 5/3 years, provided their income was uninterrupted for 3 years prior to application.
-No Recourse to Public Funds (NRPF) could be imposed even at settlement, creating a two-tier system.
- Dependants would no longer automatically settle on the same timeline as the main applicant.
- Long residence (10-year lawful stay across routes) is set to be abolished.
-Many currently in the UK would be affected unless transitional protections are introduced, including those recruited on the promise of 5-year settlement.

28/10/2025

Canada Issues Advisory on Marriage Fraud in Immigration Sponsorship

Ottawa, October 2025 – Immigration, Refugees and Citizenship Canada (IRCC) has issued a renewed advisory urging Canadian citizens and permanent residents to exercise caution before entering into marriages with foreign nationals for the purpose of immigration sponsorship.

The department cautions that some individuals may view marriage to a Canadian as a “ticket to Canada.” Canadians are advised to think carefully before agreeing to marry or sponsor someone they have recently met — particularly if the person is eager to marry quickly, has been in multiple marriages or common-law relationships, or shares little information about their personal or family background.

Under the Immigration and Refugee Protection Regulations (IRPR), all sponsorships must be based on genuine relationships. A “marriage of convenience” — one entered primarily for immigration benefits — is considered misrepresentation under section 40 of the Immigration and Refugee Protection Act (IRPA).

If immigration officers determine that a relationship is not genuine or was entered into primarily to gain permanent residence, the application will be refused. The foreign national may also face a five-year ban from entering Canada.

Sponsors are reminded that, under section 132 of the IRPR, signing a sponsorship undertaking is a legally binding contract with the Government of Canada. This means that if you sponsor a spouse or partner, you are financially responsible for them for three years, even if the marriage or relationship ends.

IRCC continues to emphasize that misrepresentation or fraudulent marriages carry serious consequences for both the sponsor and the applicant — including removal from Canada, inadmissibility findings, and potential criminal charges.

For full details, see: IRCC – Marriage Fraud and Sponsorship Obligations

04/10/2025

Japan Confirms Permanent Residency Can Be Revoked Under Certain Conditions

Tokyo, October 3, 2025 — Permanent residency in Japan, often thought of as a lifetime status, can in fact be revoked under specific circumstances, according to immigration authorities.

Currently, revocation may occur in cases such as:
• Leaving Japan without a valid re-entry permit
• Failing to return before a re-entry permit expires
• Deportation due to serious legal violations
• Obtaining residency through false statements
• Failing to report an address change within 90 days

A new reform, set to take effect in 2027, will also allow revocation for neglecting obligations such as tax and social insurance payments. Officials have pointed to cases where permanent residents stopped making payments after securing their status as the reason for this change.

The upcoming rule has drawn criticism from some experts and advocacy groups, who argue that it undermines the stability that permanent residency is meant to provide. Nonetheless, the government maintains that compliance with social obligations is essential.

Authorities noted that certain mitigating measures will be available for residents who meet specific conditions. However, the overall message is one of caution: Japanese permanent residency remains a high-bar status to achieve, and holders are urged to avoid actions that could jeopardize their legal standing.

03/10/2025

Federal Court Rules IRCC Unreasonable in Returning Express Entry Application Over Missing Birth Certificate

Ottawa, October 3, 2025 — The Federal Court has ruled that Immigration, Refugees and Citizenship Canada (IRCC) acted unreasonably when it returned an Express Entry application due to the absence of a dependent’s birth certificate.

In a decision authored by Justice Brouwer, the Court held that under section 10(2) of the Immigration and Refugee Protection Regulations (IRPR), applicants are only required to provide information about family members—not supporting documents such as birth certificates—at the completeness check stage.

Justice Brouwer further emphasized that while IRCC’s website and Express Entry document checklist may suggest otherwise, these administrative tools cannot override the requirements set out in Canadian immigration legislation.

The ruling underscores that the Express Entry checklist is subordinate to the IRPR, offering clarity to applicants and reinforcing that legislation takes precedence over departmental guidelines.


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