Challenge to new language requirements
3 June 2010
2 Comments
UPDATE: challenge successful. Penningtons have dropped me a line with some interesting information about a challenge to the new English language requirements for foreign Tier
UPDATE: challenge successful. Penningtons have dropped me a line with some interesting information about a challenge to the new English language requirements for foreign Tier
[UPDATE: read about result here] I dropped into court this afternoon to see how the PBS challenge was going. Unfortunately I missed what sounds like
I’ve just been drafting a skeleton argument for yet another Points Based System student refusal where there is no doubt the applicant has plenty of
Permission has finally been granted for an appeal to the Court of Appeal on the current approach of the tribunal to the Points Based System
I’ve been following with some interest the establishment of the snappily-entitled Office of the Chief Inspector of the UK Border Agency (OCIUKBA to its friends).
This is a question many immigrants and immigration lawyers are asking themselves about the so-called Points Based System. Genuine highly skilled immigrants and foreign students
No time for a proper post on this new case from the tribunal, NA & Others (Tier 1 Post-Study Work-funds) [2009] UKAIT 00025, so I’ll
Wending my way north on the train at an ungodly hour this morning, I found my reserved seat was opposite a fellow immigration lawyer I
The determination concerns the award of a qualification for the purposes of Tier 1: Post Study Work rather than the bigger issue of the silly
The Home Office have today announced some changes to the Points Based System for Tier 4 students. In summary, the main changes are: 1. Transitional
There are reports that the Home Office just conceded a judicial review against the maintenance requirements under the Points Based System (PBS). This could be
The flunky that writes the Home Office press releases really needs to tone it down and get a grip. One of the latest batches of
I want briefly to acknowledge the passing of the Working Holiday Maker scheme today. It was one of the last vestiges of the favourable treatment
Well, this is a bit of a surprise. “Cameron, David” has lodged an Early Day Motion opposing the latest change in the immigration rules (both latest
Favourite shortage occupation: meteorologists It’s official: we don’t have enough home-grown talent in the weather forecasting department and need to import skilled weatherpersons from abroad. In
One of the annoyingly frequent changes to the immigration rules has just been issued and can be found here. These sometimes come out as often
The Home Office has been planning a shift to a points-based system for assessing immigration applications for some time, and recently announced the timetable for
UPDATE: challenge successful. Penningtons have dropped me a line with some interesting information about a challenge to the new English language requirements for foreign Tier 4 students. The challenge is being brought by English UK, a national association of over 400 English language centres. The hearing is listed for 29-30...
[UPDATE: read about result here] I dropped into court this afternoon to see how the PBS challenge was going. Unfortunately I missed what sounds like a masterclass in the morning from Michael Fordham QC, who led the assault on the vires of the entire PBS scheme, which is enacted through...
I’ve just been drafting a skeleton argument for yet another Points Based System student refusal where there is no doubt the applicant has plenty of money, it is just that the evidence is not quite in the required form. This application was made in the summer, before the rules changed...
Permission has finally been granted for an appeal to the Court of Appeal on the current approach of the tribunal to the Points Based System and the scheme’s lawfulness. Six cases have been joined. Oddly, two of the parties are litigants in person. I don’t know who the solicitors are,...
I’ve been following with some interest the establishment of the snappily-entitled Office of the Chief Inspector of the UK Border Agency (OCIUKBA to its friends). Like many initiatives to establish supposedly greater accountability for the Home Office, there has been some scepticism about this new institution. The early signs are...
This is a question many immigrants and immigration lawyers are asking themselves about the so-called Points Based System. Genuine highly skilled immigrants and foreign students are considering heading to other countries and immigration lawyers are conflicted: the points based system is great for business but this is because it is...
No time for a proper post on this new case from the tribunal, NA & Others (Tier 1 Post-Study Work-funds) [2009] UKAIT 00025, so I’ll just paste in the headnote, which speaks for itself: i. The new-style Immigration Rules governing Tier 1 (Post Study Work) contain a Maintenance (Funds) requirement...
The determination concerns the award of a qualification for the purposes of Tier 1: Post Study Work rather than the bigger issue of the silly maintenance requirements. Senior Immigration Judge Spencer finds that a person has not been awarded a qualification until they have received the qualification certificate. My own...
The Home Office have today announced some changes to the Points Based System for Tier 4 students. In summary, the main changes are: 1. Transitional arrangements on maintenance are extended to 30 September 2009, meaning the applicant need only show the necessary money in their bank account at the date...
There are reports that the Home Office just conceded a judicial review against the maintenance requirements under the Points Based System (PBS). This could be a very important development, and more posts (or comments, below) will follow as details become available. The challenge appears to have been based on the...
The flunky that writes the Home Office press releases really needs to tone it down and get a grip. One of the latest batches of press releases is entitled ‘Tough new rules target bogus colleges and education cheats‘. The words ‘bogus’ and ‘cheats’ are very strong indeed. Yet there is...
I want briefly to acknowledge the passing of the Working Holiday Maker scheme today. It was one of the last vestiges of the favourable treatment of Commonwealth countries and their nationals. It was always problematic, to be honest. Whites could get into the country under the scheme but non-whites could...
Well, this is a bit of a surprise. “Cameron, David” has lodged an Early Day Motion opposing the latest change in the immigration rules (both latest changes: typically, the first set were badly drafted and needed almost instant amendment after publication). Thanks to John O at NCADC for spotting this...
Favourite shortage occupation: meteorologists It’s official: we don’t have enough home-grown talent in the weather forecasting department and need to import skilled weatherpersons from abroad. In order to tell us that it will rain again. The other highlight is ballet dancers. The full list is here. It relates to the...
One of the annoyingly frequent changes to the immigration rules has just been issued and can be found here. These sometimes come out as often as fortnightly, and I can remember a number of occasions when they have been so ill conceived they’ve had to withdraw them immediately. They once...
The Home Office has been planning a shift to a points-based system for assessing immigration applications for some time, and recently announced the timetable for its introduction: Tier 1: beginning of 2008. This part of the scheme is for the highly skilled, who will not require a job offer before...