Updates, commentary, training and advice on immigration and asylum law

More new Immigration Rules with immediate effect


Older content is locked

A great deal of time and effort goes into producing the information on Free Movement, become a member of Free Movement to get unlimited access to all articles, and much, much more


By becoming a member of Free Movement, you not only support the hard-work that goes into maintaining the website, but get access to premium features;

  • Single login for personal use
  • FREE downloads of Free Movement ebooks
  • Access to all Free Movement blog content
  • Access to all our online training materials
  • Access to our busy forums
  • Downloadable CPD certificates
It's a rule
It’s a rule

Statement of Changes HC 820 was laid before Parliament yesterday, 12 December 2012, to come into effect today, 13 December 2012. You  need look no further than the fact that this is the ninth Statement of Changes to the Immigration Rules this year alone if you need to know what is wrong with immigration law and why the UK Border Agency simply cannot cope. And surely in no other area of law would the Government introduce new rules with no warning that have retrospective effect and change one’s eligibility even after one made an application under a different, earlier set of rules? It is becoming so routine that it is almost too much effort to get angry about it.

Anyway, the main impact of the changes is that they commence most of the human rights private life changes to the rules from an earlier Statement of Changes, HC 760, for all decisions on or after today. Previously the changes had appeared to commence for all applications on or after that date. Hilariously, the UK Border Agency assert that this will “provide greater clarity for applicants”. That is, applicants who have already applied under one set of rules but suddenly find that the rules have changed since they applied. It seems doubtful that those applicants would agree that this provides clarity.

The other changes are to apply a transitional concession to Tier 1 (Investor) migrants who entered the route or applied to enter the route before the changes regarding loans secured against investments and investments held in offshore custody and to ensure that provisions for indefinite leave to remain for a person established in business in the UK under the provisions of an EC Association Agreement continue to have effect.

Relevant articles chosen for you
Picture of Colin Yeo

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.


3 Responses

  1. Does T May know that all this change requires “change management”.
    With more legislation to learn, more visas to process, and fewer staff available, it seems like a recipe for more chaos at the UKBA.

    No doubt John Vine will be reporting the consequences of all these changes next year, his team do seem to pick them up rather well.

    Let’s hope it doesn’t end up in meltdown.

  2. Hello

    I have a Tier 4 Migrant client who now wants to switch to Tier 1 entrepreneur using the £200,000 route – obviously he can no longer switch but has to apply for entry clearance now as above but a barrister advised me that it is worth putting in and he will JR the decision but my client is worried about the costs spiralling out of control and then having to apply for entry clearance anyway. Fellow lawyers – any thoughts on the JR and chance of success?

    1. Don’t go down the JR route as the costs will wipe out his £200K.I have a JR on an immigration issue and was told the costs could be £15K,they are currently £50K and have to be paid up front.The Judge found against us on all points,fortunately we were able to get a refral to the ECJ for a points of law ruling which I am confident we will win.I think JR will be routed to Judges who will support goverenment policy,justice delayed is justice denied.So,I win in Luxemburg in 2 years time,plus 2 years allready=4 years of life wasted