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New rules sidestep Pankina and English UK


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The Government has laid a new Statement of Changes (HC 382) that incorporates the parts of the Points Based System policy guidance ruled unlawful in the Pankina and English UK cases. This reinstitutes the three month £800 requirement and the minimum of level of English language qualification required by foreign students coming to the UK to study English.

Why appeal when you can simply change the rules, after all? This was always a likely outcome. However, the effect of Pankina and English UK remains: only the parts of the old guidance that are properly incorporated into the Immigration Rules themselves will be binding.

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The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.


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