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PBS decision not being appealed


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The Points Based System test case, Pankina, is not being appealed by UKBA. This has been confirmed by Treasury Solicitors. Interim guidance has apparently been issued to UKBA caseworkers.

More information and links if/when I get a chance.

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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.


6 Responses

  1. ILPA state that applicants under PBS routes are now simply required to demonstrate that they hold the required level of funds on one day during the one month period prior to the date of application. The said interim instructions are applied at PEO until any further instructions in this regard.

    For example, if an application was made by a Tier 1 (Post Study Work) migrant with no dependants on 12 July 2010, a single bank statement with a closing balance of £2,800 dated between 12 June and 12 July 2010 will meet the maintenance requirements. In this example where the application was made on 12 July, the bank statement must not be more than a month prior (so any statement dated before 12 June 2010 will not be acceptable).

  2. But what of the other “requirements” of the PBS guidance? One would think that as the guidance, per se, has been found to be baseless, then its other stipulations, not otherwise reflected in the Immigration Rules, are as equally ill-founded: for example the guidance’s requirement to provide a translation of any documents in a language other than English.

    Out of sheer devilment, it might be worth submitting a translation of a foreign-language document in either Welsh or Scots Gaelic!

    1. The procedure rules say that all documents relied on must be in English or translated into English. Sorry to ruin your fun…!

    2. Thanks for clarifying the matter, Southern PO. I shall rein in my mischevious streak.