In yet another case highlighting the absurdly hostile, bureaucratic and inflexible nature of the UK’s Points Based System the Court of Appeal has held that a Tier 1 Entrepreneur might […]
The Supreme Court has given judgment in the case of Mandalia v Secretary of State for the Home Department [2015] UKSC 59 about the interpretation and application of the Home […]
Rumours as to the death of the ‘evidential flexibility’ policy prove to have been exaggerated. A new version was recently published. Hat tip to Adam Pipe of No 8 Chambers […]
A big thank you goes to Jane Heybroek of Bell Yard Chambers for persisting with her Freedom of Information request in relation to further documents concerning the Evidential Flexibility policy. […]
Further to Sarah Pinder’s earlier post on this subject, I have been provided with a copy of the infamous “PBS PROCESS INSTRUCTION EVIDENTIAL FLEXIBILITY” document in response to a Freedom of […]
The Home Office has published guidance on fee waivers for entry clearance applications (in other words, when it is possible to get a visa for free). This is important as […]
Having been overruled by the Court of Appeal in the case of Rodriguez [2014] EWCA Civ 2 (FM post here), Mr Justice McCloskey, President of the Immigration and Asylum Chamber of […]
The case of Rodriguez, Mandalia and Patel [2014] EWCA Civ 2 is to be reconsidered by the Supreme Court, this months grants of permission reveals. The case concerns the ‘evidential flexibility’ […]
In one of the earliest cases of the year, Secretary of State for the Home Department v Rodriguez [2014] EWCA Civ 2, the Court of Appeal has overturned the decision of the Upper […]
Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC). About as good as it could be. Appeals to be allowed where UK Border Agency Points Based System decisions fail to apply the […]
Perhaps not breaking news for some of you but I suspect not everyone has come across the references to the UKBA’s policy of “evidential flexibility” in the context of Points […]
Invalid applications: in recent years, this has become one of the trickiest and dense parts of our immigration law. It’s one of my favourite areas because it’s so interesting and […]
The responsibility to take the utmost care to ensure that the Points Based System, Immigration Rules and guidance are followed remains with the sponsor. A Mr Talpada attempted to challenge […]
The web of Rules and Guidance has become so tangled that even the spider has difficulty controlling it. So says Lord Justice Underhill in Mudiyanselage v Secretary of State for […]
Welcome to the May 2016 edition of the Free Movement immigration update podcast. In this (slightly belated) episode I cover a number of tribunal then Court of Appeal then High Court cases, […]
Welcome to the October 2015 edition of the Free Movement immigration update podcast. In this episode I talk about some big cases from the Supreme Court and Court of Appeal, […]
Page contentsThe new Administrative ReviewSection 3C and extension of leaveChoice of remedy: choose wiselySection 16: administrative review review The new Administrative Review For those whose immigration applications are refused and who would […]
In the case of Secretary of State for the Home Department v Raju & Ors [2013] EWCA Civ 754 the Court of Appeal has overturned the Upper tribunal’s earlier judgment […]
Two Statements of Changes to bring to your attention, HC1038 and HC1039. On Monday 1 April 2013, HC1038 came into effect and can be viewed here. Far weightier are the […]
On 22 November 2012 a new Statement of Changes was laid which brings in quite a few amendments to the Immigration Rules. A large proportion of those changes are yet […]
Kezia Tobin and Sarah Pinder recently broached this topic at a seminar given by Renaissance Chambers on 13 June 2012 digesting the procedural issues and most recent case-law involved and […]
This article explains how to make a successful change of conditions application where a person needs to lift the no recourse to public funds restriction (NRPF) from their grant of […]
The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that leave from accessing certain defined […]
The Independent Chief Inspector of Borders and Immigration has published a new report reviewing the Home Office’s processing of family visas, with a focus on indefinite leave to remain applications. […]
Immigration applications are extremely expensive. Most requests for permission to stay in the UK (other than under the Points Based Immigration System) now cost £1,048. In addition, applicants may need […]
Families who can’t afford British citizenship for their children can now get it for free. A new “citizenship fee waiver for individuals under 18” policy was published today. It allows […]
The Home Office has finally published details of the requirements for sponsors in the UK Expansion Worker visa category. Part of the Global Business Mobility family, it replaces the Sole […]
MPs will give the Nationality and Borders Bill 2021 its second reading on 19 July. One of the Bill’s main objectives is to make the asylum system “fairer and more […]
By Alex Piletska and John Vassiliou Welcome to your first day as an Administrative Officer, the most junior civil service grade. We’re sure you will fit right in. To help […]
The Law Commission’s long-awaited report on Simplification of the Immigration Rules says that rewriting and paring down the “overly complex and unworkable” document would improve legal certainty and transparency for applicants […]
The UK needs a world class migration system to attract the brightest and the best from across the world… That is why I am so pleased today to be able […]
One of the requirements for Tier 1 (Entrepreneur) migrants extending their visas in the UK is to show they have invested £200,000 that they previously showed was available for investment […]
1.1. The Immigration Law Practitioners’ Association (ILPA) drafted the following report as a joint commentary by experienced immigration practitioners on the EU Settlement Scheme. We hope this expertise assists in […]
There has been a massive batch of new guidance and forms issued today. At the time of writing these were the updates so far (updated 25/11/16): Application to extend stay […]
This text is based on a talk given by Sonel on 24 February 2016 at an ILPA event on family immigration law. Since 2012, family immigration in UK has taken […]
Page contentsHere on Free MovementImmigration law in 2015Immigration Act 2014Detained Fast TrackThe SupremesBig pictureLooking ahead to 2016The numbers gameNew asylum planHostile environment Here on Free Movement Here on Free Movement […]
Major changes to the Immigration Rules affecting refugees, Tiers 1, 2 and 5, EEA nationals sponsoring family members under the Immigration Rules, visitors, applications for Administrative Review and knowledge of […]
The Court of Appeal condemns the complexity of the Points Based System in the case of Hossain & Ors v Secretary of State for the Home Department [2015] EWCA Civ […]
Sweeping changes to appeal rights, a new non independent “administrative review” procedure and further changes to deportation appeal rights are taking effect on 20 October 2014, at least in some […]