Theresa May spent over a year saying her new immigration rules would weaken Article 8 rights for “foreign criminals” but conceded the point within a day at the Court of […]
Comes into force today. Clarifies that Tier 4 students on post graduate courses of 12 months or longer can sponsor family member dependants. TB screening introduced for those entering from Mauritania for […]
Short case reiterating that Home Office has to act in accordance with its policies, including that designed to give effect to the earlier Patel case on the situation of students […]
Last week saw the anniversary of the miserable new family immigration rules, introduced on 9 July 2012. Heartache and anguish was predicted and has, tragically, come to pass. I attended […]
F (Para 320(8); type of leave) USA [2013] UKUT 00309 (IAC) New reported immigration tribunal case on paragraph 320(18) of the immigration rules, one of the discretionary general grounds for […]
Akhtar (CEFR; UKBA Guidance and IELTS) [2013] UKUT 00306 (IAC) New reported tribunal decision on the English language requirements. IELTS scores need to be at B1 or higher even if the rules requirement […]
Almost exactly a year after they were first introduced, Mr Justice Blake sitting in the High Court has in a lengthy, complex and very carefully considered judgment found that the […]
I was recently reviewing the long residence policy for an informal advice and noticed that since I last looked at it (admittedly a little while now) it has been substantially […]
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 new Freedom of Information request has revealed that British women have been affected disproportionately compared against men by new minimum income rules for spouse and partner applications. There has […]
With thanks to the excellent Fawzi Zuberi of Lighthouse Solicitors, I thought it might be worth flagging up an obscure, very well hidden but very useful part of the modernised […]
There are some detailed blog posts to come on some of the more important things that happened in the last fortnight, but for those who missed their beloved Free Movement […]
The High Court has endorsed the controversial approach of the Upper Tribunal towards the new immigration rules on human rights. Mr Justice Sales, drawing on concessions made by the Home […]
It has been over a year since the High Court heard a challenge to the introduction of pre-entry English language tests for spouses and partners (and fiancés and proposed civil […]
A batch of new Upper Tribunal cases have been approved as safe for general consumption by the reporting committee. I posted up three of them yesterday as new short-form ‘link […]
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 […]
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. […]
Ahmed (benefits: proof of receipt; evidence) [2013] UKUT 84 (IAC) Useful best practice case for practitioners still dealing with old-style maintenance cases, particularly where the sponsor is in receipt of welfare […]
Theresa May this weekend launched a blistering and unprecedented attack on ‘a minority of judges’, accused them of ignoring the will of Parliament by refusing to deport foreign criminals. Remarkably, […]
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18th February 2013
BY Free Movement
This instrument is drawn to the special attention of the House on the grounds it may inappropriately achieve its policy objective. House of Lords Secondary Legislation Scrutiny Committee, 6th Report […]
“I agree with my noble friend that no area is more complex than the whole business of the Immigration Rules and the procedures surrounding them.” Lord Taylor of Holbeach in […]
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 […]
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 […]
The Upper Tribunal has rejected the Government’s attempt exhaustively to define the scope and meaning of Article 8 private and family life in the controversial new immigration rules introduced in […]
On Tuesday this week the Court of Appeal handed down two important new cases on deportation. The first is Mohan v Secretary of State for the Home Department [2012] EWCA […]
In his judgment in the case of R (On the Application Of Bhavyesh & Ors) v Secretary of State for the Home Department [2012] EWHC 2789 (Admin) Blake J has dismissed the latest […]
Yes another Statement of Changes – HC 565 – has been laid and (hold your breath), most of it comes into force… today! I am grateful to Alison Harvey at ILPA, […]
As the second in a series of blog posts on the radical new July 2012 immigration rules we turn now to long residence requirements. Transitional Provisions Applications for indefinite leave […]
In June 2012 human rights organisation Liberty issued a briefing on the proposed changes to the Immigration Rules on spouses and partners and introduction of a minimum income threshold. The old […]
A new “subjective” element has been discovered and can be found in the Immigration Appeals Family Visitor Regulations 2012 (SI 2012/1532). Watch out for this worrying little element as it […]
Following the Supreme Court decisions in the cases of Munir and Alvi, as reported on this blog yesterday, the UK Border Agency has acted suspiciouslyextremely quickly: see the Statement of […]
View image | gettyimages.com The judgments The judgments in Munir [2012] UKSC 32 and Alvi [2012] UKSC 33 are perhaps the most important in immigration law since the Immigration Act […]
[UPDATE: for more analysis see new post The Case of the Lost Prerogative] This is huge news in immigration law: the Supreme Court has dismissed the Home Office appeal in […]
When I attempted to read Kafka’s The Castle I gave up halfway* through on the basis that the castle K strives to reach was a metaphor for the text of […]
Theresa May announced substantive changes to the immigration rules, which would limit the number of immigrants entering the UK on the basis of marriage or having family members here. Some […]
Fresh off the press is the Government’s Statement of Intent: Family Migration which proposes not just to change but to direct the way in which the UKBA and Courts decide […]
Not very soft at all. Paragraph 364 of the Immigration Rules, which governs both the UK Border Agency and to a significant extent the immigration tribunal and courts, states that, […]
