All Articles: Immigration rules

How soft is the law on deportation right now?

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, subject to human rights law (an important proviso), there is a presumpt ...

10th June 2012 By

Inter-country adoption case

In Buama (inter-country adoption – competent court) Ghana [2012] UKUT 146 (IAC) Upper Tribunal Judge Warr held that there is no basis for the UK Border Agency to go behind a court order made by a competent court in a foreign country. Where suc ...

24th May 2012 By

Genuine visitor: relevant and irrelevant considerations

In the reported case of Sawmynaden (Family visitors – considerations) [2012] UKUT 00161 (IAC) the Upper Tribunal outline a number of factors relevant to the assessment of “genuine visitor”. In Sawmynaden, the appellant had travelled to the UK on ...

22nd May 2012 By

Other dependent relatives

A rare judgment on paragraph 317 of the Immigration Rules, the ‘other dependent relatives’ category, was handed down by the Court of Appeal last month and has so far escaped reporting here on Free Movement due to other commitments. The cas ...

20th April 2012 By

Near Miss for Near Miss?

The Court of Appeal has in the case of Miah v Secretary of State for the Home Department [2012] EWCA Civ 261 rejected the idea of there being a free standing ‘near miss’ argument in immigration cases where the applicant falls just short o ...

14th March 2012 By

Exceptional circumstances now more… exceptional

As expected, the obscure but important Chapter 53 of the Enforcement Instructions and Guidance (‘Extenuating Circumstances’) has been amended following on from the scrapping of paragraph 395C of the Immigration Rules. The new text is bas ...

2nd March 2012 By

Guest worker era begins

In a slew of new documents published today the Government has heralded the end of quasi-automatic settlement for skilled foreign workers under Tier 2 of the Points Based System, the evisceration of the Overseas Domestic Worker scheme, some tinkering w ...

29th February 2012 By

All change

A plethora of immigration tweaks were announced yesterday, mainly of a technical nature. There is still no sign of the introduction of a minimum income level nor the ending of Tier 2 settlement applications. It is beginning to seem likely that these w ...

14th February 2012 By

Immigration rules amended to be less human rightsy looking

The Government has finally gotten around to amending the Immigration Rules to make them a bit less human rightsy looking. This follows a number of pledges from David Cameron, Theresa May and Damian Green to do so. Paragraph 395C of the rules is to be ...

20th January 2012 By

Are the courts being lenient in immigration cases?

Looking at a few recent cases, there seems to be a trend emerging. In the face of over-complex legislation, and poorly-handled applications at the Home Office, the courts are finding alternative routes to success for worthy applicants. No rules are f ...

3rd December 2011 By

One rule for the rich

The Government’s plan massively to increase the minimum income threshold required to sponsor family members to the UK came one step closer yesterday with the publication of a report by the Migration Advisory Committee (MAC). The full report can ...

17th November 2011 By

Omotunde: a closer look

UPDATE: correct link added for training notes Omotunde (best interests – Zambrano applied – Razgar) Nigeria [2011] UKUT 00247 (IAC) This case has already been mentioned on the blog but a closer look is warranted as it gives an idea of how ...

11th November 2011 By

Review of spouses cases refused on age alone

As well as formally lowering the spouse visa age back to 18 through a formal change to the Immigration Rules on 28 November 2011 in response to the Quila case, the UK Border Agency is enabling the review of cases where applications were refused solely ...

9th November 2011 By

Spouse visa age lowered

UPDATE: see later post for information on applying for a review if your case has already been refused. The Government has announced today that the spouse visa age will be lowered again from 21 to 18. The change will take effect as of 28 November 2011. ...

7th November 2011 By

Exceptional Talent route finally opens

The Exceptional Talent route attracted a lot of attention and comment when it was announced way back in November 2010. Questions were starting to be asked about what had happened to it and whether arts and science organisations were really willing to ...

21st July 2011 By

Consultation on family migration: Tories to reintroduce ‘primary purpose’ rule

The Government yesterday launched another consultation on restricting immigration, this time family immigration. The splash on the UKBA website is here, the Ministerial statement here, the consultation document here and the accompanying research pape ...

14th July 2011 By

Batch of new tribunal decisions

The legal luggage carousel of the tribunal’s reporting committee has deposited a large batch of new cases in the arrivals hall of BAILII. Some of these cases are interesting, others perhaps a little less so. The more interesting include a couple ...

30th June 2011 By

All criminal convictions to act as bar to settlement from today

I have had to redraft this post, which had been intended to be a good news story about a positive development at the UK Border Agency and which I had scheduled for Monday morning. A nice start to the week, thought I. However, late last week it transpi ...

6th April 2011 By

No return rule to be modified

There have been a number of interesting announcements by UKBA today, which I will add to the blog once I’ve had time to digest and consider. Most of them surround child detention and what is now being termed the ‘family returns processR ...

1st March 2011 By

Family proceedings and immigration cases

An important case from late last year has so far escaped comment here on Free Movement but deserves special mention: MH (pending family proceedings – discretionary leave) Morocco [2010] UKUT 439 (IAC) (28 September 2010). In it, the Upper Tribun ...

24th February 2011 By

Entry clearance discrimination authorised

  Immigration Minister Damian Green has authorised discrimination by visa officers on the basis of nationality. This follows on from a finding last year by John Vine, Chief Inspector of the UK Border Agency, that visa officers were discriminating ...

18th February 2011 By

Doing the right thing?

I’ve just been in court doing yet another case where a solicitor has advised a client to do the ‘right’ thing and go abroad to make an application for entry clearance. This is common in spouse cases and I have myself advised clients ...

8th February 2011 By

Discrimination in Pakistan entry clearance cases

In his report late last year on the entry clearance operation based in Abu Dhabi, the ‘hub’ for processing claims from Pakistan and several Gulf states, the Chief Inspector of UKBA, John Vine, made a stark finding of racial discrimination by Entry ...

24th January 2011 By

Doctors Ditched by Home Office

A doctor ‘is no longer considered an acceptable professional person’ by the Home Office. The quotation is taken directly from an email from a policy adviser in the UKBA Nationality Group. Doctors were quietly dropped from mention in the applicatio ...

10th December 2010 By

Settlement rules for spouses

[UPDATED: to include link to case] I won a case in the Upper Tribunal the other day that I think is worth sharing. Despite, or perhaps because of, the wide(ish) effect of the findings it seems unlikely to be approved for reporting by the UT’s sh ...

7th December 2010 By

New Immigration Rules laid

New Immigration Rules have just been laid in Statement of Changes CM 7944. The main change is that the English language requirement for spouses and partners has been introduced, as expected. It takes effect for new applications made on or after 29 Nov ...

1st October 2010 By

Entry clearance deception refusals

Practitioners have seen a considerable increase in the number of applications for entry clearance that have been refused on the general grounds for refusal. The reasons are often opaque at best. Some simply refer to the contents of a Document Verifica ...

29th September 2010 By

Fees going up again

Substantial rises are set for most immigration fees on 1 October 2010, on the basis of the laughable justification that UKBA ‘want to ensure that we can offer a good level of customer service’. They also openly state that the increases are ...

9th September 2010 By

New PBS cases

The tribunal has allowed two appeals on the basis that Pankina does not only apply to the three month rule and that all an applicant need do is comply with the requirements of the Immigration Rules themselves. See FA and AA (PBS effect of Pankina) Nig ...

6th September 2010 By

Right to work for asylum seekers

UKBA has laid Statement of Changes CM7929 to give effect (or, at least, limited effect) to the judgment of the Supreme Court in ZO (Somalia) [2010] UKSC 36. This was the case in which the Court held that an asylum claim is still an asylum claim for th ...

23rd August 2010 By

Post Pankina Rules Update

Following Pankina, UKBA laid Statement of Changes HC 382, different parts of which came into effect on 23 July and 12 August 2010. The main changes were to incorporate into the main Immigration Rules some provisions that had previously featured only i ...

23rd August 2010 By

Temporary immigration cap

I still use this blog as my own personal note book of developments I might well want to look up later. I’m currently updating and re-writing the HJT Immigration Manual (ready first week of September in time for the next round of accreditation, a ...

23rd August 2010 By

UKBA seek feedback on settlement application process

Anyone with recent experience of applying for settlement may wish to help UKBA by completing a feedback form, available here. ...

17th August 2010 By

Rights of children a primary consideration

Yet more good news, this time for children and their parents. In LD (Article 8 best interests of child) Zimbabwe [2010] UKUT 278 (IAC) the President of the Immigration and Asylum Chamber of the Upper Tribunal has found that the UN Convention on the Ri ...

12th August 2010 By

Post flight spouses of refugees

Some tremendously good news for many refugees: in the new case of FH (Post-flight spouses) Iran [2010] UKUT 275 (IAC) the tribunal has found that Article 8 appeals by the spouses of refugees who married the refugee after the refugee left the country o ...

11th August 2010 By

New rules sidestep Pankina and English UK

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 ...

23rd July 2010 By

Domestic violence case

I’ve been so busy I forgot to post a link to this recent piece on The Guardian’s Comment Is Free site. I have an excuse to mention that now because the Court of Appeal has considered and rejected an appeal against findings by Immigration J ...

14th July 2010 By

English UK challenge successful

Firstly, I am well aware that this blog is seriously behind with a lot of the developments that have taken place in the last fortnight. And a lot has happened. I’ve actually read more or less everything now (iPad + public transport to far flung ...

10th July 2010 By

More rule changes and spouse visa age travesty

Yet more changes to the rules. Haven’t had a chance to look properly as I am on my way to Liverpool right now but the press release suggests tightening up of Tiers 1 and 2 and a further spouse visa age travesty. The full Statement of Changes to ...

18th March 2010 By

New long residence case

In the case of MD (Jamaica) & Anor v Secretary of State for the Home Department [2010] EWCA Civ 213 the Court of Appeal has dismissed two appeals against refusals under the long residence immigration rules. In both cases the immigrants had short g ...

11th March 2010 By

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