All Articles: Immigration rules

After being trailed on breakfast TV, the new rules on students were eventually more formally announced last week. It seems the education sector is in for a double whammy. The […]

...
15th February 2010
BY Free Movement

UKBA have changed their removals policy, and not in a nice way. The announcement letter to stakeholders is available here and does not really tell half the story. In essence, the […]

...
21st December 2009
BY Free Movement

In an unusually dramatic move, the Presenting Officer in the recent case of KB (para: 320(7A): “false representations”) Albania [2009] UKAIT 00043 served a section 40 notice on a witness […]

...
15th October 2009
BY Free Movement

No time for a proper post on this new case from the tribunal, NA & Others (Tier 1 Post-Study Work-funds) [2009] UKAIT 00025, so I’ll just paste in the headnote, […]

...
3rd July 2009
BY Free Movement

Wending my way north on the train at an ungodly hour this morning, I found my reserved seat was opposite a fellow immigration lawyer I know from times past. We […]

...
15th June 2009
BY Free Movement

The determination concerns the award of a qualification for the purposes of Tier 1: Post Study Work rather than the bigger issue of the silly maintenance requirements. Senior Immigration Judge […]

...
9th June 2009
BY Free Movement

The Home Office have today announced some changes to the Points Based System for Tier 4 students. In summary, the main changes are: 1. Transitional arrangements on maintenance are extended […]

...
1st June 2009
BY Free Movement

There are reports that the Home Office just conceded a judicial review against the maintenance requirements under the Points Based System (PBS). This could be a very important development, and […]

...
26th May 2009
BY Free Movement

The Home Office recently increased the minimum age for both spouses to 21 if a foreign spouse is to enter the UK on a spouse visa. The same requirements apply […]

...
26th May 2009
BY Free Movement

The flunky that writes the Home Office press releases really needs to tone it down and get a grip. One of the latest batches of press releases is entitled ‘Tough […]

...
31st March 2009
BY Free Movement

News from ILPA is that the recent trend towards rejecting in-country applications to switch to become unmarried partners is a temporary blip. A strict reading of immigration rule 295D(i) shows […]

...
23rd February 2009
BY Free Movement

UKBA have announced a limited concession to the rise in the visa age to 21 for spouses and partners. The concession is simply that the rule will not be applied […]

...
15th December 2008
BY Free Movement

Free Movement may be cursed. Almost as soon as I blogged about DP3/96 it was scrapped, and now the same has happened to DP5/96. Phil Woolas has withdrawn DP5/96 as […]

...
10th December 2008
BY Free Movement

I want briefly to acknowledge the passing of the Working Holiday Maker scheme today. It was one of the last vestiges of the favourable treatment of Commonwealth countries and their […]

...
27th November 2008
BY Free Movement

UPDATE: the seven year children rule has been scrapped. Read more here. — There are two immigration rules that can be used to acquire settlement (Indefinite Leave to Remain, or […]

...
25th November 2008
BY Free Movement

Well, this is a bit of a surprise. “Cameron, David” has lodged an Early Day Motion opposing the latest change in the immigration rules (both latest changes: typically, the first set […]

...
12th November 2008
BY Free Movement

The Home Office has announced that major changes to the student rules will apply from March 2009. Allegedly, students are being brought within the ‘points based scheme‘. However, anyone reading […]

...
5th November 2008
BY Free Movement

Only yesterday I was telling someone there is no timescale for the Home Office to introduce this controversial measure, but today it has been announced it will take effect from […]

...
4th November 2008
BY Free Movement

The Tribunal have just issued a determination holding that proxy marriages in Brazil must be recognised in English law. The case is called CB (Validity of marriage: proxy marriage) Brazil [2008] […]

...
30th October 2008
BY Free Movement

[UPDATE: case overturned by Supreme Court] In a case called AM (Ethiopia) & Ors v Entry Clearance Officer [2008] EWCA Civ 1082 the Court of Appeal has just upheld the Asylum and […]

...
21st October 2008
BY Free Movement

The new Immigration Minister, Phil Woolas, yesterday announced the announcement of new rules for visitors. Spot the deliberate tautology? The Home Office seems to have improved the amount of warning […]

...
17th October 2008
BY Free Movement

It sounds from various internet forums as if the British High Commission at Canberra is getting tough on applicants for Tier 1. Where applications have been submitted that include evidence […]

...
11th September 2008
BY Free Movement

Favourite shortage occupation: meteorologists It’s official: we don’t have enough home-grown talent in the weather forecasting department and need to import skilled weatherpersons from abroad. In order to tell us that […]

...
9th September 2008
BY Free Movement

News from the front line is that Entry Clearance Officers (ECOs) are overturning refusals under immigration rule 320(7B) that were made before the string of concessions was announced. Just ask […]

...
13th June 2008
BY Free Movement

One of the annoyingly frequent changes to the immigration rules has just been issued and can be found here. These sometimes come out as often as fortnightly, and I can […]

...
10th June 2008
BY Free Movement

Thanks for those who posted comments pointing the way to updated guidance to visa officers on the issue of contriving to frustrate immigration rules. The guidance is here and reads […]

...
5th June 2008
BY Free Movement

Following on from the parliamentary debate last week, the Entry Clearance Guidance (ECG, until recently rather quaintly called the Diplomatic Service Instructions – I always thought the idea visa officers were diplomatic […]

...
20th May 2008
BY Free Movement

Some great news on the re-entry ban saga. There was an unusually good debate in the Commons last night, when several MPs managed to put the screws on Liam Byrne, […]

...
15th May 2008
BY Free Movement

The Home Office has managed to change the online guidance on DP3/96 surprisingly rapidly and these are now available to read. See chapter 53, section 53.3 of the Enforcement Instructions […]

...
14th May 2008
BY Free Movement

The Government has lost yet again. I’m beginning to feel embarrassed for them. These repeated legal defeats smack of a basic failure to comprehend the idea of rule of law. That’s OK […]

...
2nd May 2008
BY Free Movement

In terms of scraping the bottom of the barrel, this is beaten only by the withdrawal of the non-removal policy for over 65s. Why oh why would they bother? Since […]

...
25th April 2008
BY Free Movement

An interesting case is circulating amongst immigration lawyers at the moment but has not been officially reported. The Asylum and Immigration Tribunal reporting process is somewhat opaque, to put it […]

...
22nd April 2008
BY Free Movement

Liam Byrne, the Immigration Minister, has written to the Immigration Law Practitioners Association (ILPA) with some further clarification on the no return amendment to paragraph 320 of the immigration rules […]

...
14th April 2008
BY Free Movement

The Home Office and UK Visas have published guidance on their website about how their decision-makers should apply the re-entry ban and the concession that was announced. Unfortunately, they appear […]

...
8th April 2008
BY Free Movement

In response to a comment left on my last post, I should make it clear that the concession as it stands in Hansard only applies to people currently in the […]

...
19th March 2008
BY Free Movement

Immigration lawyers have been shocked by Government proposals to introduce from 1 April 2008 a re-entry ban on immigrants who have previously breached UK immigration laws. The ban was debated […]

...
18th March 2008
BY Free Movement

Permission was granted today by Mr Justice Sullivan in a judicial review of the decision to retrospectively change the immigration rules on the qualifying criteria for settlement under the Highly […]

...
30th November 2007
BY Free Movement

I said some time ago that I would do a post on this subject and here it is… The maintenance requirement is one of the key tests in the immigration rules, and it […]

...
7th August 2007
BY Free Movement

In the fourth quarter of 2006, the most recent statistics available on asylum applications, 730 unaccompanied children applied for asylum in the United Kingdom. The total number of child asylum […]

...
22nd May 2007
BY Free Movement

On 1 May 2007 a new immigration category was created, called the International Graduates Scheme. This supersedes and replaces the previous Science and Engineering Graduates Scheme, affectionately known as SEGS. […]

...
21st May 2007
BY Free Movement
Login
Or become a member of Free Movement today
Verified by MonsterInsights