All Articles: Immigration rules

Rules change to be debated

The Lib Dems have tabled an objection to the latest Immigration Rules changes, covered earlier here on the blog. Under the ‘scrutiny-lite’ negative resolution procedure by which the rules become law there will therefore, unusually, be a de ...

25th February 2010 By

Mandatory refusals and contriving to frustrate

I’ve just come across an interesting little judgment on mandatory refusal cases. It is only a permission decision so it has limited precedent value, but it is worth highlighting. The case is SA (Pakistan) v SSHD [2009] EWCA Civ 1510 and concerns ...

18th February 2010 By

New student 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 Points Based System gets worse and worse and excludes more and more fee-payi ...

15th February 2010 By

New removals policy

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 72 hour notice period for removals is to be waived in a wide range of c ...

21st December 2009 By

Albanian/Kosovar deprived of British citizenship by Presenting Officer

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 in the case, thereby depriving him of his British ci ...

15th October 2009 By

New PBS decision: not good news

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, which speaks for itself: i. The new-style Immigration Rules governing Tier 1 (Po ...

3rd July 2009 By

PBS decision on the way

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 had a gossip, and he tells me that he was recently at Processions House, the temporary home ...

15th June 2009 By

First reported PBS appeal decision

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 Spencer finds that a person has not been awarded a qualifi ...

9th June 2009 By

Points Based System changes

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 to 30 September 2009, meaning the applicant need only show the ...

1st June 2009 By

Points Based System in trouble

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 more posts (or comments, below) will follow as details bec ...

26th May 2009 By

Forced marriages and the new visa age

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 to unmarried, same sex and civil partners. As discussed previously on this blog, the justifi ...

26th May 2009 By

Mind your language

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 new rules target bogus colleges and education cheats‘. The words ‘bogus ...

31st March 2009 By

Unmarried partners

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 that, unlike for spouses and civil partners, a person with ...

23rd February 2009 By

Spouse and partner visa concession

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 to spouses and partners seeking entry to accompany or join immigrants in the temporary visa ...

15th December 2008 By

Seven year children policy withdrawn

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 of 9 December 2008. This was the seven year policy under which a child resident in the ...

10th December 2008 By

In memoriam

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 nationals. It was always problematic, to be honest. Whites could get i ...

27th November 2008 By

Long residence rules

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 ILR) after a long period of residence in the UK. There is also a thi ...

25th November 2008 By

David Cameron opposes immigration rules change

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 were badly drafted and needed almost instant amendment a ...

12th November 2008 By

Changes to student rules

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 the Statement of Intent with the details of t ...

5th November 2008 By

Minimum age for marriage visas to rise to 21

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 27 November 2008. The history is that a consultation was put out in 2007 a ...

4th November 2008 By

Proxy marriages

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] UKAIT 00080. There seem to be a lot of these Brazilian ...

30th October 2008 By

Third party support

[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 Immigration Tribunal’s approach to the question of what lawye ...

21st October 2008 By

Visitor proliferation

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 it now gives us when making planned changes to the r ...

17th October 2008 By

Aussie Tier 1 refusals

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 (e.g. payslips) that show the person has worked for more than ...

11th September 2008 By

Shortage occupation list published

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 it will rain again. ...

9th September 2008 By

Reviews of ECO decisions

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 for a review, you shouldn’t have to make a second ap ...

13th June 2008 By

Changes to immigration rules

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 remember a number of occasions when they have been so ill conceived they’ve h ...

10th June 2008 By

Contriving to frustrate

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 as follows: ‘Contrived in a significant way to undermine the int ...

5th June 2008 By

New guidance on rule 320(7B) refusals published

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 was rather optimistic) ...

20th May 2008 By

New concessions on re-entry ban

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, the Minister, and extracted three excellent concessions. All credit to those responsible, ...

15th May 2008 By

Guidance on DP3/96 cases

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 and Guidance (formerly known as the Operating Enforcement Manual ...

14th May 2008 By

Legitimate expectation

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 with individual politicians, of whom you can’t g ...

2nd May 2008 By

DP3/96 revoked II

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 at least 1993, there has been a policy that where a British citizen marries a foreign nati ...

25th April 2008 By

Unmarried partners

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 mildly. Back in The Day, the tribunal used to send c ...

22nd April 2008 By

More news on the re-entry ban

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 (see here, here and here for previous posts ...

14th April 2008 By

Guidance published on re-entry ban

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 to be sticking to the strict terms of the concession ...

8th April 2008 By

Re-entry ban concession

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 UK who leave before 1 October 2008.  This really does not make sense as it penalises those who h ...

19th March 2008 By

Re-entry ban for illegal immigrants

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 in the House of Lords last night. This is very rare for cha ...

18th March 2008 By

Permission granted to HSMP challenge

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 Skilled Migrant Programme. The case will now proceed to ...

30th November 2007 By

Maintenance without recourse to public funds

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 applies to all categories of immigrant except refugees and their families. To meet th ...

7th August 2007 By

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