Is a statement of changes even a statement of changes nowadays if it doesn’t introduce a new appendix to the Immigration Rules? On 10 September 2020, the government laid the […]
Immigration lawyers up and down the land leapt out of bed this Monday morning, eager to glut out on the promised detail of the UK’s new points-based immigration system. How […]
On 19 May 2020, a number of media outlets reported that there will be no face-to-face lectures at Cambridge University until summer 2021. The university issued a statement the next […]
Today sees the start of industrial action, including strikes, across 60 universities. Members of the University and Colleges Union are striking over pensions, pay and conditions for the next eight […]
September and October are important and busy enrolment periods for Tier 4 student visa sponsors. Immigration compliance teams had enough to contend with this academic year with the introduction of […]
The two-year post study work visa has returned from the dead, apparently. Multiple statements, from the Prime Minister, the Business Secretary, the Department for Education and, last and least, the […]
Depending on which pundit you speak to, a no-deal Brexit has either got more likely or less likely over the last couple of weeks. It remains the default if the […]
The Home Office amended its definition of a ‘professional sportsperson’ back in January 2019. At the time, I set out why I thought the changes were significant: Why coaching your […]
The government recently published information about arrangements for EU citizens who move to the UK after the UK leaves the EU in the event of a no-deal Brexit. The proposals […]
Immigration lawyers helping sponsoring universities navigate the complexities of the Points Based System naturally have an economic interest in overseas students — but then so does the rest of the […]
Last week the Court of Appeal dealt with the issue of fairness and discretion in the context of the Points Based System. Specifically, it decided that such values take a […]
In the High Court last month, Mrs Justice Moulder found that the Home Office had gathered partly unreliable intelligence in the course of an investigation into a college, breaching its […]
Today’s decision in Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134 confirms that if the Home Office wishes to impose visa conditions, it must give people […]
The President of the Immigration and Asylum Chamber of the Upper Tribunal has found that the Home Office abused its power in forcing a college to expel a student and deliberately depriving […]
The Points Based System is notoriously complex and indecipherable. Initially I believe this was simply incompetence on the part of Home Office officials unable to communicate in plain English and […]
“Technical”, “deeply unattractive”, “disingenuous”, “singularly lacks merit”, “ridiculous”, “inappropriate”, “extraordinary”. All words used by Elias or Vos LLJ to describe the arguments advanced by the Home Office in the course […]
President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in the case of SM and Ihsan […]
A recent report by the Chief Inspector of Borders and Immigration, David Bolt, revealed that the management of curtailment decisions in Tier 4 cases is inconsistent and the Home Office is […]
Back in the day, One Direction enjoyed considerable success and dominated the reported charts. Without a picture in the attic, though, good fortune and good looks cannot last forever. Decline […]
The Upper Tribunal has given judgment in a test case on ETS appeals and judicial reviews: R (on the application of Gazi) v Secretary of State for the Home Department […]
Having just finished drafting grounds for judicial review in a case involving a refusal of a Tier 4 study application on the grounds that the applicant was not a “genuine […]
A new Statement of Changes to the Immigration Rules (HC 198) corrects an earlier botched attempt to change the rules by fiat and remove discredited Educational Testing Services (ETS) as providers […]
This post has been contributed by, Vijay Jagadesham, who represented the College in Global Vision College Ltd v SSHD[2014] EWCA Civ 659. Readers would be forgiven for thinking that this question was […]
The rules governing the PBS are set out in the Immigration Rules and the appendices to those rules. These provisions have now achieved a degree of complexity which even the […]
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 […]
The Supreme Court has held the Points Based System’s sponsor licensing scheme is lawful. As Nicola Carter observes, sponsors may be disappointed with the result in R (New London College […]
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 […]
ACCA not a degree says High Court Zane has suggested on Twitter he is appealing but this looks pretty authoritative, at least in cases that were decided before the Supreme […]
The trend is continuing with the fairly recent Upper Tribunal decision of Basnet (validity of application – respondent) [2012] UKUT 00113 (IAC). This concerns applications rejected as invalid specifically due […]
I recently acted in an appeal concerning a Tier 4 Student application in which the sole reason for refusal concerned the appellant’s English language ability. Since April 2011 all degree–level […]
The latest case on fairness and the Secretary of State’s duty within the Points-Based System was published earlier last month. Naved (Student – fairness – notice of points) [2012] UKUT […]
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 […]