All Articles: Tier 4

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 […]

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11th September 2020
BY Nath Gbikpi

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 […]

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13th July 2020
BY Nichola Carter

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 […]

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21st May 2020
BY Nichola Carter

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 […]

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25th November 2019
BY Nichola Carter

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 […]

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16th October 2019
BY Esyllt Martin

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 […]

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11th September 2019
BY Colin Yeo

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 […]

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26th March 2019
BY Iain Halliday

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 […]

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19th March 2019
BY Nichola Carter

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 […]

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5th February 2019
BY Nichola Carter

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 […]

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11th September 2018
BY CJ McKinney

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 […]

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27th February 2018
BY Gabriella Bettiga

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 […]

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31st January 2018
BY Pip Hague

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 […]

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15th December 2017
BY Iain Halliday

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 […]

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11th January 2017
BY Colin Yeo

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 […]

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8th December 2016
BY Colin Yeo

“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 […]

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16th May 2016
BY Colin Yeo

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 […]

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13th May 2016
BY Colin Yeo

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 […]

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29th March 2016
BY Caterina Franchi

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 […]

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29th September 2015
BY Colin Yeo

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 […]

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18th June 2015
BY Colin Yeo

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 […]

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17th May 2015
BY Colin Yeo

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 […]

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10th June 2014
BY Colin Yeo

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 […]

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6th June 2014
BY Vijay Jagadesham

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 […]

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5th December 2013
BY Colin Yeo

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 […]

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1st August 2013
BY Colin Yeo

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 […]

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23rd July 2013
BY Colin Yeo

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 […]

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19th July 2013
BY Colin Yeo

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 […]

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29th April 2013
BY Free Movement

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 […]

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30th April 2012
BY Sarah Pinder

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 […]

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1st March 2012
BY Sarah Pinder

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 […]

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15th February 2012
BY Sarah Pinder

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 […]

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14th February 2012
BY Free Movement
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