This article explains how to make a successful change of conditions application where a person needs to lift the no recourse to public funds restriction (NRPF) from their grant of leave. This article is written for applicants as well as for the lawyers and advisors who may be assisting in...
The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that leave from accessing certain defined public funds, set out at paragraph 6 of the immigration rules. A person who deliberately claims public funds despite such...
Immigration applications are extremely expensive. Most requests for permission to stay in the UK (other than under the points based immigration system) now cost £1,258. In addition, applicants may need to pay an immigration health surcharge (£1,035 a year for adults and £776 for children). On average, therefore, migrants will...
The web of Rules and Guidance has become so tangled that even the spider has difficulty controlling it. So says Lord Justice Underhill in Mudiyanselage v Secretary of State for the Home Department [2018] EWCA Civ 65, the latest decision in a long lineage examining the much maligned Points Based...
In yet another case highlighting the absurdly hostile, bureaucratic and inflexible nature of the UK’s Points Based System the Court of Appeal has held that a Tier 1 Entrepreneur might benefit from a policy on evidential flexibility that was “much broader” than the rules themselves. The case is SH (Pakistan)...
Here on Free Movement Here on Free Movement the year 2015 was the blog’s biggest so far, with 1,600,000 page views from 660,000 visitors. The total number of page views since the blog began in 2007 now stands at 5,900,000. Free Movement content is widely read and shared, with over...
Welcome to the October 2015 edition of the Free Movement immigration update podcast. In this episode I talk about some big cases from the Supreme Court and Court of Appeal, several other important cases on unlawful detention and on EU law amongst other things, some upcoming policy level changes on...
Major changes to the Immigration Rules affecting refugees, Tiers 1, 2 and 5, EEA nationals sponsoring family members under the Immigration Rules, visitors, applications for Administrative Review and knowledge of language and life tests are being introduced with effect from tomorrow, 12 November 2015. The changes are wrought by Statement...
The Supreme Court has given judgment in the case of Mandalia v Secretary of State for the Home Department [2015] UKSC 59 about the interpretation and application of the Home Office’s Points Based System evidential flexibility policy. Regular followers of the blog will be familiar with this policy, which was...
The Court of Appeal condemns the complexity of the Points Based System in the case of Hossain & Ors v Secretary of State for the Home Department [2015] EWCA Civ 207. Lord Justice Beatson says at paragraph 30: The detail, the number of documents that have to be consulted, the...
In the case of Secretary of State for the Home Department v Raju & Ors [2013] EWCA Civ 754 the Court of Appeal has overturned the Upper tribunal’s earlier judgment in Khatel and others (s85A; effect of continuing application) [2013] UKUT 44 (IAC). The outcome is a further setback to...
On 22 November 2012 a new Statement of Changes was laid which brings in quite a few amendments to the Immigration Rules. A large proportion of those changes are yet again to clarify, correct and/or put into place what was apparently always intended with the July 2012 changes. Other changes...
Further to Sarah Pinder’s earlier post on this subject, I have been provided with a copy of the infamous “PBS PROCESS INSTRUCTION EVIDENTIAL FLEXIBILITY” document in response to a Freedom of Information Request. I am very grateful to Jane Heybroek [ed. valued occasional blog commenter!] for sharing it. A copy...
In another major end of term judgment the Court of Appeal has finally reviewed the legality of preventing reliance on new evidence at Points Based System appeals hearings. The case is Alam v Secretary of State for the Home Department [2012] EWCA Civ 960 and it includes a review of...
Kezia Tobin and Sarah Pinder recently broached this topic at a seminar given by Renaissance Chambers on 13 June 2012 digesting the procedural issues and most recent case-law involved and this post has been put together by them both to highlight some of the issues covered. The notes highlight the...
