Pankina Reliefs

Pankina, or AP (Russia) was a landmark case and it has given rise to a multitude of new issues in immigration law. The case demonstrates that the Points Based System (“PBS”) is susceptible to legal challenges which are constitutionally well grounded. The latest consequence of the successful challenge in Pankina is that applications which were refused because of a deficiency in the Maintenance (Funds) requirement will be provided relief by way of reconsideration. Migrants will have until 22 June 2011 to make use of the relief provided. The applications concerned will be in Tiers 1,2,4, and 5 of the PBS and will be reconsidered in the following two categories consisting of persons who:

  • Applied up to and including 22 July 2010, whose applications were refused because of what at the time of application were considered inadequate Maintenance (Funds) only, and who are lawfully in the United Kingdom at the time when they request reconsideration.
  • Applied for entry clearance under Tiers 1, 2, 4 and 5 of PBS, including dependants, and who applied between 23 June and 22 July 2010 (inclusive), and whose applications were refused because of inadequate Maintenance (Funds) only.

The new tests which have been set out in the post-Pankina policy guidance are distributed in chronological categories. Moreover, two categories further divide applications as either “in” or “out-of-country” (“overseas”) applications.

Applications made in the UK :

Applicants are required to demonstrate that they hold the required level of funds at the closing balance on any one day during the one-month period prior to the date of application.

Applications made overseas:

Applicants are required to demonstrate that they hold the required level of funds at the closing balance on any one day during the one-month period prior to the date of application.

About Asad Khan

Advocate High Courts of Pakistan
This entry was posted in AP (Russia), Article 8, Cases, Constitution, Consultation(s), ECHR, Immigration Law, Immigration Rules, Pankina, PBS, Post Study Work, Russia, Tier 1 and tagged , , , , , , , . Bookmark the permalink.

One Response to Pankina Reliefs

  1. Kris says:

    Hi,

    Should’nt the Home office revise all its illegal (maintenance related) decisions (whether in-country or out of country) rather than revise just the decisions for in-country applicants submitted until July 23rd?

    Thanks.

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