Category Archives: Dependants

Immigration Rules Changed Again

Yet another set of changes in the immigration rules is around the corner and most of these will enter into force on 13 December 2012. To this end, Statement of changes in Immigration Rules HC 760 envisages a plethora of … Continue reading

Posted in Dependants, Immigration Rules, PBS, Settlement, UKBA 2007 | Tagged , , , , | 1 Comment

Alvi: The Aftermath …

In the wake of the Alvi [2012] UKSC 33 judgment, a new Statement of Changes in Immigration Rules CM8423  (“the statement”) came into force on 20 July 2012. Weirdly, the statement – spanning an overwhelming 288 pages – also corrects cross-referencing errors in Appendix … Continue reading

Posted in Alvi, Article 8, Dependants, Exceptional Talent, Immigration Rules, Tier 1, Tier 2 | Tagged , , , | 2 Comments

Family Migration and Article 8′s New Dress

Theresa May’s rabid immigration policies are no secret and the government is changing the Immigration Rules yet again. It is the eighteenth statement of changes in the Immigration Rules to be announced by the Home Office since the present government … Continue reading

Posted in Article 8, Dependants, Immigration Rules, Judges, Proportionality, Settlement | Tagged , , , , , | 7 Comments

President Blake blasts postal payments

Basnet (validity of application – respondent) Nepal [2012] UKUT 113 (IAC) (04 April 2012) A very large number of immigration applications are made in the post. In this important case the Upper Tribunal (President Blake and Judge Macleman) found that … Continue reading

Posted in Appeals, Cases, Dependants, Fees, Notices, Students, Tier 4, Tribunals | Tagged , , | Leave a comment

Case Comment: SI (variation/curtailment – human rights ground) Pakistan [2011] UKUT 00118 (IAC)

This brief case makes a hulking legal point. Moreover, it illustrates the games which the UKBA “plays” with the objects of its control. Although the outcome was not in favour of SI (the appellant), the case is quite valuable because … Continue reading

Posted in Article 8, Dependants, East African Asians, Families, Immigration Rules, Kenya, Pakistan, Removals, Sedley LJ, Settlement, SQVS, Tribunals, UKBA | Tagged , , , , , , , , , | Leave a comment

New student rules

As I entered the UK in the year 2000 under paragraph 57 of the immigration rules (as they were then in force), I could not resist writing about the changes to the immigration rules with respect to students. In the … Continue reading

Posted in Article 8, Dependants, PBS, Tier 1, Tier 4, UKBA | Tagged , , , | 1 Comment

New English tests are here

Via statement of changes to the rules CM 7944 the home secretary has introduced English language tests for spouses from today. This change will affect applications made by spouses, civil partners, unmarried partners, same-sex partners, fiancé(e)s and proposed civil partners who are involved with … Continue reading

Posted in Article 8, Dependants, English Tests, European Union, Immigration Law, Settlement, Spouses, UKBA | Tagged , , , , , | Leave a comment

Tier 1 (General) deleted and more

Despite not having a policy on EU migration the home secretary has proceeded to do what empire does best. Step on the have nots, the Indians, Pakistanis and Bangladeshis because empire is used to it. Equally citizens of these poor … Continue reading

Posted in Article 8, Dependants, Entrepreneurs, Immigration Cap, Immigration Rules, PBS, Tier 1, Tier 2, UKBA, Uncategorized | Tagged , , , , , , | Leave a comment

New UKBA fees

From  Monday 22 November the UKBA will introduce new application fees for applications for entry clearance (0verseas) and further leave to remain (in country)  for work, study or other purposes. The Agency is charging fees by setting them above the cost of … Continue reading

Posted in Biometric Cards, Business, Dependants, Economy, Employment, Fees, Immigration Cap, Immigration Law, Immigration Rules, PBS, Post Study Work, Settlement, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , | Leave a comment

English language tests for dependants

Changes in the immigration rules laid before Parliament in October 2010 will be introduced on 29 November 2010. From then on all dependants except those in the Points Based System will have to show competence in English at level A1 of … Continue reading

Posted in Article 14, Article 8, Bangladesh, Dependants, ECHR, Employment, English Tests, Immigration Law, Immigration Rules, India, Pakistan, PBS, Settlement, Spouses, UKBA | Tagged , , , , , , , , , | Leave a comment

Immigration cap faces judicial review challenge

The Coalition government introduced the immigration cap on 28 June 2010. The Joint Council for the Welfare of Immigrants (JCWI) has reported that it will challenge the cap in the High Court by way of JR proceedings. The JCWI’s response to the cap … Continue reading

Posted in Article 8, Business, Dependants, ECHR, Economy, Employment, Immigration Cap, Immigration Law, Immigration Rules, Judicial Review, Overseas Clients, Overseas Workers, Pankina, PBS, Settlement, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , , , | Leave a comment

Certificate of Approval fees refunds

In Baiai the House of Lords declared that the Certificate of Approval (COA) scheme was incompatible with article 8 of the ECHR as it disproportionately interfered with the fundamental right to marry. From 31 July 2009 applicants granted COAs between 2005 and 2009 … Continue reading

Posted in Article 8, Business, Cases, COA, Court of Appeal, Dependants, ECHR, Immigration Law, Immigration Rules, Overseas Workers, PBS, Post Study Work, Refugee Convention, Settlement, Tier 1, Tier 2, Tribunals, UKBA | Tagged , , , , , , , , , | Leave a comment

Tier 1 (General) November limit reached

In July 2010 we witnessed the coalition government’s introduction of a limit on the number of initial applications that the UKBA could issue under Tier 1 (General) of the Points Based System (PBS). The limit will persist until 31 March … Continue reading

Posted in Article 8, Business, Dependants, Downsizing, ECHR, Economy, Employment, Entrepreneurs, Immigration Cap, Immigration Law, Immigration Rules, Overseas Clients, Overseas Workers, PBS, Tier 1, Tier 2, UKBA, Working | Tagged , , , , | Leave a comment

Law Society’s views on the immigration cap

One would have to be quite stubborn and ill advised not to take gravely seriously the opinion of the Law Society of England and Wales (the society) in a legal matter. Yet the government seems determined to do just that. … Continue reading

Posted in Article 8, Dependants, ECHR, Economy, Employment, Immigration Cap, Immigration Law, Immigration Rules, Law Society, Overseas Clients, Overseas Workers, Post Study Work, Settlement, Tier 1, Tier 2, UKBA, Uncategorized, Working | Tagged , , , , , , , , , , | Leave a comment

The UKBA and the detention of children

Detention is one of the most analysed topics in legal discourse. Detaining minors is an extraordinary step and in this country there is a very proud tradition which sets aside juvenile offenders’ trial processes in comparison to the manner and … Continue reading

Posted in Article 14, Article 3, Article 5, Article 8, Children, Dependants, Detention, ECHR, G4S, Immigration Law, Immigration Rules, Persecution, Private Prisons, Refugee Convention, s 55 BCIA, Settlement, Spouses, UKBA | Tagged , , , , , , , | Leave a comment

Home Affairs Committee’s report on immigration cap

The chair of the Home Affairs Committee (HAC) the Rt Hon Keith Vaz MP has raised a multitude of concerns in his report about the Coalition government’s immigration cap. The terms of reference of the HAC were “to examine the expenditure, administration, … Continue reading

Posted in Article 8, Asylum, Business, Citizenship and Nationality, Dependants, Economy, Education, Employment, Entrepreneurs, Immigration Law, Immigration Rules, Overseas Clients, Overseas Workers, PBS, Post Study Work, Settlement, Spouses, Tier 1, Tier 2, Uncategorized, Working | Tagged , , , , , , , , , | Leave a comment

Home secretary signals end of settlement for skilled workers and students

Speaking on future action in relation to immigration policies while addressing the Conservative party conference the home secretary, Theresa May, intimated the government’s intentions to stop the right to permanent settlement for more than 100,000 skilled workers and 320,000 overseas students … Continue reading

Posted in AP (Russia), Article 14, Article 8, Asylum, Citizenship and Nationality, Constitution, Court of Appeal, Dependants, Economy, Education, Employment, Entrepreneurs, Fees, Immigration Law, Immigration Rules, PBS, Post Study Work, Settlement, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , , , , | Leave a comment

UKBA names Reliance as its new remover

After the continuing saga of Jimmy Mubenga’s death and the UKBA’s subsequent moratorium on forced removals which followed it, has been announced that the Agency’s current contractor G4S will no longer be removing immigration detainees from the UK. The private … Continue reading

Posted in Article 8, Asylum, Business, Cameroon, Cases, Dependants, Detention, ECHR, Employment, G4S, Immigration Law, Immigration Rules, Persecution, Private Prisons, Refugee Convention, Settlement | Tagged , , , , , , , , , , , | Leave a comment

Agency publishes Tier 1 statistics

The International Group of the UKBA published what it called the an “operational assessment” of Tier 1 of the Points Based System (PBS). The Agency’s document can be viewed here. It is very much the objective of the Agency’s document … Continue reading

Posted in Article 8, Business, Dependants, Economy, Employment, Entrepreneurs, Fees, Immigration Law, Immigration Rules, PBS, Persecution, Tier 1, UKBA, Working | Tagged , , , , , , , , | Leave a comment

Agency responds to Jimmy Mubenga’s death

Any lawyer with experience of detention centre work in the immigration field will be familiar with the term “IRC”. This acronym stands for the rather obnoxious term Immigration Removal Centre. The security company G4S is responsible for “running” these “facilities” … Continue reading

Posted in Asylum, Cases, Dependants, Detention, ECHR, G4S, Immigration Law, Immigration Rules, Private Prisons, Refugee Convention, Settlement, UKBA | Tagged , , , , , , | Leave a comment