Category Archives: Immigration Law

Immigration Bill: Article 8 and Public Interest

The immigration bill has quite a lot to do with article 8 (right to respect for private and family life and one’s home and correspondence) of the European Convention on Human Rights. It is intended that the bill will speedily … Continue reading

Posted in Article 8, Automatic Deportation, Cases, Human Rights Act, Immigration Law, Removals | Tagged , , , , | 7 Comments

The Immigration Bill

Make no mistake about it. Immigration is the burning issue in the UK’s political arena. In May 2013, in setting out the legislative agenda, Her Majesty had explained that the government will bring forward a bill – ensuring that the … Continue reading

Posted in Article 8, Human Rights Act, Immigration Law, Immigration Rules, UKSC | Tagged , , , , | 2 Comments

Constitutional cases in the points-based system

Although many facets of immigration control in the UK can be changed there are some matters of principle which executive power cannot vary without the consent of Parliament. Equally, the debate about the exercise of the home secretary’s discretionary powers … Continue reading

Posted in Article 8, Cases, Constitution, Court of Appeal, High Court, Immigration Law, PBS, Sedley LJ, UKSC | Tagged , , , , | 2 Comments

Breach of Procedure Rules by Visa Officer: Cvetkovs (visa – no file produced – directions) Latvia [2011] UKUT 00212 (IAC)

This case – read judgment here – establishes that a failure by an ECO (“Visa Officer”) to supply documentary evidence under rule 13 of the Asylum and Immigration Tribunal (Procedural) Rules 2005 may result in directions being issued by the … Continue reading

Posted in Blake J, Cases, ECOs, Immigration Law, Judges, Latvia, s 19 UKBA 2007, Tribunals, Visitors | Tagged , , , , , , | Leave a comment

Case Comment: Shepherd Masimba Kambadzi (FC) (Appellant) v SSHD (Respondent) [2011] UKSC 23

The summarised facts of this case are that Shepherd Masimba Kambadzi (“SMK”), a national of Zimbabwe, arrived in the United Kingdom as a visitor with 6 months’ leave to enter on 30 October 2002. Subsequently, his leave was extended until … Continue reading

Posted in Article 5, Asylum, Court of Appeal, Detention, ECHR, Enforcement, High Court, Immigration Law, Private Prisons, Removals, UKBA, UKSC, Zimbabwe | Tagged , , , , , | Leave a comment

Case Comment: KC (South Africa) (FC) (Appellant) v SSHD (Respondent) – UKSC 2009/0188

The issues for the Supreme Court In KC (South Africa) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) – Case ID UKSC 2009/0188, the following questions arise for the UK Supreme Court (i) whether Article 14 of … Continue reading

Posted in Article 3, Asylum, Cases, Court of Appeal, ECHR, Immigration Law, Pankina, Persecution, South Africa, UKSC | Tagged , , , , , | Leave a comment

Case Comment: SO (imprisonment breaks continuity of residence) Nigeria [2011] UKUT 164 (IAC)

In this case, the issue before the UTIAC was whether time spent in custody is to be counted in the five-year period which an applicant requires to qualify as the family member of an EEA national in order to acquire … Continue reading

Posted in Cases, Detention, European Union, Immigration Law, Nigeria, Sedley LJ, Tribunals | Tagged , , , , | Leave a comment

Points-based system news

As of 6 April 2011 no sponsored migrant under Tier 2 (General) can be paid in cash. Moreover, restricted CoS can be applied for 3 months in advance (the earliest possible date). In paragraph 206 of the Sponsor Guidance, the … Continue reading

Posted in Article 8, ECHR, Immigration Law, Immigration Rules, Post Study Work, Tier 1, Tier 2, Tier 4, UKBA | Tagged , , , , | Leave a comment

Dirty cash we need you

Statement of changes HC 863 to the immigration rules was published by the government on 16 March 2011 and will come into force on 6 April 2011. It is a substantial document which makes various amendments. In sum, through the … Continue reading

Posted in AP (Russia), ECHR, Immigration Law, Immigration Rules, Pankina, PBS, Post Study Work, Special Talent, Tier 1, Tier 2 | Tagged , , , , , | 2 Comments

Pankina providence

This is the 100th post I am publishing on this website. Time sure does go by quickly. But I suppose that it is a propitious occasion to share some good news (at last!) with the world. Overseas applicants who were … Continue reading

Posted in AP (Russia), Immigration Law, Pankina, PBS | Tagged , , , | 2 Comments

Conservatives’ stillborn feminism

On 8 March 2011 Mrs Theresa May bigged up her party by putatively expressing solidarity with women’s causes on the occasion of the 100th International Women’s Day. With most people distracted by the ongoing debate about a “British Bill of … Continue reading

Posted in Asylum, ECHR, Immigration Law, Persecution, Spouses, UKBA, Women | Tagged , , , , , | Leave a comment

Prime Minister’s “speech”

History and political science are odd subjects. I recently posted on an Arab dictator who was universally acknowledged as a hero. But now I am forced, somewhat belatedly, to write about a leader of the western world – the British … Continue reading

Posted in Belgium, Egypt, France, Gandhi, Immigration Law, Islam, Muslims, Politics, Racism, Terrorism | Tagged , , , , , | Leave a comment

The Subject Access Request

Apologies for not having written for the past two weeks. There has been a lot of action in my native country of Pakistan and most of it has been bad of course. I’m trying to arrange another blog in relation … Continue reading

Posted in East African Asians, Enforcement, Gandhi, Immigration Law, Removals, SAR, Tribunals, UKBA | Tagged , , , , , , | Leave a comment

Revised IDI for family members

In its bid to provide free information (as dictated by statute) the UKBA yesterday took the step of publishing a revised chapter of its immigration directorates’ instructions (IDIs) which covers the topic of family members. The said IDI has been revised in … Continue reading

Posted in Article 8, ECHR, English Tests, Immigration Law, Immigration Rules | Tagged , , , , | Leave a comment

Revised detention guidance

The UKBA has updated Chapter 31 (Detention and detention policy in port cases) of its Immigration Directorates’ Instructions (IDIs). The Agency has also revised Chapter 55 (Detention and temporary release) of its Enforcement Manual. Everyone can only hope that the UKBA can adhere … Continue reading

Posted in Article 5, Article 8, Enforcement, Immigration Law, UKBA | Tagged , , , | Leave a comment

IPPR Review 2010/2011 says immigration to rise

The Institute for Public Policy Research (IPPR) has stated in its Migration Review 2010-2011 the the government’s policy on immigration in relation to restoring 1990s “tens of thousands” levels is bound to fail. The report also shed light on the … Continue reading

Posted in European Union, Immigration Cap, Immigration Law, Immigration Rules, IPPR, Settlement, Tier 1, Tier 2, Tier 4 | Tagged , , , , , | Leave a comment

Empire strikes back

From 23 December 2010 the UKBA will stop accepting Tier 1 (General) applications made overseas. According to the UKBA the step has been taken “to ensure that we do not exceed the limit set by the government for issued Tier … Continue reading

Posted in AP (Russia), Immigration Cap, Immigration Law, Immigration Rules, Pankina, PBS, Tier 1, Tier 2, UKBA, Uncategorized | Tagged , , , | Leave a comment

UKBA raids restaurants

Just as I just predicted yesterday restaurants are going to be tackled quite aggressively by the UKBA post the agency’s revised summary guidance announcement (and of course there’s the infamous immigration cap). Loads more arrests will follow no doubt. But these are … Continue reading

Posted in Business, Enforcement, Immigration Cap, Immigration Law, Working | Tagged , , | Leave a 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

New European family member form

A new version of application form EEA4 has been published by the UKBA. The form can be used by non-European Economic Area (EEA) nationals to apply for permanent residence in the UK if they qualify as family members of an … Continue reading

Posted in Article 8, European Union, Immigration Law, UKBA | Tagged , , | 1 Comment