Category Archives: PBS

A Tale Of Two Colleges: Supreme Court Upholds Sponsorship Guidance But Questions The Immigration Act’s Efficacy

New London College Ltd, R (on the application of) v Secretary of State for the Home Department [2013] UKSC 51 (17 July 2013)  Only a year sets the R (Alvi) v SSHD [2012] UKSC 33 and R (New London College … Continue reading

Posted in Education, Immigration Rules, Pankina, PBS, Sedley LJ, Tier 4 | Tagged , , , , | Leave a comment

War On Students: It’s Not Cricket

Call him what you will (some people call him plain crazy), but on student immigration London’s cricket bat wielding/football kicking mayor Boris Johnson has got things dead right: “Against illegals, yes. Against talent, no. In football as in the economy … Continue reading

Posted in Economy, Immigration Rules, India, PBS, Students | Tagged , | 1 Comment

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

Challenging the Restriction on Alvi’s Scope

Like its predecessor Statement of Changes Cm8423, the explanatory memorandum to Statement of Changes HC 565 expressed the government’s regret in relation to the fact that the changes to the Immigration Rules did not (yet again) comply fully with the … Continue reading

Posted in Alvi, Article 8, Judicial Review, Pankina, PBS, Sedley LJ, UKSC | Tagged , , , | Leave a comment

Article 8 and Kafka: Students under Chikwamba

Secretary of State for the Home Department v Hayat (Pakistan) [2012] EWCA Civ 1054 (31 July 2012) The question where an article 8 claim should be made often arises? At times this is a hard question to answer but the … Continue reading

Posted in Article 8, Court of Appeal, Immigration Rules, Pankina, PBS, Tier 4 | Tagged , , , , | Leave a comment

Alvi: Every “Rule” Must Be Laid

R (on the application of Alvi) (Respondent) v Secretary of State for the Home Department (Appellant) [2012] UKSC 33 This case began as a “simple” Tier 2 (General) application under the points-based system (PBS). Yet the refusal of Mr Alvi’s application ended up … Continue reading

Posted in Court of Appeal, Immigration Rules, Pankina, PBS, Sedley LJ, Tier 2, UKSC | Tagged , , , | Leave a comment

Case Preview: Alvi and Munir in Supreme Court

The latest post on Alvi is available here. For the impact of Alvi on the Immigration Rules see post here. The latest post on Rahman, Munir and DP 5/96 is available here. Original post continues below. Writing last week on the … Continue reading

Posted in Article 8, Cases, Immigration Rules, Pankina, PBS, Sedley LJ, Settlement | Tagged , , , , , | 13 Comments

A rule is a rule

Miah & Ors v Secretary of State for the Home Department [2012] EWCA Civ 261 (07 March 2012) This is an important case. The Court of Appeal (Maurice Kay, Stanley Burnton and Lewison LJJ) unanimously decided that there was no … Continue reading

Posted in Bangladesh, Court of Appeal, ECHR, Pankina, PBS, Tier 2 | Tagged , , , , | 1 Comment

Statistiken, Gastarbeiter und Wirtschaft

A week ago the Office for National Statistics published its Migration Statistics Quarterly Report February 2012. The summary included the following points: Estimated total long-term immigration to the UK in the year to June 2011 was 593,000. This compares to 582,000 in … Continue reading

Posted in Business, Economy, Immigration Rules, PBS, Settlement | Tagged , , | Leave a comment

Students, cancellation, curtailment and private life

Fiaz (cancellation of leave to remain – fairness) Pakistan [2012] UKUT 57 (IAC) (22 February 2012) Facts Having one’s leave/visa curtailed is quite a serious matter but to have it cancelled is a lot worse. In this case the appellant … Continue reading

Posted in Arrivals, Article 8, Blake J, ECHR, False Statements and Misrepresentations, Immigration Rules, Pakistan, PBS, Students | Tagged , , , , | 1 Comment

April changes to points-based system

The Immigration Rules are changed all the time. No part of the rules has been varied as much as the points-based system (PBS). The purpose of the PBS was to harmonise the old rules which brought about its creation. Yet, … Continue reading

Posted in Immigration Rules, PBS, Post Study Work, Tier 1, Tier 2, Tier 4 | Tagged , , | 3 Comments

Work permits, earnings and settlement

Philipson (ILR – not PBS: evidence) India [2012] UKUT 39 (IAC)  In the work categories under the immigration rules, earnings are vital for extensions and acquiring settlement rights (or Indefinite Leave to Remain). But, as the Upper Tribunal (Mr Justice … Continue reading

Posted in Article 8, Blake J, PBS, s 19 UKBA 2007, Settlement, Tier 2, Work Permits | Tagged , , , | Leave a comment

Court of Appeal wants “common sense” in PBS

In Agubata v Secretary of State for the Home Department [2012] All ER (D) 151 (Jan) the Court of Appeal (Mummery, Etherton and Sullivan LJJ) delivered extempore judgment in a Tier 4 points-based system case on 26 January 2012. The case … Continue reading

Posted in Pankina, PBS, Students, Tier 4, Uncategorized | Tagged , , | Leave a comment

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

Points-based system, switching, etcetera

From July onwards last year Tier 1 (Post-Study Work) visa holders began to face difficulties in switching into Tier 2 (General) because it became virtually impossible to get the UKBA to grant new CoS in the £20,000–£23,999.99 salary band. New … Continue reading

Posted in Employment, Immigration Cap, Immigration Rules, JCWI, Pankina, PBS, Tier 1, Tier 2, UKSC, Uncategorized | Tagged , , , , , , , | 1 Comment

Poppycock claims

Just as day two in the Quila appeal kicks off (watch here or join the discussion here or please click the twitter blackbird pie item at the end of this post), I would just like to take the opportunity to state … Continue reading

Posted in Article 8, Immigration Rules, India, PBS, Spouses, UKBA, UKSC | 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

Tier 2 update

The 6 April 2011 changes in the immigration rules will modify Tier 2 (General) by dividing Certificates of Sponsorship (CoS) into ‘restricted’ and ‘unrestricted’ categories. In the restricted category, a cap of 20,700 will be maintained and 4,200 CoS will … Continue reading

Posted in MAC, PBS, Tier 2, 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