Category Archives: Tier 1

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

Overstaying, flight side service and re-entry

The case of Singh (paragraph 320 (7A) – IS151A forms – proof) [2012] UKUT 00162 (IAC) is all about the cat and mouse charades which take place between the UK Border Agency and the subjects of immigration control. Moreover, the … Continue reading

Posted in Appeals, Domestic Workers, False Statements, Heathrow, Immigration Rules, Notices, Removals, Tier 1, WHM | Tagged , , | Leave a 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

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

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

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

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

April rules

The government has exempted niche professions such as bankers, lawyers and other migrants with high earnings from its immigration cap ( but only if they earn in excess of £150,000 per annum). This is redolent of the top-tier of the … Continue reading

Posted in AP (Russia), Employment, Immigration Rules, Pankina, PBS, Tier 1, Tier 2 | Tagged , , , , | Leave a comment

Economics of the Post Study Work visa

British educational institutions such as the London School of Economics and Political Science (LSE) are resisting the government’s plans to delete the PSW visa category from the immigration rules. It has been acknowledged by the Immigration Minister Mr Damian Green that … Continue reading

Posted in AP (Russia), Article 8, Employment, Immigration Rules, Post Study Work, Tier 1 | Tagged , , , , | 2 Comments

R (on the application of JCWI) v SSHD [2010] EWHC 3524

This is the judgment of the PBS judicial review. JCWI have posted a blog entry on the decision. Immigrants are very grateful to the Council for their leadership. At paragraph 37 the Court stated: It follows, in my judgment, that … Continue reading

Posted in Article 8, Immigration Cap, Immigration Rules, Pankina, PBS, Tier 1, Tier 2 | Tagged , , , | Leave a comment

Agency finally corrects Tier 2 (General) information

In December 2010 the UKBA had misinformed the public about its Tier 2 (General) CoS limit. It published the limit on CoS as 10,382 whereas the limit was 10,832. I had posted about it at the time. Yet it has … Continue reading

Posted in Article 8, Immigration Rules, Tier 1, Tier 2 | 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

Government’s response to lost PBS review

The government has already started to whip up its rhetoric by talking tough in the face of its defeat in the High Court yesterday. Immigration Minister Damian Green has said that the “judgment will have no impact on the permanent … Continue reading

Posted in Immigration Cap, Immigration Rules, PBS, Tier 1, Tier 2, UKBA, Working | Tagged , , , , | Leave a comment

Immigration cap declared unlawful by High Court

In the High Court Lord Justice Sullivan and Mr Justice Burton have declared that Mrs Theresa May unlawfully side-steped Parliamentary scrutiny when setting the limits to Tiers 1 and 2 which she introduced in July 2010. Since Sedley LJ  restored constitutional order in … Continue reading

Posted in AP (Russia), Employment, Immigration Cap, Immigration Rules, Judicial Review, Tier 1, Tier 2 | Tagged , , , | Leave a comment

Agency publishes summary guidance for employers

There is so much illegal working in the UK that it really is unbelievable. And rather than do anything to enforce the law according to the standards which are safe, all the UKBA can do is issue guideline upon guideline … Continue reading

Posted in Article 8, Employment, Immigration Rules, Tier 1, Tier 2, UKBA, Uncategorized, Working | 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

Post Study Work category to end next year

On the day that British students will march against the increases in home students’ fees, Mrs Theresa May has announced her government’s plans to close the PSW route for foreign graduates. It has been reported that last year the route … Continue reading

Posted in AP (Russia), Article 8, Pankina, Post Study Work, Tier 1, UKBA | Tagged , , , | 1 Comment

New rules from April 2011 unveiled

Singing his songs of freedom Rastaman Marley sang something like “if the cap fit let them wear it” and, rather than wearing a big cap on her little head, the SSHD should follow Bob’s wise advice. Pundits in London’s “policy” … Continue reading

Posted in Article 8, PBS, Tier 1, Tier 2, Tier 4, UKBA, Uncategorized | Tagged , , , , | Leave a comment

New Pankina announcement

In Pankina – or AP (Russia) – Sedley LJ asked the SSHD and the UKBA to refrain from using policy guidance to modify the immigration rules because the policy guidance had not been approved by Parliament. While the UKBA is trying … Continue reading

Posted in AP (Russia), Court of Appeal, Immigration Rules, Judicial Review, Pankina, PBS, Post Study Work, Tier 1, Tier 2 | Tagged , , , , , | Leave a comment