Category Archives: Tier 2

Court of Appeal on Children’s Duty

EV (Philippines) & Ors v Secretary of State for the Home Department (SSHD) [2014] EWCA Civ 874 (26 June 2014) The Court of Appeal (Jackson, Lewison & Christopher Clarke LJJ) went for overkill in this case about the best interests … Continue reading

Posted in Article 8, Children, Court of Appeal, Hale JSC, s 55 BCIA, Tier 2 | Tagged , , , , | 1 Comment

Spectres of Pankina: The Rules, Fairness and Article 8

Ferrer (limited appeal grounds; Alvi) Philippines [2012] UKUT 304 (IAC) (01 August 2012) This is a recent Upper Tribunal (“UT”, Judges Storey and Lane) case involving the Alvi [2012] UKSC 33 and Pankina [2010] EWCA Civ 719 genre of cases. The … Continue reading

Posted in Alvi, Article 8, Immigration Rules, Philippines, Sedley LJ, Tier 2, Work Permits | Tagged , , , | Leave a 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

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

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

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

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

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

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

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

Detention, enforcement and removals revised

The UKBA has revised  3 chapters of thier enforcement instructions and guidance. The said chapters are: Chapter 31 – Enforcement visits Chapter 43 – Personal safety in enforcement work Chapter 61 – Arrest teams – operational procedures Apart from republishing the … Continue reading

Posted in Article 5, Detention, Tier 2, 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

Agency’s interim limit for Tier 2 reveals conflicting figures

We have now officially entered a very grim period in modern British history which is beginning to mirror the horrors and discrimination which the British authorities imposed on the “citizens of the United Kingdom and the Colonies” by way of … Continue reading

Posted in AP (Russia), East African Asians, Immigration Cap, Immigration Rules, Kenya, Pankina, PBS, Tier 2, UKBA | Tagged , , , | Leave a comment

The Tier 2 (General) sponsorship licence interview

The situation in relation to sponsoring migrants to work in the UK is quite tense and the government seems hell-bent on marching on with its mad cap. Although the government has expressed its disregard for the law I just wanted to … Continue reading

Posted in PBS, Tier 2, UKBA, Working | 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