Category Archives: Tier 4

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

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

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

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

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

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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

Case Comment: JA (revocation of registration – Secretary of State’s policy) India [2011] UKUT 52 (IAC)

Having glanced at this case, I noticed that I have been to visit the place which used to be called “The London School of Business and Computing” (LSBC) on behalf of a Gambian gentleman (“Mr G” – an overstayer) who phoned … Continue reading

Posted in Tier 4, Tribunals | Tagged , , | 1 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

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

Student visa changes

The home secretary’s announced immigration shakeup is really beginning to bite. If it’s not restaurants she’s after it’s students! The latest with the UKBA is that since 41 per cent of the students entering the country on the Tier 4 … Continue reading

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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