Tag Archives: Immigration Rules

Strike Three For New Rules: Part 1

Ogundimu (Article 8 – new rules) Nigeria [2013] UKUT 60 (IAC) (08 February 2013)  Nigeria – Africa’s most populous country – is spearheading the campaign against deportation and Ogundimu is the third case in a row where the judiciary has sent … Continue reading

Posted in Article 8, Crime, Human Rights Act, Nigeria, Settlement | Tagged , , | 3 Comments

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

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

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 Polygamy

SG (child of polygamous marriage) Nepal [2012] UKUT 265 (IAC) (9 July 2012) The Upper Tribunal (“UT”, Justice Blake and Judge Dawson) has recently made it clear that in cases involving polygamy a child will not be able to join … Continue reading

Posted in Appeals, Article 8, Blake J, Children, Immigration Rules, Settlement | Tagged , , , , , | 1 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: 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

Family Migration and Article 8′s New Dress

Theresa May’s rabid immigration policies are no secret and the government is changing the Immigration Rules yet again. It is the eighteenth statement of changes in the Immigration Rules to be announced by the Home Office since the present government … Continue reading

Posted in Article 8, Dependants, Immigration Rules, Judges, Proportionality, Settlement | Tagged , , , , , | 7 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

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

Home secretary loses marriage visa case

R (on the application of Quila and another) (FC) (Respondents) v Secretary of State for the Home Department (Appellant) R (on the application of Bibi and another) (FC) (Respondents) v Secretary of State for the Home Department (Appellant) [2011] UKSC … Continue reading

Posted in Article 8, Chile, Court of Appeal, Forced marriage, Human Rights, Immigration Rules, Pakistan, Spouse visa | Tagged , , , , , | 4 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 Uncategorized, PBS, Tier 1, Immigration Rules, Tier 2, UKSC, Pankina, Employment, Immigration Cap, JCWI | Tagged , , , , , , , | 1 Comment

Domestic violence and settlement: a Gujarati case

Earlier in the year the Director of Public Prosecutions (DPP) Keir Starmer QC highlighted the need to tackle domestic violence (DV) – see his speech Domestic Violence: the facts, the issues, the future. Starmer argued that the saying “it’s just … Continue reading

Posted in Article 8, Domestic Violence, DPP, Gujarat, Immigration Rules, India, Settlement, Tribunals, UKBA | Tagged , , , , , , | Leave a 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 PBS, Immigration Rules, UKBA, UKSC, Article 8, India, Spouses | 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

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

Case Comment: FW v SSHD [2011] EWCA Civ 264

Lies and false statements in immigration applications are a common problem. Many a “clever” foreigner, often meritorious enough to qualify for the coveted Post Study Work visa, has fallen foul of the deception rules. It really isn’t a great idea … Continue reading

Posted in Article 8, Court of Appeal, European Union, False Statements, Frontex, Immigration Rules, Kenya, Nigeria, Post Study Work | Tagged , , , , , | Leave a comment