Category Archives: PBS

Analysis: Immigration Act 2016

A hostile environment hitting wrongdoing from every angle has been in the making for a long time. The Immigration Act 2016 builds on the foundations laid by the “flagship” Immigration Act 2014. The public tends to view foreigners as stealing local … Continue reading

Posted in Asylum, Brexit, Children, Deportation, ECHR, Economy, Employment, Enforcement, European Union, Fees, Immigration Act 2014, Immigration Act 2016, Islam, PBS, Public Interest, s 55 BCIA | Tagged , , , , , , , , | 1 Comment

MAC Skewers Tier 1 Entrepreneur Visas

The home secretary’s advisers – the Migration Advisory Committee (MAC) – have found that the Tier 1 (Entrepreneur) visa route under the Points-Based System (PBS) is being used by “low quality businesses”. MAC, which consists of a publicly appointed chairman … Continue reading

Posted in Appendix FM, Economy, Employment, Entrepreneurs, Immigration Rules, PBS, Tier 1 | Tagged , , , , , | 1 Comment

Supreme Court Allows Evidential Flexibility Appeal

On 14 October 2015, a generous Supreme Court allowed four appeals in as many judgments. In Gohil [2015] UKSC 61 and Sharland [2015] UKSC 60, among other things, “opening the floodgates” the court held that Varsha Gohil and Alison Sharland … Continue reading

Posted in Article 8, Immigration Rules, Legitimate Expectation, PBS, Students, Tier 4, UKSC | Tagged , , , , | Leave a comment

Tier 1 Investor Visas ‘Not Fit For Purpose’

According to Professor David Metcalf OBE, Tier 1 (Investor) visas are “absolutely not fit for purpose” and he said the UK derives “absolutely no gain” from the operation of this golden system of immigration and citizenship for wealthy individuals. Quite … Continue reading

Posted in China, Citizenship and Nationality, Immigration Rules, Judicial Review, MAC, Pakistan, PBS, Settlement, Tier 1 | Tagged , , , | 2 Comments

Tier 1 Exceptional Tech Talent Visas

During colonial times, British bayonets and bullets butchered entire populations. The British were notorious for blowing people to bits at the cannon’s mouth. But now British battalions are chicken to pull the trigger in the battlefield against baddies such as … Continue reading

Posted in Afghan War, Business, ECHR, Exceptional Talent, Immigration Rules, Iraq, PBS, Tier 1 | Tagged , , , | 1 Comment

‘Evidential Flexibility’ in Supreme Court

Imagine that you made a mistake in your immigration application but were later able to fix the problem because of the “evidential flexibility” policy. This issue has vexed both litigants and the courts for quite some time now. On appeal … Continue reading

Posted in Court of Appeal, Immigration Rules, India, PBS, s 19 UKBA 2007, Students, Tier 4, Tribunals | Tagged , , , | 4 Comments

Court of Appeal: American Visitor’s Appeal Allowed

PG (USA) v The Secretary of State for the Home Department [2015] EWCA Civ 118 (26 February 2015) In this case, Elias and Fulford LJJ, Dame Janet Smith allowed Phyllis Gain’s appeal and remitted the matter to the Upper Tribunal … Continue reading

Posted in Article 8, Court of Appeal, Immigration Rules, PBS, Proportionality, Tier 2, Visitors | Tagged , , , , | Leave a comment