Category Archives: PBS

Court of Appeal holds that a ‘director’s loan’ does not have a specialist meaning in Tier 1 (Entrepreneur) applications

R (Sajjad) v Secretary of State for the Home Department [2019] EWCA Civ 720 (17 April 2019) In a Pakistani businessman’s appeal against the dismissal of his application for judicial review against the refusal of his application for further leave … Continue reading

Posted in Business, Companies Act 2006, Court of Appeal, Entrepreneurs, Immigration Rules, Judicial Review, Pakistan, PBS, Tier 1, UKSC | Tagged , , , , , , | Leave a comment

Paragraph 322(5) and Tier 1 (General): Home Office policy of refusing ILR in earnings discrepancy cases is ‘legally flawed’

Balajigari v Secretary of State for the Home Department [2019] EWCA Civ 673 (16 April 2019) In a complex judgment, the Court of Appeal has held that the ongoing use of paragraph 322(5) of the Immigration Rules in the cases … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Judicial Review, Paragraph 322(5), PBS, Settlement, Tier 1, Tribunals, UKSC, Windrush | Tagged , , , , , , , , | 2 Comments

Scottish Perspectives on Paragraph 322(5) and ILR

Oji (Nigeria) v Secretary of State for the Home Department [2018] CSOH 127 The petitioner, or claimant, Mr Collins Oji was a Nigerian national who applied for indefinite leave to remain (ILR) on 19 February 2016 along with his dependent … Continue reading

Posted in False Statements and Misrepresentations, Immigration Rules, Judicial Review, Nigeria, Paragraph 322(5), PBS, Scotland, Tier 1, Working | Tagged , , , , , , | Leave a comment

Ticking the Fee Box: Crucial Guidance on Authorising Payment and Validity of Immigration Applications

Kousar & Ors v Secretary of State for the Home Department [2018] EWCA Civ 2462 (07 November 2018) Giving guidance on the scope of the earlier Basnet [2012] UKUT 113 (IAC) principle concerning the rejection of applications as invalid, the Court … Continue reading

Posted in Appeals, Court of Appeal, Families, Immigration Rules, Pakistan, PBS, Proportionality, Tier 1, Tribunals | Tagged , , , , , , , | Leave a comment

The Court of Appeal on Substantive and Procedural Fairness

Pathan & Islam v Secretary of State for the Home Department [2018] EWCA Civ 2103 (02 October 2018) Fairness in official decision-making is an important virtue in public law. Dismissing the judicial review claim involving Tier 2 (General) of the … Continue reading

Posted in Court of Appeal, Economy, Immigration Rules, Judicial Review, PBS, Post Study Work, Students, Tier 2, Tier 4 | Tagged , , , , , , , | Leave a comment

Tier 1 (General): Perspectives on Paragraph 322(5) and ILR

Cases in the Tier 1 (General) category present an outrage because we would not really expect highly skilled migrants to be punished for being honest by paying their taxes. Similarly, we would also not expect migrants who add value to … Continue reading

Posted in Appeals, Article 8, Cases, ECHR, False Statements and Misrepresentations, Immigration Rules, Judicial Review, Misconduct, Pakistan, Paragraph 322(5), PBS, Post Study Work, Proportionality, Public Interest, Tier 1, Tribunals | Tagged , , , , , , , , | 4 Comments

Statement of Changes in Immigration Rules HC 1154

Interestingly, by virtue of Statement of Changes in Immigration Rules HC 1154, the Home Office claims to extend its commitment to protect and support the most vulnerable people while simultaneously purporting to encourage highly talented students and workers to remain … Continue reading

Posted in Brexit, Children, Exceptional Talent, Financial Services, Immigration Act 2016, Immigration Rules, Investors, PBS, Settlement, Students, Tier 1, Tier 2, Tier 4 | Tagged , , , | Leave a comment