Category Archives: Post Study Work

The new graduate immigration route for students

The Tier 1 (Post Study Work) visa category (PSW) was axed on 5 April 2012. In order to attract the “best and the brightest” to the UK, a new Tier 1 (Graduate Entrepreneur) visa scheme was devised to replace the … Continue reading

Posted in Article 8, ECHR, Immigration Cap, Immigration Rules, Politics, Post Study Work, Settlement | 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

Parental Conduct and the Seven Year Rule

NS (Sri Lanka) and Ors concerns whether section 117B(6) of the 2002 Act permits parental conduct to be taken into account when answering the vexing question of the reasonableness of expecting a child with seven years’ residence to leave the … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, False Statements and Misrepresentations, Families, Immigration Act 2014, Immigration Rules, Misconduct, Nigeria, Post Study Work, Proportionality, Public Interest, s 55 BCIA, Settlement, Sri Lanka, Tribunals, UKSC | 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

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: 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