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UKVI News and Updates- Guidance: UKRI endorsement: endorsed funders (Global Talent visa)
- Guidance: Powers and operational procedure: caseworker guidance
- Guidance: UKRI endorsement: employing or hosting institutions (Global Talent visa)
- Guidance: Pakistan: country policy and information notes
- Guidance: Register of licensed sponsors: workers
- Guidance: Register of licensed sponsors: students
- Guidance: Unaccompanied asylum seeking children and leaving care: funding instructions
- Guidance: Visitors and transit: customer service standards
- Guidance: Visa processing times: applications outside the UK
- Transparency data: Ukraine Visa Schemes: visa data
- Global Corporate Law
- Key Features of the Singapore Convention on Mediation
- What is the test for a ‘one man company’?
- LIBOR: The Final Nail in the Coffin?
- Banking and Misconduct: A Critique of the Cure of Culture
- Court of Appeal Opens the Door to LIBOR and Benchmark Misrepresentation Claims
- Habib Bank Expelled From New York
- Supreme Court: Equity’s Darling and Guidance on Enforceability of Trusts where the Institution is Unknown
- Conduct Costs on the Rise (2012-2016): No End in Sight
- Supreme Court Clarifies the Law on Security and Enforcement of Foreign Arbitration Awards
- FSMA and Third Party Rights: Victory for FCA in Supreme Court
- Immigration News
- Starmer has laid out his plan to tackle asylum. Will it actually work? | Sunder Katwala
- ‘If Jacob Rees-Mogg wants to join us’ … Was Natalie Elphicke’s defection a step too far for Labour?
- Home Office faces legal challenge over risk of lone children being sent to Rwanda
- ‘Self-defeating’: senior Tories warn Sunak against clampdown on international students
- Revealed: thousands of ‘innocent and abandoned’ migrant care workers told to leave UK
- Labour government would halt Rwanda deportations from day one, Starmer says
- ‘Cringeworthy’: what people in Dover think of Labour and Keir Starmer – video
- Rebecca Hendin on small boats and the Eurovision song contest – cartoon
- ‘Hard truths’: how far will Starmer push to show Labour has changed?
- Home Office U-turn lets woman stay in UK with husband and son
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Category Archives: Tier 1
False representations made in pending application don’t ‘simply disappear’ by varying it to an ILR application
Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 (25 April 2024) The Court of Appeal has rejected the argument that the SSHD should not have refused Mr MN Wohhab Al-Azad’s application for indefinite leave to … Continue reading
Posted in Appeals, Bangladesh, Court of Appeal, Deception, Entrepreneurs, False Statements and Misrepresentations, Immigration Rules, Long Residence, Paragraph 322(5), Proportionality, Section 3C Leave, Tier 1, Tribunals
Tagged Case Law, Court of Appeal, Deception, False Representations, ILR, Immigration Rules, Long Residence, Settlement, Tier 1, Tribunals
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Three year delay in making decision on application is lawful
Zhou & Ors, R (On the Application Of) v Secretary of State for the Home Department [2024] EWCA Civ 81 (07 February 2024) The Court of Appeal has held that UT Judge Frances had not erred in refusing a family … Continue reading
Tier 1 (Investor) Migrant: Supreme Court stresses ‘unblinkered’ approach to analysing facts
Wang & Anor, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 21 (21 June 2023) The Supreme Court has allowed the SSHD’s appeal, and restored her decision to refuse leave to remain to … Continue reading
Poorly drafted long residence rules lead to avoidable litigation
R (Iyieke) v Secretary of State for the Home Department [2022] EWCA Civ 1147 (11 August 2022) The Court of Appeal has held that Mr Victormills Onyekachi Iyieke, who had applied for indefinite leave to remain (“ILR”) on the ground … Continue reading
Posted in Appeals, Costs, Court of Appeal, Immigration Rules, Long Residence, Tier 1, UKSC
Tagged Case Law, Court of Appeal, Immigration Rules, UK Supreme Court
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“Poorly drafted” Immigration Rules: Court of Appeal reluctantly approves “objectionable” investor visa scheme
R (Wang & Anor) v Secretary of State for the Home Department [2021] EWCA Civ 679 (11 May 2021) In relation to an applicant for leave to remain as a Tier 1 (Investor) Migrant under the points-based system (PBS) required … Continue reading
Refusal of ILR but grant of leave means no right of appeal
R (M Aleem Mujahid) v First Tier Tribunal (Immigration and Asylum Chamber) [2021] EWCA Civ 449 (31 March 2021) These proceedings turned on the question where a person who is in the UK makes an application for indefinite leave to … Continue reading
Posted in Access to Justice, Appeals, Article 8, Court of Appeal, Curtailment, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Paragraph 322(5), PBS, Post Study Work, Settlement, Tier 1, Tribunals, UKSC
Tagged ILR, Immigration Rules, PBS, Tribunals, UK Supreme Court, Upper Tribunal
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Procedural fairness fails entrepreneur in Court of Appeal
R (Taj) v The Secretary of State for the Home Department [2021] EWCA Civ 19 (20 January 2021) Genuineness of intention is a key part of obtaining a visa to the UK. This appeal related to the closed (in March 2019) Tier … Continue reading
Posted in Appeals, Court of Appeal, Fairness, Immigration Rules, Judicial Review, Pakistan, PBS, Tier 1, UKSC
Tagged Court of Appeal, Immigration Rules, Judicial Review, Pakistan, Tribunals, UK Supreme Court
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Court of Appeal refuses to reopen paragraph 322(5) appeal
R (Akram) v Secretary of State for the Home Department [2020] EWCA Civ 1072 (12 August 2020) The Court of Appeal has refused to reopen the appeal of a Pakistani Tier 1 (General) Migrant who had been refused indefinite leave … Continue reading
Posted in Appeals, Article 8, Court of Appeal, Hostile Environment, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Paragraph 322(5), PBS, Settlement, Tier 1, Tribunals
Tagged Case Law, Court of Appeal, Earnings discrepancy, Immigration Rules, Judicial Review, Points Based System, Tribunals
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Tribunal’s guidance on paragraph 322(5) and accountants
Ashfaq (Balajigari: appeals) [2020] UKUT 226 (IAC) (17 June 2020) In relation to paragraph 322(5), Ockelton VP has found that (i) if the SSHD’s decision of the carries a right of appeal, the availability of the appeal process corrects the defects … Continue reading
Posted in Appeals, Article 8, ECHR, False Statements and Misrepresentations, Immigration Rules, Judicial Review, Pakistan, Paragraph 322(5), PBS, Settlement, Tier 1, Tribunals
Tagged Article 8, Case Law, Court of Appeal, Earnings discrepancy, ECHR, Immigration Rules, Judicial Review, Points Based System, Tribunals
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Pakistani with ‘sufficiently reprehensible conduct’ wins ILR
SSHD v MA Khan [2020] UKAITUR HU097412019 (12 March 2020) Appeals falling within the dreaded paragraph 322(5) genre are usually quite controversial as Tier 1 (General) migrants were seen as an asset to the UK’s economy but many of them cooked up tax … Continue reading
Posted in Article 8, Court of Appeal, ECHR, Immigration Rules, Pakistan, Paragraph 322(5), Proportionality, Settlement, Tier 1, Tribunals
Tagged Article 8, Case Law, ECHR, Immigration Rules, Pakistan, Tribunals
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Statement of changes to the Immigration Rules CP 232
Statement of changes to the Immigration Rules CP 232 of 14 May 2020 makes a raft of changes to the Immigration Rules which will take effect on 4 June and 24 August. Some changes are being made to the Immigration … Continue reading
Posted in Appendix EU, Appendix FM, Immigration Rules, PBS, Tier 1, Tier 2
Tagged 2004/38/EC, Immigration Rules, Points Based System
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“Open for business”: Analysis of the UK’s new PBS
An “Australian-style points-based system” (new PBS) to control immigration was one of six guarantees given by Boris Johnson to “get Brexit done in January and unleash the potential of our whole country.” The new PBS is the cornerstone of the UK’s post-Brexit immigration … Continue reading
Posted in Appendix EU, Brexit, COVID-19, European Union, EUSS, Free Movement, Immigration Rules, Paragraph 322(5), PBS, Politics, Settlement, Students, Tier 1, Tier 2, Tier 4, UKSC
Tagged Coronavirus, Economy, European Union, Free Movement, Immigration Rules, Points Based System, UK Supreme Court
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Recent changes to immigration and nationality fees
The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2020 came into force on 6 April 2020. They amend the Immigration and Nationality (Fees) Regulations 2018 and regulations 4(b) and 9(1), (2)(a) and (3) and provide for a new exception … Continue reading
Court of Appeal holds paragraph 276B(ii) and paragraph 322(5) represent discrete tests for refusing ILR
Tahir Yaseen v Secretary of State for the Home Department [2020] EWCA Civ 157 (14 February 2020) The appellant, Mr Tahir Yaseen, a Pakistani national, failed to make timely tax returns for the years 2010/11, 2011/12 and 2012/13. He filed … Continue reading
Posted in Article 8, Conduct/Character, Court of Appeal, False Statements and Misrepresentations, Hostile Environment, Immigration Rules, Pakistan, Paragraph 322(5), Public Interest, Tier 1, Tribunals
Tagged Article 8, Balajigari, Case Law, Court of Appeal, Criminal Offences, ECHR, Immigration Rules, Pakistan, Points Based System, Tribunals
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Home Office sticks to its guns on paragraph 322(5)
In Balajigari [2019] EWCA Civ 673 (discussed here), the Court of Appeal held that the use of paragraph 322(5) of the Immigration Rules in the cases of highly skilled Tier 1 (General) migrants (T1GMs) was “legally flawed” because SSHD decision-makers … Continue reading
Court of Appeal takes a strict stance on adducing new evidence to the Upper Tribunal
Kabir v The Secretary of State for the Home Department [2019] EWCA Civ 1162 (09 July 2019) On the topic of fresh evidence (in the context of deception, false documents, bank statements) the Court of Appeal has held that the … Continue reading
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
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