Category Archives: Tier 2

Procedural fairness fails skilled migrant in Court of Appeal

R (Topadar) v Secretary of State for the Home Department [2020] EWCA Civ 1525 The uncertain outcome in the Supreme Court in R (Pathan) v SSHD [2020] UKSC 41, discussed here, was swiftly put to the test in the case … Continue reading

Posted in Appendix Skilled Worker, Article 8, Bank Accounts, Court of Appeal, Employment, Immigration Rules, Judicial Review, PBS, Procedural Fairness, Tier 2, UKSC | Tagged , , , , , , , | Leave a comment

Inaccessible new Immigration Rules are not “good law”

The Home Secretary, Priti Patel has gleefully announced “After many years of campaigning, I am delighted the Immigration Bill which will end free movement on 31st December has today passed through Parliament. We are delivering on the will of the … Continue reading

Posted in Access to Justice, Appendix Continuous Residence, Appendix Finance, Appendix Shortage Occupation Lists, Appendix Skilled Worker, Court of Appeal, Global Talent, Immigration Act 2020, Immigration Rules, Overstaying, PBS, Settlement, Tier 2, Tier 4 | Tagged , , , , , | 1 Comment

Supreme Court: Failure to promptly notify migrant of revocation of sponsor’s licence breached duty of procedural fairness

R (Pathan) v Secretary of State for the Home Department [2020] UKSC 41 (23 October 2020)  This case turned on the issue whether notice to an applicant of revocation of a sponsor’s licence in respect of his Tier 2 (General) … Continue reading

Posted in Appeals, Article 8, Court of Appeal, ECHR, Employment, Immigration Rules, India, Judicial Review, Overstaying, PBS, Students, Tier 2, UKSC, Working | Tagged , , , , , , , , , , , | Leave a comment

Court of Appeal rebukes poor drafting of Immigration Rules

Hoque & Ors v Secretary of State for the Home Department [2020] EWCA Civ 1357 (22 October 2020) The Court of Appeal has deeply criticised the “labyrinthine structure” and “idiosyncratic drafting” of the the Immigration Rules and “the confused language … Continue reading

Posted in Article 8, Bangladesh, Court of Appeal, ECHR, Education, Immigration Rules, Long Residence, Overstaying, Pakistan, Settlement, Tier 1, Tier 2, Tier 4, Tribunals, UKSC, Working | Tagged , , , , , , , , | Leave a comment

Further details of the UK’s new PBS 

The UK’s Points-Based Immigration System Further Details July 2020 CP 258 sheds further light on the government’s reconfiguration of the immigration system and it provides information on the requirements of the points-based system (PBS), the salary and skills thresholds for … Continue reading

Posted in Free Movement, Immigration Rules, PBS, Tier 2, Windrush | Tagged , , , | Leave a comment

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 , , | Leave a comment

“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 , , , , , , | 1 Comment

Tier 2 (General) and ‘genuine vacancy’: Court of Appeal holds that irrational PBS refusal should be quashed 

R (Suny) v The Secretary of State for the Home Department [2019] EWCA Civ 1019 (19 June 2019) Irwin and Underhill LJJ recently held that the refusal of leave to remain under Tier 2 (General) to a Bangladeshi migrant could … Continue reading

Posted in Article 8, Court of Appeal, Economy, Immigration Rules, Judicial Review, PBS, Tier 2, UKSC, Working | Tagged , , , , , , | Leave a comment

Brexit and the UK’s future immigration system

The spectre of crashing out of the EU without a deal is sending jitters across the UK. Events have clearly shown that holding a snap poll on immigration failed to do justice to the true merits of EU membership. Last … Continue reading

Posted in Article 8, Brexit, Citizens Directive, CJEU, ECHR, European Union, Immigration Rules, Politics, Tier 1, Tier 2, UKSC, Windrush, Working | Tagged , , , , , , , , , , , | 2 Comments

Upper Tribunal gives important guidance on discretion and exceptional circumstances

R (Prathipati) v SSHD (Discretion – Exceptional Circumstances) [2018] UKUT 427 (IAC) (26 October 2018) A self-representing applicant for judicial review who in the Upper Tribunal’s view “represented herself with eloquence and courtesy”, Mrs Prathipati triumphed against the government’s junior counsel … Continue reading

Posted in Article 8, Cases, Immigration Rules, Judicial Review, Proportionality, Tier 2, Tier 4 | Tagged , , , | 1 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

What is the Meaning of ‘Precarious’ in Section 117B(5) of the NIAA 2002?

Having already heard a string of appeals relating to the meaning of “reasonable” in section 117B(6) and the meaning of “unduly harsh” in section 117C(5) of the Nationality, Immigration and Asylum Act 2002 (as amended), recently in Rhuppiah the Supreme Court … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Precariousness, Proportionality, Public Interest, Settlement, Students, Tier 2, Tribunals, UKSC | Tagged , , , , , , | 1 Comment

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

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

Kaleidoscopic Changes in Immigration Rules Continue

Statement of Changes in Immigration Rules HC1025 brings further kaleidoscopic changes to the existing abyss of legal nonsense surrounding visas for the UK. Ahead of the impending general election, some unwitting politicians are demanding an “Australian style points-based system” of … Continue reading

Posted in Appendix FM, Asylum, Children, ECHR, Entrepreneurs, Exceptional Talent, Immigration Rules, PBS, Tier 1, Tier 2, Tier 4, Visitors | Tagged , , , | 2 Comments

Court of Appeal on Children’s Duty

EV (Philippines) & Ors v Secretary of State for the Home Department (SSHD) [2014] EWCA Civ 874 (26 June 2014) The Court of Appeal (Jackson, Lewison & Christopher Clarke LJJ) went for overkill in this case about the best interests … Continue reading

Posted in Article 8, Children, Court of Appeal, Hale JSC, s 55 BCIA, Tier 2 | 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

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

Alvi: Every “Rule” Must Be Laid

R (Alvi) v Secretary of State for the Home Department [2012] UKSC 33 This case began as a “simple” Tier 2 (General) application under the points-based system (PBS). Yet the refusal of Mr Alvi’s application ended up in the UK Supreme … Continue reading

Posted in Court of Appeal, Immigration Rules, Pankina, PBS, Sedley LJ, Tier 2, UKSC | Tagged , , | Leave a comment

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