Tag Archives: Points Based System

“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

Posted in Appeals, Court of Appeal, Immigration Rules, Investors, Judicial Review, PBS, Tier 1 | Tagged , , , , | Leave a comment

An unlawful lacuna in policy is harming victims of trafficking

EOG (Anonymity Order Made) v Secretary of State for the Home Department [2020] EWHC 3310 (Admin) (03 December 2020) Mostyn J has held that an unlawful lacuna in the government’s existing policy concerning the leave to remain of potential trafficking … Continue reading

Posted in Article 14, Article 3, ECAT, ECHR, Hostile Environment, Immigration Act 2014, Immigration Rules, Judicial Review, UKSC | Tagged , , , , , , , | Leave a comment

Court of Appeal clarifies giving of curtailment notices

R (Alam) v Secretary of State for the Home Department [2020] EWCA Civ 1527 (16 November 2020)  The Court of Appeal dismissed the appeals of Mr Masud Alam and Mr Masud Rana who had both appealed against the refusal of … Continue reading

Posted in Bangladesh, Court of Appeal, Curtailment, Judicial Review, Notices, Tier 4, Tribunals, UKSC | Tagged , , , , , | Leave a comment

Court of Appeal refuses relief in “bad” paragraph 322(5) cases

R (Baldha & Anor) v The Secretary of State for the Home Department [2020] EWCA Civ 1494 (10 November 2020)  In two tax discrepancy matters with some similarities, sitting alone Hickinbottom LJ decided to refuse permission to amend and permission to appeal in … Continue reading

Posted in Article 8, Costs, Court of Appeal, Immigration Rules, India, Judicial Review, Overstaying, Paragraph 322(5), PBS, Settlement, Tax, Tier 1, Tribunals | 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 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 , , , , , , | Leave a comment

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 , , , , , , , , | Leave a comment

The Hong Kong British National (Overseas) Visa

A person who had been a British overseas territories citizen by connection with Hong Kong was able to register as a British National (Overseas) (BN(O)) before 1 July 1997. This was to recognise the UK’s special and enduring ties with … Continue reading

Posted in China, Immigration Rules, Settlement | Tagged , , , , , | Leave a comment

Global Talent, Start-up, Innovator and Graduate Visas 

The Home Office is keen to emphasise that the UK wants to attract only the best and brightest talent from around the world. On 20 February 2020 the Global Talent route was launched under the current system for non-EU citizens, … Continue reading

Posted in Economy, Global Talent, Graduate, Immigration Rules, Innovator, PBS, Start-up, Students | Tagged , , , , | 1 Comment

Skilled Workers and the new PBS 

In order to qualify for the new Skilled Worker visa, applicants must pass the mandatory UK criminality checks and will need to meet the following mandatory criteria, they must have a job offer from a licensed sponsor and they must speak English … Continue reading

Posted in Fees, Immigration Rules, PBS, Working | Tagged , , | 1 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

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

Posted in Appendix EU, Children, Citizenship and Nationality, Fees, Immigration Rules, Tier 1 | Tagged , , | Leave a comment

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 , , , , , , , , , | Leave a comment

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

Posted in Appendix FM, Appendix V, Court of Appeal, Deception, False Statements and Misrepresentations, Paragraph 322(5), PBS, Settlement, Tier 1 | Tagged , , , , , | Leave a comment

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

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

Posted in Bangladesh, Bank Accounts, Banks, Court of Appeal, Deception, Entrepreneurs, False Statements and Misrepresentations, Immigration Rules, PBS, Tier 1 | Tagged , , , , , , | Leave a comment

Court of Appeal says ‘kitchen-sink’ approach to the citation of authorities is ‘wholly illegitimate’

Kaur v The Secretary of State for the Home Department [2019] EWCA Civ 1101 (1 July 2019) Dismissing a Tier 4 (General) student’s appeal, the Court of Appeal has held that it is “wholly illegitimate” for legal representatives to cite … Continue reading

Posted in Court of Appeal, Culture, Hostile Environment, Immigration Act 2014, Immigration Rules, Judges, Judicial Review, PBS, Removals, Students, Tier 4, Tribunals | Tagged , , , , , | Leave a comment