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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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Tag Archives: Points Based System
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” 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
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
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
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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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
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 Global Talent, Immigration Rules, Innovator, Investors, Points Based System
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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 Brexit, Immigration Rules, Points Based System
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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 Brexit, European Union, Free Movement, Points Based System
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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
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 Article 8, Immigration Rules, Points Based System
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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
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