The High Court has ruled that the government's "interim cap" on immigration under Tiers 1 and 2 of the Points Based System is unlawful.
The Court of Appeal has held that time spent in prison doesn't count towards the five years' residence in the UK which is needed for EEA nationals and their family members to acquire a right to reside permanently in the UK.
The family members of UK nationals can enjoy the same rights to enter and to reside in the UK as those of EEA nationals if the UK national exercises "treaty rights" in another EEA State and then returns to the UK. The Upper Tribunal has just held that it doesn't matter if there's a gap between the exercise of treaty rights and the UK national's return to the UK...
Following last week's announcement regarding the permanent cap on Tier 1 and Tier 2 Migrants the Government has today announced a consultation period on its proposals for altering the regime for Tier 4 Student Migrants.
Does it make any difference if a person who is to be deported from the UK is the parent of children who are British citizens? What is the significance of children's rights in immigration decisions anyway? Answers to these questions are expected in the Supreme Court's forthcoming judgment in ZH Tanzania.
For a long time the Member States of the European Union (the EU) have been concerned about the ability of people who are not nationals of those countries (known as “third country nationals”) to obtain residence rights within the European Union Countries by undergoing “marriages of convenience” – also known as “sham” marriages.
The Home Secretary Theresa May yesterday (23 November 2010) announced the first permanent cap on immigration - limiting the number of visas which from April 2011 will be issued to people coming to the UK to work
The UKBA has announced a revised policy to enable those who were wrongly refused leave to remain before the maintenance requirements of the points based system were changed in July 2010 to have their applications reconsidered. The regime in force before the changes was found by the Court of Appeal in its Pankina judgment in June 2010 to have been unlawful. The new policy will mean a far wider group of people than those who qualified under the previous version of the UKBA's policy can expect to have their refusals reversed, because there's no longer a requirement for applicants for reconsideration to be "lawfully in the UK".
In Rashid Anwar and Prosper Adjo v Secretary of State for the Home Department [2010] EWCA Civ 1275, Mr Anwar was a student who had obtained leave to remain to study at the London School of E-Commerce, at the time an institute recognised as bona fide by the Home Office, as was Ms Pengeyo, a third Appellant whose case was conceded on the eve of the hearing and was not formally decided by the Court of Appeal.
In her first major speech on immigration the Home Secretary Theresa May has announced significant policy decisions. People who enter the UK as skilled workers under Tier 2 of the Points Based System, or under Tier 4 as students - unless their courses are at degree level or above - will not qualify for indefinite leave to remain and thereafter to naturalise as British citizens.