What is the coalition government's immigration policy? We don't have much to go on...
In one of its first published determinations the Asylum and Immigration Chamber of the Upper Tribunal has accepted that its role as a primary decision maker has widened. It has also noted that a second application for leave to remain as a Tier 1 (Post Study Work) Migrant should not be certified as clearly unfounded by the Secretary of State.
Currently applications from Turkish nationals who establish themselves in business having entered the UK in a different capacity appear to be unlikely to succeed following the Court of Appeal's judgment in Filiz Sonmez last year. But, as Gherson predicted, the issue on which Ms Sonmez lost - the application of the "abuse principle" in European Community law - has now been referred by the Court of Appeal to the European Court of Justice.
The senior courts are beginning to consider the points based system and its accompanying regime of sponsorship management.
The points based system is further adjusted by complex new Immigration Rules.
The European Court of Justice has interpreted European Union law to show that the parent of a child who is at school in Member State of the European Union has the right to reside there
Since Monday 15 February 2010 the Asylum and Immigration Tribunal is no more. But has anything really changed?
The Home Secretary Alan Johnson has announced a new statement of changes in the Immigration Rules. The changes are intended to reduce the possibility of abuse of the Tier 4 (Student) Tier of the points based system by people masquerading as students when their real intention is actually to work in the UK. However groups representing colleges have expressed concern that the latest restrictions are likely to cause serious problems for colleges already struggling due to recent cuts in state funding.
To implement fully its "Sponsorship Management System" the UKBA has announced that after 22 February 2010 applicants for entry clearance or leave to remain as Tier 4 (Student) Migrants will no longer be able to rely on Visa Letters issued by their colleges. From then on they must get Confirmations of Acceptance for Studies, which are described in the UKBA's policy guidance as "virtual documents similar to database records."
The Court of Appeal has rejected an appeal from an Irish company and its non-EU employees against a Judge's decision that they could not rely on European free movement rights to provide services in the UK, and that their attempts to do so were abusive.