Settlement

On 22 February 2008 the United Kingdom Border Agency's (the "UKBA") website announced dramatic changes to the regime under which migrants can come to the UK to work.  

The announced changes were limited to Tiers 1 and 2 of the points based system (which – in contrast to Tier 5 - are the only avenues of the points based system so far in force which lead to settlement in the UK).  It was said that from 1 April the Government will:

For many years the Court of Appeal’s judgment in R (Mahmood) v Home
Secretary [2001] 1 WLR 840 represented what often seemed like a very solid and very thick brick wall preventing anyone who had established a family life in the United Kingdom from succeeding in showing that his or her rights protected by Article 8 of the European Convention on Human Rights were unnecessarily and disproportionately violated by a decision to remove him or her from the United Kingdom.  

Our client, who had been present in the UK since 1997 as a student, made an application to the UK Border Agency for Indefinite Leave to Remain on the basis of the 10 year lawful residence rule. The UK Border Agency refused to grant our client Indefinite Leave to Remain on the basis that: there was a break in the continuity of residence, a period of time when our client had delayed activating leave to enter due to arriving in the UK on a date after the grant of the leave to enter, and also because the UK Border Agency determined that each time our client left and re-entered the UK fresh leave was granted which was not to be classed as continuation of residence.

Tier 2 of the United Kingdom Border Agency’s Points Based System becomes “live” in November.  It will replace the current work permits system to enable skilled migrant workers to apply to enter the UK. 

In a landmark decision issued on 25 July 2008 the European Court of Justice’s Grand Chamber has found that the people married to or in a civil partnership with a citizen of the European Union (the “EU”), and who are not themselves EU citizens, must be allowed to remain in their spouse or partner’s home country.  

In its consultation document entitled Fair decisions; faster justice (dated 21-8-2008) the UKBA has indicated its determination to tackle what it sees as “the heavy burden being placed upon the higher courts by the immigration system”

In YB (EEA reg 17(4) - proper approach) Ivory Coast [2008] UKAIT 00062 (13-08-2008) the Asylum and Immigration Tribunal considered the proper approach to be taken by the UKBA in considering an application for a residence card made by an extended family member of “an EEA national” (an national of one of the countries comprising the European Economic Area).  

The government yesterday published a draft version of its immigration and citizenship Bill.  Back in February we reported the government’s Green Paper Path to Citizenship.  The consultation period announced then closed at the end of May.   The Bill’s consultation period now begins.  If the timetable announced in February is met the Bill will commence its passage through parliament at the end of this year.