A long standing confusion as to when and how someone whose application for leave to remain in the UK is refused can appeal has been resolved by the Court of Appeal in two recent judgments.
Lots of Immigration Rules - including those relating to holders of work permits - which predate the introduction of the Points Based System require people to have had a period of "five years' continuous lawful residence" in the UK for them to be eligible for indefinite leave to remain. The Asylum and Immigration Chamber of the Upper Tribunal has found this requirement includes a discretion in its application and that it should not be interpreted literally.
Even more changes to Tier 2 of the Points Based System are promised in the UKBA's new Statement of Intent.
This week the UKBA announced the Migration Advisory Committee's new list of "graduate occupations", in readiness for new Immigration Rules expected in April 2011 whereby almost all Tier 2 Migrants will have to be employed "at graduate level".
In a landmark judgment highlighting the impact of the United Nations Convention on the Rights of the Child on immigration decisions the Supreme Court has held that it is inappropriate for their parents' shortcomings to result in children's best interests being undervalued by the Home Office and the courts.
The Points Based System is becoming more and more complicated - particularly for students
All students who are about to or have completed a degree, Masters or PhD in the UK should be aware that as of 5 April 2011 the UK Border Agency intends to abolish the Tier 1 Post Study Work category of the Points Based System.
Just before Christmas the Government was defeated in a Divisional Court challenge to its "interim cap" on migration under Tiers 1 and 2 of the Points Based System. This time they're appealing to the Supreme Court...
A client of this firm has succeeded in his appeal against an Entry Clearance Officer's refusal of his application for a visa to come to live with his fiancé, a British national living in the United Kingdom.
Since November of 2008 Rule 277 of the Immigration Rules has prevented anyone from being granted entry clearance or leave to remain in the UK on the basis of marriage if either the applicant or his or her spouse is under 21. The only exception is for members of the armed forces. In a strident judgment the Court of Appeal has found that for people seeking entry clearance or leave to remain with a person who is a British Citizen the Rule is unlawful.