Fees are to be paid for immigration appeals against decisions made on or after 19 December 2011
The Court of Justice of the European Union's recent judgment in Dereci explains the scope of its judgment in Ruiz Zambrano of March 2011
The United Kingdom Border Agency announced last week (November 16 2011) that that the Migration Advisory Committee (MAC) had recommended that the minimum salary to be demonstrated by people settled in the UK who wish to be joined by their spouses or partners should be dramatically increased.
Following the Supreme Court's judgment in October of 2011 the UKBA has announced new Immigration Rules to return the minimum age spouses and partners must be in order to be eligible to obtain a marriage visa from 21 to 18 years old. It has also implemented a special policy for those wrongly refused a visa on the basis of their or their spouse or partner's age.
Does the UKBA have any discretion to consider an application under the Points Based System if the applicant failed to meet the strict requirements of the Agency’s “policy guidance”? If it does, when will it be appropriate for this discretion to be exercised?
The Asylum and Immigration Chamber of the Upper Tribunal has noted that the restriction on evidence in points based system appeals effective from May of 2011 doesn't apply to the First Tier Tribunal's human rights jurisdiction, but warns that Judges must take the restriction into account when assessing the proportionality of the UKBA's decisions in cases involving Article 8 of the European Convention on Human Rights.
The United Kingdom Border Agency has announced changes to its list of "shortage occupations"
In the fifth statement of changes to the Immigration Rules so far this year (2011) the United Kingdom Border Agency has introduced special Rules for those coming to attend the 2012 Olympics, as well as further tightening the restrictions on applications for settlement for Tier 2 Migrants and work permit holders.
The Supreme Court has held by a majority that the 2008 change in the Immigration Rules, whereby any application for a visa made by the spouse or partner of a British citizen or person with indefinite leave to remain in the UK would be refused unless both parties to the relationship were at least 21, breached Article 8 of the European Convention on Human Rights.
The Upper Tribunal has noted that in the "fast-changing world" of the points-based system it is important to check what the law actually was at the time the UKBA made a decision to refuse an application for leave to remain in the UK.