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| UK Immigration News _ December 2010 |
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Case law update
MU (‘statement of additional grounds’ - long residence - discretion) Bangladesh [2010] UKUT 442 (IAC)
This case was heard on 9h November 2010 at Field house . The appellant is a Bangladeshi national who arrived in the UK on 1st August 2000 with a student visa. He applied for successive extensions of leave to remain in the UK which were all granted. His final grant of leave was until 31st October 2008. Read more
PBS Case Law update
DN (student; course 'completed'; 'established presence') Kenya [2010] UKUT 443 (IAC) (15 November 2010)
The case looked at the maintenance requirements under Appendix C of the Immigration Rules and in particular, who qualified for the reduced maintenance under the Tier 4 category. Read more
HM and others (PBS- legitimate expectation - paragraph 245ZX(I)) Malawi [2010] UKUT 446 (IAC) (08 December 2010)
The appellants are nationals from Malawi. The main appellant is the applicant and the second appellant is her spouse whilst the third appellant is her son. Read more
The new Statement of Changes to the Immigration Rules (HC 698)
The first of the changes to the Immigration Rules will be to close the Tier 1 General category of the Immigration Rules to persons applying from outside of the UK. The Government decided to take this step as a result of the sheer volume of Tier 1 applications received since July 2010.
The second change to the Immigration Rules is to set an interim limit on the level of Tier 2 general applications. This will apply as of 21st December 2010 and has been set at 10, 832. This means that the number of certificates of sponsorship available to licensed Tier 2 general sponsors will be limited.
The changes were brought about following the Divisional Court’s judgment on 17th December 2010 which effectively determined that I, in order for the Government’s interim limit policy to have legal effect, the level of the limit needed to be specified in the Immigration Rules as opposed to the UK Border Agency guidance.
Previously in November of this year, the Home Secretary had announced that the Tier 1 general route will not continue and that the Tier 1 route will be focused mainly on entrepreneurs, investors and the exceptionally talented.
Changes are expected to be introduced in April of next year.
22nd December 2010
International update:
The UK has opened a new visa application centre in Beijing, China in order to provide a better service for the ever increasing demands from Chinese nationals travelling to the UK. More Chinese nationals are opting to travel overseas and figures appear to be doubling since last year. Read More
Important update: case law regarding the age limit on spouses applying for leave to enter the UK
In the case of Quila & Anor v Secretary of State for the Home Department [2010] EWCA Civ 1482 (21 December 2010), the Courts considered at length, the ban contained in paragraph 277 of the immigration rules on the entry of foreign spouses aged between 18 and 21 and, whether this ban was a lawful way in which to deal with the issue of forced marriages. Read more
Case law update: The Secretary of State for the Home Department v Respondent [2010] UKUT B1 (10 December 2010)
The Iraqi respondent (R’s) right to family life precluded his removal from the UK, even in the face of his criminal convictions. Read more
Case law update:K, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 3102 (Admin) (29 November 2010)
In a previous case - R (on the application of S) v Secretary of State for the Home Department [2007] EWCA Civ 546 the court held that the Secretary of State for the Home Office (SSHO’s) decision to put certain asylum applications ‘on hold’ was unlawful.Read more
Case Law update : Wray, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 3301 (Admin) (16 December 2010)
This case concerned the a judicial review against the defendant Secretary of State for the Home Department’s (herein after referred to as the SSHD) refusal to accept to treat the claimants application as a fresh claim in accordance with paragraph 353 of the Immigration Rules HC395. The claimant argued that any intended removal would breach his Article 8 human rights. Read more
‘Shamed profession’: Solicitor imprisoned for immigration scam
A solicitor was jailed for 8 and half years by Croydon Crown Court for his part in an immigration scam. The scam involved supplying clients and documents to a bogus college. The college produced fraudulent documents to support visa applications. The college was run by two elderly people who were also jailed. They specialized in helping Nigerian nationals to fraudulently obtain leave to remain in the UK using false qualifications. The solicitor in question ran his law firm alone with several illegal migrants working for him without paying national insurance or tax. The Solicitors Regulation Authority commented that the Solicitors Disciplinary Tribunal will deal with the Solicitors case.
19th December 2010
Tier 1 and Tier 5 update- biometrics system
The UK border agency announced that as of 14th December 2010, those migrants applying under Tier 1 or Tier 5 (temporary workers) of the points based system will be required to give biometric information (consisting of photographs and fingerprints) when submitting their applications. Tier 1 update
Carvalho v Secretary of State for the Home Department [2010] EWCA Civ 1406 (14 December 2010)
This case concerns Regulation 15 (1) (a) of the European Economic Area Regulations 2006 (herein after referred to as the Regulations). The court considered whether time spent in prison could count towards the time required for permanent settlement. The case concerned the power to deport persons who as a result of their nationality, came within the Regulations and the Directive 2004/38/EC. EEA cases
The extended student visitor visa for migrants wishing to study English language
Students who wish to exclusively study an English language course in the UK will be able to apply for extended student visitor visas for up to a period of 11 months to enable them to do so. This will be introduced as of 13th January 2010 and will only be available to migrants applying from outside of the UK. The requirements under this category are the same as the current student visitor visa requirements. Work is prohibited and students are not allowed to bring their dependants, take placements or switch into other courses or extend their stay beyond their permitted leave.
Students who wish to study other courses in the UK for a period over 6 months, will need to apply under Tier 4 of the points based system. Non visa nationals however, who do not usually require a visa to study for longer than 6 months, will need to apply for an extended visa in order to study a longer English language course.
13th December 2010
New English language test providers invited to apply to be on UBA list of providers
From today until 31st January 2011, the UK border agency is conducting an exercise to produce a new list of English language test providers. Test providers are invited to participate to see whether their language tests will be suitable for migrants applying under the Tier 1, 2 or 4 of the points based system or for those applying for settlement or naturalization.
The UK border agency intends to establish a new list of providers by April 2011. Until then, transitional arrangements will be put in place for those who need to or have already taken a test.
9th December 2010
Tier 1 (general) applications from overseas: December limit reached
The limits imposed by the UK government on 19th July 2010 on Tier based applications are administered by the UK Border Agency on a monthly basis. Tier 1 applications received from overseas applicants for the month of December have reached this monthly limit meaning, any new applications will only be considered for the following month. The limit allocation reopens in January when Tier 1 applications will be considered. The limit does not affect applications from dependants, those switching into Tier 1 from inside the UK or those extending their Tier 1 visas.
7TH December 2010
Case Law update _ Refugee and safe third country
The claimant was a national of Syria, married to a national of Algeria. In 2008 the Secretary of State for the Home Office (SSHO) rejected her asylum claim, with the intention to remove her to either Syria or Algeria. Her appeal was allowed on the grounds of asylum, humanitarian protection and Article 3 ECHR (torture and degrading treatment). RR (refugee-safe third country) Syria [2010] UKUT 422 (IAC) (13 November 2010)
Prevention of Illegal working- updated guidance for employers
On 3rd December 2010, the UK Border Agency published an updated version of their summary guidance for employers for the prevention of illegal working.Read More
Ruling on Immigration Appeal Right
Upper Tribunal decision in the case of: EK (Ankara Agreement - 1972 Rules - construction) Turkey [2010] UKUT 425 (IAC)
This case held that the previous decision in the case of OT (Turkey) [2010] UKUT 330 (IAC) was incorrect. The case of OT held that a student could not switch into the business status or anyone other than a visitor. EK (Ankara Agreement - 1972 Rules - construction) Turkey [2010] UKUT 425 (IAC) <:褔̈>
Fresh Claim_ Paragraph 353 _ Expert report
An Algerian national has failed in his challenge to the decision of the Home Department not to treat a claim for asylum as a fresh claim under paragraph 353 of the Immigration Rules. Boulegahalegh, R (on the application of) v Secretary of State for the Home Department [2010]
Entry Clearance _ Tax credits _ Public funds
This case considered whether tax credits would be considered as recourse to public funds. It was held that paragraph 6C of the Immigration Rules specifies that an applicant for entry clearance whose arrival would cause an increase in tax credit which the sponsor was already receiving would amount to recourse to public funds. GS (public funds - tax credits) India [2010] UKUT 419 (IAC)
Case Law update _ Article 8 and continuity of residency
Tier 1 December limit reached
The UK Border Agency announced on 7th December 2010 that the December limit on Tier 1 type applications has been reached. The Government introduced limits on Tier based applications which are being administered on a monthly basis. This began in July 2010 and will continue until 31st March 2011. The limit does not affect dependant applications or those seeking to switch into the Tier 1 from other categories. Applicants from outside the UK can still apply for Tier 1 however, if they are successful, they will not be issued a visa until the new limit allocation re opens.
December 2010
Tier 4 reforms- Government proposals
On 7th December 2010, the Immigration Minister Damian Green announced Government proposals to ‘shake-up’ the student visa system including tougher entrance criteria. Tier 4 update
Exceptional Consideration panel
The UK Border Agency announced that, due to the New Year’s holiday season, the exceptional consideration panel will reconvene on 7th January 2011. The panel will deal with requests for initial or additional allocation of certificates of sponsorship. Applications must be received no later than 24th December 2010 in order to be considered by the January panel.
December 2010
Sponsor Management system, online sponsor application and points based calculator update
The sponsor management system, online sponsor application and points based calculator will be temporarily suspended on 12th December 2010 between 8am and 10.30am for maintenance purposes.
December 2010
Recruitment of International migrants is restricted for UK law firms in light of Immigration changes
The UK Border Agency announced recently that caps would be introduced for skilled migrant workers. The particularly shocking announcement that Tier 1 would effectively be removed (or considerably reduced) will have a knock on effect on law firms in the UK who sought to recruit international migrant workers. As a result of the new rules, law firms may resort to bringing migrant workers under Tier 2 of the Points Based Scheme. However, this may prove difficult in light of the new annual caps introduced on this category as well.
Despite all of this change and the imposition of new restrictions, the UKBA have not restricted intra-company transfers meaning that migrants earning over £40,000, are still allowed to transfer to the UK and should be granted 5 years leave to remain in this category.
This case concerned a work permit holder who, after five years on his work permit, applied for settlement and was refused by the UK border agency. The basis of the refusal was that the appellant had not spent a continuous period of 5 lawful years in the UK. Usually, a person who has completed 5 years on a work permit in the UK and who continues to work, will be granted indefinite leave to remain (provided the immigration rules are met).
RK (OFM - membership of household - dependency) India [2010] UKUT 421 (IAC
This case concerned the appellant RK, who in 2008, applied for an EEA family permit to join her husband in the UK. Both the appellant and her husband are Indian nationals. The appellants mother and father in law’s were EEA nationals (Portuguese) who had arrived in the UK in 2003 and were exercising their EEA treaty rights here. In 2001, the appellant’s husband (the son) joined his parents in the UK aged 21 years. He joined as a dependent family member in accordance with the definition of ‘family member’ outlined in Article 2.2 of the Citizens Directive 2004/38/EC (herein after referred to as the Directive)
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