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UKVI News and Updates- Guidance: Register of licensed sponsors: students
- Guidance: Register of licensed sponsors: workers
- Guidance: Single protection interview: caseworker guidance
- Guidance: Information booklet for asylum applications
- Prove your English language abilities with a secure English language test (SELT)
- Guidance: Pakistan: country policy and information notes
- Migration transparency data
- Form: Information for your immigration bail reporting appointment
- Guidance: Document checks and charges for carriers
- Guidance: Sponsor a seasonal worker
- Global Corporate Law
- Key Features of the Singapore Convention on Mediation
- What is the test for a ‘one man company’?
- LIBOR: The Final Nail in the Coffin?
- Banking and Misconduct: A Critique of the Cure of Culture
- Court of Appeal Opens the Door to LIBOR and Benchmark Misrepresentation Claims
- Habib Bank Expelled From New York
- Supreme Court: Equity’s Darling and Guidance on Enforceability of Trusts where the Institution is Unknown
- Conduct Costs on the Rise (2012-2016): No End in Sight
- Supreme Court Clarifies the Law on Security and Enforcement of Foreign Arbitration Awards
- FSMA and Third Party Rights: Victory for FCA in Supreme Court
- Immigration News
- Shabana Mahmood hints she could water down plans on leave to remain
- Shabana Mahmood says Labour party wants to create ‘fairness in our immigration system’ – UK politics live
- Three people dead, including a child, in attempt to cross Channel to UK
- UK to open new refugee resettlement routes for Afghan women and Palestinians
- Facing up to the threat that Reform poses to our democracy | Letters
- UK politics live: Pat McFadden tells Labour activists they should not defend benefits system ‘status quo’ because it ‘writes off’ claimants
- ‘We’ve done everything by the book’: EU citizens left in limbo after UK government strips post-Brexit residency status
- Angela Rayner stands by attack on care worker visa reforms ahead of Labour conference
- Ukrainians in UK fear homelessness over host scheme funding cuts
- Londoners get £3bn a year subsidy because structure of council tax biased against north, says thinktank – UK politics live
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Category Archives: Tier 2
Procedural fairness fails skilled migrant in Court of Appeal
R (Topadar) v Secretary of State for the Home Department [2020] EWCA Civ 1525 The uncertain outcome in the Supreme Court in R (Pathan) v SSHD [2020] UKSC 41, discussed here, was swiftly put to the test in the case … Continue reading
Posted in Appendix Skilled Worker, Article 8, Bank Accounts, Court of Appeal, Employment, Immigration Rules, Judicial Review, PBS, Procedural Fairness, Tier 2, UKSC
Tagged Article 8, Case Law, Court of Appeal, ECHR, Immigration Rules, Judicial Review, Migrant Workers, UK Supreme Court
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Further details of the UK’s new PBS
The UK’s Points-Based Immigration System Further Details July 2020 CP 258 sheds further light on the government’s reconfiguration of the immigration system and it provides information on the requirements of the points-based system (PBS), the salary and skills thresholds for … Continue reading
Posted in Free Movement, Immigration Rules, PBS, Tier 2, Windrush
Tagged Brexit, European Union, Free Movement, Points Based System
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Statement of changes to the Immigration Rules CP 232
Statement of changes to the Immigration Rules CP 232 of 14 May 2020 makes a raft of changes to the Immigration Rules which will take effect on 4 June and 24 August. Some changes are being made to the Immigration … Continue reading
Posted in Appendix EU, Appendix FM, Immigration Rules, PBS, Tier 1, Tier 2
Tagged 2004/38/EC, Immigration Rules, Points Based System
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“Open for business”: Analysis of the UK’s new PBS
An “Australian-style points-based system” (new PBS) to control immigration was one of six guarantees given by Boris Johnson to “get Brexit done in January and unleash the potential of our whole country.” The new PBS is the cornerstone of the UK’s post-Brexit immigration … Continue reading
Posted in Appendix EU, Brexit, COVID-19, European Union, EUSS, Free Movement, Immigration Rules, Paragraph 322(5), PBS, Politics, Settlement, Students, Tier 1, Tier 2, Tier 4, UKSC
Tagged Coronavirus, Economy, European Union, Free Movement, Immigration Rules, Points Based System, UK Supreme Court
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Tier 2 (General) and ‘genuine vacancy’: Court of Appeal holds that irrational PBS refusal should be quashed
R (Suny) v The Secretary of State for the Home Department [2019] EWCA Civ 1019 (19 June 2019) Irwin and Underhill LJJ recently held that the refusal of leave to remain under Tier 2 (General) to a Bangladeshi migrant could … Continue reading
Brexit and the UK’s future immigration system
The spectre of crashing out of the EU without a deal is sending jitters across the UK. Events have clearly shown that holding a snap poll on immigration failed to do justice to the true merits of EU membership. Last … Continue reading
Posted in Article 8, Brexit, Citizens Directive, CJEU, ECHR, European Union, Immigration Rules, Politics, Tier 1, Tier 2, UKSC, Windrush, Working
Tagged 2004/38/EC, Article 8, Brexit, Criminal Offences, ECHR, Economy, European Union, Free Movement, Immigration Rules, Migrant Workers, Points Based System, Refugee Convention
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Upper Tribunal gives important guidance on discretion and exceptional circumstances
R (Prathipati) v SSHD (Discretion – Exceptional Circumstances) [2018] UKUT 427 (IAC) (26 October 2018) A self-representing applicant for judicial review who in the Upper Tribunal’s view “represented herself with eloquence and courtesy”, Mrs Prathipati triumphed against the government’s junior counsel … Continue reading
Posted in Article 8, Cases, Immigration Rules, Judicial Review, Proportionality, Tier 2, Tier 4
Tagged Case Law, Economy, Immigration Rules, UK Supreme Court
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The Court of Appeal on Substantive and Procedural Fairness
Pathan & Islam v Secretary of State for the Home Department [2018] EWCA Civ 2103 (02 October 2018) Fairness in official decision-making is an important virtue in public law. Dismissing the judicial review claim involving Tier 2 (General) of the … Continue reading
What is the Meaning of ‘Precarious’ in Section 117B(5) of the NIAA 2002?
Having already heard a string of appeals relating to the meaning of “reasonable” in section 117B(6) and the meaning of “unduly harsh” in section 117C(5) of the Nationality, Immigration and Asylum Act 2002 (as amended), recently in Rhuppiah the Supreme Court … Continue reading
Statement of Changes in Immigration Rules HC 1154
Interestingly, by virtue of Statement of Changes in Immigration Rules HC 1154, the Home Office claims to extend its commitment to protect and support the most vulnerable people while simultaneously purporting to encourage highly talented students and workers to remain … Continue reading
Court of Appeal: American Visitor’s Appeal Allowed
PG (USA) v The Secretary of State for the Home Department [2015] EWCA Civ 118 (26 February 2015) In this case, Elias and Fulford LJJ, Dame Janet Smith allowed Phyllis Gain’s appeal and remitted the matter to the Upper Tribunal … Continue reading
Posted in Article 8, Court of Appeal, Immigration Rules, PBS, Proportionality, Tier 2, Visitors
Tagged Article 8, Case Law, Dependants, Immigration Rules, Points Based System
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Kaleidoscopic Changes in Immigration Rules Continue
Statement of Changes in Immigration Rules HC1025 brings further kaleidoscopic changes to the existing abyss of legal nonsense surrounding visas for the UK. Ahead of the impending general election, some unwitting politicians are demanding an “Australian style points-based system” of … Continue reading
Posted in Appendix FM, Asylum, Children, ECHR, Entrepreneurs, Exceptional Talent, Immigration Rules, PBS, Tier 1, Tier 2, Tier 4, Visitors
Tagged Court of Appeal, HC1025, Immigration Rules, UK Supreme Court
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Court of Appeal on Children’s Duty
EV (Philippines) & Ors v Secretary of State for the Home Department (SSHD) [2014] EWCA Civ 874 (26 June 2014) The Court of Appeal (Jackson, Lewison & Christopher Clarke LJJ) went for overkill in this case about the best interests … Continue reading
Posted in Article 8, Children, Court of Appeal, Hale JSC, s 55 BCIA, Tier 2
Tagged Article 8, Children, Immigration Rules, Migrant Workers, Tribunals
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Spectres of Pankina: The Rules, Fairness and Article 8
Ferrer (limited appeal grounds; Alvi) Philippines [2012] UKUT 304 (IAC) (01 August 2012) This is a recent Upper Tribunal (“UT”, Judges Storey and Lane) case involving the Alvi [2012] UKSC 33 and Pankina [2010] EWCA Civ 719 genre of cases. The … Continue reading
Posted in Alvi, Article 8, Immigration Rules, Philippines, Sedley LJ, Tier 2, Work Permits
Tagged Article 8, Immigration Rules, Pankina, UK Supreme Court
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Alvi: The Aftermath …
In the wake of the Alvi [2012] UKSC 33 judgment, a new Statement of Changes in Immigration Rules CM8423 (“the statement”) came into force on 20 July 2012. Weirdly, the statement – spanning an overwhelming 288 pages – also corrects cross-referencing errors in Appendix … Continue reading
Posted in Alvi, Article 8, Dependants, Exceptional Talent, Immigration Rules, Tier 1, Tier 2
Tagged ECHR, Immigration Rules, Points Based System, UK Supreme Court
2 Comments
Alvi: Every “Rule” Must Be Laid
R (Alvi) v Secretary of State for the Home Department [2012] UKSC 33 This case began as a “simple” Tier 2 (General) application under the points-based system (PBS). Yet the refusal of Mr Alvi’s application ended up in the UK Supreme … Continue reading
Posted in Court of Appeal, Immigration Rules, Pankina, PBS, Sedley LJ, Tier 2, UKSC
Tagged Pankina, Points Based System, UK Supreme Court
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A rule is a rule
Miah & Ors v Secretary of State for the Home Department [2012] EWCA Civ 261 (07 March 2012) This is an important case. The Court of Appeal (Maurice Kay, Stanley Burnton and Lewison LJJ) unanimously decided that there was no … Continue reading
Posted in Bangladesh, Court of Appeal, ECHR, Pankina, PBS, Tier 2
Tagged Article 8, Immigration Rules, Pankina, Points Based System, UK Supreme Court
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