Immigration News

In a recent reported decision in KH (Pakistan) and AT (Mauritius) v SSHD,  [2012] EWCA Civ 1054, the Court of Appeal restricted the principle established by the House of Lords in Chikwamba regarding legality of insisting on an out-of-country application where all other requirements for entry are met. The leading judgment was delivered Elias LJ, who took

The Migration Advisory Committee have recommended to keep the cap on Tier 2 immigration at the same level as in 2011. This means, there will be 21,700 places for migrants from outside the European Union wishing to come and work in the UK between April 2012 and April 2013. No changes have been proposed with regard to the policy

In Sanade and others (British children – Zambrano – Dereci) [2012] UKUT 00048(IAC) the Upper Tribunal examined the interplay between the automatic deportation following a sentence to imprisonment of 12 months or more, and the statutory exception to deportation afforded by Article 8 ECHR, with particular reference to the children of the person being removed. It was accepted

The case of SC (Article 8 – in accordance with the law) Zimbabwe [2012] UKUT 00056 (IAC) concerned a policy of the Secretary of State not to return Zimbabwean nationals to Zimbabwe where they could not demonstrate loyalty to ZANU-PF, as set out in the guidance case of RN (Zimbabwe).  This moratorium on forced removals

In a recently published statement of intent, the UKBA has announced its new policy in relation to international students and graduates.  Graduate Entrepreneur route will replace the Post-Study Work visa from April 2012. Time that can be spent in the UK as Tier 4 General student will be limited to five years, with a few

The Upper Tribunal has once again addressed the concept of subsisting marriage – a notion with which immigration lawyers and judges have had some difficulties. “Subsisting marriage” is one of the requirements of the immigration rules for the UK spouse visa. This requirement is contained in paragraph 281(iii) together with the requirement to demonstrate the intention to live together permanently as husband and

Proposed changes to the Immigration Rules will enable Tier 2 and Tier 5 migrants to apply for extension of stay online. Other proposed changes will mainly affect the procedure for issuing removal decisions. Explanatory Memorandum claims that changes are limited to administrative matters. UKBA has announced its intention to issue decisions to remove unsuccessful applicants for visa extension immediately following

In the case of Naved v SSHD [2012] UKUT 14 (IAC), the Upper Tribunal has confirmed that the Secretary of State is bound by a common law duty to act fairly.  A decision not compatible with this principle is not “in accordance with the law”. The decision in Naved v SSHD follows and further develops previous case

Statement of Changes HC 760 was laid before Parliament on 22 November 2012. Most changes will come into effect on 13 December 2012. Summary of the pending changes: Tier 1 (Entrepreneur) – English language requirement to be lowered from the current C1 (advanced) to B1 (intermediate) level. Tier 1 (Graduate Entrepreneur) – students will have to demonstrate funding of

The UKBA has announced its intention to introduce another amendment to the Immigration Rules which will come into effect on 1 October 2012. The new rule will require mandatory refusal of applications for those who apply for leave to remain more than 28 days after the expiry date of their visa. This rule will affect: all Points Based System migrants; everyone