KNOWLEDGE

CENTRE

‘Remove First, Appeal Later’ Extended

Today, Commencement Order No.2 brings into force key sections of the Immigration Act 2016. The ‘remove first, appeal later’ policy is substantially extended. The...

ETS / TOEIC - MA (ETS – TOEIC testing) [2016] UKUT 00450

MA (ETS – TOEIC testing) [2016] UKUT 00450 is the latest case in the string of cases involving those who have had their leave to remain or enter, refused, curtailed, or cancelled. This is generally done on the...

U-turn on proposed immigration appeal fee increases

The Minister of State for Courts and Justice has announced that the government’s proposed Immigration Tribunal fee increases will no longer go ahead. The Proposed Changes Last month, notable changes to the fee...

House of Lords Debates Position Of EU Citizens Post Brexit

The House of Lords Debate of 24 October 2016 outlines some of the very legitimate concerns of the Lords as to what will happen to EU nationals in the UK, and UK nationals elsewhere in the EU. The following questions...

Changes to validity of applications and administrative review

The Immigration Rules have today been amended with the aim of clarifying how to make a valid application for leave to remain, and the circumstances in which fresh evidence can be submitted in administrative review...

New residence requirement for ILR as a PBS dependent partner

** THIS BLOG POST WAS CORRECT AT THE DATE OF PUBLICATION BUT NO LONGER REFLECTS THE CURRENT LEGAL POSITION ** The Home Office has today introduced a new 180 day residence requirement for ILR as a PBS dependent...

Amendments to the family migration immigration rules

New Immigration Rules published today introduce some important changes to the family migration routes under Appendix FM and Appendix FM-SE. Introduced by Statement of Changes HC667, the new rules raise the English...

28-day grace period for overstayers abolished

Changes to the Immigration Rules introduced today abolish the 28-day grace period for the consideration of applications for further leave to remain where an applicant has overstayed and replace it with more restrictive...

Upper Tribunal finds that justice must be seen to be done

The case of Elayi (India) v Secretary of State for the Home Department [2016] UKUT 508 has highlighted the importance of the appearance of justice in immigration cases, as well as the implementation of justice...

Meeting the financial requirement within Appendix FM by reference to adequate maintenance

In July 2012, following on from the report from the Migration Advisory Committee, a minimum income threshold was introduced in respect of sponsorship under the family migration route as set out within Appendix FM...

Litigation debt as a general ground for refusal

In March 2016, a specific power to refuse applications on the basis that an applicant owes a litigation debt was introduced as a general ground of refusal in Part 9 of the Immigration Rules (HC877)....

Changes to Tier 2 Immigration Rules Published

In the Statement of Changes to the Immigration Rules published on 3 November 2016 the Government announced some expected, and some unexpected, changes to Tier 2 applications. The main changes are set out below....