The rules governing the PBS are set out in the Immigration Rules and the appendices to those rules. These provisions have now achieved a degree of complexity which even the Byzantine Emperors would have envied.
Archives For Immigration rules
Newly introduced Immigration Rules (Statement of Changes HC 803) due to take effect on 1 December 2013 will end a concession for family members of members of the armed forces, forcing many such families to separate if the soldier is stationed to the UK.
Ending the concession and bringing soldiers into line with other British citizens and foreign nationals subject to the minimum income threshold ignores the unique position of the armed forces. A soldier does not have any control over the country to which he or she is posted or for how long, so the position is not analogous to any other British citizen or foreign national choosing to work abroad or relocate to the UK. Soldiers who are posted abroad may well put down family roots during foreign postings. It ignores the reliance of the armed forces on foreign national soldiers, many of whom of course have families abroad. It also ignores the fact they are putting their lives on the line. Continue Reading…
Where an immigration official alleges that a document used in an application is false or forged, a ‘Document Verification Report’ (DVR) is routinely prepared. This report states the reasons why immigration officials believe the document is false. It is vital that an applicant suspected of deception can answer the charge, and without sight of the DVR that is impossible.
It should also be pointed out that DVRs are sometimes woefully inadequate and reveal no real basis for claiming a document is forged.
I have now heard of a different class of document prepared by immigration officials, the Document Examination Report (DER). Continue Reading…
Update on Home Office appeal against spouse minimum income judgment
I’ve had quite a few queries asking for updates on the spouse minimum income case, MM & Ors v Secretary of State for the Home Department  EWHC 1900 (Admin). The challenge to the rules essentially succeeded in the High Court but the Home Office have appealed to the Court of Appeal (blog post: “High Court finds minimum income rules disproportionate and unjustified“). Sanjeev Sharma of JM Wilson Solicitors in Birmingham is the leading solicitor in the case and the Home Office appeal in the Court of Appeal is to be heard between 3 and 5 March 2014. Judgment is likely to come some time after that.
Child abduction is a criminal offence. It requires covert departure from the UK to another country, and from the abductor’s point of view preferably one that is not in Europe, not a signatory to the Hague Convention and that does not have a bilateral agreement with the UK. The incredibly extensive powers available to the High Court include ‘port stop’ orders for prevention of undetected departure or entry and obtaining various records of the abductor and family members from third parties in order to locate the missing child. All this is intended to and does make child abduction very difficult and very risky.
Some parents, though, have cottoned on to the use of a loophole in immigration laws that allow a very effective form of child abduction without any of the inconvenience. All the cases I have seen or heard of have involved a female foreign spouse. Unlike in forced marriage cases or conventional child abductions, Government officials turn a blind eye. And recent immigration law changes exacerbate the situation for victims, who are not just the stranded spouses but also the children. Continue Reading…
Theresa May spent over a year saying her new immigration rules would weaken Article 8 rights for “foreign criminals” but conceded the point within a day at the Court of Appeal.
MF (Nigeria) v SSHD  EWCA Civ 1192 makes clear that the Immigration Rules governing deportation now provide a ‘complete code’ for the Article 8 rights of foreign criminals. But they do not change the substantive law relating to Article 8 proportionality assessments and do not create a legal test of exceptionality for succeeding where the Rules are not met.
Making a mistake on an immigration application form can be disastrous. If the mistake is interpreted by officials as an attempt to mislead or deceive, the application must be refused. If the application was for entry clearance, it will also lead to a 10 year ban on re-entry.
A newly emerged policy may help in some of these difficult cases. Continue Reading…
At two and three years old respectively, it is considered that x and y are of an age where they would be able to readjust to life without you.