All Articles: Points Based System

Inspection report finds chaotic Home Office practices in student cases

A recent report by the Chief Inspector of Borders and Immigration, David Bolt, revealed that the management of curtailment decisions in Tier 4 cases is inconsistent and the Home Office is unable to deal with the thousands of curtailment cases and ...

29th March 2016 By

Statement of changes to the Immigration Rules: HC877

A new set of Immigration Rules has been laid in Statement of Changes HC877. The changes take effect on 6 April 2016. You can access the explanatory notes or the full rules or both together. There are a LOT of changes. Stand out features include: Thos ...

11th March 2016 By

Is the UK Government selling British passports?

A few snippets from a recent debate in the House of Lords. An amendment to the current Immigration Bill currently wending its way through Parliament was tabled which would close the Tier 1 Investor route. This type of visa is obtained by making an inv ...

24th February 2016 By

Statement of changes to the Immigration Rules HC535: analysis

Major changes to the Immigration Rules affecting refugees, Tiers 1, 2 and 5, EEA nationals sponsoring family members under the Immigration Rules, visitors, applications for Administrative Review and knowledge of language and life tests are being intro ...

11th November 2015 By

New report suggests Tier 1 Investor route used for large scale money laundering

A new report by Transparency International, Gold rush: Investment visas and corrupt capital flows into the UK, suggests that substantial amounts of corrupt wealth stolen from China and Russia are “highly likely” to have been laundered in ...

22nd October 2015 By

Supreme Court upholds evidential flexibility policy

The Supreme Court has given judgment in the case of Mandalia v Secretary of State for the Home Department [2015] UKSC 59 about the interpretation and application of the Home Office’s Points Based System evidential flexibility policy. Regular fol ...

19th October 2015 By

Court of Appeal dismisses ETS challenges

Back in the day, One Direction enjoyed considerable success and dominated the reported charts. Without a picture in the attic, though, good fortune and good looks cannot last forever. Decline is inevitable. It can be embraced with dignity but this elu ...

29th September 2015 By

Statement of Changes to the Immigration Rules HC 437

Statement of Changes to the Immigration Rules HC 437 has been published. Most of the changes are fairly minor or technical but not all. From the explanatory notes: The purpose of these changes is to: implement section 53(1) of the Modern Slavery Act ...

17th September 2015 By

Good news and bad for challenges to ETS fraud decisions

The Upper Tribunal has given judgment in a test case on ETS appeals and judicial reviews: R (on the application of Gazi) v Secretary of State for the Home Department (ETS – judicial review) IJR [2015] UKUT 327 (IAC). It is essential reading for anyo ...

18th June 2015 By

Immigration applicants cannot rely on telephone calls with Home Office

Immigration applicants cannot rely on telephone calls with Home Office operators, the Upper Tribunal has held in the case of R (on the application of Zia and Another) v Secretary of State for the Home Department IJR [2015] UKUT 191 (IAC). ...

19th May 2015 By

Genuine students and ECO interviews

Having just finished drafting grounds for judicial review in a case involving a refusal of a Tier 4 study application on the grounds that the applicant was not a “genuine student” I was interested to see the new case of R (on the applicat ...

17th May 2015 By

High Court finds Tier 1 Entrepreneur landline requirement irrational

The High Court has found part of the Tier 1 Entrepreneur rules to be irrational in the case of R (on the application of Sabir & Ors) & Anor v The Secretary of State for the Home Department [2015] EWHC 264 (Admin). Despite succeeding on part ...

23rd March 2015 By

Court of Appeal condemns complexity of Points Based System

The Court of Appeal condemns the complexity of the Points Based System in the case of Hossain & Ors v Secretary of State for the Home Department [2015] EWCA Civ 207. Lord Justice Beatson says at paragraph 30: The detail, the number of documents th ...

16th March 2015 By

Genuineness test for entrepreneurs and new evidence on appeal

The case of Ahmed and Another (PBS: admissible evidence) [2014] UKUT 365 (IAC) concerns the ‘genuineness’ test that was introduced for entrepreneur applications as the final death knell for the original concept of the Points Based Syste ...

12th August 2014 By

MORE evidential flexibility cases

Having been overruled by the Court of Appeal in the case of Rodriguez [2014] EWCA Civ 2 (FM post here), Mr Justice McCloskey, President of the Immigration and Asylum Chamber of the Upper Tribunal, has returned to the vexed issue of ‘evidential ...

27th June 2014 By

Points Based System flexibility to be considered by Supreme Court

The case of Rodriguez, Mandalia and Patel [2014] EWCA Civ 2 is to be reconsidered by the Supreme Court, this months grants of permission reveals. The case concerns the ‘evidential flexibility’ policy that I think was first publicly reveal ...

12th June 2014 By

Educational Testing Service officially dropped from Immigration Rules

A new Statement of Changes to the Immigration Rules (HC 198) corrects an earlier botched attempt to change the rules by fiat and remove discredited Educational Testing Services (ETS) as providers of the English language test needed for many modern im ...

10th June 2014 By

When is a rule not a rule? Students and veracity checks

This post has been contributed by, Vijay Jagadesham, who represented the College in Global Vision College Ltd v SSHD[2014] EWCA Civ 659. Readers would be forgiven for thinking that this question was clearly answered by the Supreme Court in the case ...

6th June 2014 By

Shebl (Entrepreneur: proof of contracts) [2014] UKUT 216 (IAC)

Official headnote: The requirement to prove the existence of “contracts” in paragraph 41-SD of Appendix A to the immigration rules does not itself require the contracts in question to be contained in documents. There is, however, a need for such c ...

16th May 2014 By

Evidential Inflexibility: SSHD v Rodriguez

In one of the earliest cases of the year, Secretary of State for the Home Department v Rodriguez [2014] EWCA Civ 2, the Court of Appeal has overturned the decision of the Upper Tribunal under the new president McCloskey J, Rodriguez (Flexibility P ...

29th January 2014 By

Lord Justice Jackson in Pokhriyal [2013] EWCA Civ 1568

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. Source ...

5th December 2013 By

New Statement of Changes to Immigration Rules CM 8690

Comes into force today. Clarifies that Tier 4 students on post graduate courses of 12 months or longer can sponsor family member dependants. TB screening introduced for those entering from Mauritania for over 6 months and TB screening only required ...

1st August 2013 By

Supreme Court upholds Points Based System sponsor licensing scheme

The Supreme Court has held the Points Based System’s sponsor licensing scheme is lawful. As Nicola Carter observes, sponsors may be disappointed with the result in R (on the application of New London College Ltd) v Secretary of State for the Hom ...

23rd July 2013 By

Khatel overturned

In the case of Secretary of State for the Home Department v Raju & Ors [2013] EWCA Civ 754 the Court of Appeal has overturned the Upper tribunal’s earlier judgment in Khatel and others (s85A; effect of continuing application) [2013] UKUT 44 ...

22nd July 2013 By

Kaur (Patel fairness: respondent’s policy) [2013] UKUT 344 (IAC)

Short case reiterating that Home Office has to act in accordance with its policies, including that designed to give effect to the earlier Patel case on the situation of students whose college has its sponsor licence suspended or withdrawn. Outgoing Pr ...

19th July 2013 By

New evidential flexibility policy

Rumours as to the death of the ‘evidential flexibility’ policy prove to have been exaggerated. A new version was recently published. Hat tip to Adam Pipe of No 8 Chambers in Birmingham. The policy covers the circumstances in which a Points ...

26th June 2013 By

Chikwamba delivers again

Last month saw the advent of a very useful decision from the High Court concerning the lack of provision in the Immigration Rules to allow migrants in the Points-Based System to switch whilst in-country into a PBS dependent category: Zhang, R (on the ...

28th May 2013 By