All Articles: Points Based System

Baa humbug

Sheep shearer concession I kid you not. ...

9th April 2013 By

More changes to the Immigration Rules

Two Statements of Changes to bring to your attention, HC1038 and HC1039. On Monday 1 April 2013, HC1038 came into effect and can be viewed here. Far weightier are the changes contained in HC1039 which will be brought into force on Saturday 6 April 201 ...

4th April 2013 By

More Evidential Flexibility Policy instructions disclosed

A big thank you goes to Jane Heybroek of Bell Yard Chambers for persisting with her Freedom of Information request in relation to further documents concerning the Evidential Flexibility policy.  You can access the disclosure here.  The policy (but n ...

6th March 2013 By

Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC)

Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC). About as good as it could be. Appeals to be allowed where UK Border Agency Points Based System decisions fail to apply the evidential flexibility policy. ...

1st February 2013 By

Post Study Work and s.85A: applications continue until decided

The very recent reported case of Khatel and others (s85A; effect of continuing application) Nepal [2013] UKUT 44 (IAC) consolidates the on going issues in relation to Points Based System Tier 1 Post Study Work applications: the date of the award and ...

30th January 2013 By

More new rules…

On 22 November 2012 a new Statement of Changes was laid which brings in quite a few amendments to the Immigration Rules. A large proportion of those changes are yet again to clarify, correct and/or put into place what was apparently always intended wi ...

3rd December 2012 By

New Statement of Changes – sigh…

Yes another Statement of Changes – HC 565 –  has been laid and (hold your breath), most of it comes into force… today!  I am grateful to Alison Harvey at ILPA, whose hard-work is truly immeasurable:  an e-mail was sent out at 11p ...

6th September 2012 By

Evidential flexibility policy revealed

Further to Sarah Pinder’s earlier post on this subject, I have been provided with a copy of the infamous “PBS PROCESS INSTRUCTION EVIDENTIAL FLEXIBILITY” document in response to a Freedom of Information Request. I am very grateful to Jane H ...

30th July 2012 By

Pankina upheld by Supreme Court

[UPDATE: for more analysis see new post The Case of the Lost Prerogative] This is huge news in immigration law: the Supreme Court has dismissed the Home Office appeal in Alvi [2012] UKSC 33, upholding the earlier Court of Appeal judgment in Pankina. T ...

18th July 2012 By

No new evidence in Points Based System appeals

In another major end of term judgment the Court of Appeal has finally reviewed the legality of preventing reliance on new evidence at Points Based System appeals hearings. The case is Alam v Secretary of State for the Home Department [2012] EWCA Civ 9 ...

17th July 2012 By

Fairness and the Points-Based System: A contradiction in terms?

Kezia Tobin and Sarah Pinder recently broached this topic at a seminar given by Renaissance Chambers on 13 June 2012 digesting the procedural issues and most recent case-law involved and this post has been put together by them both to highlight some o ...

22nd June 2012 By

Immigration Rules Round-up: the new rules (6th April 2012) covered so you don’t have to

Theresa May announced substantive changes to the immigration rules, which would limit the number of immigrants entering the UK on the basis of marriage or having family members here. Some of the changes, coming into force on the 9th July 2012, were c ...

20th June 2012 By

Fairness to the rescue – Yes, again!

The trend is continuing with the fairly recent Upper Tribunal decision of Basnet (validity of application – respondent) [2012] UKUT 00113 (IAC).  This concerns applications rejected as invalid specifically due to a non-payment of the applicatio ...

30th April 2012 By

Section 85A commencement order doesn’t mean what it says

Far too late to be of use to anyone, the Upper Tribunal has held that the controversial commencement of section 85A did not affect appeals that had already been lodged. The case is Shahzad (s. 85A: commencement) Pakistan [2012] UKUT 81 (IAC). It was ...

23rd March 2012 By

Pankina and Beyond! Students and knowledge of English

I recently acted in an appeal concerning a Tier 4 Student application in which the sole reason for refusal concerned the appellant’s English language ability.  Since April 2011 all degree–level students have been required to show knowledge of Eng ...

1st March 2012 By

Guest worker era begins

In a slew of new documents published today the Government has heralded the end of quasi-automatic settlement for skilled foreign workers under Tier 2 of the Points Based System, the evisceration of the Overseas Domestic Worker scheme, some tinkering w ...

29th February 2012 By

Fairness to the rescue (again)

The latest case on fairness and the Secretary of State’s duty within the Points-Based System was published earlier last month.  Naved (Student – fairness – notice of points) [2012] UKUT 14(IAC) concerned a student applying for further leave to ...

15th February 2012 By

All change

A plethora of immigration tweaks were announced yesterday, mainly of a technical nature. There is still no sign of the introduction of a minimum income level nor the ending of Tier 2 settlement applications. It is beginning to seem likely that these w ...

14th February 2012 By

English language requirements tightening

In parallel announcements the UK Border Agency has said that language requirements for Tiers 1, 2 and 4 of the Points Based System (highly skilled, skilled and students) are being tightened up slightly. The concession that allowed Tier 1 and 2 applica ...

1st February 2012 By

Sponsors, paranoia and unfair dismissal

What is the psychological effect upon employers of the increasing stringency of their obligations under the Points Based System? The civil penalties under section 15 of the Immigration and Nationality Act 2006, which, in February of 2008, created the ...

17th December 2011 By

Pankina, work permits, and ILR

A new case from the High Court offers an interpretation of Pankina that might give hope to work permit holders applying for Indefinite Leave to Remain (ILR). Singh J in R (Ahmed) v Secretary of State for the Home Department [2011] EWHC 2855 (Admin) c ...

15th November 2011 By

Watch out old work permit holders…

Back on 6 April 2011 the UK Border Agency made a change to the settlement rules for work permit holders who had entered the UK before the Points Based System was introduced. The change required a work permit holder to be paid a certain salary in order ...

2nd November 2011 By

Another secret policy…

Perhaps not breaking news for some of you but I suspect not everyone has come across the references to the UKBA’s policy of “evidential flexibility” in the context of Points Based System applications. Over the last few months, various documents ...

1st November 2011 By

New evidence in Points Based System appeals

The Upper Tribunal has reported a decision on the effect of the new section 85A of the Nationality, Immigration and Asylum Act 2002: Alam (s 85A – commencement – Article 8) Bangladesh [2011] UKUT 00424 (IAC). The official headnote reads as follows ...

26th October 2011 By

Exceptional Talent route finally opens

The Exceptional Talent route attracted a lot of attention and comment when it was announced way back in November 2010. Questions were starting to be asked about what had happened to it and whether arts and science organisations were really willing to ...

21st July 2011 By

Batch of new tribunal decisions

The legal luggage carousel of the tribunal’s reporting committee has deposited a large batch of new cases in the arrivals hall of BAILII. Some of these cases are interesting, others perhaps a little less so. The more interesting include a couple ...

30th June 2011 By

‘Unnecessary’ appeals to end

I’m full of good news today! The rumours were true and section 19 of the UK Borders Act 2007 is being brought into force as of 23 May 2011. It makes most Points Based System appeals, er, pointless. There’s a news item on the UKBA website a ...

19th May 2011 By

All criminal convictions to act as bar to settlement from today

I have had to redraft this post, which had been intended to be a good news story about a positive development at the UK Border Agency and which I had scheduled for Monday morning. A nice start to the week, thought I. However, late last week it transpi ...

6th April 2011 By

No strings attached

The Government would like students to come to the UK, pay their overseas tuition fees (and a few immigration fees along the way) and then, as the great Meatloaf would put it, be gone when the morning comes. Despite the general reputation of students f ...

31st March 2011 By

Points Based System survey results

The Home Office have published the results of a survey on the Points Based System (full report, summary, both as pdfs). It makes interesting reading. Well, I say “interesting”, I actually mean “terribly dull unless you are freakishly ...

25th February 2011 By

Tribunal catch up

There have been a few quite interesting tribunal determinations recently, which I have overlooked for various reasons. I thought it was high time for a catch up, otherwise I’ll never force myself to sit down and digest them. MJB (Inability to pr ...

26th January 2011 By

Round up

There have been two big developments in the last week or so: the ‘ending’ of child detention and the successful challenge to the temporary mad cap (as I link to think of it). On child detention, Alan Travis of The Guardian was clearly well ...

21st December 2010 By

New PBS cases

The tribunal has allowed two appeals on the basis that Pankina does not only apply to the three month rule and that all an applicant need do is comply with the requirements of the Immigration Rules themselves. See FA and AA (PBS effect of Pankina) Nig ...

6th September 2010 By

Post Pankina Rules Update

Following Pankina, UKBA laid Statement of Changes HC 382, different parts of which came into effect on 23 July and 12 August 2010. The main changes were to incorporate into the main Immigration Rules some provisions that had previously featured only i ...

23rd August 2010 By

Temporary immigration cap

I still use this blog as my own personal note book of developments I might well want to look up later. I’m currently updating and re-writing the HJT Immigration Manual (ready first week of September in time for the next round of accreditation, a ...

23rd August 2010 By

New rules sidestep Pankina and English UK

The Government has laid a new Statement of Changes (HC 382) that incorporates the parts of the Points Based System policy guidance ruled unlawful in the Pankina and English UK cases. This reinstitutes the three month £800 requirement and the minimum ...

23rd July 2010 By

PBS decision not being appealed

The Points Based System test case, Pankina, is not being appealed by UKBA. This has been confirmed by Treasury Solicitors. Interim guidance has apparently been issued to UKBA caseworkers. More information and links if/when I get a chance. ...

21st July 2010 By

English UK challenge successful

Firstly, I am well aware that this blog is seriously behind with a lot of the developments that have taken place in the last fortnight. And a lot has happened. I’ve actually read more or less everything now (iPad + public transport to far flung ...

10th July 2010 By

Points Based System appeal succeeds

The appeal against the Home Office interpretation of the Points Based System has succeeded in the Court of Appeal. Regular readers may remember I went along to and reported on part of the hearing. The case is Secretary of State for the Home Department ...

23rd June 2010 By

Challenge to new language requirements

UPDATE: challenge successful. Penningtons have dropped me a line with some interesting information about a challenge to the new English language requirements for foreign Tier 4 students. The challenge is being brought by English UK, a national associa ...

3rd June 2010 By

Quick Reads