All Articles: Points Based System

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

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

Points Based System hearing

[UPDATE: read about result here] I dropped into court this afternoon to see how the PBS challenge was going. Unfortunately I missed what sounds like a masterclass in the morning from Michael Fordham QC, who led the assault on the vires of the entire P ...

25th May 2010 By

Points Based System oddity

I’ve just been drafting a skeleton argument for yet another Points Based System student refusal where there is no doubt the applicant has plenty of money, it is just that the evidence is not quite in the required form. This application was made ...

1st December 2009 By

Points Based System appeal to Court of Appeal

Permission has finally been granted for an appeal to the Court of Appeal on the current approach of the tribunal to the Points Based System and the scheme’s lawfulness. Six cases have been joined. Oddly, two of the parties are litigants in perso ...

30th November 2009 By

UKBA Inspectorate

I’ve been following with some interest the establishment of the snappily-entitled Office of the Chief Inspector of the UK Border Agency (OCIUKBA to its friends). Like many initiatives to establish supposedly greater accountability for the Home O ...

29th September 2009 By

What’s the point? Migrants to earn points for British citizenship

This is a question many immigrants and immigration lawyers are asking themselves about the so-called Points Based System. Genuine highly skilled immigrants and foreign students are considering heading to other countries and immigration lawyers are con ...

3rd August 2009 By

New PBS decision: not good news

No time for a proper post on this new case from the tribunal, NA & Others (Tier 1 Post-Study Work-funds) [2009] UKAIT 00025, so I’ll just paste in the headnote, which speaks for itself: i. The new-style Immigration Rules governing Tier 1 (Po ...

3rd July 2009 By

PBS decision on the way

Wending my way north on the train at an ungodly hour this morning, I found my reserved seat was opposite a fellow immigration lawyer I know from times past. We had a gossip, and he tells me that he was recently at Processions House, the temporary home ...

15th June 2009 By

First reported PBS appeal decision

The determination concerns the award of a qualification for the purposes of Tier 1: Post Study Work rather than the bigger issue of the silly maintenance requirements. Senior Immigration Judge Spencer finds that a person has not been awarded a qualifi ...

9th June 2009 By

Points Based System changes

The Home Office have today announced some changes to the Points Based System for Tier 4 students. In summary, the main changes are: 1. Transitional arrangements on maintenance are extended to 30 September 2009, meaning the applicant need only show the ...

1st June 2009 By

Points Based System in trouble

There are reports that the Home Office just conceded a judicial review against the maintenance requirements under the Points Based System (PBS). This could be a very important development, and more posts (or comments, below) will follow as details bec ...

26th May 2009 By

Mind your language

The flunky that writes the Home Office press releases really needs to tone it down and get a grip. One of the latest batches of press releases is entitled ‘Tough new rules target bogus colleges and education cheats‘. The words ‘bogus ...

31st March 2009 By

In memoriam

I want briefly to acknowledge the passing of the Working Holiday Maker scheme today. It was one of the last vestiges of the favourable treatment of Commonwealth countries and their nationals. It was always problematic, to be honest. Whites could get i ...

27th November 2008 By

David Cameron opposes immigration rules change

Well, this is a bit of a surprise. “Cameron, David” has lodged an Early Day Motion opposing the latest change in the immigration rules (both latest changes: typically, the first set were badly drafted and needed almost instant amendment a ...

12th November 2008 By

Shortage occupation list published

Favourite shortage occupation: meteorologists It’s official: we don’t have enough home-grown talent in the weather forecasting department and need to import skilled weatherpersons from abroad. In order to tell us that it will rain again. ...

9th September 2008 By

Changes to immigration rules

One of the annoyingly frequent changes to the immigration rules has just been issued and can be found here. These sometimes come out as often as fortnightly, and I can remember a number of occasions when they have been so ill conceived they’ve h ...

10th June 2008 By

Points based immigration system

The Home Office has been planning a shift to a points-based system for assessing immigration applications for some time, and recently announced the timetable for its introduction: Tier 1: beginning of 2008. This part of the scheme is for the highly ...

24th April 2007 By

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