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 not Jane’s FoI instructions) was very recently covered by the Upper...
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 with the July 2012 changes. Other changes...
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 11pm last night alerting members to this following another...
Continuing with our efforts to decipher and digest the new Immigration Rules, this post examines the changes made to the categories relevant to parents of children who are here in the UK. As is common to most if not all categories under the new Rules, this section is also subject...
Following up from yesterday, this post is now going to look at the second case of two from the Upper Tribunal setting further guidance as to how to deal with family proceedings. In Nimako-Boateng (residence orders – Anton considered) [2012] UKUT 00216 (IAC) the UT had considered the position as it...
Two cases were reported very recently from the Upper Tribunal both looking at the impact of family court proceedings and orders on immigration proceedings and vice versa. The first case of Nimako-Boateng (residence orders – Anton considered) [2012] UKUT 00216(IAC) is dealt with in this post leaving the second case...
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 of the issues covered. The notes highlight the...
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 application fee. We’ve waited too long for some sensible guidance in this area and this...
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 English equivalent to the “B2” level of the Council of Europe’s Common...
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 remain within Tier 4. The SSHD’s sole reason for refusal was...
