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More new Immigration Rules with immediate effect

More new Immigration Rules with immediate effect

It's a rule
It’s a rule

Statement of Changes HC 820 was laid before Parliament yesterday, 12 December 2012, to come into effect today, 13 December 2012. You  need look no further than the fact that this is the ninth Statement of Changes to the Immigration Rules this year alone if you need to know what is wrong with immigration law and why the UK Border Agency simply cannot cope. And surely in no other area of law would the Government introduce new rules with no warning that have retrospective effect and change one’s eligibility even after one made an application under a different, earlier set of rules? It is becoming so routine that it is almost too much effort to get angry about it.

Anyway, the main impact of the changes is that they commence most of the human rights private life changes to the rules from an earlier Statement of Changes, HC 760, for all decisions on or after today. Previously the changes had appeared to commence for all applications on or after that date. Hilariously, the UK Border Agency assert that this will “provide greater clarity for applicants”. That is, applicants who have already applied under one set of rules but suddenly find that the rules have changed since they applied. It seems doubtful that those applicants would agree that this provides clarity.

The other changes are to apply a transitional concession to Tier 1 (Investor) migrants who entered the route or applied to enter the route before the changes regarding loans secured against investments and investments held in offshore custody and to ensure that provisions for indefinite leave to remain for a person established in business in the UK under the provisions of an EC Association Agreement continue to have effect.

Colin Yeo
Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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