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Points Based System in trouble

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 become available.

The challenge appears to have been based on the argument that very strict, pedantic maintenance requirements of the PBS bear little or no relation to the avowed purpose of those requirements. The purpose is to make sure successful applicants have enough money to look after themselves and their dependants and not to become a burden on public funds. An applicant has to show a certain bank balance using certain very specific documents, which some banks are proving unwilling to supply, for a period of three months. The application is rejected if the balance falls below the specified amount for any length of time and by any amount during the three month period – even £1 below for 1 day is enough to trigger refusal. However, even people with very substantial income and with no history or future danger of having recourse to public funds may not be able to meet the rigid requirements, whereas even the profoundly impecunious can borrow the necessary amount for the necessary amount of time.

The Home Office not only conceded the case but also arranged for the challenger to be readmitted to the UK and paid their costs. It was a Tier 1 case but the same principles apply to other tiers.

This could well herald the end of the current daft approach to maintenance that is causing so many silly refusals at the moment. For those with current appeals based on a maintenance refusal, they have a very strong argument that their refusal was not in accordance with the law in the general sense. See the page on finding a lawyer for advice on that subject.

Free Movement

The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.

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