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New Statement of Changes to the Immigration Rules coming into effect on 13 February 2012

Proposed changes to the Immigration Rules will enable Tier 2 and Tier 5 migrants to apply for extension of stay online.

Other proposed changes will mainly affect the procedure for issuing removal decisions. Explanatory Memorandum claims that changes are limited to administrative matters.

UKBA has announced its intention to issue decisions to remove unsuccessful applicants for visa extension immediately following decisions to refuse the application for extension of stay.  This will be done by way of implementing the decision of the Court of Appeal in Sapkota [2011] EWCA Civ 1320 where the Secretary of State was criticised for unreasonable delays in issuing decision to remove.

Paragraph 395 (C) requiring the Secretary of State to have regard to all relevant factors known to her prior to making such decision is to be deleted from the Immigration Rules.  However, explanatory memorandum confirms the duty of the Secretary of State to act fairly.  It is stated that the rationale behind the change is not to exclude relevant matters from consideration, but to shift the burden of introducing the relevant matters on to the applicant.  If the government approves the proposed changes, they will come into effect on 13 February 2012.

Full text of the Statement of Changes

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