Immigration News

The government intends to discard full right of appeal for family visitors by January 2014.  In much shorter term, from July 2012, the right of appeal will only be available to the core family members – parents, grand parents, spouse and children – of persons settled in the UK, or of those granted refugee status

Under paragraph 134(iv) of the UK Immigration Rules, a work permit holder applying for indefinite leave to remain is required to provide certification from his employer that he is paid at or above the appropriate rate for the job as stated in the Standard of Occupation Codes of practice for Tier 2 Sponsors, in line with the

EEA nationals who are exercising their Treaty right to free movement in the UK (in other words, who are employed, self-employed, studying or enjoying the life of financial independence in the UK) are allowed to bring their non-European national family members with them.  This right is an automatic one for ‘immediate family members’ which includes spouses, children

In the case of Basnet (validity of application – respondent) [2012] UKUT 00113(IAC), the Upper Tribunal has made very helpful comments on the appeal procedure in relation to cases where an application is rejected by the UKBA as invalid for lack of payment and  the right of appeal is disputed. The general rules is that there is no right of appeal

Paragraph 317 of the Immigration Rules provides for circumstances where parents, grandparents or other dependent relatives of a person present and settled in the UK may apply for settlement to join their UK based sponsor. The rule caters for dependent relatives ‘living alone outside the United Kingdom in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled

In the case of Baylan (Turkish ECAA- ‘identical’ applications) Turkey [2012] UKUT (IAC), the Upper Tribunal has provided guidelines on the issue of identical or near identical Turkish ECAA applications.  Generally, when dealing with any Turkish ECAA case, decision makers must bear in mind the guidance given in EK (Ankara Agreement-1972 Rules- construction) Turkey [2010]

A ‘one-stop’ notice allows an applicant to raise further grounds for the grant of leave to remain which are outside the scope of their original application.  Its purpose is to ensure that an applicant will have all appealable decisions considered in one appeal hearing. The notice can be served at any point by the Secretary

Statement of Changes in Immigration Rules accompanied by Explanatory Memorandum (HC1888) brings a new wave of radical changes in the immigration law.  Some of these will come into effect as soon as 6 April 2012. The changes encompass introduction of new immigration categories of visitors carrying out permitted paid engagements, and Tier 1 (Graduate Entrepreneur) category.

In a recent reported decision in KH (Pakistan) and AT (Mauritius) v SSHD,  [2012] EWCA Civ 1054, the Court of Appeal restricted the principle established by the House of Lords in Chikwamba regarding legality of insisting on an out-of-country application where all other requirements for entry are met. The leading judgment was delivered Elias LJ, who took

The Migration Advisory Committee have recommended to keep the cap on Tier 2 immigration at the same level as in 2011. This means, there will be 21,700 places for migrants from outside the European Union wishing to come and work in the UK between April 2012 and April 2013. No changes have been proposed with regard to the policy