Immigration News

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

In Sanade and others (British children – Zambrano – Dereci) [2012] UKUT 00048(IAC) the Upper Tribunal examined the interplay between the automatic deportation following a sentence to imprisonment of 12 months or more, and the statutory exception to deportation afforded by Article 8 ECHR, with particular reference to the children of the person being removed. It was accepted

The case of SC (Article 8 – in accordance with the law) Zimbabwe [2012] UKUT 00056 (IAC) concerned a policy of the Secretary of State not to return Zimbabwean nationals to Zimbabwe where they could not demonstrate loyalty to ZANU-PF, as set out in the guidance case of RN (Zimbabwe).  This moratorium on forced removals

In a recently published statement of intent, the UKBA has announced its new policy in relation to international students and graduates.  Graduate Entrepreneur route will replace the Post-Study Work visa from April 2012. Time that can be spent in the UK as Tier 4 General student will be limited to five years, with a few

The Upper Tribunal has once again addressed the concept of subsisting marriage – a notion with which immigration lawyers and judges have had some difficulties. “Subsisting marriage” is one of the requirements of the immigration rules for the UK spouse visa. This requirement is contained in paragraph 281(iii) together with the requirement to demonstrate the intention to live together permanently as husband and

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