Tier 2: is it Brexit ready? – Free Movement

‘Everything about the UK work permit system is designed to disincentivise employers importing migrant labour from outside of the EU.’

Full Story

Free Movement, 12th June 2017

Source: www.freemovement.org.uk

New measures to tighten up the immigration system – Home Office

‘A new crackdown on immigration abuses was announced today by the Prime Minister and the Home Secretary as part of the government’s long-term economic plan to secure a better future for Britain.’

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Home Office, 29th July 2014

Source: www.gov.uk/home-office

AA (Somalia) v Entry Clearance Officer – WLR Daily

Posted December 19th, 2013 in adoption, asylum, children, immigration, law reports, sponsored immigrants, Supreme Court by tracey

AA (Somalia) v Entry Clearance Officer [2013] UKSC 81;   [2013] WLR (D)  499

‘Paragraph 352D of the Statement of Changes in Immigration Rules (1994) (HC 394), as amended and inserted, which provided for the grant of leave to enter to the “child of a parent” who had been admitted to the United Kingdom as a refugee, did not extend to a child for whom a family member had taken responsibility under the Islamic procedure of “kafala” and whose “adoption” did not fall within the meaning of paragraphs 6 and 309A of the Rules.’

WLR Daily, 18th December 2013

Source: www.iclr.co.uk

Pokhriyal v Secretary of State for the Home Department Hussain v Same – WLR Daily

Pokhriyal v Secretary of State for the Home Department; Hussain v Same [2013] EWCA Civ 1568; [2013] WLR (D) 471

‘Paragraph 120B of Appendix A to the Statement of Changes in Immigration Rules did not require that an academic institution accepting students from abroad for continuing studies under the points based system should expressly state that a proposed course constituted academic progress. The mere issue of a certificate of acceptance for studies constituted an assertion to that effect.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Forced Marriage and Court of Protection – No. 5 Chambers

“In this two part article, Adreeja Chatterjee provides an introduction to the forced marriage legislation. This article explores the ‘typical’ forced marriage scenario, and how this compares to scenarios which crop up in the Court of Protection – where the mental capacity of the bride or groom is at the heart of the case. There is also an exploration of the case of [XCC v AA & Anor (Rev 3) [2012] EWHC 2183 (COP) (26 July 2012)] – a case in which Adreeja appeared in the first part of the litigation, and which merits close scrutiny.”

Full story

No. 5 Chambers, 29th July 2013

Source: www.no5.com

Regina (New London College Ltd) v Secretary of State for the Home Department (Migrants’ Rights Network and another intervening); Regina (West London Vocational Training College) v Same – WLR Daily

Regina (New London College Ltd) v Secretary of State for the Home Department (Migrants’ Rights Network and another intervening): Regina (West London Vocational Training College) v Same: [2013] UKSC 51;   [2013] WLR (D)  294

“The requirement, laid down under section 3(2) of the Immigration Act 1971, that rules affecting immigrants be laid before Parliament before they became lawful applied to rules which a migrant had to fulfil as a condition of his obtaining leave to enter or remain in the United Kingdom and did not apply to rules which an educational establishment had to fulfil before it was entitled to sponsor students from outside the European Economic Area.”

WLR Daily, 17th July 2013

Source: www.iclr.co.uk

R (on the application of New London College Limited) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of West London Vocational Training College) (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

R (on the application of New London College Limited) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of West London Vocational Training College) (Appellant) v Secretary of State for the Home Department (Respondent) [2013] UKSC 51 UKSC 2012/0060 (YouTube)

Supreme Court, 17th July 2013

Source: www.youtube.com/user/UKSupremeCourt

Regina ( WGGS Ltd trading as Western Governors Graduate School) v Secretary of State for the Home Department – WLR Daily

Posted March 13th, 2013 in appeals, education, law reports, news, sponsored immigrants by sally

Regina ( WGGS Ltd trading as Western Governors Graduate School) v Secretary of State for the Home Department [2013] EWCA Civ 177; [2013] WLR (D) 96

“The UK Border Agency required colleges seeking highly trusted sponsor status to report all students who failed to enrol including those refused entry clearance or leave to remain. A refusal rate of 20% made proper allowance for unsuitable applicants who could not reasonably be weeded out by a college’s admissions staff.”

WLR Daily, 8th March 2013

Source: www.iclr.co.uk

Important changes to the restricted certificates of sponsorship (RCoS) application process from 6 March 2013 – UK Border Agency

Posted March 6th, 2013 in codes of practice, employment, news, sponsored immigrants by sally

“We are making changes to the codes of practice for skilled employers. This includes updating the list of skilled occupations to reflect the Standard Occupational Classification (SOC) 2010 system.”

Full story

UK Border Agency, 5th March 2013

Source: www.ukba.homeoffice.gov.uk

Bilston Community College falls foul of ‘ever-changing’ UKBA regulations – The Guardian

Posted November 5th, 2012 in education, immigration, licensing, news, sponsored immigrants by sally

“Bilston is the latest institution to have its licence to sponsor overseas students withdrawn.”

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The Guardian, 2nd November 2012

Source: www.guardian.co.uk

Changes to family immigration rules: the cost of love – Halsbury’s Law Exchange

Posted July 11th, 2012 in families, immigration, news, sponsored immigrants by tracey

“Last night a panel discussion was held in the Houses of Parliament to discuss the recently announced rule changes on family migration to the UK from outside the EU.”

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Halsbury’s Law Exchange, 10th July 2012

Source: www.halsburyslawexchange.co.uk

AA (Somalia) v Entry Clearance Officer – WLR Daily

Posted May 4th, 2012 in adoption, asylum, children, law reports, sponsored immigrants by tracey

AA (Somalia) v Entry Clearance Officer: [2012] EWCA Civ 563;  [2012] WLR (D)  134

“Paragraph 352D of the Statement of Changes in Immigration Rules, concerning the entitlement to entry clearance of a child seeking entry into the United Kingdom as a de facto adopted child of a sponsor who had previously been granted asylum as a refugee, did not extend to children who, neither adopted de jure nor de facto within the ambit of paragraph 309A of the Rules, could be styled as ‘adopted’ by reason of having become a child of the family.”

WLR Daily, 1st May 2012

Source: www.iclr.co.uk

Regina (New London College Ltd) v Secretary of State for the Home Department – WLR Daily

Posted February 6th, 2012 in education, human rights, law reports, sponsored immigrants by sally

Regina (New London College Ltd) v Secretary of State for the Home Department [2012] EWCA Civ 51; [2012] WLR (D) 21

“The suspension or withdrawal of a general (student) sponsor licence granted to a United Kingdom college to sponsor and enrol students from non-European Economic Area countries on point based immigration control, to study in the college, was not an infringement of the college’s Convention right to its possessions within the meaning of article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, so as to be protected under that article.”

WLR Daily, 2nd February 2012

Source: www.iclr.co.uk

Regina (New London College Ltd) v Secretary of State for the Home Department – WLR Daily

Posted April 11th, 2011 in human rights, judicial review, law reports, sponsored immigrants by sally

Regina (New London College Ltd) v Secretary of State for the Home Department [2011] EWHC 856 (Admin); [2011] WLR (D) 129

“A sponsorship licence issued by the United Kingdom Border Agency to a business that was engaged in the provision of educational services to migrants from outside the European Economic Area constituted “possessions” within the meaning of article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 7th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

ZN (Afghanistan) and others v Entry Clearance Officer – WLR Daily

Posted May 13th, 2010 in immigration, law reports, sponsored immigrants, Supreme Court by sally

ZN (Afghanistan) and others v Entry Clearance Officer [2010] UKSC 21; [2010] WLR (D) 121

“Family members who sought entry to the United Kingdom to join a sponsor who had been granted asylum but had subsequently obtained British citizenship still had to satisfy the rules dealing with applications to join a person who had been granted asylum and, therefore, they did not have to meet the maintenance and accommodation requirements imposed by the general rules relating to applications by family members.”

WLR Daily, 12th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mahad v Entry Clearance Officer; Ali and another v Same; Ismail and another v Same; Sakthivel v Same; Muhumed v Same (Equality and Human Rights Commission intervening) – WLR Daily

Posted December 17th, 2009 in law reports, sponsored immigrants, third parties by sally

Mahad v Entry Clearance Officer; Ali and another v Same; Ismail and another v Same; Sakthivel v Same; Muhumed v Same (Equality and Human Rights Commission intervening) [2009] UKSC 16; [2009] WLR (D) 367

“Financial support provided by third parties could be taken into account when considering whether a person who was seeking leave to enter the United Kingdom to join a sponsoring relative could be maintained without recourse to public funds.”

WLR Daily, 16th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

OQ (India) and another v Secretary of State for the Home Department: SM (India) v Same – WLR Daily

Posted November 27th, 2009 in EC law, freedom of movement, law reports, sponsored immigrants by sally

OQ (India) and another v Secretary of State for the Home Department; SM (India) v Same [2009] WLR (D) 343

“Where a person, in reliance, inter alia, upon art 3(2) of the Citizen Directive, sought to claim a right of entry and residence as a dependant of a Union citizen, there was no requirement to ask whether the claimed dependence arose from a need for the support of such a citizen.”

WLR daily, 26th November 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 

AM (Ethiopia) and others v Entry Clearance Officer – WLR Daily

Posted October 27th, 2008 in immigration, law reports, sponsored immigrants, third parties by sally

AM (Ethiopia) and others v Entry Clearance Officer [2008] EWCA Civ 1082; [2008] WLR (D) 329

The principle that support or funding from a third party could not be relied on by a prospective entrant to the United Kingdom under r 297(v) of the Immigration Rules (HC 395), where the entrant was a child of a parent or a relative settled here, was applicable to r 281, where the entrant was a spouse or partner, and r 317, where he was a parent, grandparent or other dependent relative of the person settled here.”

WLR Daily, 24th October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.