‘As it emerged up to 80,000 Britons could be banned from US flights due to a passport changes, here are five more things you may not know about yours.’
The Independent, 6th May 2016
Source: www.independent.co.uk
‘Two of Parliament’s most influential committees will next week investigate how Britain’s system of screening for terrorists crashed last summer without the public knowing.’
Daily Telegraph, 2nd May 2016
Source: www.telegraph.co.uk
‘More than 30,000 non-EU students a year have had their visas curtailed by the Home Office in the past three years, figures obtained by BBC News show.’
BBC News, 23rd April 2016
Source: www.bbc.co.uk
‘Following the introduction of the National Living Wage and unwelcome increases to council tax, today sees another wave of new laws come into force in the UK.’
The Independent, 6th April 2016
Source: www.independent.co.uk
Secretary of State for the Home Department v Khan [2016] EWCA Civ 137
‘The applicant, a Pakistani national, entered the United Kingdom with leave to remain. On 20 February 2012, before the expiry of his leave, he applied under section 3C of the Immigration Act 1971 for further leave to remain as a Tier 4 student, intending to study at a particular college which at that time was a registered licensed sponsor. However, by the time the United Kingdom Border Agency came to consider his application, the licence of his sponsoring college had been revoked. The agency suspended consideration of the application to enable the applicant to find a new sponsor and then submit an application to vary the grounds of his original application for further leave to remain, which the applicant did on 9 October 2012. Paragraph 34E of the Statement of Changes in Immigration Rules provided that if a person wished to “vary the purpose” of an application for leave to remain, the variation had to comply with the requirements for making an application as if the variation were a new application, or the variation would be invalid. The agency refused the applicant’s application to vary the grounds of his original application since, on 9 October 2012, he did not satisfy the requirements of paragraph 1A(a) of Appendix C to the Immigration Rules, which provided that an applicant had to have a certain level of maintenance funds “at the date of the application”. The applicant’s appeal against that decision was allowed by the First-tier Tribunal. The Upper Tribunal dismissed the Secretary of State’s appeal, holding that paragraph 34E did not apply in the applicant’s case since the applicant had not sought to vary the “purpose” of his application, which throughout had remained the same, namely to remain as a Tier 4 student; and that, therefore, the applicant had not been obliged to meet the maintenance fund requirements on 9 October 2012.’
WLR Daily, 18th March 2016
Source: www.iclr.co.uk
‘A 92-year-old woman facing deportation has been given permission to stay in the UK.’
BBC News, 5th March 2016
Source: www.bbc.co.uk
‘UK citizens are being forced into exile by the Home Office’s “irrational and absurd” minimum-income visa requirements, with some couples having no hope of ever being able to live together in Britain, the supreme court has heard.’
The Guardian, 22nd February 2016
Source: www.guardian.co.uk
‘Ahead of a supreme court challenge to the minimum income requirement for partner visas, three couples discuss their situation.’
The Guardian, 21st February 2016
Source: www.guardian.co.uk
‘The families of UK citizens denied the right to live in Britain because of the minimum income visa requirement for non-EU partners are to challenge the rules in the supreme court on Monday.’
The Guardian, 22nd Febraury 2016
Source: www.guardian.co.uk
‘Since 2012 migrant domestic workers arrive in the UK under very restrictive visa conditions. The Overseas Domestic Worker visa does not permit them to change employer and ties them to the employer with whom they arrived for a non-renewable period of six months. Domestic workers, particularly when they live in the employers’ household, are a vulnerable group of workers. They are also often excluded from labour protective laws. The UK visa has been heavily criticised by many for creating further vulnerability, and has even been linked to slavery. Between 15,000 and 16,000 such visas are issued each year, according to the Home Office, which does not provide any further information on arrivals but produces data on the nationality of the employers. About 80 per cent come from a very small number of countries in the Middle East.’
UK Constitutional Law Association, 16th February 2016
Source: www.ukconstitutionallaw.org
‘The Home Office is proposing a massive 25% increase in already high immigration application fees for families for the year 2016-17. Family and spouse visas will in future cost £1,195. The maximum chargable for these applications will be increased from £2,141 to £3,250. The fee for a settlement application will increase to £1,875 and to £2,676 for Adult Dependant Relatives.’
Free Movement, 12th January 2016
Source: www.freemovement.org.uk
‘Following his attention seeking call for all Muslims to be banned from entering the United States, there have been calls for Donald Trump to be given a “visa ban” preventing him from coming to the UK. Is this feasible in UK immigration law?’
Free Movement, 9th December 2015
Source: www.freemovement.org.uk
‘A security database used to identify potential terrorists entering the UK is breaking down twice a week forcing frontline staff to rely on incomplete intelligence, an official report has revealed. Independent auditors found that the warnings index system, which was supposed to be dismantled more than 12 years ago, is so unstable that it regularly collapses. The e-borders system which was supposed to replace it in 2011 will not be implemented before 2019 at a cost of more than £1bn, the National Audit Office report has concluded.’
The Guardian, 3rd December 2015
Source: www.guardian.co.uk
‘UK Visas and Immigration is making changes to the Immigration Rules affecting various categories.’
UK Visas and Immigration, 29th October 2015
Source: www.gov.uk/government/organisations/uk-visas-and-immigration
‘The second reading of the Immigration Bill in the House of Commons is today. We have seen how even more appeals will be out of country under its regime, and the greater powers given to immigration officers under Part 3. Part 6 – including Schedules 7 and 8 – offers a mix of provisions, including ensuring the UK complies with international law on blacklisted persons and introduces civil penalties for aircraft and airport managers if they do not ensure people go through control zones. The final section gives a raft of new powers to immigration officers (where have we seen that before?), this time to intercept and detain boats suspected of carrying undocumented migrants, and to arrest anyone suspected of facilitating illegal migration in to the UK.’
Free Movement, 13th October 2015
Source: www.freemovement.org.uk
‘The family visit visa system underwent an inspection by the Independent Chief Inspector of Borders and Immigration last month. The posts inspected were Abu Dhabi, Accra, Amman, Dhaka, Kingston, Manila, Nairobi, New Delhi, Croydon and Sheffield. The Inspector confidently declares that there is “no evidence that the removal of the full right of appeal from Family Visitor visa applicants had led to a higher refusal rate or to an overall reduction in decision quality.”’
Free Movement, 24th August 2015
Source: www.freemovement.org.uk
‘Immigrants from outside Europe will be required to provide details of their criminal records or be refused entry to Britain, under new measures to be introduced by the Government. From September everyone applying to come to Britain under certain visa routes will have to provide proof of criminal record checks from every country they have lived in for the last 10 years.’
Daily Telegraph, 20th July 2015
Source: www.telegraph.co.uk
‘The Upper Tribunal has given judgment in a test case on ETS appeals and judicial reviews: R (on the application of Gazi) v Secretary of State for the Home Department (ETS – judicial review) IJR [2015] UKUT 327 (IAC). It is essential reading for anyone directly affected by the ongoing ETS saga and for their legal representatives.’
Free Movement, 18th June 2015
Source: www.freemovement.org.uk
‘R (London College of Finance and Accounting) v Secretary of State for the Home Department (2015) EWHC 1688 (Admin) is yet another decision on an attempted judicial review of the suspension and/or revocation of a Tier 4 Sponsor Licence. The power of the Secretary of State (“the SoS”) to issue and regulate Tier 4 Sponsor Licences is one of a range of ancillary and incidental administrative powers vested in the SoS. The regime is effectively run by the ‘UK Visas and Immigration’ (“UKVI”) section within the Home Office and its operation is governed not by the Immigration Act 1971 itself, but within policy guidance documentation (‘Sponsor Guidance’) which is issued and amended on behalf of the SoS with “bewildering frequency” (per Lord Sumption in New London College).’
Education Law Blog, 18th June 2015
Source: www.education11kbw.com
‘The removal of full rights of appeal for family visit visas has led to a legal dilemma to those considering a challenge to a refusal: should they give up, re-apply, attempt a human rights appeal or should they launch an application for judicial review? The problem seems all the more acute with many reports of refusals to spouses or relatives who cannot meet the harsh family settlement rules or who would rather live abroad but still want to be able to visit their spouse’s friends and family in the UK.’
Free Movement, 12th May 2015
Source: www.freemovement.org.uk
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