Contact Us: + 44 0207 237 3388

Latest UK & International Legal News

Supreme Court dismisses colleges’ appeals and rules Tier 4 sponsorship is lawful

R (on the application of New College London 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 51On appeal from: [2012] EWCA Civ 51; [2013] EWHC Civ 31 (Admin) JUSTICES: Lord Hope, Lord Clarke, Lord Sumption, Lord Reed, Lord Carnwath BACKGROUND TO THE APPEAL These appeals concern the system for licensing educational institutions to sponsor students from outside the European Economic Area under Tier 4 of the current points-based system of immigration control. Tier 4 deals with the grant of leave to enter or remain in the United Kingdom to migrants to the UK from outside the European Economic Area for the purpose of study. The essential requirement of the Tier 4 scheme was that the migrant should have been sponsored by an educational institution holding a sponsor's licence. This requirement was laid down in Part 6A of the Immigration Rules, which dealt with the requirements to be satisfied by migrants applying for leave to enter or remain for the purpose of study. The criteria for licensing sponsors and the duties of sponsors once licensed were...

Shadow immigration minister Chris Bryant delivers major speech on immigration

Speech to the IPPR at the Local Government Association - Check Against Delivery - Chris Bryant MP, Labour's Shadow Home Office Minister, said: INTRODUCTORY REMARKS I am very grateful to both the LGA and the IPPR for hosting today's event. Local government has been at the forefront of many of the issues I shall be talking about today and Sarah Mulley at the IPPR has done a vital job in informing the debate on the centre left of British politics. So, thank you. I want to talk about what I believe is a distinctive view that we in Ed Miliband's Labour Party take of one of the key issues in British politics. I hope to do three things: first, look at the value and the challenges that immigration has brought and continues to bring to the UK; second, lay out where I think the Government is getting hold of the wrong end of the stick; and third, suggest some areas that Labour believes need to be addressed in making migration work for everyone, especially in relation to the labour market, the EU, sham marriages and the push factors in international migration. GROUND RULES But before I do that; the last...

Written ministerial statement: Statement of Changes in Immigration Rules

The Minister of State for Immigration (Mark Harper): I am today laying before the House a Statement of Changes in Immigration Rules as set out below. I will expand the process of genuineness assessments and interviews to Tier 1 (General), Tier 2 (Minister of Religion), and Tier 5 (Temporary Worker) applications for entry and leave to remain, and to Tier 4 Students applying for further leave to remain. I will also be replicating for Tier 4 in-country extensions the existing power to refuse applications where the applicant cannot speak English. We will add Barbados to the list of countries whose nationals benefit from different documentary requirements and are exempt from the genuineness test when applying for a Tier 4 visa. I am making several small changes to economic routes to make them more attractive and more flexible for businesses. These changes include new provision in Tier 1 for artists of exceptional promise, removing the English language requirement for intra-company transferees, making it easier for graduate entrepreneurs to switch into Tier 2, and waiving share ownership restrictions for senior staff earning £152,100 or more. I will also be introducing flexibility for tourists and business visitors to undertake some study where it...

Changes related to Asylum

Following the judgment of the Supreme Court in R (on the application of Alvi) (Respondent) v Secretary of State for the Home Department (Appellant), the Rules have been amended to include the requirements to be met for limited leave to remain as an unaccompanied asylum seeking child to be granted. The Rules reflect Home Office existing policy approach in terms of who qualifies for discretionary leave as previously set out in the Discretionary Leave guidance Unaccompanied children who submit asylum applications and who are over the age of 17 ½ will have their applications considered as children. If their claim for protection is refused, they are likely to have reached the age of majority when the asylum and appeals processes have concluded. Unaccompanied children can apply for leave under the Immigration Rules at the expiry of their current discretionary leave. As is current practice, existing contact management strategies are utilised to ensure that children, their social workers and legal representatives, apply for further leave at the conclusion of existing leave.

Changes related to EEA rules

Following the European Court of Justice case in Chen (C-200/02,) the UK created paragraphs 257C-E of the Immigration Rules to provide for entry as the carer or relative of an EEA national child in the UK. In the Upper Tribunal case of M (Chen parent: source of rights) Ivory Coast [2010] UKUT 277 (IAC), the domestic court confirmed that a primary carer of a self sufficient EEA national child had a directly enforceable EU right to enter and reside in the host state to facilitate the child’s free movement rights. This EU right is not subject to any restrictions imposed by the Immigration Rules regime. As a consequence it is no longer appropriate to deal with this category of case within the Rules.

Changes to the Immigration Rules relating to family and private life

The following minor changes and clarifications are being made to the Immigration Rules relating to family life. If you would like to get some legal advice before submitting an application for leave to remain based on Human Rights, contact us on 0207 237 3388 or e-mail us your query to info@icslegal.com.  • To clarify that the transitional provisions for further applications made by those granted entry clearance or limited leave to enter or remain under Part 8 of the Rules before 9 July 2012 can only be accessed by persons in the UK and subject to the requirements of Part 8 for such applications. • To provide that a person may apply for further limited leave to remain as a partner under Part 8 within a period of 28 days of the end of their last such leave. • To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement. • To ensure that references to the UK National Recognition Information Centre are correct. (UK NARIC is the agency responsible...

Family life as a parent of a child in the UK

The new changes to the Appendix FM of the Immigration Rules HC395 have placed confusion on Home Office Officials. You are strongly recommended to seek legal advice from ICS Legal prior submitting an application for leave to remain or entry clearance.  The purpose of the route is to allow a parent:  with access rights or sole responsibility of a child in the UK to enter the UK, or  to continue to live in the UK on the basis that they: o have sole responsibility for the child o have access rights to the child, or o are the parent with whom the child normally lives. The parent route is not intended to be relied on by a person who remains in a genuine and subsisting relationship with the other parent of their child. The parent route is to help parental access to children when the parental relationship has broken down. It is aimed at single parents who have:  sole parental responsibility for their child, or  who do not live with the child but they have access rights to that child. In leave to remain applications, a migrant parent with whom the child normally lives, rather than their British...

Why a passport or travel document is needed and what constitutes one

The Immigration Rules state that persons seeking entry to the UK are to be refused entry by an Immigration Officer if they fail to produce a valid national passport or other document satisfactorily establishing their identity and nationality (Rules paragraph 320(3)). This applies equally to applicants requesting entry clearance from an ECO. A bona fide passport or travel document should: contain the photograph, name and date of birth of the holder; state the holder's nationality (or disclaimer if the holder is stateless or of undetermined nationality); be valid for travel to the UK. To enable a UK visa to be placed in a passport, there needs to be at least one full page available which is blank on both sides.

Amendments to Parts 5, 6 and 6A of the Immigration Rules – Work Related Settlement

Parts 5, 6 and 6A of the Immigration Rules include provision for indefinite leave to remain for work and economic activity-related routes of entry - for example work permit holders, businesspersons, investors, Tier 1 and Tier 2 of the Points Based System. The requirement for a continuous period of lawful residence in the UK is common to all these routes. There is no definition of UK for the purpose of the Immigration Rules, but the Interpretation Act 1978 defines the UK as Great Britain and Northern Ireland. This excludes the Crown Dependencies (the Bailiwicks of Guernsey and Jersey and the Isle of Man) and time spent there in a specified category has not counted toward indefinite leave to remain in the UK. The Crown Dependencies are, however, part of the Common Travel Area (CTA). Under Schedule 4 of the Immigration Act 1971, leave granted in the Crown Dependencies is treated as if it has been granted in the UK. The Rules have therefore been amended so as to include time spent in the Crown Dependencies in specified categories in the calculation of the continuous residence period for indefinite leave to remain in the UK in categories in Parts 5, 6...

Changes related to Visitors

Clarificatory changes to the Visitor rules will prevent abuse by visitors who are living in the UK through frequent, successive visits and will strengthen the Rules for a third party who is providing support to a visitor (either financial support or accommodation) by requiring them to demonstrate they are able and intend to do so, and are legally present in the UK. The period of initial leave granted to graduates undertaking an unpaid clinical attachment or dental observation post is being increased from 6 weeks to 3 months in line with the average length of such postings. Paragraphs 56R to 56W and 2 m) to p) of Appendix 1 to the Immigration Rules facilitated the entry and stay of Olympic and Paralympic Games Family Members during the 2012 Olympic and Paralympic Games in line with Host City contractual obligations. The Rules ceased to have effect on 9 November 2012 and are being deleted.