Immigration Law Archives - Page 6 of 7 - ICS Legal Blog

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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 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...

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.

Amendments to Tier 5 of the Points-Based System

Tier 5 of the Points-Based System caters for youth mobility and temporary workers coming for primarily non-economic purposes, and consists of two categories: Tier 5 (Youth Mobility Scheme) and Tier 5 (Temporary Workers). The Temporary Workers category consists of five sub-categories: Creative and Sporting, Charity Workers, Religious Workers, Government Authorised Exchange, and International Agreement. Applicants must have a Tier 5 Sponsor, which is usually their UK employer. The International Agreement sub-category provides for workers who may be admitted under the UK’s international commitments, but who are not otherwise covered by provisions in the Immigration Rules. Changes are being made to this sub-category to make provision for independent professionals seeking admission under the relevant commitments in certain international trade agreements to which the UK is a party. The changes require such professionals to have a university degree or a technical qualification demonstrating knowledge of an equivalent level, any professional qualifications required by law or other regulations for them to exercise the activity in question in the UK, and at least six years’ professional experience in the sector concerned. Further changes are being made to this sub-category to expand the provision for contractual service suppliers (who do not otherwise have a UK...

Changes to Tier 4 of the Points-Based System

Tier 4 of the Points-Based System caters for international students who wish to study in the United Kingdom. Tier 4 Students have conditions restricting their employment in the UK. Upon graduation a Tier 4 Student can remain in the UK to work by switching into Tier 2 if they have a graduate job paying £20,000 per year or more or switching into Tier 1 under our Graduate Entrepreneur scheme. From 6 April 2013, students successfully completing a PhD at a UK Higher Education Institution (HEI) will be able to stay in the UK, sponsored by the HEI, on a Tier 4 visa for 12 months. This will give students gaining a PhD a longer period to find work with a Tier 2 employer, set up as an entrepreneur, or to gain practical work experience in their field. Leave will be granted for 12 months from the expected course completion date specified by the HEI. Two further minor changes are being made to Tier 4: • To prevent students from studying at a lower level than that for which they were granted leave, where different requirements or conditions would have applied had the application been for the lower level course. • To clarify the immigration...

Visiting professors – meeting the strict Immigration Rules

Students from overseas academic institutions come to the UK on study abroad programmes and can be accompanied by professors and teachers who are overseeing their studies. Such professors and teachers may undertake a small amount of teaching, limited to the institution hosting the students they are supervising but must be employed and paid by the overseas academic institution and must not intend to base themselves or seek employment in the UK. If you are thinking of applying for a visa, then please contact us on info@icslegal.com or call us today on 0207 237 3388. 

ILR applications – relaxed UK absence limits

ILR applications – relaxed UK absence limits Until December 2012, those applying for Indefinite leave to remain (ILR) on account of 5 years residence in the UK as a work permit holder, Tier 1 or Tier 2 General holder would have to show that they had had less than 6 months absences from the UK during their 5 years residence unless there were compelling circumstances. This rule led to a lot of uncertainty for applicants and seemed also to lead to inconsistent decision-making (see my article below). Fortunately, some degree of sense has been brought to this part of the Rules. From 13 December 2012, the UKBA relaxed the absence requirements for these categories among others, allowing for up to 6 months absences per year (each year will be counted back as a period of 12 months prior to the date of application). This change is likely to come as a relief to many people to whom regularly leaving the UK on business trips is essential for their work. The change may also allow some people who were previously refused to re-apply under the new rules. It is worth noting that some categories such as Tier 2 require specified evidence...