The Office of National Statistics has released their immigration statistics for the Year Ending (YE) June 2016.
Immigration Barristers' Blog
Figures released by the Office for National Statistics today reveal an 80% increase in the number of Tier 1 (Investor) visa applications approved during the period July to September 2016. Meanwhile, the number of Tier 1 (Entrepreneur) visas granted has remained broadly the same as in previous quarters.
Landlords will from today face criminal sanctions for renting to individuals without valid immigration status. Commencement Order No.2 brings into force s. 39, 40 and 41 of the Immigration Act 2016, which seek to target illegal immigrants by restricting their access to housing....
Today, Commencement Order No.2 brings into force key sections of the Immigration Act 2016. The ‘remove first, appeal later’ policy is substantially extended. The Home Secretary now also has power to cancel leave which has been granted under s.3C of the Immigration Act 1971.
MA (ETS – TOEIC testing)  UKUT 00450 is the latest case in the string of cases involving those who have had their leave to remain or enter, refused, curtailed, or cancelled. This is generally done on the ground that, based on information from ETS, the Secretary of State for the Home Department (“SSHD”) had significant evidence to conclude that the test certificate was fraudulently obtained by the use of a proxy test-taker.
The Minister of State for Courts and Justice has announced that the government’s proposed Immigration Tribunal fee increases will no longer go ahead.
The Immigration Rules have today been amended with the aim of clarifying how to make a valid application for leave to remain, and the circumstances in which fresh evidence can be submitted in administrative review proceedings.
The Home Office has today introduced a new 180 day residence requirement for ILR as a PBS dependent partner. Paragraph 319E of the Immigration Rules sets out the requirements for indefinite leave to remain as the partner of a relevant points based system migrant.
New Immigration Rules published today introduce some important changes to the family migration routes under Appendix FM and Appendix FM-SE. Introduced by Statement of Changes HC667, the new rules raise the English language requirement for partner and parent-based further leave to remain applications, amend the eligibility and minimum income requirements for dependent children and reduce the level of NHS debt that will found a discretionary refusal on grounds of suitability.
Changes to the Immigration Rules introduced today abolish the 28-day grace period for the consideration of applications for further leave to remain where an applicant has overstayed and replace it with more restrictive provisions. The changes, introduced by Statement of Changes to the Immigration Rules HC667, apply to applications made on or after 24 November 2016.
The case of Elayi (India) v Secretary of State for the Home Department  UKUT 508 has highlighted the importance of the appearance of justice in immigration cases, as well as the implementation of justice itself.
In July 2012, following on from the report from the Migration Advisory Committee, a minimum income threshold was introduced in respect of sponsorship under the family migration route as set out within Appendix FM of the Immigration Rules. A minimum threshold of £18,600 was set, with additional amounts for any ‘relevant’ children.
The Home Office holds information about individuals who have come to its’ attention one way or another. Such information may contain copies of documents an individual provided with an application, criminal records checks or interview records.
In March 2016, a specific power to refuse applications on the basis that an applicant owes a litigation debt was introduced as a general ground of refusal in Part 9 of the Immigration Rules (HC877). Equivalent changes were made to the ‘suitability requirements’ for applicants under the visitor route in Appendix V and for applicants under the family and private life migration routes in appendix FM and appendix Armed Forces. The power is discretionary and applies to applications made on or after 6 April 2016.
In the Statement of Changes to the Immigration Rules published on 3 November 2016 the Government announced some expected, and some unexpected, changes to Tier 2 applications. The main changes are set out below. The changes generally apply to applications made on or after 24 November 2016, but in some cases they apply to applications made using a Certificate of Sponsorship assigned on or after 24 November 2016. In all cases where a minimum salary requirement is amended, the applicant still needs to have been paid the appropriate rate for the individual job specified in Appendix J of the Immigration Rules.
The new Immigration (EEA) Regulations 2016 were laid before Parliament on 3 November 2016. They consolidate many of the previous changes, but also make important changes, including in relation to the Surinder Singh route, which will be addressed in separate posts.
In what circumstances is it appropriate to depart from existing Country Guidance? And when is a failure to do so an error of law? These are the questions that the Upper Tribunal considered in the case of FA (Libya: art 15(c)) Libya CG  UKUT 413 (IAC).
The Upper Tribunal has recently given its determination in the case of MW (Nationality; Art 4 QD; duty to substantiate) Eritrea  UKUT 00453 (IAC). In its determination the Upper Tribunal analyses on whom the duty lies to substantiate nationality, in relation to a case of disputed nationality.
In MST and Others (national service - risk categories) Eritrea (CG)  UKUT 443 (IAC) (7 October 2016), the Upper Tribunal has issued updated country guidance on the situation in Eritrea. Whilst reconfirming parts of the country guidance given in MA (Draft evaders - illegal departures - risk) Eritrea CG  UKAIT 00059 and MO (illegal exit - risk on return) Eritrea CG  UKUT 190(IAC), the updated country guidance on Eritrea may be summarised as follows:
The Home Office is now offering a European passport return service for EEA and Swiss nationals applying online using the EEA(QP) or EEA(PR) application forms.