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Posted by on in EU Law

The Court of Justice of the European Union has given its ruling in a case brought by the European Commission against the UK over its policy of refusing access to certain benefits to non-British EU citizens.

As you will be aware, the outcome of the EU Referendum held in the UK on 23 June 2016 is that the United Kingdom has voted to leave the EU.

In the judgment of Rajendran (s117B – family life) [2016] UKUT 00138 (IAC) the Upper Tribunal (comprising Upper Tribunal Judges Storey and Perkins) reviewed the provisions of section 117B of the Nationality, Immigration and Asylum Act 2002 (as amended) (the ‘2002 Act’) relating to the ‘little weight’ provisions within section 117B(4) and (5) in the context of precarious family life cases.
 
An individual is entitled to exercise their right to obtain information that is held about them under the Data Protection Act 1998. This process is known as a Subject Access Request. The ‘subject’ or ‘data subject’ means an individual. ‘Access’ is the statutory right that an individual has to obtain a copy of the information. In the immigration context, a Subject Access Request allows an individual to access their immigration record held by the Home Office.
 

The President of the Upper Tribunal (Immigration and Asylum Chamber) has recently given guidance on the correct approach to be adopted in applications to amend grounds in judicial review proceedings in R (on the application of Spahiu and another) v Secretary of State for the Home Department (Judicial review – amendment – principles) IJR [2016] UKUT 00230 (IAC).

The European Court of Justice will soon make clear the basis on which Zambrano carers can be deported in answering questions referred to it by the Upper Tribunal (IAC) of the UK and Supreme Court of Spain. Advocate General Szpunar has now provided his opinion.

In Proxy Marriage - Cudjoe (Proxy marriages: burden of proof) [2016] UKUT 180 the Upper Tribunal provided guidance on the validity and recognition of proxy marriages. A proxy marriage involves a union where one or both parties are not present but are represented by another individual, often a family member.

The Office for National Statistics (ONS) recently released its latest Migration Statistics Quarterly Report, which gives estimates of long-term international migration to and from the UK up to December 2015.

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Employers in different sectors of the UK economy could be affected in very different ways if measures are introduced to restrict the jobs that EU migrant workers can occupy following a vote for the UK to leave the EU.

The UK Government’s Immigration Bill has received Royal Assent, completing its passage through Parliament to become law.

In  Ufot, R (On the Application Of) v Secretary of State for the Home Department[2016] EWCA Civ 298 (10 February 2016)  the Court of Appeal considered whether, on the balance of probabilities, an application for leave to remain as a Tier 4 (General) Student had been made prior to the expiry of the Appellant’s leave.

Persons applying for indefinite leave to remain in the UK as a Tier 1 (General) Migrant must meet the requirements within paragraph 245CD of the Immigration Rules. Paragraph 245CD(e) and (f) require the applicant to score either 75 or 80 points (depending on the applicant’s particular circumstances) for attributes under Appendix A to the Immigration Rules.  A set number of points will be awarded based on, amongst other things, past earnings from a 12 month period prior to the date of the application.

In SH (Pakistan) v Secretary of State for the Home Department[2016] EWCA Civ 426 (18 February 2016) the Court of Appeal considered whether the Home Office’s former “evidential flexibility” policy was broader and more flexible than the “evidential flexibility” rule contained at paragraph 245AA of the Immigration Rules, which provides an opportunity for PBS applicants to produce additional evidence in support of their immigration applications in limited circumstances.

The latest quarterly statistics on net migration have been released today with some interesting news in the Tier 1 category. This blog will look at what the statistics show about Tier 1 Entrepreneur and Investor applications.

Appendix SN is a new appendix to the Immigration Rules introduced by Statement of Changes in Immigration Rules HC877 and deals with service by the Home Office of various decisions in relation to immigration matters. It has effect for all applications made on or after 6 April 2016 and for some applications submitted before that date. It has the potential to infect almost every area of immigration practice.

The government has published a consultation paper proposing new fees for proceedings in the First-tier Tribunal (Immigration and Asylum Chamber) and Upper Tribunal (Immigration and Asylum Chamber) on 21 April 2016. Asylum and immigration tribunal fees are set to increase by more than 500% in order to help pay off the Ministry of Justice’s funding deficit.

Following our review at the end of 2015, this article will discuss some of the case law relevant to Tier 1 (Entrepreneur) visa applicants.  Information about the recent changes to the rules and the most recent statistics for entrepreneur applications can be found in other articles.

The Immigration Act 2014 makes provision for the Home Office to investigate whether marriages may be sham marriages or marriages of convenience during an extended notice.  This is the period after the couple have notified the registrar of their intention to marry and before the marriage is able to take place.  If a decision is made to investigate, the notice period will be extended from 28 days to 70 days.  

In Katsonga ("Slip Rule"; FtT's general powers) [2016] UKUT 228 (IAC) the Upper Tribunal reviewed the ambit of rule 31 of the First-tier Tribunal Procedure Rules 2014 (often referred to as the ‘Slip Rule’) and found that the rule cannot be used to reverse the effect of a decision at the instance of a losing party.

NA is a citizen of Pakistan, and was married to a German national from 2003 until a purported talaq divorce in March 2007, with divorce proceedings in the UK instituted by NA in September 2008, with decree absolute issued on 4 August 2009.  NA and her husband moved to the UK in March 2004, she was the victim of domestic violence and finally left the matrimonial home around October 2006.  NA’s husband left the UK in December 2006.  Two German children were born to the couple in November 2005 and February 2007, and NA was granted custody of both children following divorce.  Both children are attending school within the UK.

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