Immigration Rules - update

The Home Office has acted swiftly in response to the ruling in the Alvi immigration case (see my blog of 1 August below) by rushing through a number of changes to the Immigration Rules.

After the ruling by the Supreme Court that decisions in immigration cases could not be determined on the basis of guidance, much of the guidance accompanying the Immigration Rules has now become Rules. 

Parliament was not given the usual 21 days to consider the Statement of Changes to the Rules because of the Home Secretary’s view that in order to preserve the integrity of the Rules it was necessary that the Statement came into force immediately.

Despite the Home Secretary’s insistence that this move will have no effect on the way immigration applications are decided, some important amendments have been made.  These include making the Shortage Occupation List and sponsor guidance surrounding the application of the Resident Labour Market Test part of the Rules.  This includes occupational codes of practice that used to provide assistance on salary and the appropriate way a sponsor should advertise a job. 

In addition, the list of approved English language tests previously published on the UKBA website has now been incorporated into the Rules.  Guidance in other areas such financial evidence and family applications have also become Rules.

The Home Secretary also announced that she is to review the entirety of the Rules, including the recent changes, and give a report to Parliament on her findings within 5 years. This is to continue every fifth anniversary.  This is perhaps not what the Supreme Court had in mind when it suggested an extensive re-examination of immigration controls.

Joanna Forbes

Senior Associate Solicitor

Education Team

For and on behalf of SGH Martineau LLP

DD: 0800 763 1310

M: 07725 241552

F: 0800 763 1710

International DD: +44 870 763 1310

E: joanna.forbes@sghmartineau.com

W: www.sghmartineau.com

From → General Interest

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