The Home Secretary Alan Johnson has announced a new statement of changes in the Immigration Rules. The changes are intended to reduce the possibility of abuse of the Tier 4 (Student) Tier of the points based system by people masquerading as students when their real intention is actually to work in the UK. However groups representing colleges have expressed concern that the latest restrictions are likely to cause serious problems for colleges already struggling due to recent cuts in state funding.
Since Monday 15 February 2010 the Asylum and Immigration Tribunal is no more. But has anything really changed?
To implement fully its "Sponsorship Management System" the UKBA has announced that after 22 February 2010 applicants for entry clearance or leave to remain as Tier 4 (Student) Migrants will no longer be able to rely on Visa Letters issued by their colleges. From then on they must get Confirmations of Acceptance for Studies, which are described in the UKBA's policy guidance as "virtual documents similar to database records."
The Court of Appeal has rejected an appeal from an Irish company and its non-EU employees against a Judge's decision that they could not rely on European free movement rights to provide services in the UK, and that their attempts to do so were abusive.
For years it has been accepted that "extended family members" of EEA nationals can't apply to join their relatives in the UK unless they are dependent upon them as a matter of necessity. The Court of Appeal has found that the ruling which established this was incorrect.
Under an Order which it is anticipated will shortly receive Parliamentary approval the Asylum and Immigration Tribunal will come to an end. But its judges will immediately become judges in the appropriate Chambers of the First-Tier and Upper Tribunals.
The Asylum and Immigration Tribunal has found that it is open to people applying under the Tier 1 (Post Study Work) category of the Points Based System to rely on money they have been lent to satisfy the maintenance requirements of the Immigration Rules.
The Home Office has continued its programme for the reform of the structure of immigration legislation in the United Kingdom with the publication of its new Draft Immigration Bill, which will consolidate all existing immigration laws if it should come into force after next year's General Election
The programme for the implementation of the government's "earned citizenship" legislation is not as straightforward as it might be. Gherson sets out what is proposed, what is already on the statute book, when it will all happen, and how best to take advantage of the transitional provisions.
In KH (Afghanistan) v Secretary of State for the Home Department the Court of Appeal has found that Regulation 12 (1) (b) of the Immigration (European Area) Regulations 2006 unlawfully requires the family members of nationals of the European Economic Area (EEA) who are exercising Treaty rights in the UK to be living lawfully in another EEA state.