Home » Family Immigration What can you do if the judge hearing your case is apparently asleep, or appears not to be paying attention to what is being said at the hearing?
As reported elsewhere on this site the UKBA has responded to recent judgments in which the methodology of the points based system was found to be unlawful not by appealing against those judgments but simply by inserting criteria which were in its policy guidance into the Immigration Rules themselves. The changes are summarised here.
In what seems likely to be a controversial move the new Home Secretary today announced that spouses, civil partners and fiances of British nationals and others settled in the United Kingdom will have to pass a compulsory test for command of the English language in order to qualify for entry clearance or leave to remain.
From the Advocate General's recently published opinion it looks probable that the UK will be the loser in the Court of Appeal's reference to the European Court of Justice regarding the acquisition of a permanent right of residence under the European Union's Citizens' Directive.
The points based system is further adjusted by complex new Immigration Rules.
The European Court of Justice has interpreted European Union law to show that the parent of a child who is at school in Member State of the European Union has the right to reside there
Since Monday 15 February 2010 the Asylum and Immigration Tribunal is no more. But has anything really changed?
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
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.
The House of Lords has confirmed that where immigration rules change between the time at which someone makes an application for leave to remain and the time at which that application is decided on behalf of the Secretary of State - the application will be decided on the basis of the changed rule.