Gherson - All Articles

Paths to citizenship - the new draft Immigration and Citizenship Bill

Gherson — Tue, 15 Jul 2008 00:00:00 -0700

The government yesterday published a draft version of its immigration and citizenship Bill. Back in February we reported the government’s Green Paper Path to Citizenship. The consultation period announced then closed at the end of May. The Bill’s consultation period now begins. If the timetable announced in February is met the Bill will commence its passage through parliament at the end of this year.

Policy announced to implement HSMP Forum judgment

Gherson — Fri, 11 Jul 2008 10:28:38 -0700

The UK Borders Agency (the “UKBA”) yesterday published a new policy in the light of the HSMP Forum’s successful application for judicial review of the changes to the qualifying criteria for extensions of leave to remain under the Highly Skilled Migrant Programme (“HSMP”).

Investors, Tier One ('Investor') Migrants and the need to invest

Gherson — Tue, 8 Jul 2008 00:00:00 -0700

A new statement of changes in the Immigration rules, called HC607, implemented worldwide the whole of Tier One of the United Kingdom Border Agency’s “points based system”.

Students can change courses after arrival in the UK

Gherson — Fri, 4 Jul 2008 00:00:00 -0700

In GO v Secretary of State for the Home Department [2008] EWCA Civ 747 the Court of Appeal has overturned the Asylum and Immigration Tribunal’s interpretation of the immigration rules concerning students’ obligations regularly to attend and to make satisfactory progress on their “courses of study”

Article 8 - rights of Appellant's family members in UK count

Gherson — Thu, 3 Jul 2008 00:00:00 -0700

In B v Secretary of State for the Home Department [2008] UKHL 39 (one of four highly significant judgments issued by the House of Lords’ Appellate Committee on 25-6-2008) the issue was whether when somebody appeals against a decision to remove him or her from the UK and says that the decision violates his right to respect for family life protected by Article 8 of the European Convention on Human Rights (the “ECHR”) – is the effect of his removal on other members of his family relevant to the question of whether the decision is contrary to Article 8?

European Court - expulsion order breaches Article 8

Gherson — Thu, 26 Jun 2008 00:00:00 -0700

In Maslov v Austria (Application no. 1638/03) the European Court of Human Rights, sitting as a Grand Chamber at the request of the Austrian government, decided the case of a young Bulgarian man who had been made the subject of an order excluding him from Austria for ten years. Mr Maslov had won his case at first instance before the European Court sitting as a Chamber. In its judgment released on Monday of this week (23 June 2008) the Grand Chamber found by a majority of sixteen judges to one that the expulsion order was a breach of his rights protected by Article 8 of the European Convention on Human Rights.

Gherson success in sole responsibility appeal

Gherson — Mon, 16 Jun 2008 04:30:58 -0700

One of Gherson’s clients, a 10 year old girl living in Moscow and hoping to accompany her mother to the United Kingdom, has won her appeal against an Entry Clearance Officer’s (“ECO”) decision to refuse to allow her to come to the UK. The ECO had refused the client’s application for entry clearance because he or she had not been satisfied that her mother had “sole responsibility” for the client’s upbringing. The ECO has not sought to challenge the Asylum and Immigration Tribunal’s decision allowing the client’s appeal.

New Tier one rules include concession of 13 May 2008

Gherson — Thu, 12 Jun 2008 11:18:08 -0700

Under the statement of changes in the immigration rules (HC 607) announced on Monday and which is effective from 30 June 2008, the UKBA has implemented the whole of Tier one of the points based system.

Entry clearance guidance changed once more - is discretion coming back?

Gherson — Mon, 9 Jun 2008 00:00:00 -0700

In February of this year the government announced a statement of changes (HC321) in the immigration rules to implement “Tier one” of the new points based system. In the same statement of changes severe penalties were announced for those who had breached the UK’s immigration laws in the past, and by which they would be banned from re-entering the UK for a period of up to ten years from when they broke the immigration laws. As we have reported on this site at length – these re-entry bans sparked a chorus of condemnation by interested parties and members of parliament. The campaign has led the government to make two major concessions, substantially limiting the scope of the rule changes.

Permanent residence - EU Parliament admits petition challenging EEA Regs

Gherson — Thu, 5 Jun 2008 00:00:00 -0700

The European Parliament’s Commission on Petitions has decided that a petition questioning the correctness of the United Kingdom’s “transposition” of Article 16 of Directive 2004/38/EC (the “Citizens’ Directive) is admissible. Article 16 of the Citizens’ Directive gives nationals of the European Union the right to reside permanently in member states in which they have resided for five years. “EEA nationals” (nationals of the European Economic Area) are citizens of the European Union as well as nationals of Norway, Iceland, Liechtenstein and Switzerland.