APPEALS REGIME CHANGES FOR TIER 4 MIGRANTS AND FOREIGN CRIMINALS

Changes to the UK immigration appeals system as per the Immigration Act 2014 are now being phased in. The most recent changes (20 October 2014) affect foreign criminals and Tier 4 Migrants.

• Foreign criminals

A “foreign criminal” is defined as a person:

• • Who is not a British citizen;
  • Who has been convicted in the UK of an offence and
  • Who –
    • Has been sentenced to a period of imprisonment of at least 12 months; or
    • Has been convicted of an offence that has caused serious harm; or
    • Is a persistent offende

As of 20 October 2014 it is no longer possible for foreign criminals to appeal against a decision to deport them from the UK. Such criminals will be deported unless they can show that they face a real risk of serious irreversible harm, subject to certification. For those criminals that do have an appeal right they will only be able to use this once.

• Those applying for leave to remain as a Tier 4 Migrant

For all applications for leave to remain in the UK as a Tier 4 Migrant made on or after 20 October 2014 there is no longer a right of appeal if the application is refused. Those applicants will be able to apply for an administrative review of any alleged error made by the Home Office caseworker. 

Where the refused applicant does not choose to bring an administrative review within the time limit, or where an administrative review is made but the original decision is maintained, the applicant will be removed.

Gherson

31 October 2014