Changes to Points Based System Appeals

The UK Border Agency announced that from 23 May 2011 tribunals will not be allowed to consider evidence submitted after they have made a decision to refuse a Points Based System application.

The UKBA say that it will 'stop misuse of the system' and stop 'individuals to drag out their appeal by submitting new evidence at the last minute'. However, what was slightly glossed over (or actually ignored) was their poor decision making, and their failure, up to now, to avoid the appeals (and the costs of those appeals) by simply contacting the applications for the right evidence before making a decision. The UKBA now say they will do this from 23 May 2011.

The Commencement Order is expected to apply to all appeals heard for the first time against refusals under the PBS regardless of the date that the appeal was lodged.

This seems to be an abuse of the legal certainty principle, where grounds of appeal are changed without warning or notice. Particularly, as those who received negative decisions before 23 May 2011 would not have had UKBA caseowners contact them for further information / documents before making that decision. To then deny that information during their appeal is irrational. Also...

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Tier 1 & 2: Changes

From 12 October 2010, the UK Border Agency has introduced a new requirement for applications to work in the UK under Tier 1 (General), Tier 1 (Entrepreneur) or any Tier 2 category of the points-based system.
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Points Based System

If you have been refused permission to enter or stay in the UK under the Points-Based System because you failed to meet a requirement in the policy guidance which is not part of the immigration rules we strongly recommend you contact us, or any other qualified immigration lawyer, to request a review of your case immediately.
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Tier 1: Changes

Between 19 July and 30 July 2010, the UK Border Agency are prioritising work to implement the government's new policy on an interim immigration limit. It may have an impact on sponsor licensing and applications. Read More...

Tier 4: Changes

English colleges today won a case in the High Course against the Home Secretary's decision to raise the level of English which students must have before they can get a UK visa to learn the language here. Read More...