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.
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.

The UK Border Agency has issued new policy guidance following the judgments in the case of Pankina. The guidance affects migrants under all tiers of the PBS whose applications were refused solely because they failed to meet the maintenance (funds) requirements, and who unsuccessfully applied:

•from outside the UK between 23 June and 22 July 2010 inclusive; or
•from inside the UK (at a time when they had lawful status in the UK) on or before 22 July 2010.

The new policy guidance, which you can download from the UKBA website, explains how these applicants can request a review of their refusal based on these requirements.

But of course the effect of Pankina is much wider than that and there will be room to argue on other PBS criteria that are only to be found in guidance that they too should be in the rules or discarded. This policy guidance does not address this wider effect of the guidance and leaving the UKBA open challenge from a wide variety of migrants.

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