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Mastering Immigration Law Subscription Updates Jan/Feb 2018

As February wraps up the month in a blanket of snow, we’ve got a treat that’ll keep you warm, a brand-new set of MIL Updates!

It’s been a blistering start to the year across the UK, and HJT has been hard at work to update its online resource for all its subscribers (that’s you!). Below is a mammoth list of updates that have now been incorporated into the resource, and the first thing you may notice is a brand-new numbering system. With our newly numbered units, we’re creating a new, user friendly interface for our subscribers, where you can more easily locate relevant information. This will lead into the new search function we will be introducing in the next quarter.

For now, all our subscribers can use the numbered hyperlinks to access the relevant Module/Unit in which this update has been applied. Take a look at all the new and exciting updates we’ve introduced this month:

  1. Codes of Practice on bank account freezing orders 3.6
  2. Added reference to s3C(3A) Immigration Act 1971 5.2.2
  3. Saimon and the effect of a successful Cart JR on s3C leave
  4. Immigration health surcharge to double 5.7.5 & 5.7
  5. Uddin actions to be taken by HO before it can legitimately take the drastic step of deeming service of a decision to have taken place 5.8
  6. Mustafa decisions not notified to a representative and validity of decisions dependent on such 5.8
  7. HC309 9.1, HC395 para C320 (Part 9 does not apply to Appendix V) 3
  8. HC309 9.3, HC395 para 320(2) deletion of last part of mandatory re-entry ban 3.3
  9. HC309 9.5, HC395 para 320(7B)(ii) re-entry ban for deception to encompass wider class of applications 3.3
  10. HC309 section 9.6, HC395 General Grounds for refusal para 321 deleted 3 & 2.3.4
  11. HC309 9.7, HC395 para 322(3) breach of conditions General Ground for Refusal widening and further definition 3.5
  12. HC309 V2, HC395 Appendix V para V3.4 deletion of ‘compelling circumstances’ part of suitability paragraph 4
  13. HC309 V14, HC395 Appendix V Appendix 3 new para 28 allowing other visitors to transit & links to new guidance 5.9
  14. HC309 5.7, HC395 para 159A(i) change in minimum age for domestic workers 1.1
  15. HC309 5.4, HC395 para 128A(a)(i) ILR for part 5 categories new calculation of allowable absences 1.2
  16. Grenfell policy deadline extended 2
  17. New introduction to section on Gurkhas and their family members linking 2 new policies 2.13
  18. Link to new, free online resource for practitioners working with trafficking victims 3
  19. Interim operational guidance DL for victims of modern slavery 3.8
  20. AS case law guidance as to factors relevant to whether there are ‘very significant obstacles to integration’ 3.3
  21. AM (Zimbabwe) and which Art 3 health cases should be stayed pending SC determination on applicability of Paposhvili 6.1
  22. Appendix FM Operational Guidance new links 1.2
  23. HC309 FM1, HC395 Appendix FM para S-EC.1.4 criminality – deletion part of para re: compelling factors 1.5
  24. Ahsan and out-of-country appeals for those accused of cheating in the TOEIC test 3.2.2
  25. HC309 allowable absences for PBS ILR amended para 245AAA link and excerpts new ILR continuous residence guidance 3.2.3
  26. Table of links to law and guidance PBS Tier 1 categories 4
  27. HC309 Appendix A paras 35-53 Attributes for T1 Entrepreneurs replaced mainly for improved readability, guidance to changes 4.3
  28. HC309 A.10, App A para 49(e) trans’l provision and other changes re: evidence of job creation for T1 Entrepreneur extensions 4.3.1
  29. Deletion of para 245DD(e)(vi) Switching into Tier 1 (Entrepreneur) from PSW no longer available 4.3.5
  30. HC309 6A.17, HC395 para 245ED(c)(v) deleted – switching into T1 Investor from PSW no longer available 4.4.3
  31. HC309 6A.7, HC395 para 245BF(c) T1 (Exceptional Talent) ILR after 3 years, after 5 years for ‘Exceptional Promise’ 4.5
  32. HC309 A3, HC395 Appendix A para 4(b) increase of T1 Exceptional Talen endorsements from 1k to 2k 4.5
  33. Table of links to law and guidance PBS Tier 2 categories 5
  34. Switching into Tier 2 minor amendment 5.1.7
  35. Pathan no requirement for curtailment at 60 days where T2 sponsor loses licence (distinguishing students’ situation) 5.1.8
  36. Settlement restrictions minor amendment 5.1.9
  37. Table of links to law and guidance PBS Tier 4 categories 6
  38. Ahmed s3C leave counting towards the maximum time spent in the UK on student leave 6.3.5
  39. HC309 A20-A33, HC395 Appendix A para 116 & 120 updates to CAS requirements 6.5
  40. HC309 6A.35, HC395 para 245ZX(b)(i) new requirement for extension of student leave 6.9
  41. Table of links to law and guidance PBS Tier 5 categories 7
  42. HC309 6A.29, HC395 para 245ZO(f)(v) international agreement domestic servant route not to be used by diplomats’ family members 7.2.5
  43. HC309 8.33 HC395 para 319E(d) PBS dependants’ new ILR allowable absences, avoiding retrospective effect 8
  44. HC309 8.37-8.45, HC395 para 319H T4 migrants, who can sponsor family members 8
  45. KB and AH Pakistan overview of assessment of asylum seekers’ credibility 1.5
  46. HC309 section 11.1, HC395 para 352A partners to be in a relationship which is subsisting and genuine 7.3.1
  47. Case reference Fetle added (subsistence for 2 years, not cohabitation) 7.3.1
  48. Gusa and treatment of self-employed persons out of work 2.5.3
  49. Gureckis policy of administrative removal of EEA national rough sleepers 5.3
  50. Robinson and which considerations determine if public policy interest outweighs the fundamental right not to have nationality rendered ineffective, as identified in Zambrano 7.2.4
  51. New British citizenship registration guidance on correct application of s4C(3A) BNA 1981 and case reference to Romein 4.4
  52. Hysaj and guidance as to deprivation vs nullity where deception occurred on the path to citizenship 7.3.2
  53. New Country Returns Guide 1
  54. Medical Justice definition of torture should include that inflicted by non-state actors 1.3.2
  55. Fully updated section following implementation of immigration bail 2
  56. Nixon and further guidance on s94B certificates 5.2.4
  57. Mahmud and the meaning of a “new matter” 2.7
  58. Saimon and the effect on s3C leave by successful Cart JR 6.1.5

In addition to the new resource information, you will notice 2 brand new downloadable eBooks in your MIL | eBooks ModuleTier 1 Entrepreneurs & Tier 1 General – this eBook has been written and developed by HJT Director Mark Symes, and is available for free to all MIL subscribers. This is the first in a series of brand new PBS eBooks, and more information will be made available in our dedicated PBS Hub soon.

We would be grateful for your feedback on recent changes to the online content and any suggestions for future improvements which you can send to us by email to with subject heading ‘MIL suggestion box’. Please set out briefly what your organisation’s main uses for your MIL subscription are, and what are the main improvements to content and/or website functionality you would like to see.

We hope you find these updates useful, please stay tuned for more!

If you require any assistance with your subscription, please call us today and we will be happy to help.

If you’re reading this and do not have a subscription to Mastering Immigration Law, why not sign up to our newsletter to receive a £10 off coupon to use towards a year’s subscription with HJT! More information HERE Offers are available for multi-user licenses, get in touch today for a demo and offers 020 3766 3860.

All the best,

Andrew Demetriou,
Digital Marketing Executive @ HJT Training

6th March 2018

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