Office Line: 075 4416 4692 Email: enquiries@hjt-training.co.uk
 

Mastering Immigration Law Subscription Updates October 2020

500 pages of new Immigration Rules have arrived together with some 150 pieces of accompanying Guidance. HJT Training will be updating our comprehensive Mastering Immigration Law resource to cater for these changes in the weeks to come. We have updated what we know so far, and below are the changes made. Please log in to access. 

HJT are putting on a series of courses addressing the new Rules. The first round of courses, now under way, will concentrate on the architecture of the new Rules themselves. The second round will put the Rules more fully into the context of the system of immigration law with which we were already familiar. We cover four subject areas:
(1) Changes to the EU settled status regime
(2) Students
(3) Sponsored workers
(4) “Across the board changes” (diverse new routes, new English language and Finance requirements)

These courses will be put on publicly on a regular basis. However they are also available on an in-house basis. Get in touch with the office to make bespoke arrangements for in-house training, remote or (later in 2021) in-person. ​See here for more information 

Do remember that we have added recordings from some of our sessions in the Updates & Documentation module. The Judicial Review recording will also be uploaded within the coming week. 

The updates below may also be found in Updates & Documentation module 

1.5.3 Making a valid application for an extension of stay: HC 813 amendment, in force 1 December 2020 – added para on changes to validity requirements for simplified routes contained in new Appendices

1.5.4 Applying as an overstayer: HC 813 amendment, in force 1 December 2020 – amended r39E condoning overstaying between 24 January and 31 August 2020

2.1.4 Closed immigration routes: revised section in line with deletions of work permit paragraphs from Part 5

2.2.6 Knowledge of language and life in the UK: HC 813 amendment, in force 1 December 2020 – introduction of Appendix KOL UK which will co-exist for now with Appendix KOLL

2.3.9 Outline of Part 9 from 1 December 2020: HC 813 amendment, in force 1 December 2020 – new section on Part 9, to be replaced with simplified Part 9 Grounds for refusal

2.4.1 The relationship between rules and guidance: revision of paragraphs on Appendices to the rules

3.1 Introduction to Visitors: HC 813 amendment, in force 1 December 2020  – replacement of Appendix V with 6 new Visitor Appendices; outline of- and introduction to these.

3.5.6 Prohibited activities – V4.5-10 in Part 4: HC 813 amendment, in force 1 December 2020 – short-term study up to 6 months now allowed under standard visit route; reference to new Appendix Short-term Student

4.2.1 Awa [2020] ScotCS CSOH_91 emphasises that applications outside the Rules should be sympathetically considered by reference to mishaps in someone’s immigration history

4.2.15 Leave to remain for relevant Afghan citizens and their families: HC 813 amendment, in force 1 December 2020 – temporary inclusion of those who resigned after 12 months of service

4.2.19 Coronavirus policies, concessions and changes to procedure: added link to temporary migrants list of support available during the pandemic

4.2.19.1 SSHD policies, concessions and changes to procedure: updated dates and added application form link for “exceptional assurance”; added concessions re: minimum income and maintenance requirements

4.2.20 Hong Kong BN(O) Visa for BN(O) citizens and their close family members

5.2.1 Hoque [2020] EWCA Civ 135 confirms the interpretation of the r276 long lawful residence route: short breaks in leave do not interrupt continuity of lawful residence but one needs a decade of lawful residence before the application is launched

5.5.5 Musico [2020] EWCA Civ 1389 shows that sometimes a migrant should be treated as having been on an immigration route other than that they entered where the SSHD misunderstood their original application. Pathan [2020] UKSC 41 shows that SSHD must notify an applicant of a development that is fatal to their outstanding application pre-refusal.

7.3.3 Tier 2 ICT: HC 813 amendment, in force 1 December 2020 – Appendix Intra-Company Transfer to replace Tier 2 (ICT) provisions in Part 6A. New subsection and list of substantive changes.

7.4.1 Tier 4 General: HC 813 amendment, in force 1 December 2020 – deletion of Appendix ST, following deletion of Tier 4 in October 2020

7.4.3 The new student route for adult and child applicants: HC 813 amendment, in force 1 December 2020 – new para added: What differentiates Appendices ST and CS from Appendices Student and Child Student?

7.5.7 Tier 5 Youth Mobility Scheme Temporary Migrants: HC 813 amendment, in force 1 December 2020- section revised in respect of replacement of Appendix G with Appendix Youth Mobility Scheme: eligible nationals

7.6.2 Revocation of sponsor’s licences updated by reference to Pathan [2020] UKSC 41: duty on SSHD to notify an application of a change in circumstances that dooms their application

7.6.11 Appendix B: English language requirements: HC 813 amendment, in force 1 December 2020 – new subheading and section “Appendix English Language”, on its scope, application and substantive differences from Appendix B

7.6.13 Appendix C and Appendix Finance: Financial maintenance requirements: HC 813 amendment, in force 1 December 2020 – new section on Appendix Finance

7.6.15 Settlement – continuous residence and Appendix KoLL: HC 813 amendment, in force 1 December 2020: new para on Appendix Continuous Residence

9.6.3.1 Fresh claims updated re Abidoye [2020] EWCA Civ 1425 on new evidence not necessarily having been obtained with due diligence

11.7.6  Losing continuity of residence;  ‘supervening events’ which terminate permanent residence and EUSS; and cancellation, curtailment and revocation of EUSS/EUPSS: HC 813 amendment, in force 1 December 2020 – renamed section from “Losing continuity of residence;  ‘supervening events’ which terminate permanent residence and EUSS”; addition of new subsection “Cancellation, curtailment and revocation of leave granted under Appendices EU and EU (Family Permit)” on those grounds being moved from Part 9 to Annexes 3 in Appendices EU and EU (Family Permit)

13.5.2.4 FB (Afghanistan) [2020] EWCA Civ 1338 warns that Kiarie and Byndloss did not show that out-of-country were generally inadequate to achieve justice

14.2.6 FB (Afghanistan) [2020] EWCA Civ 1338 finds the removal window policy unlawful in so far as it exposes those subject to it to removal without an adequate opportunity to challenge a new decision on an outstanding application


As always we would be grateful for subscribers’ feedback on any of our content and website functionality – please send by email to enquiries@hjt-training.co.uk with subject heading ‘MIL suggestion box’. 

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

If you’re not a subscriber, there is no better time to join the MIL community, with over 1700 subscribers, you’ll be hard strapped to find a more comprehensive and up-to-date resource than this, especially with our Mastering Points Based System resource and COVID-19 module now included. 

Order now to get your hands on the latest copy of our Mastering Immigration Law manual 2020. Why not sign up to our newsletter to receive a £10 off coupon to use towards a year’s subscription with HJT! Check our our animation

Still unsure about our service? Contact shareen.khan@hjt-training.co.uk and will schedule a free demo with you. 

8th December 2020

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