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
(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
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
184.108.40.206 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
5.2.1 Hoque  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  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  UKSC 41 shows that SSHD must notify an applicant of a development that is fatal to their outstanding application pre-refusal.
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
7.6.11 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
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)
14.2.6 FB (Afghanistan)  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
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