Issue 155 - 14th September 2009

Monday 14 September 2009

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News

The UKBA has announced the launch of a public consultation on the fees it charges for its immigration and visa services. Read more.

France's immigration minister has said he will scrap a scheme which would have allowed DNA testing of all new arrivals because it was damaging his country's image. Read more.

In an article entitled "Immigration idiocy", the Scotland on Sunday newspaper queries why Scotland cannot have different, and more liberal / flexible, rules than England on who can be allowed into the country? Read more.

Legislation and Changes in Immigration Rules

From 2 October 2009 The Accession (Worker Authorisation and Worker Registration) (Amendment) Regulations 2009 (SI 2009 / 2426) will amend both the 2004 Regulations (re nationals of the 'A8 states') and the 2006 Regulations (re Bulgarian and Romanian nationals) inter alia so as to allow access to the UK labour market for family members of such nationals. Read more.

With effect from 1 October 2009, Cm 7701 will: make provision for the issuance of a Confirmation of Acceptance for Studies by the sponsor of a Tier 4 migrant; implement the ruling of the High Court on the JR challenge to granting of ILR to individuals who entered the UK under the Highly Skilled Migrant Programme; amend the existing Sole Representatives of Overseas Businesses category; and make minor amendments and corrections to the Points Based System. Read more.

Cases

In MK (Lesbians) Albania CG [2009] UKAIT 00036 the AIT considered and concluded, in a negative fashion, on the risk to lesbians in Albania. Read more.

In LO (Partner of EEA national) Nigeria [2009] UKAIT 00034 the AIT held that there is an in-country right of appeal against a decision to refuse a person a residence card as a partner of an EEA national within reg 8(5) of the EEA Regulations. Read more.

In PV & Others (BOC - maintenance - Article 8) India [2009] UKAIT 00033 the AIT held that The "historical wrong" righted by the insertion of s. 4B of the British Nationality Act 1981 does not entitle a beneficiary of that section or members of his family to raise Article 8 arguments on a basis that would not succeed in other cases. Read more.

Events

On 22 September from 16:00 to 18:00 (2 CPD hours) Mark Symes and Tim Buley are presenting a course on the Use and Abuse of Home Office policies. Read more.

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