http://www.ukmigrationlawyers.co.uk/ UK Migration Lawyers RSS News Feed <p>The Ministry of Justice will be introducing appeal fee charges for some asylum and immigration appeals from 19 December 2011.</p><p>People who want to appeal against a decision notice <strong>dated 19 December 2011 or later</strong> will need to pay a fee. The appeal fee will apply to most categories of visas and decisions. Any exemptions to the fees will be outlined by the Ministry of Justice. This will not affect any decision notices that are dated before 19 December.</p><p>Also, from 19 December people will need to lodge their appeals at the tribunal in the UK. We will no longer accept appeals at any of our overseas visa application centres.</p><p>Full guidance about the changes will be published on the Ministry of Justice website from 19 December 2011.</p> http://www.ukmigrationlawyers.co.uk/Changes_to_appeals_against_immigration_and_asylum_decisions_from_19_December_2011--post--11.html <p>The UK Border Agency has issued new policy guidance following the judgment of the Supreme Court in the case of Quila and Bibi v Secretary of State for the Home Department [2011] UKSC 45.</p><p>This case challenged the requirement under paragraph 277 of the Immigration Rules for both foreign spouses and their sponsors in the UK to meet a minimum age of 21 before the foreign spouse could be granted a visa to enter or remain as a spouse or partner. Paragraph 277 (along with other paragraphs of the Immigration Rules) was amended on 27 November 2008 to raise the minimum age from 18 to 21.</p><p>The Supreme Court has ruled that, whilst they recognised that the Secretary of State was pursuing a legitimate and rational aim of seeking to address forced marriage, the change to the rule (increasing the minimum marriage visa age from 18 to 21) disproportionately interfered with the Article 8 rights of those who were in genuine marriages.</p><p>The guidance primarily affects applicants whose applications for entry clearance or leave as a fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner or same-sex partner were refused under paragraphs 277, 289AA, or 295AA of the Immigration Rules solely because they or their sponsor were aged between 18 and 20 and whose application was refused on that basis between 27 November 2008 and October 2011. This applies to applications made within or outside the UK. The guidance sets out how such applicants can apply for a review of the original decision to refuse a visa which might now result in a visa being issued.</p><p>Changes to the Immigration Rules have been laid in Parliament today to reinstate a minimum age of 18 for a spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or same-sex partner and for their sponsor in order to qualify for entry clearance, leave to enter, leave to remain or a variation of leave on that basis. These rules will come into effect on 28 November 2011.</p><p>The new policy guidance explains how applicants affected by the judgment can request a review of an earlier refusal due to the age requirement by 31 May 2012. Further information on how to request a review can be found under the partners and families section, <a href="http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/" tabindex="2">Husband, wife or civil partner</a>, <a href="http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/unmarried-same-sex/" tabindex="3">Unmarried or same-sex partner</a>, and <a href="http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/" tabindex="4">Fiance(e) or proposed civil partner</a> categories.</p> http://www.ukmigrationlawyers.co.uk/New_policy_guidance_on_the_marriage_visa_age_of_21--post--10.html <p>On 6 April 2011, the Immigration Rules were amended to introduce a salary requirement for settlement applications made by work permit holders and migrants under Tier 2 of the points-based system. Their applications must now include written confirmation from their employer or sponsor that they are being paid at or above the appropriate rate for their job as set out in the <a href="http://www.ukba.homeoffice.gov.uk/business-sponsors/points/sponsoringmigrants/employingmigrants/codesofpractice/" tabindex="2">Tier 2 codes of practice</a>.</p><p>From 31 October 2011, there will be further changes to the Immigration Rules. Work permit holders and Tier 2 migrants will need to provide specified documents to confirm that they are being paid at or above the appropriate rate for their job. This is in addition to the employer's confirmation.</p><p>From 31 October, any settlement application by a Tier 2 migrant or a work permit holder must include:</p><ul><li>a payslip and a personal bank or building society statement; or</li><li>a payslip and a building society pass book.</li></ul><p>If they do not provide this evidence, their application may be refused.</p><p>Before we amended the Immigration Rules in April to incorporate an income requirement for settlement, we conducted an equality impact assessment. You can find this in our <a href="http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ia/migration-perm-limit-pbs/" tabindex="3">Impact assessments</a> section. The 31 October changes to the Rules are considered to be relatively minor and do not change that assessment. We will continue to have regard to the equality considerations of these changes, and will work to limit or mitigate, where possible, any adverse impact that is identified.</p> http://www.ukmigrationlawyers.co.uk/Changes_to_settlement_requirements_for_Tier_2_migrants_and_work_permit_holders--post--9.html