No more appeals under the Point-Based System from 2 March 2015.

By 1st 4Immigration - #1 UK Immigration Experts -
We have made a ‘big news story’ about the forthcoming changes in the Rules from 6 April 2015. Yet this change, already in force from 2 March 2015, is also very important, albeit affecting no as many migrants (the Rules apply to all while appeals only apply to those who were refused a visa).  

For applications submitted from 2 March 2015 there will be no right of appeal at all under the Points-Based System (PBS) categories (except for appeals on the limited grounds such as discrimination based on race, which won’t apply to 99.9% of the migrants). The full appeal right of appeal was already removed earlier for applications outside the UK, instead there was an option of an Administrative Review.

Then in October 2014 a right of appeal was removed altogether for in-country Tier 4 Student applicants. Now on 2 March 2015 it has been removed for all other in-country applications under the Points-Based System, including Tier 1 Entrepreneur category (which needed appeals more than any other PBS application).

So, instead of an appeal there is now an administrative review. What’s the difference? An appeal is a process where an independent court considers the case and decision to refuse (under PBS no new evidence was allowed, only the evidence submitted to the application was being considered).

An administrative review is a process where a different UKVI caseworker considers the case and decides whether it was refused in accordance with the Rules or whether a mistake have been made. The crucial difference is that a 2nd person is from the same organisation which refused the case at first place (unlike an independent court determining an appeal).      

For our summary of changes in the Rules from 6 April 2015 please visit our earlier post: http://1st4immigration-visas.blogspot.co.uk/2015/03/summary-of-immigration-rules-changes.html

For our summary of changes in the Tier 1 Entrepreneur visa Rules from 6 April 2015 please visit our earlier post: http://1st4immigration-visas.blogspot.co.uk/2015/03/new-tier-1-entrepreneur-rules-from-6.html

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com   

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training 

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