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