UTIAC The requirement by the respondent that an applicant for leave to remain as a Tier 1 (General) Migrant, whose last leave was as a Tier 4 (General) Student), must have physically undertaken work in an overseas country for an uplift to apply to his earnings in that country, is imposed by Guidance only and is not contained in the Rules. Thus, in line with SSHD v Pankina [2010] EWCA Civ 719, this Guidance is ineffective to impose such an additional requirement.
Citations:
[2011] UKUT 120 (IAC)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Secretary of State for The Home Department v Pankina CA 23-Jun-2010
Each claimant had graduated from a tertiary college and wished to stay on in the UK. They challenged the points based system for assessing elgibility introduced in 2008 after they had commenced their studies. The new rules tightened the criteria for . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 06 September 2022; Ref: scu.432803