i) A decision on an application under rule 134 of the Immigration Rules for indefinite leave to remain is a not a points-based decision to which s.85A of the Nationality, Immigration and Asylum Act 2002 as amended by s.19 of the UK Borders Act 2007 applies.
ii) Post decision evidence of a back-dated wage increase is admissible on appeal to demonstrate compliance with rule 134(iv).
iii) It is doubtful whether rule 134(iv) applies to those who never needed a certificate of sponsorship with a salary level identified in guidance relating to such certificates.
iv) If such a person could not comply with the rules on settlement for reasons of a new salary level, there was a strong claim that leave to remain was required to respect the private life established in the reasonable expectation of settlement if the conditions for settlement applicable on arrival were adhered to, and a relatively weak case for justifying interference with such private life to promote a legitimate public interest recognised by Article 8(2) ECHR.
Citations:
[2012] UKUT 39 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 31 January 2022; Ref: scu.450981