All four of the respondents to the Secretary of State’s appeals applied for leave to remain under the Tier 1 (Post-Study Work) provisions of the points-based system. In order to satisfy the criteria under that scheme in Part 6A of the Immigration Rules (HC 395, as amended) they required a United Kingdom recognised bachelor or post-graduate degree. Each of them was awarded that qualification. But they only received notification of that qualification after they had submitted their application for leave to remain. That, asserted the Secretary of State, was fatal to their application because leave to remain depended upon acquiring 75 points under the relevant provisions of Appendix A to the rules. They fell short, so the Secretary of State maintained, because they had not been notified of the qualification by the time they submitted their applications.
Moses, Kitchin, FloydLJJ
[2013] EWCA Civ 754, [2013] WLR(D) 253, [2013] INLR 654, [2013] Imm AR 969, [2014] 1 WLR 1768, [2013] 4 All ER 1043
Bailii, WLRD
England and Wales
Immigration
Updated: 14 November 2021; Ref: scu.511034