UTIAC Where an application for entry clearance or leave to enter or remain in the United Kingdom is made before 3 March 2010 and has not been determined before that date, it will be decided in accordance with the Immigration Rules in force on 2 March 2010, rather than the Statement of Changes in Immigration Rules [HC 367] which came into operation on 3 March 2010. Paragraph 319C(i) of the Immigration Rules, which came into operation on the latter date, is a freestanding subparagraph, divorced from but following upon subparagraph (h) and is to be construed accordingly. It follows that where the dates set out above apply, a person who was last granted leave to remain as a student will not be able to switch from the student category to that of a dependant of a student unless he is applying for leave as the dependant of a person who has been granted, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory under paragraph 245ZQ(b)(ii).
Judges:
McCloskey J, Gill SIJ
Citations:
[2011] UKUT 248 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 15 September 2022; Ref: scu.441708
