The UKBA responds to the Supreme Court’s judgment

Posted: 20/07/2012

The UK Border Agency has decided to put to bed the argument that its guidance is distinct from the immigration rules because it is not subject to parliamentary scrutiny, by incorporating the guidance into the rules.

The Home Office has announced these emergency changes following the landmark Supreme Court case of Alvi, judgment of which was handed down on 18 July 2012. 

The changes come into effect on Friday 20 July 2012 and include the following highlights:

• guidance on documentation requirements for evidence of an applicant’s status, which was previously external to the immigration rules (ie in policy guidance documents or as a list on the UKBA website), is now fully incorporated into the rules;
• SOC Codes and the required Resident Market Labour Tests are incorporated into the rules;
• the shortage occupation list is now incorporated into the rules;
• approved Tier 5 Government Authorised Exchange schemes are now incorporated into the rules;
• lists of financial institutions which do not satisfactorily verify financial statements are now incorporated into the rules;
• approved English language tests are now incorporated into the rules; and
• appendix FM, relating to the recent family migration changes, has been amended to correct some referencing issues and, in keeping with point 1 above, the specified evidence requirements are now incorporated.

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