Economic Migration

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R (Behary) v SSHD [2013]
student applicant applied one day late due to illness and a closed post office and therefore her leave expired and so she had to meet the higher financial requirements for overseas applicants which she was unable to do, and so her application failed.
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Para 245AA(b) of the Rules & (Rodriguez (Flexibility) [2013]).
There is a small degree of flexibility as to minor rectifications of paperwork allowed for within Para 245AA(b) of the Rules, and there is a policy on evidential flexibility to which decision makers must give effect (Rodriguez (Flexibility) [2013]).
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Sullivan LJ noted in Alam and Others v SSHD [2012]
it would not be unfair to reject an application for failure to meet any of the requirements of the PBS.
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Who needs a sponsor?
All PBS Applicants need a sponsor except those in Tier 1. This will be the employer for Tier 2, Educational Establishment for Tier 4 or may be a religious body, charity, sporting or cultural body or even a Govt. for Tier 5.
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R (HSMP Forum) [2008]
the scheme’s requirements could not be retrospectively changed for those already on it.
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Tier 1 Migrants
This provides entry as a high skilled worker, entrepreneur or investor and is the only tier for which a sponsor is not required. Entry clearance is always required before entry and switching in-country is only possible in limited circumstances.
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Coalition Govt. Actions Per Tier 1
closing Tier 1(General), Tier 1 (Post-Study Work) and replacing them with the much more restrictive Tier 1 (Exceptional Talent).
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4 Subcategories of Tier 1
Exceptional Talent, Entrepreneurs, Investors and Graduate Entrepreneurs.
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Para 245B of the rules
sets out the Exceptional Talent ideals of someone who is already internationally recognised at the highest level as world leaders or hold the potential to be so. Applicants must apply from outside the UK, need a minimum of 75points under 245bb Apdx A
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Paragraph 245D of the Immigration Rules
Entrpeneur Route - this route is for migrants who wish to establish, join or take over one or more businesses in the UK. A business means an enterprise as a sole-trader, partnership or a UK-registered company.
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Entrepreneur Point Requirements
. The applicant must have 75 points under the relevant paragraphs of Appendix A, 10 under B (English language) and 10 under C (maintenance).
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Paragraph 245E provides a route for
Investors T1 - “high net worth individuals making a substantial financial investment to the UK”.
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Para 245F-FC.
Tier 1 (Graduate Entrepreneur)
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Paragraph 245H
the purpose of tier 2 is to enable UK employers to recruit workers from outside the EEA to fill a particular vacancy that cannot be filled by a British or EEA worker
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4 Tier 2 Subcategories
General, Minister of Religion, Sportsperson or Intra-Company Transfer.
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Tier 2 General Points
50P from Apdix A, 10 for Language under Apdx B, and 10 for Maintenance under Appen C. Thirty points are awarded if the job which his being offered passes the Resident Labour Market Test or if exemption applies. Remaining 20 points for salary over 20K
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The Resident Labour Market Test
designed to ensure that EEA labour is not available to fill the post. To pass this test, it must have been advertised for 28 days (at jobcentre plus and one other method set out in AA) at the necessary skill level and market rate.
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The shortage occupation list
found in appendix K. the MAC review this periodically and their recommendations are considered by the government.
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Tier 2 (Minister of Religion) Points
Must score 50 points under para 85-92 of appendix A for which they are awarded a CoS.
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Tier 2 (Minister of Religion) Requirements
They must have the language requirement of B2 CEFR (higher than other T2 groups). The appendix C and E maintenance requirements apply to new applicants unless they will maintained by the sponsor.
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Tier 2 (Sportsperson)
50 points under para 93-100 of Appendix A for which they awarded a CoS. Sponsor must confirm they are qualified to do the job and have been endorsed by the sport’s governing body as being internationally established at the highest level.
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Tier 4
Students
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Tier 4 (General) Categories
2 categories: those over 16 in further education and those between 4-18 who are child students. General students under 18 must have their parents’ consent.
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The rules for T4 GS
para 245ZT onwards. All new entrants need entry clearance. 30 points under AA, 10 under AC.
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Para 245ZM
Tier 5 Temporary Workers
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Tier 5 Requirements
Thirty points are needed under para 105-112 of Appendix A and 10 points for maintenance under Appendix C. the maintenance requirement is £900 of personal savings held for 90 days or a maintenance guarantee by an A rated sponsor.
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Other cards in this set

Card 2

Front

Para 245AA(b) of the Rules & (Rodriguez (Flexibility) [2013]).

Back

There is a small degree of flexibility as to minor rectifications of paperwork allowed for within Para 245AA(b) of the Rules, and there is a policy on evidential flexibility to which decision makers must give effect (Rodriguez (Flexibility) [2013]).

Card 3

Front

Sullivan LJ noted in Alam and Others v SSHD [2012]

Back

Preview of the front of card 3

Card 4

Front

Who needs a sponsor?

Back

Preview of the front of card 4

Card 5

Front

R (HSMP Forum) [2008]

Back

Preview of the front of card 5
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