No Appeals System Second Chance for PBS Migrants

The new rules relate to all applications made under the five tier Points Based Immigration System, including Tier 2 General (formerly the Business & Commercial Work Permit route). It is now more important than ever to ensure that an application is prepared correctly the first time round otherwise major problems could be encountered. The changes to the system came into force yesterday (23rd May 2011) and were enacted under Section 19 of the UK Borders Act 2007.

Damian Green, the Conservative Immigration Minister, said recently to MPs that “the current system has been subject to misuse at the expense of the taxpayer. The new rule enables case workers to make the right decision in the first instance, often avoiding unnecessary and expensive, publicly funded appeals. Individuals already in the UK but unsuccessful in their application to extend their time here have been using the appeals system as a free second application process – putting in evidence at the appeals stage which should have formed part of their application. It is not right that the taxpayer should foot the administrative and appeals bill where this information should have been put forward as part of the original application.”

“For too long, the taxpayer has had to shoulder the burden of a system which allowed individuals to drag out their appeal by submitting new evidence at the last minute. The changes I am making today will put an end to this practice for good. This is just one of a raft of improvements we are making to the appeals system to make it more robust, efficient and cost effective.\”

The UK Border Agency have told migrants that ‘If you want to apply for permission to remain in the UK under a points-based system category, you should take particular care to consult and follow the relevant guidance and checklists on this website when making you application. You must ensure that you submit all required documentation with your application. Any new evidence submitted at a hearing for the first time after 23 May 2011 will only be allowed if it is being used to prove, for example, that a document originally submitted was genuine, or if it is in support of grounds unrelated to the scoring of points under the points-based system.’

Commonwealth Contractors

Commonwealth Contractors is a collection of highly skilled professionals from the Commonwealth and beyond. We partner with OISC Registered Immigration Partners capable of professionally representing a Tier 1 Visa Application / Extension and Tier 2 Licensed Consultancy & Associated Trust Partners who may be prepared, where required, to sponsor a doctor on a Tier 2 Visa (formerly UK Work Permit). Commonwealth Contractors also provides updates on UK Immigration News.

To find out more call Commonwealth Contractors now on 0330 390 9021 or Submit your Details and we will get back to you. Please be prepared to send a copy of a recent CV so that we can pass to interested partners.