The ‘Rules’

The above sets the scene for how the Hostile Environment and its Whitehall and legal expert Hostile Environment implementing associates, purposely subverts and minimises fairness or professionalism in immigration application process.  ‘ … Fast Track Rules were unlawful … structurally unfair …. abbreviated timescales made a fair hearing impossible …’

Beyond the implementation of the Rules, of course, the Home Office has been exposed as running a 555 minutes to refuse an application and 222 minutes to approve one, regime.

 ——————————————————————————————————————-

The ‘Rules’ are the context and legal basis, through which the special interconnection between the Home Office immigration services and associated level Hostile Environment delivery agencies and entities.  This includes most of all HMCTS Immigration Tribunal (stated as independent of the Home Office, but on multiple levels from highest to operational case-hearing levels, revealed as anything but: more particulars on this in the Tribunal and Appeals section of this information resource), is particularly based. 

From the advent and onset of the Hostile Environment there have been reputedly 45,000 changes to the ‘Rules’ by Home Office civil servants and Hostile Environment sympathetic, remunerated legal advisors – as the Supreme Court has censured, many of these changes have been made by ‘back door’ routes*. 

Parliament in particular, especially its relevant Select Committees have been and continue to be largely ignored: the Hostile Environment’s implementers have as such scant respect for the UK’s parliamentary democracy, but still receive UK taxpayer funding for their salaries.

* Many of these have included removing pre-Hostile Environment UK immigration system protections against abuses of process and unprofessional, unfair/prejudicial decisions on genuine applicants applications.

**Supreme court strikes down Home Office’s back-door changes to immigration rules

Theresa May’s minimum income threshold for immigrants was never properly debated in parliament

Just over a week since far-reaching new immigration rules took effect – which will permanently separate many British citizens or settled residents from their non-European spouses, children and ageing relatives – the home secretary has suffered a severe defeat in the supreme court. In the case of Alvi [2012] UKSC 33, handed down today, the court struck down a previous attempt by the Home Office to introduce substantive immigration requirements through the back door of policy, guidance or instructions, rather than in the body of the immigration rules themselves.

As a result, legal commentators anticipate an onslaught of legal challenges to the new rules, which rely extensively on accompanying guidance

Source: https://www.theguardian.com/law/2012/jul/18/supreme-court-immigration-rules

The ‘Rules’ in their given, current, up to date, valid form are linked directly to visa and LTR applicants completing the correct form [ a somewhat fluid ‘moving target,’ as intended by those in the UK Civil Service that shaped them] for their given application.  This complication to genuine applicants for visas to the UK or to Leave to Remain & settlement status in the UK is amplified considerably (as doubtless intended by the architects and protector-guarantors of the Hostile Environment at the highest levels in the Home Office and other connected sections of Whitehall) by the directive to all who wish to visit or settle in the UK, that they must seek out and use the correct and latest application form.  This is a major Hostile Environment operational level strategy implementation tactic – the onus is placed on the applicant to ‘search out and guess the correct form’ to complete.

Below is a .gov.uk  webpage — https://www.gov.uk/guidance/immigration-rules   (accessed July 2019) — that lists what is officially in the public domain information regarding the ‘Rules’:

The Immigration Rules are some of the most important pieces of legislation that make up the UK’s immigration law. They are updated on a regular basis and all changes can be found in the Immigration Rules: statement of changes.

The rules are divided into different documents. The index page will help you find the part you need.

You can view the archived copies of the consolidated Immigration Rules as they were on the date before each statement of changes came into effect.

  1. Immigration Rules: Index The rules are divided into different documents. The index page will help you find the part you need.
  2. Immigration Rules: introduction This contains an explanation of who’s covered by the Immigration Rules, dates of effect and definitions/interpretations of the terms used.
  3. Immigration Rules part 1: leave to enter or stay in the UK General provisions regarding entry clearance, leave to enter or remain in the United Kingdom (paragraphs 7 to 39E).
  4. Immigration Rules part 2: transitional provisions Transitional provisions Part 2 and Appendix V: Immigration Rules for Visitors.
  5. Immigration Rules part 3: students Persons seeking to enter or remain in the United Kingdom for studies.
  6. Immigration Rules part 4: work experience Persons seeking to enter or remain in the United Kingdom in an “au pair” placement, as a working holidaymaker or for training or work experience (paragraphs 122 to 127).
  7. Immigration Rules part 5: working in the UK Persons seeking to enter or remain in the United Kingdom for employment (paragraphs 128A to 199B).
  8. Immigration Rules part 6: self-employment and business people Persons seeking to enter or remain in the United Kingdom as a businessman, self-employed person, investor, writer or composer or artist (paragraphs 200A to 237).
  9. Immigration Rules part 6A: the points-based system Points-based system (paragraphs 245AAA to 245ZZE).
  10. Immigration Rules part 7: other categories Other Categories (paragraphs A246 to 276BVI).
  11. Immigration Rules part 8: family members Family members (paragraphs A277 to 319Y).
  12. Immigration Rules part 9: grounds for refusal General grounds for the refusal of entry clearance, leave to enter or variation of leave to enter or remain in the United Kingdom (paragraphs A320 to 324).
  13. Immigration Rules part 10: registering with the police Registration with the police (paragraphs 325 to 326).
  14. Immigration Rules part 11: asylum Asylum (paragraphs 326A to 352H).
  15. Immigration Rules part 11A: temporary protection Temporary protection
  16. Immigration Rules part 11B Asylum
  17. Immigration Rules part 12: Procedure and rights of appeal Procedure and rights of appeal
  18. Immigration Rules part 13: deportation Deportation (paragraphs A362 to 400).
  19. Immigration Rules part 14: stateless persons Stateless persons
  20. Immigration Rules part 15: condition to hold an ATAS clearance certificate Condition to hold an Academic Technology Approval Scheme (ATAS) clearance certificate.
  21. Immigration Rules Appendix 2: police registration Countries or territories whose nationals or citizens are relevant foreign nationals for the purposes of Part 10 of these Rules
  22. Immigration Rules Appendix 6: academic subjects that need a certificate Disciplines for which an Academic Technology Approval Scheme certificate from the Foreign and Commonwealth Office is required.
  23. Immigration Rules Appendix 7: overseas workers in private households Statement of the terms and conditions of employment required for overseas domestic workers in private households in the UK.
  24. Immigration Rules Appendix A: attributes Points needed for attributes for applicants in Tiers 1, 2, 4 and 5 of the points-based system.
  25. Immigration Rules Appendix AR: administrative review Administrative Review
  26. Immigration Rules Appendix AR (EU) Administrative Review for the EU Settlement Scheme
  27. Immigration Rules Appendix Armed Forces Rules for members of the armed forces, civilian employees and their families.
  28. Immigration Rules Appendix B: English language English Language
  29. Immigration Rules Appendix C: maintenance (funds) Maintenance (funds)
  30. Immigration Rules Appendix D: highly skilled migrants Immigration Rules for leave to enter as a Highly Skilled Migrant as at 31 March 2008, and Immigration Rules for leave to remain as a Highly Skilled Migrant as at 28 February
  31. Immigration Rules Appendix E: maintenance (funds) for the family of Relevant Points Based System Migrants Maintenance (funds) for the family of Relevant Points Based Systems Migrants and Appendix W Workers
  32. Immigration Rules Appendix ECAA ECAA nationals and settlement
  33. Immigration Rules Appendix EU EU, other EEA and Swiss citizens and family members
  34. Immigration Rules Appendix EU (Family Permit) EU (Family Permit)
  35. Immigration Rules Appendix F: archived Immigration Rules Archived Immigration Rules
  36. Immigration Rules Appendix FM: family members Family members
  37. Immigration Rules Appendix FM-SE: family members specified evidence Family members – specified evidence
  38. Immigration Rules Appendix G: Youth Mobility Scheme Countries and territories taking part in the Tier 5 Youth Mobility Scheme and annual allocation of places for 2019.
  39. Immigration Rules Appendix H: Tier 4 documentary requirements Applicants who are subject to different documentary requirements under Tier 4 of the Points Based System.
  40. Immigration Rules Appendix J: codes of practice for skilled work Codes of practice for Tier 2 Sponsors, Tier 5 Sponsors, employers of work permit holders and Tier 1 migrants (where appropriate)
  41. Immigration Rules Appendix K: shortage occupation list Shortage Occupation List.
  42. Immigration Rules Appendix KoLL Knowledge of language and life.
  43. Immigration Rules Appendix L: Tier 1 competent body criteria Designated Competent Body criteria for Tier 1 (Exceptional Talent) applications.
  44. Immigration Rules Appendix M: sports governing bodies Sports governing bodies for Tier 2 (Sportsperson) and Tier 5 (Temporary Worker – Creative and Sporting) applications.
  45. Immigration Rules Appendix N: authorised exchange schemes Approved Tier 5 government authorised exchange schemes.
  46. Immigration rules Appendix O: approved English language tests List of English language tests that have been approved by the Home Office for English language requirements for limited leave to enter or remain under the Immigration Rules.
  47. Immigration Rules Appendix P: lists of financial institutions Lists of financial institutions that do not satisfactorily verify financial statements, or whose financial statements are accepted.
  48. Immigration Rules Appendix SN: Service of notices Service of notices
  49. Immigration Rules Appendix T: tuberculosis screening Tuberculosis screening.
  50. Immigration Rules Appendix U: Seasonal Worker Scheme Seasonal Worker Scheme
  51. Immigration Rules Appendix V: visitor rules Immigration Rules for visitors.
  52. Immigration Rules Appendix W: Immigration Rules for Workers Immigration Rules for Workers

Who reviews the Rules and makes Updates to them – the .Gov.uk site does not provide this information, only the Updates mechanism: https://www.gov.uk/guidance/immigration-rules/updates  and https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ar-administrative-review

Note from the UKLGIG on the consequences of the complexity caused by changes to the ‘Rules’ under the Hostile Environment (2012 to the present/2019):

British immigration law has, over recent years, become increasingly complex and it is now very difficult to provide a general guide. Applicants must read the Immigration Rules (and any related guidance) before making an application and should not rely on this guide alone.

It has traditionally been UKLGIG’s position that those with ‘straightforward’ applications should be able to make an application without the help of a legal advisor. We now believe that the need for specialist advice has increased due to the complexity of the rules introduced by the UK Visas & Immigration (UKVI), particularly since July 2012.

Source: https://uklgig.org.uk/?page_id=516