Greenie wrote:Yes the immigration rules were laid before parliament and approved as all changes to the immigration rules are.
They have been taken down from the website as the rules have since been changed however they remain the rules that were in force on the date you applied for psw.
I see no point in debating this further as you seem to fundamentally misunderstand the issues at hand.
Tier 1 (Post-Study Work) Migrants
245F. Purpose
The purpose of this route is to encourage international graduates who have studied in the UK to stay on and do skilled or highly skilled work.
245FA. Entry to the UK
All migrants arriving in the UK and wishing to enter as a Tier 1 (Post-Study Work) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
245FB. Requirements for entry clearance
To qualify for entry clearance as a Tier 1 (Post-Study Work) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal.
(b) The applicant must not previously have been granted entry clearance or leave to remain as a Tier 1 (Post-Study Work) Migrant as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme), or as a Participant in the Fresh Talent: Working in Scotland Scheme.
(c) The applicant must have a minimum of 75 points under
paragraphs 66 to 72 of Appendix A.
(d) The applicant must have a minimum of 10 points under paragraphs 1 to 3 of Appendix B.
(e) The applicant must have a minimum of 10 points under paragraphs 1 to 2 of Appendix C.
(f) If:
(i) the studies that led to the qualification for which the applicant obtains points under paragraphs 66 to 72 of Appendix A were sponsored by a Government or international scholarship agency, and
(ii) those studies came to an end 12 months ago or less the applicant must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.
THESE RULES DO NOT REFER TO THE QUALIFICATION REQUIREMENTS . You can see clearly they emphasised only on pargraph 66 to 72 which do not relate to the type of qualification . that is why they said specifically in the statement of changes on 7th sep under the heading of PSW
For Immigration Rules
Why aren’t the Immigration Rules for Tier 1 (Post-study work) applications going to be amended?
Applicants who:
applied before the Tier 1 (Post-study work) route closed
have an outstanding application
will have their applications decided under the rules in force at the time they applied. A commitment was made when the Tier 1 (Post-study work) route was closed that there would be no change to the rules for those applications. Therefore any amendment to those rules, even if only to incorporate existing guidance provisions, would be against that commitment.
For Tier 1 (Post-study work) applications you must only consider applications against the requirements set out in the rules. Applicants must demonstrate they meet the requirements of the rules. The applicant may demonstrate this by providing evidence other than that specified in the guidance. You must consider any evidence provided with the application and grant leave if the evidence demonstrates that, on the balance of probabilities, the requirements of the rules are met.
Refereing Policy Guidance Seperatley:
Considering Tier 1 (Post-study work) applications
Where an applicant has not provided evidence, as specified in the published policy guidance, you must review the evidence provided to identify whether there is sufficient information to qualify for a grant of leave under the route.
The evidence must demonstrate:
That they have been awarded, either:
o a UK recognised bachelors degree, masters degree or PhD
o a UK postgraduate certificate in education, or a professional graduate diploma of education, or
o a Higher National Diploma (HND) from a Scottish institution.
They either:
o studied for the eligible award at a UK institution that is a UK recognised or listed body, or holds a sponsor licence under Tier 4 of the points-based system, or,
o are claiming points for having been awarded an HND at a Scottish publicly funded institution of further or higher education, or at a Scottish bona fide private education institution which maintains satisfactory records of enrolment and attendance.
Their period of UK study and/or research towards their eligible award were undertaken while they had entry clearance, leave to enter or remain in the UK that was not subject to a restriction preventing them from undertaking a course of study and/or research.
The date they were awarded the eligible qualification and demonstrate the application for leave to remain as a Tier 1 (Post-study work) migrant was made within 12 months of obtaining the eligible award or within 12 months of completing a UK foundation programme office affiliated foundation programme as a postgraduate doctor or dentist.
If, on the balance of probabilities, you are satisfied sufficient evidence has been provided to show the applicant has met one of the above criteria, you must award the applicant 75 points under Appendix A and 10 points under Appendix B of the Immigration Rules.
If you have any concerns about whether any evidence provided should be accepted, you must discuss the application with your senior caseworker or line manager.
Now what i belive they have themselves taken a step back by accepting the BALANCE OF PROBABILITIES APPROACH . You see they have not at any time mentioned these qualification requirements in immigration rules so thats why they have given the authority to caseworkers to decide cases on balance of probabilities because they will now expect cases if refused legally challenging the status of POLICY GUIDANCE under the guidlines of ALVI JUDGEMENT
