Immigration Lawyer Blog

The UK Border Agency has issued new policy guidance following the judgment of the Supreme Court in the case of Quila and Bibi v Secretary of State for the Home Department [2011] UKSC 45.

This case challenged the requirement under paragraph 277 of the Immigration Rules for both foreign spouses and their sponsors in the UK to meet a minimum age of 21 before the foreign spouse could be granted a visa to enter or remain as a spouse or partner. Paragraph 277 (along with other paragraphs of the Immigration Rules) was amended on 27 November 2008 to raise the minimum age from 18 to 21.

The Supreme Court has ruled that, whilst they recognised that the Secretary of State was pursuing a legitimate and rational aim of seeking to address forced marriage, the change to the rule (increasing the minimum marriage visa age from 18 to 21) disproportionately interfered with the Article 8 rights of those who were in genuine marriages.

The guidance primarily affects applicants whose applications for entry clearance or leave as a fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner or same-sex partner were refused under paragraphs 277, 289AA, or 295AA of the Immigration Rules solely because they or their sponsor were aged between 18 and 20 and whose application was refused on that basis between 27 November 2008 and October 2011. This applies to applications made within or outside the UK. The guidance sets out how such applicants can apply for a review of the original decision to refuse a visa which might now result in a visa being issued.

Changes to the Immigration Rules have been laid in Parliament today to reinstate a minimum age of 18 for a spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or same-sex partner and for their sponsor in order to qualify for entry clearance, leave to enter, leave to remain or a variation of leave on that basis. These rules will come into effect on 28 November 2011. The new policy guidance explains how applicants affected by the judgment can request a review of an earlier refusal due to the age requirement by 31 May 2012.

Russia will finalize the details of a long-discussed visa agreement with the United States by the end of November, Deputy Foreign Minister Sergey Ryabkov said on Thursday.

"Within the next few days we will complete all the technicalities concerning simplification of the visa regime [with the United States],” Ryabkov said.

The agreement will shorten the time it takes to process visa applications and extend the visa validity period.

Russian Prime Minister Vladimir Putin proposed scrapping visa restrictions between the two countries altogether during a meeting with U.S. Vice President Joe Biden in Moscow in March.

In May, Russian President Dmitry Medvedev and U.S. President Barack Obama announced plans to liberalize visa restrictions for businessmen and tourists traveling between the two countries. Under the new agreement, eligible business travelers and tourists would be issued visas valid for 36 months at a unified and reciprocal fee.

The Government of Canada is planning to welcome more federal skilled workers in 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced today.

The Federal Skilled Worker Program (FSWP) remains the principal avenue for permanent immigration to Canada. In 2012, Citizenship and Immigration Canada (CIC) plans to welcome 55,000–57,000 federal skilled workers, up from 47,000–47,400 in the 2011 Immigration Levels Plan.

"“The government’s number one priority remains the economy. We recognize the importance of immigration to our labour market and we value the contributions of skilled immigrants who add to our international competitiveness,”" said Minister Kenney. "“We are committed to facilitating the arrival of the best and the brightest to our country.”"

An important milestone was reached this year when the backlog of FSW applications prior to the launch of the 2008 Action Plan for Faster Immigration was reduced by more than 50 percent – two years ahead of schedule. The higher range in 2012 will support labour market responsiveness and sustain progress on backlog reduction.

CIC completed an extensive evaluation of the FSWP in 2010, showing that the program is working well and selecting immigrants who perform well economically. The report found that 89 percent of FSWs were employed or self-employed three years after landing. Moreover, 95 percent of the employers surveyed indicated that FSWs were meeting or exceeding their expectations. The evaluation indicated a strong continuing need for skilled immigrants in Canada.

"“CIC will continue to ramp up efforts to modernize our immigration system to make it more nimble and responsive to labour market needs,”" said Minister Kenney. "“Following nationwide consultations this past spring on proposals to improve the Federal Skilled Worker Program, we are actively exploring policy options on the way forward.”"

The U.S. Consulate General Mumbai will shift this month from Lincoln House in Breach Candy and the American Center in Churchgate to its new facility in the Bandra Kurla Complex (BKC). The new U.S. Consulate General at BKC reflects the expansion in U.S.-India relations, and features expanded space for consulate operations. The number of interview windows for services to visa applicants and U.S. citizens will increase significantly, from 13 to 44.

U.S. Consul General Peter Haas comments “Our new home reflects the overall trend of U.S.-India ties. Our relationship with India is growing and modernizing, and our Consulate must do the same.”

Lincoln House will close its doors to the public on November 15 and reopen on November 21 at the new BKC location. The Consulate cannot provide visa services between November 15 and 21. Consular officers will host a webchat on November 9th at 7:00PM to answer specific questions about the shift and its effect on consular services: https://statedeptasia.connectsolutions.com/mumbai. The American Library at New Marine Lines near Churchgate has already closed and will reopen to the public shortly after consular operations begin at the new Consulate.

The new consulate compound will house all United States Government offices in Mumbai, including the Department of State, the Foreign Commercial Service, the U.S. Food and Drug Administration and the Foreign Agricultural Service. The new consulate will also include the Consul General’s residence. The new consulate features state of the art green technology, including high-efficiency lighting, a gray-water recycling system, and a self contained waste water treatment facility.