The following Immigration guidance note provides comprehensive and up to date legal information covering:
Produced in partnership with Judith Farbey QC of Doughty Street Chambers and Deborah Revill of Lamb Building
There are various sources of immigration law, including:
the Immigration Rules
Home Office policies
Each of these sources has its own characteristics and status. See Practice Note: Sources of immigration law.
The status of the Immigration Rules (the Rules) and Home Office policy guidance has been the subject of litigation, particularly since the introduction of the Points-Based System (PBS). This has often been because applications under the PBS must meet stringent requirements concerning evidence that were initially often specified in Home Office guidance rather than the Rules themselves.
This Practice Note:
summarises the legal status of the Rules
discusses key cases concerning the legal status and validity of Home Office guidance used to supplement application criteria set out in the Rules
The Rules are not contained in either statute or statutory instrument. Instead, the Immigration Act 1971 (IA 1971) provides the Secretary of State with statutory power to lay before Parliament statements of the Rules or any changes to the Rules concerning the practice to be followed in the administration of IA 1971 for regulating entry and stay in the UK. This includes any rules relating to the period of entry or stay and the conditions
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