Restricted appeal regime extended to Tier 1, Tier 2 and Tier 5 applicants

Policy effect

Expands the implementation of the Immigration Act 2014 appeals and removal regime to Tier 1, Tier 2, and Tier 5 applicants and their dependants applying on or after 2 March 2015, phasing out standard immigration appeal rights.

Conditions and exceptions

Validated condition or limit: The new framework applied to covered applications made on or after 2 March 2015 and generally limited appeals to human-rights or protection grounds.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… itizen, an EEA national or a Swiss national) may still be solemnized in the Anglican Church on the authority of a common licence provided that licence was granted on or before 1st March or the parties have applied for a common licence and that application was received by the appropriate Church authorities on or before 1st March. The Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014 ( S.I. 2014/2771 ) (“the Commencement Order”) commenced (amongst others) provisions relating to removal and appeals which it collectively defined as “the relevant provisions”, but also contained saving provisions which limited the circumstances in which the relevant provisions would have effect. Part 3 of this Order contains amendments to the Commencement Order which will take effect in two stages, expanding the circumstances in which the relevant provisions have effect. To achieve the first stage of the expansion, article 7 inserts new article 11(1A) into the Commencement Order, providing that the relevant provisions will additionally have effect in relation to a person (“P3”) who makes an application for leave to remain as a Tier 1 Migrant, a Tier 2 Migrant, or a Tier 5 Migrant, or as their family member, on or after 2nd March 2015. The persons in this category will also be subject to the saving provisions set out in article 11(2) and (3) of the Commencement Order. The second phase of the expansion is effected by article 8. This article removes as of 6th April 2015 the saving provisions in articles 9, 10 and 11 of the Commencement Order, with the effect that the relevant provisions will have general effect from that date. However article 8 also inserts a new article 9 into the Commencement Order which contains some saving provisions for certain types of decision, or application, which are made prior to 6th April 2015. Accordingly, the saved provisions will continue to have effect so far as they relate to the following decisions made on or after 6th April 2015: refusals of applications to vary leave to enter or remain made before 20th October 2014 where the person was seeking leave to remain as a Tier 4 Migrant or a …

Review method

Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication

Other United Kingdom changes operative in 2015

• 2015-02-12Counter-Terrorism and Security Act 2015
• 2015-04-06The Immigration (European Economic Area) (Amendment) Regulations 2015
• 2015-04-06The Immigration (Health Charge) Order 2015
• 2015-08-10The Asylum Support (Amendment No. 3) Regulations 2015
• 2015-10-15Introduction of leave to remain for domestic workers who are victims of modern slavery or human trafficking