If you have a number of branches you can register in a number of ways.

These include:

• applying for a single licence that includes your ‘head office and all branches’ in the UK (for example, a UK-wide language school might choose to register all of its branches in England, Scotland, Wales and Northern Ireland in a single licence)
• each branch applying for a separate licence; or
• grouping a number of branches in a single licence (for example, a UK-wide language school might choose to register all its branches in London in a single licence).

We may ask for evidence that your head office and/or the group of branches you list in your application are linked by common ownership or control. You can show common ownership or control if:

1. one entity controls the composition of the other entity’s board;
2. one entity is in a position to cast, or control the casting of, more than half the maximum number of votes that might be cast at a general meeting of the other entity; or
3. one entity holds more than half the issued share capital of the other entity (excluding any part of that issued share capital that carries no right to participate in a distribution of either profits or capital beyond a specified amount); or
4. both entities have a common parent entity that itself or through other entities meets one of the requirements of the first three bullet points above in relation to both entities that are the subject of the intra-company transfer; or
5. one entity is related to the other entity as both entities are party to a joint venture agreement which has created a new, separate legal entity; or
6. one entity is related to the other entity in that one entity is party to a joint venture agreement and the other entity is the entity formed by that joint venture agreement.

If you are an existing sponsor, you may request to add a branch to your sponsor licence. In order to do this, you must be able to demonstrate common ownership or control as outlined above.

If you have a branch, or a number of branches, who also have their own individual licences and we revoke their licence, we will not automatically remove or downgrade your licence but we will investigate you and other branches associated with your/their licence. If you are licensed as a ‘head office and all UK branches’ (for example an English language school with branches across the UK) and we revoke your licence this will apply to all of your branches. If we revoke your licence, none of your branches will be able to sponsor students. If you have existing students when we revoke your licence, we will limit the permission those students have to be in the UK, because they will no longer be studying with a licensed sponsor.

If you are a large education provider with a number of campuses, for example a university, they will automatically be included in your licence. If you want to, you can apply for separate licences for your different campuses, but you do not have to. If any of your branches later apply for an individual licence, we will take into account any evidence of previous abuse or non-compliance, and the reasons for it, when we consider the application.

Partner institutions

We are aware that the word partnership can have different meanings for different people and sectors. For Tier 4 purposes partnerships do not require common ownership or control (as a branch would) and we will only accept partnerships that meet one of the criteria outlined in this section.

You can name another education provider as a ‘partner’ institution on your licence where the partner institution will only provide pre-sessional courses on your behalf to students who will undertake their main course of study with you once they have completed their pre-sessional course. Please see the section called ‘Pre-sessional courses’ for further information about partner institutions and pre-sessional courses.

You can also name another education provider as a ‘partner’ institution where there is a contractual partnership agreement between you and another educational provider and you will  work in partnership to deliver education to students. In order to name another education provider as a partner under these circumstances you and your ‘partner’ institution must hold your own separate sponsor licence and you both must have a full satisfactory inspection, audit or review with one of the appropriate bodies and hold highly trusted sponsor status.

If you have named a ‘partner institution’ on your licence and we revoke that institution’s own licence, we will consider all of the circumstances and may consider taking action against your licence.

Trusts

If you are an educational trust or other similar organisation with a number of education providers under your control, you can apply for a Tier 4 sponsor licence as a ‘head office and all UK branches’ or make a separate application for each education provider. You must provide evidence that your trust and the group of branches you list in your application are linked by common ownership or control.

ICS Legal provides a full managed service including Client Based Training. Call our team on 0207 237 3388.

A key part of the reforms is to strengthen the conditions which an education provider has to satisfy before they are allowed by the UK Border Agency to ‘sponsor’ an international student to study in the UK. This involves the oversight of their education provision and their compliance with immigration requirements.

As regards educational oversight, we announced that from the end of 2012 all sponsors would need to have had a satisfactory inspection or review by one of a number of specified bodies who are involved in the delivery of the regulatory framework for educational standards in the UK (‘the educational oversight bodies’). The full list of approved educational oversight bodies is set out below. This is a shorter list than the previous one.

It is open to a sponsor to seek review from the appropriate body on the list. The UK Border Agency wishes to rely on existing educational oversight arrangements rather than creating a new framework for the purpose of Tier 4. The high standards set and monitored by the educational oversight bodies on the approved list are adequate for our purposes and will drive up the quality of education on offer to international students through Tier 4. In turn this will improve the quality of students and therefore of immigration compliance.

The UK Border Agency has held discussions with a number of the approved educational oversight bodies about extending their current activities to include review of other education providers. This will maximise the opportunity for those other providers to remain, or become, Tier 4 sponsors. It will thereby keep open a place in Tier 4 for privately funded colleges of further and higher education, and English language schools who meet the standards set by the educational oversight bodies.

The UK Border Agency can now announce that the Quality Assurance Agency for Higher Education (QAA) and the Independent Schools Inspectorate (ISI) have agreed in principle to extend their activities to carry out additional reviews as follows:

QAA will review:

• listed bodies;
• other private higher education providers offering courses normally awarded in accordance with the Frameworks for Higher Education Qualifications; and
• ‘embedded’ colleges offering courses as a pathway into higher education.

ISI will inspect privately funded further education colleges offering courses on the QCF/NQF, and also English language schools.

The UK Border Agency is still in discussion with the educational oversight bodies operating in Scotland, Wales and Northern Ireland, and also with the other educational oversight bodies bodies involved in the independent schools sector, about their potential role in the process. We shall make a further announcement as soon as possible to clarify the position of colleges based in the devolved administrations and of faith colleges.

The QAA and ISI will publish on their websites the details of the applicable standards and procedural information about how to apply, charges and how reviews will be carried out. QAA and ISI will communicate with stakeholders in the relevant sectors before commencing reviews, which are expected to begin being scheduled from October.

QAA and ISI have set a date by which sponsors seeking educational oversight by the end of 2012 must have submitted an application, and this is Friday 9 September 2011. QAA and ISI will announce the dates when they will start to accept applications. These dates may be varied in respect of providers in the Devolved Administrations depending on the timing of the announcement referred to in paragraph 9 above.

A current sponsor who has not had a satisfactory review by one of the approved review bodies and who does not apply by the due date of 9 September will lose the ability to issue new confirmations of acceptance for studies (CASs). Sponsors who do not hold a current satisfactory review and who do apply by the due date will have until the end of 2012 to obtain one. Following an application, a sponsor who receives an unsatisfactory review will lose the ability to issue new CASs.

Some providers offer a mixture of higher education courses (those aligned to the FHEQ) and further education courses (those aligned to the QCF/NQF). Where the character of an institution is predominantly higher education, the QAA will be the educational oversight body, and where the character is predominantly further education, the ISI will be the educational oversight body. In Scotland and Wales the appropriate qualifications frameworks (SCQF and CQFW) will be taken into account. QAA and ISI have agreed to develop a memorandum of cooperation to include a means of determining which body will conduct reviews for colleges with mixed provision. The UK Border Agency will review these arrangements at the end of 2012.

The UK Border Agency will consider with the educational oversight bodies the frequency of reviews required for all providers after the initial round is complete. It is expected a risk-based approach will be adopted.

QAA and ISI will issue further information on the nature of each organisation’s judgements and arrangements for re-review where an institution does not receive a positive report.

Where current Tier 4 sponsors do not receive a positive review, we will restrict their ability to issue CASs.

Both QAA and ISI operate an appeals and complaints procedure.

All reports will be published on either the QAA or ISI website as appropriate.

Organisations approved by the QAA to proceed to a detailed scrutiny of their applications for taught degree-awarding powers will not need to apply separately to the QAA, as the appropriate educational oversight body, for review. In addition, where the QAA is contracted to undertake reviews on behalf of statutory regulators, institutions reviewed by QAA for these purposes will not be required to undergo any separate review.

These arrangements do not apply to colleges not yet in operation. QAA and ISI will publish further guidance on how educational oversight will be applied to new colleges.

For further information please visit the QAA website or the ISI website.

We will publish details about the separate requirement for all sponsors to attain Highly Trusted Sponsor status.

Approved educational oversight bodies

The full list of approved educational oversight bodies authorised for Tier 4 purposes is:

• the Quality Assurance Agency for Higher Education
• Ofsted (England)
• Her Majesty’s Inspectorate of Education (Scotland)
• Estyn (Wales)
• the Education and Training Inspectorate (N Ireland)
• the Independent Schools Inspectorate
• the School Inspection Service
• the Bridge Schools Inspectorate

Humanitarian protection and discretionary leave to remain were introduced on 1 April 2003 to replace exceptional leave to remain. It is relevant to this case that a human rights claim may result in discretionary leave if the qualifying criteria are met. The Asylum Policy Instruction (“API”) on

The Convention for the Protection of Human Rights and Fundamental Freedoms (commonly referred to as the European Convention on Human Rights (ECHR)) was adopted under the auspices of the Council of Europe in 1950 and entered into force in September 1953. The human rights that are enshrined within the ECHR are enforceable in the UK’s domestic courts by virtue of the Human Rights Act 1998.  Article 8 ECHR constitutes what is known as a ‘qualified right’. This means that state interference with the rights set out under Article 8 is permissible in certain specific situations.

Any interference on the part of the state with the rights set out in Article 8(1) must therefore be justified as being necessary and proportionate in pursuit of one of the permissible aims set out in Article 8(2).  Although not expressly mentioned in Article 8(2), caselaw has established that the maintenance of an effective immigration control falls within these permissible aims.

“Criteria for granting discretionary leave

Cases where removal would breach Article 8 of the ECHR. Where the removal of an individual would involve a breach of Article 8 of the ECHR (right to respect for private and family life) on the basis of family life established in the UK, they should be granted Discretionary Leave. Leave should not be granted on this basis without a full consideration of the Article 8 issues. …This category applies to both asylum and non-asylum cases. In non-asylum cases it is most likely to arise in the context of a marriage or civil partnership application where, although the requirements of the Rules are not met (e.g. because the correct entry clearance is not held), there are genuine Article 8 reasons which would make removal inappropriate. …
…….

Duration of grants of discretionary leave
Standard period for different categories of discretionary leave. Subject to sections 5.2 and 5.3 it will normally be appropriate to grant the following periods of Discretionary Leave to those qualifying under the categories set out in section 2. …• Article 8 cases (section 2.1) – 3 years .

Article 8 claims in the asylum context may raise a number of issues concerning the private and/or family life of an individual. The right to respect for home and correspondence rarely arises in the context of asylum claims.  Article 8 claims may be stated explicitly by the claimant or be implicit on the particular facts of the case.

Under regulation 9 of the 2006 Regulations, the family members of a British national returning to the UK will be treated as if they were the family members of an EEA national under the following conditions:

• After leaving the United Kingdom, the British national resided in an EEA state and
• Was employed there (other than on a transient or casual basis); oro Established him/herself there as a self-employed person; and
• If the family member is his/her spouse, the marriage took place, and the parties lived together in an EEA state, before the British national returned to the United Kingdom.

A refusal to issue a Residence Card on the grounds that the passport / ID card presented as evidence of EEA family member‟s nationality is forged / counterfeit attracts no right of  appeal under Regulation 26 of the 2006 Regulations.

A refusal to issue a Residence Card on the grounds of Public Policy Public Health or Public Security attracts a full „in country‟ right of appeal under Regulation 26 of the 2006 Regulations. If no evidence of the EEA family member‟s EEA nationality has been supplied then there is no right of appeal and the application is refused by letter.  ECD.3117 is appropriate.  An applicant would need to supply some form of document purporting to be evidence of their family member‟s EEA nationality before qualifying for a right of appeal under the 2006 Regulations.  The applicant must provide some form of evidence that their EEA family member is an EEA national before benefiting from rights of appeal provided under European law.

If no evidence of the non-EEA national‟s identity / relationship to the EEA national is provided the application is refused without a right of appeal.  ECD.3117 isappropriate.  The applicant must provide some form of evidence of their own identity and relationship to the EEA before they can benefit from a right of appeal under European law.

Section 1(1) of the Immigration Act 1971 exempts from immigration control persons who have the right of abode in the UK, if they can prove that they have the right of abode. This means that they do not need to obtain the permission of an immigration officer to enter the United Kingdom, and may live and work without restriction. You must not collect biometrics from such an applicant.

The right of abode is a statutory right, which a person either has or does not have, depending on whether they meet the conditions in section 2 of the 1971 Act. Under s.2A of the 1971 Act, the right of abode can be taken away. The Minister (or officials working on his behalf) cannot confer the right of abode on any person – for example, merely by issuing a passport or certificate of entitlement (Christodoulido – v – SSHD [1985] Imm AR 179).

ROA2 Who has the right of abode?

Section 2 of the 1971 Act, as amended by s.39(2) of the British Nationality Act 1981 (BNA 1981), defines the two categories of people who currently have the right of abode:

• British citizens; and
• Commonwealth citizens who had the right of abode before 1 January 1983 and who have not, since then, ceased to be Commonwealth citizens.

ROA3 Referral or right of abode / certificate of entitlement applications

The UK Border Agency in Liverpool is responsible for all right of abode casework and policy. You should send referrals and requests for advice on certificates of entitlement and related issues to:

UK Border Agency
Nationality Quality and Enquiry Team
PO Box 306
Liverpool
L2 OQN

Phone: 0845 010 5200
Email: ukbanationalityenquiries@ukba.gsi.gov.uk

You should always refer cases which involve an applicant whose right of abode rests on a parent who has been legally deprived of British citizenship. This also applies in cases where the parent of such an applicant has renounced British citizenship and the Post’s records do not confirm that the date of the renunciation is later than the applicant’s birth. If you issue a certificate of entitlement to a person who is a British subject under section 30 or 31 of BNA 1981, it should be placed immediately below the right of abode endorsement on page 5 of the passport.

If you issue a Certificate of Entitlement to a person under the provisions of the 1976 Act, you should use the Child of a Polygamous Marriage and the 1976 Legitimacy Act form to notify the Identity and Passport Agency.

ROA4 Basis of a person’s claim to right of abode

2(1)(a) – for British citizens

2(1)(b) – for Commonwealth citizens who had ROA before 1 Jan 1983, provided they had not ceased to be a Commonwealth citizen at any time.

Note: The re-admission of Pakistan and South Africa to the Commonwealth in 1989 and 1994 respectively did not have the effect of reviving any claims by their nationals to right of abode in the UK.

The only way to acquire the right of abode since 1 Jan 1983 has been by becoming a British citizen.

Definitions

ROA5 Proof of the right of abode

Under section 3(9) of the 1971 Act, as amended by the Immigration, Asylum and Nationality Act 2006, a person claiming the right of abode in the UK can prove it by presenting either:

• a UK passport or an ID Card issued under the Identity Cards Act 2006 describing them as a British citizen; or
• a UK passport or an ID Card issued under the Identity Cards Act 2006 describing them as a British subject with the right of abode in the UK; or
• a certificate of entitlement to the right of abode.

This superseded earlier legislation, which allowed other documentation in some cases.

ROA6 Confirmation or ‘right of abode’ document

This was a non-statutory document which was issued, for a brief period before commencement of the Immigration Act 1988, to dual nationals whose British citizenship gave them a claim to right of abode but who had opted to travel on non-British passports. It is no longer issued.

ROA7 Passport endorsements relating to right of abode

A British passport issued after 1 January 1983 containing the description ‘A British citizen’ means that the holder has the right of abode in the UK.

British passports may be issued in the UK to those whose right of abode is awaiting verification. The passport will contain the endorsement ‘The holder’s status under the Immigration Act 1971 has not yet been determined’.

Other British passports, for example, those issued to British Overseas citizens and British subjects may contain other types of endorsement. Staff can find out further details on FCONet in FCO Guidance (Consular and Passport services, Volume 17, Annex 6C).

ROA8 Right of abode for persons from former British colonies

A person could have the right of abode under section 2(1)(a), (b) or (c) immediately prior to 1 January 1983 only if they were then a citizen of the UK and Colonies (CUKC).

Citizens of former British colonies, which have become independent, may still have pre-independence passports describing them as CUKC, but may have lost CUKC on independence. If they lost CUKC status, they would have lost their claim to the right of abode unless they also had a claim on the basis of their Commonwealth citizenship. FCO Guidance (Consular and Passport Services, Volume 15, Annex 3) gives details of changes in citizenship status at the time of the independence of specific countries.

Exceptions to the rule

If a married woman lost her CUKC status on independence, she may still have a claim to the right of abode under section 2(2) of the Act if, as a Commonwealth citizen, she has at any time been married to a person who, at the time of the marriage, had the right of abode.

ROA9 When are children of polygamous marriages British citizens?

Children of a polygamous marriage may have a claim to British citizenship if the marriage is valid in UK law (that is, if it was a valid form of marriage where it took place and the father was domiciled in a country which allowed polygamy).

The children of a polygamous marriage may also, in other cases, be British citizens through the provisions of the Legitimacy Act 1976 if their father was domiciled in England or Wales at the time of the marriage. ECOs need to read FCO Guidance (Consular and Passport Services, Volume 5, Chapter 9) to find out how to assess if these children are British.

If you issue a Certificate of Entitlement to a person under the provisions of the 1976 Act, you should use the Child of a Polygamous Marriage and the 1976 Legitimacy Act form to notify the Identity and Passport Agency (a copy of the form can be downloaded under ‘Related documents’ on the side of this page) .

ROA10 Restriction on exercise of right of abode in some cases

Section 2 of the Immigration Act 1988 provides that a woman who acquired the right of abode through marriage before 1983 (that is, by virtue of s.2(2) of the 1971 Act, as then in force) may not enter the UK in exercise of that right, or be granted a certificate of entitlement, if another living wife or widow of the same man either:

• is or has at any time since her marriage been in the UK otherwise than as a visitor, an illegal entrant or on temporary admission, or
• has been granted a certificate of entitlement or entry clearance on account of her marriage

The restrictions do not prevent a wife who entered the UK in that capacity before 1 August 1988 from returning to the UK, or from being issued with a certificate of entitlement or entry clearance enabling her to do so, even if other wives are already in this country. Nor do they apply to a wife who has been in the UK at any time since her marriage if she was then the only wife to have entered, or been cleared for entry to the UK.

So long as a woman is prevented under s.2 from entering the UK or obtaining a certificate of entitlement, she is subject to the provisions of the 1971 Act in the same way as a person who does not have the right of abode in the UK (s.2(3)).

Note: When reading the above, ‘another living wife or widow’ does not include a divorcée.

ROA11 Deprivation of right of abode

Under s.2A of the Immigration Act 1971, as inserted by s.57 of the Immigration Asylum and Nationality Act 2006, a person who has the right of abode on the basis of Commonwealth (but not British) citizenship - that is, under s.2(1)(b) of the 1971 Act as amended – may be deprived of that right ‘if the Secretary of State thinks it would be conducive to the public good for the person to be excluded or removed from the United Kingdom’.

A person against whom a deprivation order is made will have a right of appeal to the Asylum and Immigration Appeal Tribunal or, where sensitive information might otherwise be disclosed in the course of the appeal, to the Special Immigration Appeals Commission. Subject to the outcome of any such appeal, an order made under s.2A of the 1971 Act remains in force until revoked by the Secretary of State.

Cases in which there may be a possibility of deprivation of right of abode should be referred to the entry clearance complex case advice team (ECCCAT) with the relevant document completed.

ROA12 The effect of renunciation of British citizenship

A person who renounced CUKC before 1 January 1983 in order to retain or acquire citizenship of a Commonwealth country may have had right of abode on 31 December 1982 under section 2(1)(d) or 2(2). That right will have been preserved by the new s.2(1)(b) as long as they have remained a Commonwealth citizen since then.

A person who renounces British citizenship on or after 1 january 1983 loses any claim to right of abode and becomes subject to immigration control unless they are a Commonwealth citizen and continue to qualify under s.2(1)(b).

ROA13 Who qualifies for a certificate of entitlement?

You may issue a certificate of entitlement in the passport or travel document of a person who qualifies under the following:

• Those who qualified by becoming British citizens on or after 1 January 1983 and who apply for a certificate of entitlement to be inserted in a non-British passport (unless they also hold a British citizen passport – see ROA13 below);
• Commonwealth citizens who did not become British citizens on 1 January 1983 but had the right of abode immediately before that date and retained their right of abode after that date.

ROA14 When can’t a certificate of entitlement be issued?

You cannot issue a certificate of entitlement in:

• a non-British passport if the person holds a current British citizen passport
• a British citizen passport.

ROA15 Issuing a certificate of entitlement

Staff can find details on how to issue a certificate of entitlement in OSI on FCONet. After issuing a certificate of entitlement, you should place a copy of the leaflet ‘Certificate of Entitlement’ (detailed in ROA22 paragraph below) inside the passport. You should also give the leaflet to persons already holding certificates of patriality or entitlement who enquire about the right of abode. You may produce the leaflet locally.

You should advise a person to whom you issue a certificate of entitlement that on arrival in the UK they may pass through the immigration channel sign-posted ‘United Kingdom passports or EEA Nationals’.

ROA16 Issuing a certificate of entitlement if more than one person is named in the passport

ECOs should not issue a single certificate of entitlement in a passport which contains details of more than one person unless they all have right of abode under the same section of the Act.

Where persons entered on the same passport have the right of abode under different parts of the Act, ECOs should issue a separate certificate for each of them.

If there is any possibility of ambiguity, you should indicate on the same page as the certificate of entitlement, the person or persons to whom it refers. This is particularly appropriate where the holder of the passport has the right of abode but the children included in it do not.

ROA17 Cancelling a certificate of entitlement

A person will be ineligible for a certificate of entitlement if:

• they do not have the right of abode in the UK (see ROA2 above); or
• they have a current United Kingdom passport or an ID card issued under the Identity Cards Act 2006 describing them as British citizen; or
• they have a current United Kingdom passport or an ID card issued under the Identity Cards Act 2006 describing the person as a British subject with the right of abode in the United Kingdom; or
• their right of abode is restricted under section 2 of the Immigration Act 1988 (see ROA9 above); or
• they have been deprived of their right of abode by order under section 2A of the Immigration Act 1971 (see ROA10 above).

A certificate of entitlement issued on or after 21 December 2006 may be revoked by any Home Office official (including an official in the Identity and Passports Service), any immigration officer, any consular officer or any entry clearance officer where it is discovered that the holder is no longer eligible for it. There is no right of appeal against such a cancellation.

A certificate of entitlement (whether issued before or after 21 December 2006) will otherwise cease to have effect on the expiry of the passport or travel document to which is affixed.

ROA18 Certificates of entitlement for dual nationals

With the exception of persons who are ineligible (see ROA17 above), British (or Commonwealth nationals) with the right of abode, who are also foreign nationals may have a certificate of entitlement inserted into their foreign passport. But a certificate of entitlement cannot be issued if the person already holds a current British citizen passport.

If the holder applies to have a certificate of entitlement inserted in a new passport, they will need to apply for a new certificate to be issued. It is no longer possible for certificates of entitlement to be transferred into replacement passports.

ROA19 Certificates of patriality

Certificates of entitlement replaced certificates of patriality with effect from 1 January 1983.

Under section 39(8) of the British Nationality Act 1981, a certificate of patriality issued under the 1971 Act and in force before 1 January 1983 is regarded as a certificate or entitlement unless the holder has ceased to have the right of abode, for example, through renunciation, or independence legislation.

ROA20 Examples of refusal wordings for certificate of entitlement to the right of abode refusal cases

You should use the appropriate combination of wordings from the following refusals which are appropriate to the particular application (and grounds for refusal) with which you are dealing.

Applications can only be considered under the 1971 Act as amended, so refusal wordings need to include specific reference to it.

Refusal of applications under section 2(1)(a) of the 1971 Act as amended

You have applied for a certificate of entitlement to the right of abode under section 2(1)(a) of the Immigration Act 1971 as amended but you did not become a British citizen on or after 1 January 1983 and I am, therefore, not satisfied that you have right of abode in the United Kingdom.

Refusals of applications under section 2(1)(b)(i) of the 1971 Act as amended

You have applied for a certificate of entitlement to the right of abode under section 2(1)(b)(i) of the Immigration Act 1971 as amended on the grounds that:

• you were a Commonwealth citizen immediately before 1 January 1983 and you have not ceased to be a Commonwealth citizen in the meantime, and
• you were born to or adopted by a parent, who at the time of the birth or adoption, was a citizen of the United Kingdom and Colonies by his / her birth in the United Kingdom or any of the Islands.

[Use whichever of the following is relevant]
However, you are not a Commonwealth citizen / you ceased to be a Commonwealth citizen when ….. / your father [mother] was not a citizen of the United Kingdom and Colonies by birth at the time of your birth [adoption].

I am therefore, not satisfied that you have the right of abode in the United Kingdom.

Refusal of applications under section 2(1)(b)(ii) of the 1971 Act as amended

You have applied for a certificate of entitlement to the right of abode under section 2(1)(b)(ii) of the Immigration Act 1971 as amended on the grounds that:

• you were a Commonwealth citizen immediately before 1 January 1983 and you have not ceased to be a Commonwealth citizen in the meantime; and
• you are the wife of a man who has the right of abode by virtue of section 2 of the 1971 Act as originally in force.

[use whichever of the following is relevant]
However, you are:

• not a Commonwealth citizen; or
• you ceased to be a Commonwealth citizen when …….; or
• you have not been married to a man who at the time of the marriage had right of abode in the United Kingdom under section 2 of the 1971 Immigration Act as originally in force; or
• have not been the wife of a man who, but for his death, would at the commencement of the British Nationality Act 1948 have been a citizen of the United Kingdom and Colonies with the right of abode under section 2 of the Immigration Act 1971 as originally in force / your marriage would not be recognised as valid under United Kingdom law; or
• your marriage will not be recognised as valid in the United Kingdom.

I am, therefore, not satisfied that you have the right of abode in the United Kingdom.

General

You have applied for a certificate of entitlement to the right of abode under the Immigration Act 1971 as amended but:

• You have produced no evidence / insufficient evidence in support of your application and I am not, therefore, satisfied that you have the right of abode.

ROA21 Appeal rights

Any person who is refused a certificate of entitlement has a full right of appeal against the refusal, regardless of why the application is refused. You should use Refusal form GV51(FRA) (found in ECG Toolkit).

There is only a limited right of appeal against the revocation of a certificate of entitlement (see ROA17 above). Use form GV51(LRA) (found in ECG Toolkit).

ROA22 certificates of Entitlement: explanatory leaflet

1. Your passport has been endorsed to show that you have the right of abode in the United Kingdom. You will keep this right unless you change your present citizenship. However, the certificate may be revoked if it is later discovered that you do not have the right of abode. The Home Secretary may also make an order to deprive you of your right of abode if he considers that it would be in the public good for you to be removed or excluded from the United Kingdom.

2. If the endorsement is in a United Kingdom passport (other than one which describes you as a British subject) you will, when the passport is replaced, be issued with a passport showing that you are British citizen, which will in itself suffice to indicate that you have the right of abode in the United Kingdom.

3. If you have a certificate of entitlement to the right of abode endorsed in any other country’s passport, you may apply to have a further certificate of entitlement endorsed in any subsequent passport (subject to the conditions in the first paragraph above).

ROA23 Notification pro-forma of certificates of entitlement issued to a child of a polygamous marriage who benefits from the Legitimacy Act 1976

Notification pro-forma of certificates of entitlement issued to a child of a polygamous marriage who benefits from the Legitimacy Act 1976 (you can download a copy of the form under ‘Related links’ on the right side of this page).

Eligible spouses and partners will be granted a limited period of exceptional leave by the UK Border Agency. This will give access to public funds and support services, allowing victims to leave an abusive relationship and apply for residence in the UK.

Immigration Minister Damian Green said:

‘Domestic violence is a terrible crime affecting people of all ages and backgrounds and this government is determined to tackle it.

‘No one should be forced to stay in an abusive relationship and this scheme helps victims in genuine need escape violence and harm and seek the support they deserve.’

The scheme will assist foreign national spouses and partners who are victims of domestic violence. It will provide victims who would otherwise be destitute or have no access to public funds with an avenue to escape abuse and access vital support services.

The government has estimated the scheme will help 500 people to escape from abusive relationships across the UK.

The announcement follows a successful pilot, which has helped 1,522 individuals, including 738 women with children, escape from violent and dangerous situations since November 2009. In many cases the victims were afraid to seek help as they had no access to financial support and feared removal from the UK if their relationship broke up.

Applying for permission to settle here as a victim of domestic violence (Settlement DV)

If your relationship with a British citizen or a person settled in the UK has broken down as a result of domestic violence, you may be able to apply for indefinite leave to remain here. This is also referred to as permission to settle here permanently.

To be given permission to settle as a victim of domestic violence, you must prove that:

• you have been given  permission to enter or remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a person settled here (even if that permission is no longer valid);
• your relationship was existing and genuine (not a ‘marriage of convenience’, for example) when you were last given permission to enter or remain; and
• you were the victim of domestic violence, and this is what caused the relationship to break down before the end of your permission to enter or remain.

The Destitution Domestic Violence (DDV) Concession

The introduction of the Destitution Domestic Violence (DDV) concession replaces the successful Sojourner project. It is aimed at protecting those eligible under the DDV concession who are victims of domestic abuse, by allowing them to notify us that they need to access public funds while they make a claim for indefinite leave to remain as a victim of domestic violence.

From 1 April 2012 migrants will be able to apply under the Destitution Domestic Violence (DDV) concession.

You can notify the UK Border Agency of your need to access public funds under this policy if:

• you entered the UK or were given leave to remain in the UK as a spouse, civil partner, unmarried or same sex partner of a British Citizen or someone present and settled in the UK; and
• your relationship has broken down due to domestic violence; and
• you do not have the means to access accommodation or to support yourself and need financial help; and
• you are going to make a claim to stay permanently in the UK under the Domestic Violence Immigration Rule (Settlement DV).

Why will I be contacting the UK Border Agency?

You will be telling us that you need a change to your leave to allow you to apply to the Department of Work and Pensions (DWP) for financial help while you make an application to stay permanently in the UK under the Domestic Violence Immigration Rule (Settlement DV).

If we consider you to be in a position to apply for assistance you will be given 3 months limited leave to enable you to stay in the UK with access to benefits.

If you do not need financial help you can apply directly to stay permanently in the UK under the Domestic Violence Immigration Rule (Settlement DV)

Please note that notifications from migrants in any other categories such as work, study, refugees or visitors will not qualify.

Domestic violence helplines

If you are a victim of domestic violence, helplines can give you practical help and advice including:

• emergency refuge accommodation;
• safety planning and advice; and
• translation facilities if you have difficulty communicating in English.

Asylum seekers experiencing domestic violence

You can get help if you are an asylum applicant and you are a victim of domestic violence from your partner or another member of your family.

Following the Migration Advisory Committee report in October 2011 to advise on the 2012-13 annual limit for Tier 2 and associated policies, the government has after careful consideration, announced that:

• The Tier 2 (General) limit will remain at its current level of 20,700 for the next 2 years until April 2014.
• The skill level required by migrants who wish to work in the UK will increase. This means the number of middle-management jobs such as IT technicians and security managers will no longer be open to migrant workers. However, highly-skilled occupations such as architect, teacher or chemical engineer will still be available.
• Additionally, the rules for businesses around advertising highly paid and PhD jobs will be relaxed. This will cut bureaucracy, meaning companies will no longer have to advertise vacancies through JobCentrePlus, where they are unlikely to get applicants for these types of jobs, but will still have to advertise more widely. Furthermore, companies will now be able to select the best candidate for PhD level occupations, even if they require Tier 2 sponsorship.

For the full detail of the changes, please see the statement of intent which was also published today.

These reforms will continue to restrict the ability of lesser skilled workers to enter the county and deny UK residents job opportunities. These changes are key to improving the selectivity of the UK immigration system – ensuring that only the brightest and the best are able to come to the UK and work.

Immigration minister, Damian Green said:

‘The government has been clear that the UK is open for business and our limit has been designed with the industry’s needs in mind.

‘We believe there is no incompatibility between economic growth and controlling migration – our reformed, more selective immigration system can achieve both.’

Prospective workers will still need to have a graduate level job, speak an intermediate level of English and meet specific salary and employment requirements before they are able to work here. Those earning a salary of £150,000 or more will not be subject to the limit.

These changes are part of the government’s radical overhaul of the immigration system. Firm action has already been taken on the student route, settlement and those coming here to work, in order to bring immigration levels back down to sustainable levels and make sure we receive only the brightest and best people. By summer the government will also have made changes to family migration routes.

There are two appeal tribunals, a First-tier Tribunal and an Upper Tribunal. There is an Immigration and Asylum Chamber in each.

The main types of appeals heard by the immigration tribunal are appeals against decisions to:

• refuse a person permission to enter to the UK
• refuse a person permission to remain in the UK
• deport somebody already in the UK
• refuse a person asylum in the UK

If you want to challenge a decision of the UKBA at an immigration appeal hearing, an immigration barrister could greatly strengthen your hand.  Using knowledge and experience developed over many years, our immigration barristers can advise you on how best to prepare your case for a tribunal hearing.  Predicting what an Immigration Judge will decide about an immigration appeal requires experience of having been in court.  Our immigration barristers are specialists at conducting appeal hearings and know how Immigration Judge’s think.

At a tribunal hearing, a well-argued case will impress the Tribunal.  Our immigration barristers’ specialist training in advocacy, legal knowledge and courtroom experience could make a big difference to the outcome of your case.

If your immigration appeal has been dismissed, you will only be able to appeal further if it is possible to identify a material error of law in the determination.  Our immigration barristers have specialist knowledge of immigration law and legal developments.  This means that they are uniquely well placed to identify mistakes of law and draft grounds of appeal.

All our immigration barristers have the right to argue cases in the higher courts.  This means that they can continue to represent you in the Upper Tribunal.

These include changes for migrants coming to the UK under the following routes of the points-based system:

• Tier 1 – high-value migrants.
• Tier 2 – skilled workers, including: new arrangements for students switching into Tier 2 and confirmation that the limit for non-EU skilled workers allowed into the UK will remain at 20,700 for the next 2 years.
• Tier 4 – students.
• Tier 5 – temporary workers.

In addition to these changes the government is also increasing from 6 April, the funds that applicants will need to provide evidence of, in order to meet the maintenance requirements for Tier 4 and Tier 5 (Youth Mobility Scheme). Changes to the level of funds needed for applicants in Tier 1, Tier 2 and Tier 5 (Temporary worker) will come into effect on 14 June.

Changes are also being made to:

• Curtailment (cutting short the leave you have if you fail to start, or have ceased your work or study).
• The visitor rules, with the creation of a new visitor route for permitted paid engagements to allow a small group of professionals, artists, entertainers and sportspersons who are to come to the UK to undertake short-term remunerated activities, for up to 1 month without formal sponsorship.
• The overseas domestic worker routes.
• The extension of leave to remain, so that Tier 2 migrants can now extend for a further 3 years, to take their stay up to a maximum of 6 years in total.

A more detailed summary of the changes can be found in the UK Border Agency news storypublished on 15 March and the news story published on 4 April, when the changes to the rules were laid in Parliament.