header-logo header-logo

Immigration Rules overhaul

22 January 2019
Issue: 7825 / Categories: Legal News , Immigration & asylum
printer mail-detail

The Law Commission has proposed a major refit of the UK’s Immigration Rules, which it says are complicated and difficult to follow.

The overhaul would not affect any substantive policy but would focus on how the Rules are drafted and presented: for example, removing unnecessary repetition, providing a less confusing structure and using clearer language. It asks for views, in a consultation launched this week, on making the Rules less prescriptive by creating shorter, more general Rules supported by guidance that is illustrative only in order to give more discretion to caseworkers.

Since 1973, the Rules have grown from 40 pages to about 1,100 pages. Their complexity, the Commission says, adversely affects not only applicants themselves but also Home Office caseworkers who must put them into practice.

Law Commissioner for Public Law, Nicholas Paines QC, said: ‘As the Immigration Rules have become longer, more detailed and more specific, they’ve also become more complicated and harder to follow for applicants.

‘The Home Office has asked us to help put things right. Our proposals would introduce clearer language, and improve the presentation of the Rules so they’re easier to understand and follow.’

According to the Law Commission, one problem is that the Home Office has pursued a policy of making the Rules more prescriptive and therefore more transparent in recent years. Unfortunately, however, this has made the Rules longer, more complicated and harder to follow. Consequently, applicants may find it necessary to seek expensive legal advice in order to navigate the system.

Its proposals include taking a uniform, standardised approach to the wording, headings, definitions and section numbering; removing overlapping provisions; and investigating whether adding hyperlinks, signposting and interactive tools could help applicants.

The consultation, Simplifying the Immigration Rules, closes on 26 April.

Issue: 7825 / Categories: Legal News , Immigration & asylum
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll