HC 194 Statement of Changes in Immigration Rules

[transpondia-2011]

The Statement of Intent published last week is no longer the controlling reference document for the rules to become effective 9 July 2012.

HC 194 is...

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The HC prefix indicates that the changes were laid during session.

Note also that I now have *confirmed* reports that HOPO's are implementing the new Article 8 arguments as of this morning. Appellants relying upon Article 8 with hearings this week and next week are going to be cold cocked unless they revise their strategies. Or unless the HOPO decides to throw the case...

[geriatrix]

The Statement of Intent published last week is no longer the controlling reference document for the rules to become effective 9 July 2012.

Statements of intent are never a "controlling reference document" for changes to immigration rules. They are just what the name suggests - a statement of intent. They are, however, a key reference document for drafting the statements of changes in immigration rules.

HC194 was published a week ago, so you are a bit late in advertising it.

[transpondia-2011]

Please help educate us.

The difference between 'controlling reference document' and 'key reference document'?

[geriatrix]

Changes detailed in statement of changes in immigration rules can also include changes not mentioned in a statement of intent and/or include changes without a statement of intent ever being drafted.

[transpondia-2011]

Thanks, which of these is currently the more relevant?

[geriatrix]

Both remain relevant.

View the "statement of intent" as a summary and "statement of changes in immigration rules" as a document that details the specific changes being made to the various paragraphs of the immigration rules to implement the changes summarized in "statement of intent" and also other changes (not included in statement of intent).

[transpondia-2011]

Thanks for your help!

Which one of these documents was under debate yesterday in the House of Commons and referenced in today's Hansard?

[geriatrix]

Why do you think a "document" was being debated and not the changes to immigration rules?

[transpondia-2011]

Sorry, it's my poor English and I'm still learning...

When Teresa May said...

"With the changes that I am making, there will generally be no need for a separate assessment of article 8 beyond the requirements set out in the immigration rules."

...which document might she have been referring to? The Statement of Intent? Or the Statement of Changes in Immigration Rules?

[geriatrix]

...which document might she have been referring to?

The reference is not any document(s), but changes.

"With the changes that I am making, there will generally be no need for a separate assessment of article 8 beyond the requirements set out in the immigration rules."

Not sure what you are trying to get at/to?

[transpondia-2011]

Not sure what you are trying to get at/to?

I'm just trying to learn and improve my English. You have pointed out that Teresa May was not referring to a document, but rather to changes in the rules.

When and how might these changes be prescisely enumerated in such a way that they would control what is to be written in the guidance, and more importantly, control various decision-making processes after 9 July?

[Greenie]

Sorry but what is the point of your thread exactly? We are well aware that the changes to the rules are set out in the statement of changes, which, as pointed out at the beginning of the thread, were published and laid before parliament last week. The statement of changes has been the subject of discussion on this forum since. Do you have anything else to contribute on the subject?

[transpondia-2011]

I am seeking to call attention to the fact that a substantive progression into law took place yesterday, which was the first time that the changes had received the sight of Parliament. Since the act of publishing something and placing it in the House library in no way indicates that a law has been enacted, the Statement of Changes in Immigration Rules has acquired a new status, and accordingly yesterday's debate is significant.

Hopefully this would invite those who have been linking to the Statement of Intent to link to the changes document instead. Having said that, I would also hope to follow up with the appropriate link to the Hansard. This is...

http://www.publications.parliament.uk/p ... 1972000001

Additionally, the Standard Note was not published until 18 June, and this can be found at...

http://www.parliament.uk/briefing-papers/SN06355

As to the remainder of your question, the thread has been largely devoted to answering the discourse triggered by 'sushdmehta'. I, like many others, benefit from such discourse because it is didactic in nature, both in form and content...

[transpondia-2011]

Now adding on that amidst all the faldeera and faffing about, the Immigration Directorate's Instructions (IDI's) have been quietly updated.

It must have been earlier today or late last night.

[transpondia-2011]

A document dated 13 June, but only recently visible, is entitled...

IMMIGRATION RULES ON FAMILY AND PRIVATE LIFE (HC 194)

GROUNDS OF COMPATIBILITY WITH ARTICLE 8 OF
THE EUROPEAN CONVENTION ON HUMAN RIGHTS

This document purports to explain the rationale for asserting that the immigration rules are compatible with Article 8.

A must read for those giving advice, either professionally or via the net...

http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

[transpondia-2011]

They announced a change of plan yesterday: Deps of fast-track T1's will NOT be accelerated. Now agreed to be an oversight. There may yet be another Statement of Changes, but it will NOT correct this oversight.

[transpondia-2011]

Amendments to the Crime and Courts Bill which affect Family Visitors were just laid about an hour ago...

http://www.publications.parliament.uk/p ... 04-via.htm

This will, presumably, slow things down a bit...