Tier 5 – Youth Mobility Scheme


Health charge for temporary migrants will increase to £400 a year

Health charge for temporary migrants will increase to £400 a year

The government plans to double the immigration health surcharge paid by temporary migrants to the UK. The annual charge is paid by people from outside the European Economic Area (EEA) who are seeking to live in the UK for 6 months or more to work, study or join family.

The surcharge will rise from £200 to £400 per year. The discounted rate for students and those on the Youth Mobility Scheme will increase from £150 to £300.

This increase is justified by the Department of Health and Social Care (DHSC) on the ground that the Department estimates that the NHS spends £470 on average per person per year on treating surcharge payers.

There is no timetable at the moment because the change is “subject to parliamentary time and agreement”. The Immigration Health Surcharge will increase but not for now.



Mandalia v SSHD [2015] UKSC 59

The case Mandalia v Secretary of State for the Home Department [2015] UKSC 59 can be pivotal example in regards to whether the Presenting Officer has a duty to apply evidential flexibility or it is just a mere power. In this case, the Court of Appeal said: “power”, however, the Supreme Court said: “a duty”.

From August 2009, evidential flexibility was embraced, which allows applicants to repair the deficit in their evidence or correct minor errors in applications for Tier 1, 2, 4 and 5 main and dependent applicants.

The flexible process instruction falls into 19 steps, four of which relevant to the above mentioned case, which the caseworker has to undertake when there is missing evidence or minor errors in the application:

  1. It needs to be identified whether there was missing evidence, if yes the caseworker must proceed to step two;
  2. It needs to clarified whether the application would be refused even if the missing evidence was rendered, if no, the caseworker must proceed to step three;
  3. The caseworkers request for additional documents in certain circumstances, where they are assured that the missing evidence exists, e.g. listed in Annex A (not exhaustive);
  4. In step four, the caseworker is to discuss the uncertainty with his line manager. Benefits should be counted towards the applicant if the line manager has reasonable grounds to believe that the missing evidence exists or even unsure, thus the evidence should be requested in step five by contacting the applicant.

It was held that the Home Office’s refusal was unlawful as there was not any attempt firstly to invite Mr Mandalia to correct minor error specifically to repair the deficit in his evidence. Therefore, the court should allow this appeal, and annul the refusal of Mr Mandalia’s application.


Biometric Residence Permit (BRP) new rules

From this year, entry clearance applicants will be issued a Biometric Residence Permit, which must usually be collected within 10 days of arrival in the United Kingdom.

Applicants affected

Individuals applying for Naturalisation as a British Citizen, an EEA Residence Card and EEA Permanent Residence must also now have their biometrics taken. The biometrics will be used to issue a biometric card as a form of UK visa.

Send A Message to Khayrullo Abdullaev

Send A Message to Zareen Haque

Send A Message to Julie Kieffer

Send A Message to Pam Barar