Following the Court of Appeal judgement in the Secretary of State for the Home Department v Pankina and others EWCA Civ 719 the UKBA issued its policy document detailing how it proposes to give effect to the judgement on 23 July 2010. The UKBA responded immediately by incorporating the requirement to have held the necessary funds for the requisite period into the immigration rules using the emergency statutory instrument procedure.

Penningtons Solicitors LLP has now successfully represented many clients in their applications for a review of the UKBA decision refusing their applications under the maintenance requirement.

The policy document provided that only those individuals listed below would benefit:

  1. Those who applied for further leave to remain under tiers 1, 2, 4 and 5 of the points based system (PBS), including dependants and:
    1. applied up to and including 22 July 2010;
    2. were refused on maintenance (funds) only; and
    3. are lawfully in the United Kingdom at the time of requesting reconsideration;
  2. those who applied for entry clearance under tiers 1, 2, 4 and 5 of PBS, including dependants and:
    1. applied between 23 June and 22 July 2010 (inclusive); and
    2. were refused on maintenance (funds) only.

The instructions do not apply to migrants who applied for either entry clearance, or leave to remain on or after 23 July 2010. Those applications will be considered under the new rules laid before Parliament on 22 July (which became law on 23 July 2010).