The UK Border Agency (UKBA) has revised its Tier 1 (Exceptional talent) guidance.
This guidance should be used when making an application under the Tier 1 (Exceptional talent) category. You can find the revised guidance (version 10/2012) in the Tier 1 (Exceptional talent) section of the UKBA website.
Also new from UKBA is guidance to its caseworkers on how to handle applications for leave affected by the Supreme Court judgment in Alvi. The guidance also covers how to handle challenges to decisions based on the Alvi judgement.
You can read the 22-page Alvi judgement – how to handle cases on the UKBA website.
The following is a UKBA summary of the approach it will take:
Any application outstanding at the time the changes to the rules made on 19 July and 5 September came into force will be decided on the basis of the rules in force at the time of decision.
The UK Border Agency will not reconsider cases which were decided before the judgment where the time for bringing an appeal or judicial review has expired.
Any case which is currently subject to appeal or judicial review proceedings, or in which the time for bringing an appeal or judicial review has not yet expired, will be considered in line with the judgment on the individual circumstances of the case.
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