CILEx Level 6 Unit 08 Immigration Law
CILEx Level 6 Unit 08 Immigration Law - £540
This is a course set at the equivalent to honours-degree level and will give you an in-depth knowledge of the law relating to immigration in England and Wales.
Who is the course for?
The course is for:
- Associate Members of CILEx using this course as one of their three Level 6 law units to achieve Graduate Membership of CILEx
- any Graduate Member of CILEx or Chartered Legal Executive wishing to fulfil the Solicitors Regulation Authority's academic stage of training, using this subject as the elective subject
- any qualified lawyer or paralegal wishing to re-train to move to immigration law work.
What qualification will I get?
Success in the course will lead to the award of a CILEx Level 6 Single Subject Certificate in Immigration Law which is a standalone qualification but can also contribute to the CILEx Level 6 Professional Higher Diploma in Law and Practice.
What will I learn?
The course delivers the CILEx syllabus for this unit. Please click on the link to see the syllabus content expressed in terms of broad learning outcomes as well as the detailed knowledge, understanding and skills that are delivered by the course. ITC publishes a course manual every year to deliver the CILEx syllabus and the table of contents (2011 edition) is reproduced below. You can also view sample pages from the course manual.
Chapter 1: Introducing Immigration Law
1.1 Introduction
1.2 Historical summary
1.2.1 Aliens
1.2.2 Controls on Commonwealth citizens
1.2.3 The Immigration Act 1971
1.3 Sources of immigration law
1.3.1 Statute law
1.3.2 The immigration rules
1.3.2.1 Nature of immigration rules
1.3.3 European Union law
1.3.4 Other international treaties and obligations
1.3.4.1 Effect of incorporation of ECHR
1.3.5 Home Office policy and practice
1.3.6 Decisions of the courts and the Immigration and Asylum Chambers of the First-tier and Upper Tribunal
1.3.7 Resources
1.4 Key concepts of immigration law
1.4.1 The right of abode
1.4.2 Settlement in the UK
1.4.3 Leave to enter or remain
1.4.4 The common travel area
1.4.5 Public funds and immigration
1.4.6 Housing and immigration
1.4.7 European Economic Area (EEA) Nationals and public funds
1.5 Developments and new legislation
Chapter 2: British Citizenship and the Right of Abode
2.1 Introduction
2.2 The position before the British Nationality Act 1981
2.2.1 Becoming a CUKC on commencement of the British Nationality Act 1948
2.2.2 Acquiring CUKC status after commencement of the British Nationality Act 1948
2.2.3 Immigration Act 1971 – patrials and the right of abode
2.3 Becoming a British citizen on commencement of the British Nationality Act 1981
2.4 CUKCs who did not have the right of abode
2.4.1 BDTCs and the British Overseas Territories Act 2002
2.4.2 BOCs
2.5 Becoming a British citizen after 1 January 1983
2.5.1 Becoming British by birth
2.5.2 Effect of adoption in the UK
2.5.3 Becoming British by descent
2.5.4 Registration and naturalisation
2.5.4.1 Naturalisation on the basis of residence
2.5.4.2 Naturalisation on the basis of marriage
2.5.4.3 Further conditions
2.6 Exceptions
2.7 Other categories of British nationality
2.8 The right of abode and non-British nationals
2.8.1 Right of abode on basis of a parent’s birthplace
2.8.2 Right of abode on basis of marriage
2.8.3 Polygamous marriages and the right of abode
2.8.4 Proof of right of abode
2.8.5 Illegitimate children
2.9 Loss of British citizenship
2.9.1 Renunciation and resumption
2.9.2 Deprivation
2.10 Illustrative examples
2.11 Proving British citizenship
Chapter 3: The Machinery of Immigration Control
3.1 Introduction
3.2 The entry clearance system
3.2.1 What is an entry clearance?
3.2.2 The different kinds of entry clearance
3.3 Visa nationals
3.3.1 Some examples
3.4 Applying for entry clearance
3.4.1 Consideration of the entry clearance application
3.4.2 Validity and effect of entry clearance
3.4.2.1 Entry clearance on its own
3.4.2.2 Entry clearance as leave to enter
3.5 Other forms of control before entry
3.5.1 Proof of the right of abode
3.5.2 Carriers’ liability
3.5.3 Grant and refusal of leave to enter before arrival
3.5.4 Juxtaposed controls
3.6 Control on entry
3.6.1 Examination of passengers
3.6.2 Leave to enter and refusal of leave
3.6.2.1 Passengers with entry clearance
3.6.2.2 Refusal of entry clearance or leave to enter
3.6.2.3 Passengers with entry clearance that has effect as leave to enter
3.6.2.4 Procedure for refusal of entry
3.6.2.5 Granting leave to enter
3.6.3 Conditions of entry
3.6.3.1 Time limit and employment restrictions
3.6.3.2 Registration with the police
3.6.3.3 Notice of time limit and conditions of entry
3.6.4 Removal powers
3.7 Control after entry
3.7.1 Variation of leave to enter
3.7.2 Applying for variation
3.7.2.1 Effect of application on time limit
3.7.3 Considering applications for variation
3.7.3.1 General considerations
3.7.3.2 Switching
3.7.4 Curtailment of leave
3.7.5 Revocation of leave to enter or remain
3.7.6 Procedural requirements
3.7.7 Settlement: additional requirements
3.8 Race discrimination
3.8.1 Extent of the provisions
3.9 Detention and bail
3.9.1 Temporary admission
3.9.2 Bail: procedure and general principles
Chapter 4: European Economic Area Nationals and British Immigration Law
4.1 Introduction
4.2 Direct effect of European Community law
4.3 The rights of free movement
4.3.1 EU workers
4.3.2 Business and self-employment
4.3.3 Provision and receipt of services
4.3.4 Third-country nationals
4.3.5 Free movement for those who are not economically active
4.3.6 Free movement of family members
4.3.7 Rights of family members following death, departure or termination of relationship
4.3.8 Parents of children exercising Treaty rights
4.4 Residence cards
4.4.1 Permanent residence
4.5 Free movement and family members of British citizens
4.6 Restricting rights of free movement
4.6.1 UK interpretation
4.6.2 Procedural protections
4.6.3 Remedies
4.7 The Immigration (European Economic Area) Regulations 2006
4.7.1 Family members under the Immigration (European Economic Area) Regulations 2006
4.7.2 Restrictions under the Immigration (European Economic Area) Regulations 2006
4.7.3 Other provisions
4.8 New entrants to the EU
4.8.1 Bulgaria and Romania
4.9 Community law and non-EEA nationals: association agreements
4.9.1 Co-operation agreements
4.10 Future developments
4.11 Concluding remarks
Chapter 5: Admission for Temporary Purposes: Visitors and Others
5.1 Introduction
5.2 General visitors
5.2.1 The criteria for admission
5.2.1.1 Entry clearance for visitors
5.2.1.2 Purpose of entry
5.2.2 Intention to leave
5.2.3 Recourse to public funds
5.2.4 Conditions of entry
5.3 Other visitors
5.3.1 Child visitors
5.3.2 Business visitors
5.3.3 Sports visitors
5.3.4 Entertainer visitors
5.3.5 Visitors coming for private medical treatment
5.4 Visits for other specific purposes
5.5 Transit visas
5.6 The after entry rules
5.7 Prospective students
5.7.1 Other short-term student categories
Chapter 6: Points-based System: Students, Employment and Self-Employment
6.1 Introduction
6.2 Exceptions – non-points-based system employment
6.2.1 Domestic workers in private households
6.3 Points-based system: how does it work?
6.3.1 Sponsorship
6.3.2 Structure of the rules
6.4 Tier 1 (General) Migrants
6.4.1 Tier 1 (Entrepreneur) Migrants
6.4.2 Tier 1 (Investor) Migrants
6.4.3 Tier 1 (Post-Study Work) Migrants
6.4.4 Leave to remain, switching and settlement
6.5 Tier 2
6.5.1 Tier 2 (General) Migrants and Tier 2 (Intra-Company Transfer) Migrants
6.5.2 Tier 2 (Minister of Religion) Migrants
6.5.3 Tier 2 (Sportsperson) Migrants
6.5.4 Leave to remain, switching and settlement
6.6 Tier 4
6.6.1 Tier 4 (General) Students
6.6.2 Tier 4 (Child) Students
6.6.3 Leave to remain, switching and settlement
6.7 Tier 5
6.7.1 Tier 5 (Youth Mobility Scheme) Temporary Migrants
6.7.2 Tier 5 (Temporary Worker) Migrants
6.7.3 Leave to remain, switching and settlement
6.8 Family members
6.9 Table of changes
Chapter 7: Admission of Spouses, Civil Partners, Fiancé(e)s and Unmarried Partners
7.1 Introduction
7.2 Criteria for the admission of spouses and civil partners
7.2.1 Proving the marriage ceremony
7.2.2 Problems with the validity of a marriage
7.2.2.1 Examples
7.2.2.2 Proof of domicile
7.2.3 Intention to live together and marriage subsisting
7.2.4 The parties must have met
7.2.5 Recourse to public funds
7.2.5.1 Accommodation
7.2.5.2 Maintenance
7.2.6 The age limitation
7.2.7 Conditions of entry
7.3 Admission of unmarried or same-sex partners
7.3.1 Conditions of entry
7.4 Admission of fiancé(e)s
7.4.1 Conditions of entry
7.5 Control after entry
7.5.1 Spouses and partners: removal of time limit
7.5.2 Special provisions
7.5.3 Persons admitted for a limited period
7.5.4 Marriage Regulations
7.5.5 Extension of stay after marriage
7.6 Reporting suspicious marriages
Chapter 8: Admission of Children and Other Relatives
8.1 Introduction
8.2 General requirements for admission
8.3 Admission of children
8.3.1 Where both parents are in the UK
8.3.2 Children joining one parent
8.3.2.1 Sole responsibility
8.3.2.2 Exclusion undesirable
8.3.3 Admission of adopted children
8.3.3.1 Reasons for adoption
8.3.4 Children over 18
8.3.5 Children born in the UK who are not British citizens
8.4 Miscellaneous rules
8.4.1 Parents exercising rights of access
8.4.2 Admission of children for the purpose of adoption
8.5 Other relatives
8.5.1 Criteria for admission
8.6 Conditions of entry
8.7 Control after entry
8.8 Support and accommodation
Chapter 9: Refugees and Asylum
9.1 Introduction
9.2 Definition of refugee
9.2.1 Stateless persons
9.2.2 Outside the country of persecution
9.2.2.1 Essential elements
9.2.2.2 Nationality issues
9.2.3 Persecution
9.2.3.1 Past persecution
9.2.3.2 Persecution and state protection
9.2.4 RC 1951 reason
9.2.5 Refugee sur place
9.2.6 Fear of persecution: the subjective and objective tests
9.2.7 Standard of proof
9.2.8 Internal relocation
9.3 Protection, exclusion and cessation
9.3.1 Art 1F
9.3.2 Art 33(2)
9.3.3 Certificates
9.3.4 Art 1C
9.4 Illegal entry and refugees
9.5 Refugees and the immigration rules
9.6 Determining refugee status – the asylum process
9.7 Safe third countries
9.7.1 Lists of safe countries
9.7.2 Applying the statutory provisions
9.7.3 Dublin Convention
9.8 Granting asylum
9.8.1 Family reunion
9.9 Other forms of protection
9.9.1 Humanitarian protection under the Qualification Directive
9.9.2 Humanitarian protection policy
9.9.3 Discretionary leave
9.10 Further EU measures
9.10.1 Temporary Protection Directive
9.11 Asylum-seekers, benefits and work
Chapter 10: European Convention on Human Rights
10.1 Introduction
10.2 Incorporation
10.3 Relevant articles
10.3.1 Exceptions, derogations, reservations
10.4 Art 2
10.5 Art 3
10.5.1 Torture
10.5.2 Inhuman or degrading treatment or punishment
10.5.3 Absolute nature of Art 3
10.5.4 Breach of Art 3 by conditions on return
10.5.5 Standard of proof
10.5.6 Art 3 ECHR compared with Art 1A RC 1951
10.6 Art 5
10.7 Art 6
10.8 Art 8
10.8.1 Consideration of Art 8
10.8.2 Deportation of criminal offenders and Art 8
10.8.3 Private life
10.8.4 Private life in expulsion cases
10.8.5 Art 8 in entry clearance cases
10.9 Art 14
10.10 Other articles
10.11 Jurisdiction
10.12 The effect of successful ECHR claims
Chapter 11: Returning Residents and Other Categories of Admission or Residence
11.1 Introduction
11.2 Returning residents
11.2.1 Absence of more than two years
11.2.2 Exceptions to the two-year rule
11.2.3 Re-acquiring indefinite leave after admission for a temporary period
11.2.4 Passengers returning within currency of limited leave
11.3 British passport holders subject to immigration control
11.3.1 The right to re-admission
11.4 Settlement for others with long residence
Chapter 12: Administrative Removal, Deportation and Illegal Entry
12.1 Introduction
12.2 Administrative removal and deportation defined
12.3 Immunity from deportation
12.3.1 s7 immunity
12.3.2 British passport holders without the right of abode
12.3.3 European Economic Area nationals
12.4 Administrative removal
12.4.1 Overstaying and breach of conditions
12.4.2 Leave obtained by deception
12.4.3 Other bases for removal
12.4.4 Considerations before removal
12.5 Deportation
12.5.1 Conducive to the public good – political and security cases
12.5.2 Non-political public good deportations
12.5.3 Deportation following a court recommendation
12.5.3.1 Who may be recommended for deportation?
12.5.3.2 The discretion to recommend deportation
12.5.3.3 Implementation of the recommendation for deportation
12.5.3.4 Where no recommendation is made by the court
12.5.4 Exercise of discretion not to deport
12.5.5 Automatic deportation
12.6 Family members
12.7 Procedures
12.7.1 Revocation of deportation orders
12.7.2 Detention pending deportation
12.8 Illegal entry
12.8.1 Definition of illegal entrant
12.8.2 Clandestine entry
12.8.3 Entry without leave
12.8.4 Entry by deception
12.8.5 The standard of proof where entry by deception is alleged
12.9 Procedure in illegal entry cases
Chapter 13: Immigration Offences
13.1 Introduction
13.2 Illegal entry and entry by deception
13.2.1 Entering the UK without a passport
13.3 Third-party offences
13.3.1 Assisting unlawful immigration
13.3.2 Helping asylum-seekers to enter the UK
13.3.3 Assisting entry in breach of a deportation or exclusion order
13.3.4 Forfeiture
13.4 Trafficking offences
13.5 Overstaying and breach of conditions
13.5.1 Overstaying
13.5.2 Breach of conditions
13.6 Offences in connection with the administration of the immigration legislation
13.7 Defences
13.8 Employer offences
13.9 Other provisions
Chapter 14: Immigration Appeals and Other Remedies
14.1 Introduction
14.2 Main features of the appeals system
14.3 Legislative framework
14.3.1 Decisions which attract a right of appeal
14.3.2 Refusal of leave to enter the UK
14.3.3 Refusal of entry clearance
14.3.4 Variation of leave to enter or remain
14.3.5 Ineligibility
14.3.6 Other rights of appeal
14.3.7 National security
14.4 Grounds of appeal
14.4.1 Jurisdiction
14.4.2 Powers of the First-tier and Upper Tribunal
14.5 Non-suspensive and fast track appeals – certified claims
14.5.1 Clearly unfounded claims
14.5.2 Safe third country cases
14.5.3 Other certificates
14.6 Race discrimination appeals
14.7 Time limits for appealing
14.8 Procedure on appeal
14.8.1 Appeal documents
14.8.2 Evidence in immigration appeals
14.8.3 The appeal hearing
14.8.4 Additional provisions
14.9 Review of decisions of the FTIAC
14.9.1 Further appeals
14.9.2 The role of judicial review
14.9.3 The scope of judicial review
14.10 Appeals diagram
14.11 The role of representations by Members of Parliament
14.12 Special Immigration Appeals Commission
Application
Download: CILEx courses application form 2011-12.pdf
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