14 June 2016 Level 6 IMMIGRATION LAW Subject Code L6-8 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 8 IMMIGRATION LAW * Time allowed: 3 hours plus 15 minutes reading time Instructions to Candidates You have FIFTEEN minutes to read through this question paper before the start of the examination. It is strongly recommended that you use the reading time to read this question paper fully. However, you may make notes on this question paper or in your answer booklet during this time, if you wish. All questions carry 25 marks. Answer FOUR only of the following EIGHT questions. This question paper is divided into TWO sections. You MUST answer at least ONE question from Section A and at least ONE question from Section B. Write in full sentences a yes or no answer will earn no marks. Candidates may use in the examination their own unmarked copy of the designated statute book: Immigration Law Handbook, 9th edition, Phelan and Gillespie, Oxford University Press, 2015. Candidates must comply with the CILEx Examination Regulations. Full reasoning must be shown in answers. Statutory authorities, decided cases and examples should be used where appropriate. Information for Candidates The mark allocation for each question and part-question is given and you are advised to take this into account in planning your work. Write in blue or black ink or ballpoint pen. Attention should be paid to clear, neat handwriting and tidy alterations. Complete all rough work in your answer booklet. Cross through any work you do not want marked. Do not turn over this page until instructed by the Invigilator. * This unit is a component of the following CILEx qualifications: LEVEL 6 CERTIFICATE IN LAW, LEVEL 6 PROFESSIONAL HIGHER DIPLOMA IN LAW AND PRACTICE Page 1 of 8 144604
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SECTION A (Answer at least one question from this section) 1. (a) Analyse the Home Office s policy governing refugee family reunion including the pre-existing family rules. (13 marks) (b) Explain the settlement protection route under the Immigration Rules 339R for a refugee who wishes to settle and naturalise as a British citizen and any key issue to consider for pre-flight family members left behind at the time the refugee fled his or her country of origin. Note: Your answer should include what the principal benefits of the rules are, if any. (12 marks) (Total: 25 marks) 2. (a) UK immigration laws are managed and enforced by different forms of control and personnel. Identify the main forms of immigration control and the personnel responsible. (12 marks) (b) Explain, with reference to the relevant section of the Immigration Rules, the application process and the essential elements that should be considered in making a valid visa application to extend leave to remain in the UK. (13 marks) (Total: 25 marks) 3. Analyse the principle developed in the case of Ruiz Zambrano v Belgium Case C-34/09, the subsequent development of this principle in case law and any resulting amendments to the European Economic Area regulations. 4. Explain the asylum process and the practice that must be followed when an asylum seeker makes a claim for asylum. Note: Your answer should include the period of leave that will be granted on a successful application and the appeal deadlines if a claim is refused. Page 3 of 8 Turn over
SECTION B (Answer at least one question from this section) Question 1 Kunle is a student from Nigeria. He was granted a Tier 4 visa to study a degree in Computer Science at the University of Ancoat in the UK. His visa is due to expire in six months. Kunle intends to make an application to extend his visa before it expires. Kunle was arrested yesterday in an immigration raid at a Nigerian restaurant where he worked as a chef. His friend, Chinedu, at the university introduced him to the work. Chinedu has been working as a cleaner in the restaurant for a long time and is also in the UK on a Tier 4 visa. Chinedu was not arrested. Kunle has not been charged with any criminal offence. The allegation against Kunle is that he has been working in breach of his Tier 4 visa. Kunle heard the Immigration Officer saying that he would be sent back to Nigeria. The restaurant has been under investigation for tax fraud and employing illegal workers. Kunle states that he was working for the restaurant for 12 hours per week. He denies any knowledge of fraud or illegal working. The Immigration Officer said he thought Kunle was working full-time because it was not possible to work 12 hours in a very busy restaurant with limited staff. Kunle disputes this and denies working for more than 12 hours per week. Kunle had passed his initial examinations at the University. However, in the last few weeks, Kunle has failed to attend many lectures and he has received a warning letter from his University. The Immigration Officer found this warning letter in Kunle s possession. The Immigration Officer said that Kunle should be removed, from the UK, because the Officer had enough evidence to prove that Kunle was not fulfilling the Tier 4 student rules and should be removed. Kunle is very worried that he will be removed to Nigeria and prevented from completing his course after all the time and hard work he has put into studying and the money his parents have spent supporting him. Advise Kunle on the legal basis for issuing removal directions, the issues arising in this case, and what steps you need to take to represent him if removal directions are issued. Page 4 of 8
Question 2 You are approached by Arun, who has naturalised as a British citizen. He lives and works as a manager in Ascos Supermarket in York. He has worked in Ascos for two years and earns 22,000 per annum. Arun is 30 years old and of Indian origin but was born in Dubai. He has lived in the UK for more than 10 years. He has recently married his Indian partner, Savita, in India. She is 26 years old and works and lives in Dubai. Savita recently completed a postgraduate degree in International Relations, taught in English, at the University of Duka in Dubai. The couple wish to live together in the UK, since Arun s parents, siblings and work are currently based in the UK. The couple are expecting their first child in five months time. Arun lives in a three-bedroomed house, which he rents from a private landlord. Arun would like his wife to apply, for a visa, from Dubai to join him in the UK. Advise Arun on how Savita can show that she meets the requirements of the Immigration Rules. Turn over Page 5 of 8
Question 3 Jeremy is 28 years old and he is a Guyanese citizen. He lives in Georgetown, Guyana with his wife and three-year-old daughter. Jeremy has always been interested in dance since he was a child. He started with freestyle dance before going on to do his own choreography. Jeremy is known internationally for his skill and finesse as a dancer. He has performed in some of the world s greatest companies, including Australia Opera House, Paris Royal and American Northern Ballet. As well as being a skilful dancer and choreographer, Jeremy has written a very successful autobiography, which has proved to be an international bestseller. Jeremy has savings of up to 10,000, which has been in his bank account for the last 90 days. This is income he has received from the sale of his autobiography. Jeremy has travelled to various countries in the world, excluding the UK, captivating audiences with his unique and mesmerising performances. Jeremy is highly skilled and wants to come to the UK to work, but not on a permanent basis. He has been applying for jobs as a dancer and choreographer through an international recruitment agency, Danceco. Danceco is based in Georgetown, Guyana and is the official recruiting agent for English Opera House. English Opera House is based in Leeds and is currently a fully approved ( Arated ) UK licence sponsor. English Opera House is keen to employ Jeremy because of his talent and unique contribution to the creative industry. Two weeks ago, English Opera House offered Jeremy a job for up to 12 months as a dancer and choreographer. English Opera House also informed Jeremy that although he is talented in his field, he will not be endorsable as a leader or emerging leader by any Designated Competent Body in the UK. Jeremy is very excited at the prospect of working in English Opera House and relocating to the UK with his family. It is likely that Jeremy will seek to take up a second job when he settles in the UK. There may be an opportunity to extend his contract at the end of 12 months if he impresses his employer. (a) Identify what application Jeremy should make and the eligibility criteria. (8 marks) (b) Advise Jeremy on what issues he should consider in making a successful application. (17 marks) (Total: 25 marks) Page 6 of 8
Question 4 Najeeb s father met and got married to Najeeb s mother during his holiday in Goa, India in 1973. Najeeb s father became a British citizen by registration in the UK in 1976. Najeeb s mother is not a British citizen. In 1977, Najeeb was born in Christ Church Maternity Hospital in Goa. Najeeb came to the UK in 1982, when he was five years old, and has lived in the UK since this time. He is studying medicine at the University of Ardwick in Manchester. In 1997, Najeeb travelled to Goa on holiday, where he met and got married to Meghana. Meghana is an Indian citizen, and was living and working in Goa before she applied for a visa to join Najeeb in the UK. While she was waiting for her visa, their first child, Sunil, was born in Goa on 15 November 1998. Both Meghana and Sunil joined Najeeb in the UK in 1999. On 3 December 2000, Rejin, their second son, was born in Ancoat Royal Hospital in Manchester. Advise Najeeb on whether Sunil and Rejin are British citizens. End of Examination Paper 2016 The Chartered Institute of Legal Executives Page 7 of 8
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