Treasury solicitors confirmed on 20 July that the Secretary of State will not be appealling Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719 to the Supreme Court.
I understand from members that UK Border Agency staff various both in and out of the UK have apprised them of the following interim guidance pertaining to Pankina in the following terms:
As per the Interim Instructions received by us, the applicants under PBS routes are required to demonstrate that they hold the required level of funds on one day during the one month period prior to the date of application. The said interim instructions are applied at PEO until we receive any further instructions in this regard.
For example, if an application was made by a Tier 1 (Post Study Work) migrant with no dependants on 12 July 2010, a single bank statement with a closing balance of £2,800 dated between 12 June and 12 July 2010 will meet the maintenance requirements. In this example where the application was made on 12 July, the bank statement must not be more than a month prior (so any statement dated before 12 June 2010 will not be acceptable).
I have asked Mr Bernard Evans who is leading on writing guidance for the UK Border Agency about this and to ensure that it is properly publicised: it is unfair if ILPA members know of it and others do not.
Alison
Alison Harvey
General Secretary
Immigration Law Practitioners' Association
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