Satisfying the Immigration Rules enough for Article 8 success
1 June 2018
1 Comment
The test for an Article 8 claim to stay in the UK within the Immigration Rules is whether there are “insurmountable obstacles” to continuing family
The test for an Article 8 claim to stay in the UK within the Immigration Rules is whether there are “insurmountable obstacles” to continuing family
The ill-treatment of Commonwealth soldiers may no longer make headlines, but scandalously high immigration fees are depriving many of those who have served this country
In Ribeli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611, the Court of Appeal reaffirmed the “rigorous and demanding” nature of the adult dependent relative
Making an immigration application for clients is all in a day’s work, but working on your own wife’s visa is enough to reduce even an
A Statement of Changes in Immigration Rules HC309 was laid yesterday, 7 December 2017. This note does not aim at detailing all the changes, instead
Hearty congratulations from all of us at Free Movement to the former army officer and UN charity worker who are due to marry next year. But
An ex-soldier who struggles to walk, speak or perform basic household tasks following a stroke has been told that he must look after his children
This week the story of Dan Newton and his family has hit the newspapers. This post explains why the Home Office has acted as it
A couple can enter into a “marriage of convenience” even if they are in a genuine relationship. This was, in summary, the finding of the
On 20 July 2017 the Home Office published changes to the Immigration Rules intended to give effect to findings made by the Supreme Court in
The Supreme Court has handed down its judgement in the case of Sadovska and another (Appellants) v Secretary of State for the Home Department (Respondent) (Scotland)
In W v SSHD [2017] EWHC 1733 (Fam) (07 July 2017) a married couple resident in the UK on a Tier 2 visa attempted to
Now that the election manifestos have been officially published we have an indication what Labour and Conservative have planned for EU nationals living in Britain.
The Court of Appeal has dismissed the challenge brought by campaign group Britcits to the restrictive Immigration Rules on the admission to the UK of
In Butt v Secretary of State for the Home Department [2017] EWCA Civ 184 the Court of Appeal considers the weight to be given to the relationship
In linked judgments in the case of MM and others v Secretary of State for the Home Department [2017] UKSC 10, known to many as
The Chief Inspector of Borders and Immigration has published a new report on the Home Office approach to sham marriages. The report is critical of
The Home Office has reviewed operation of the cruel Immigration Rules for Adult Dependent Relatives such as parents or grandparents introduced in July 2012. They
Statement of Changes to the Immigration Rules HC667 was laid yesterday, 3 November 2016. The document weighs in at 90 pages but many of the
New Home Office guidance on Marriage Investigations has been published. Formally, it is Chapter 30 of the Enforcement Guidance and Instructions. The purpose of the
In a decision of 27 May 2016, the Inner House of the Court of Session held that excluding the spouses of refugees from the so-called
The President of the Upper Tribunal, Mr Justice McCloskey, has allowed on human rights grounds the appeal of the mother and brother of a refugee
The challenge by organisation Britcits to the virtual prohibition on the entry of adult dependant relatives introduced in 2012 has been dismissed: R (on the application
A new set of Immigration Rules has been laid in Statement of Changes HC877. The changes take effect on 6 April 2016. You can access
This text is based on a talk given by Sonel on 24 February 2016 at an ILPA event on family immigration law. Since 2012, family
First of all, the official headnote to Muhandiramge (section S-LTR.1.7) [2015] UKUT 675 (IAC) (20 November 2015): Where an application for leave to remain in
President McCloskey certainly isn’t wrong when he says of the immigration rules on human rights introduced in 2012: These provisions of the Rules have generated
The Court of Appeal has reiterated that the burden of proof for proving whether a marriage is a sham for immigration law purposes rests with the
The Supreme Court has dismissed the challenge brought against the introduction of pre-entry English language testing for spouses seeking to enter the UK as the
Major changes to the Immigration Rules affecting refugees, Tiers 1, 2 and 5, EEA nationals sponsoring family members under the Immigration Rules, visitors, applications for
Last week the Children’s Commissioner for England released a study into the impact of the Coalition Government’s new family immigration rules, introduced in 2012. The
The Court of Appeal turns its attention to the admission of family members outside the requirements of the Immigration Rules in the case of Secretary
With the Children Act 1988, the language of “access” and “custody” was abandoned in family law, and with good reason. The language was suggestive of
Filmmaker Don McVey has put together an excellent documentary on the spouse minimum income rule and the devastating effect it is having on affected families
On 25 November 2014, Minister for Immigration and Security, James Brokenshire, said: The new Immigration Act enables us to take tougher action to crack down on
The case of Sultana and Others (rules: waiver/further enquiry; discretion) [2014] UKUT 540 (IAC) (12 November 2014) involved refusals of entry clearance for a spouse
UPDATE: see report of Supreme Court judgment here. The judgment is now out in the long awaited case of MM v Secretary of State for
UPDATE: Outcome now known and reported here. Last week the Court of Appeal heard the Home Office appeal in the spouse visa minimum income case.
Newly introduced Immigration Rules (Statement of Changes HC 803) due to take effect on 1 December 2013 will end a concession for family members of members of
Child abduction is a criminal offence. It requires covert departure from the UK to another country, and from the abductor’s point of view preferably one
The test for an Article 8 claim to stay in the UK within the Immigration Rules is whether there are “insurmountable obstacles” to continuing family life outside the UK. But even if an applicant does pass this test, there is a further hurdle: whether removal is disproportionate. An important question...
The ill-treatment of Commonwealth soldiers may no longer make headlines, but scandalously high immigration fees are depriving many of those who have served this country of their right to settle in Britain, writes Vinita Templeton of Duncan Lewis. The new Home Secretary, Sajid Javid, recently announced that the £2,389 fee...
In Ribeli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611, the Court of Appeal reaffirmed the “rigorous and demanding” nature of the adult dependent relative rules, following the judgment in BRITCITS v Secretary of State for the Home Department [2017] EWCA Civ 368. Proving that you have an emotional...
Making an immigration application for clients is all in a day’s work, but working on your own wife’s visa is enough to reduce even an expert to tears, writes an anonymous Free Movement contributor. While courting my wife during a sabbatical abroad, I would worry about things like whether I...
A Statement of Changes in Immigration Rules HC309 was laid yesterday, 7 December 2017. This note does not aim at detailing all the changes, instead just highlighting the most significant ones. Except where otherwise indicated, these changes will come into force on 11 January 2018, although applications made before 11...
Hearty congratulations from all of us at Free Movement to the former army officer and UN charity worker who are due to marry next year. But given that Meghan Markle is an American citizen, what hoops will the happy couple need to jump through in order to complete their nuptials?...
An ex-soldier who struggles to walk, speak or perform basic household tasks following a stroke has been told that he must look after his children without their Philippine national mother because these do not constitute “exceptional circumstances” in the eyes of the Home Office. Simon and Leah Waterman returned to...
This week the story of Dan Newton and his family has hit the newspapers. This post explains why the Home Office has acted as it has. It is not a mistake. Since harsh new rules were introduced in 2012, UK immigration policy does not usually allow British citizens working abroad...
A couple can enter into a “marriage of convenience” even if they are in a genuine relationship. This was, in summary, the finding of the High Court in R (Molina) v Secretary of State for the Home Department [2017] EWHC 1730 (Admin). Background The appellant, Mr Molina, was a Bolivian...
On 20 July 2017 the Home Office published changes to the Immigration Rules intended to give effect to findings made by the Supreme Court in MM (Lebanon) & Others v Secretary for the Home Department [2017] UKSC 10 on the Minimum Income Requirement. The new rules come into effect on...
The Supreme Court has handed down its judgement in the case of Sadovska and another (Appellants) v Secretary of State for the Home Department (Respondent) (Scotland) [2017] UKSC 54. In unanimously allowing the appeal, the Supreme Court ruled that the burden of proof of establishing a ‘marriage of convenience’ falls...
Now that the election manifestos have been officially published we have an indication what Labour and Conservative have planned for EU nationals living in Britain. While the Labour manifesto confirmed a pledge to immediately guarantee existing rights for all EU nationals living in Britain the polls continue to point to...
The Court of Appeal has dismissed the challenge brought by campaign group Britcits to the restrictive Immigration Rules on the admission to the UK of parents, grandparents and other adult dependent relatives. The case is BRITCITS v Secretary of State for the Home Department [2017] EWCA Civ 368. On 9...
In Butt v Secretary of State for the Home Department [2017] EWCA Civ 184 the Court of Appeal considers the weight to be given to the relationship between parents and their adult dependent children in the Article 8 balancing exercise. It is notable – and this was the principal reason...
In linked judgments in the case of MM and others v Secretary of State for the Home Department [2017] UKSC 10, known to many as just “the MM case,” the Supreme Court has this morning upheld in principle the Minimum Income Rule which requires an income of at least £18,600...
The Chief Inspector of Borders and Immigration has published a new report on the Home Office approach to sham marriages. The report is critical of the change in approach brought about by new powers conferred on officials by the Immigration Act 2014: The inspection found that the initial implementation of...
The Home Office has reviewed operation of the cruel Immigration Rules for Adult Dependent Relatives such as parents or grandparents introduced in July 2012. They are considered to be meeting their policy objectives and will not be changed, the review has concluded. Senior policy adviser Clive Peckover writes: As the...
Statement of Changes to the Immigration Rules HC667 was laid yesterday, 3 November 2016. The document weighs in at 90 pages but many of the changes are to language rather than effect. The more significant changes are to Tier 2 skilled workers, for whom the minimum salary level is increased,...
New Home Office guidance on Marriage Investigations has been published. Formally, it is Chapter 30 of the Enforcement Guidance and Instructions. The purpose of the guidance is stated on page 1: This guidance is aimed primarily at Immigration Enforcement staff involved in investigating allegations of sham marriage, civil partnerships and...
In a decision of 27 May 2016, the Inner House of the Court of Session held that excluding the spouses of refugees from the so-called ‘domestic violence concession’ (DVC) in Section DVILR of the Immigration Rules discriminates against such spouses in violation of Article 14 of the European Convention of...
The President of the Upper Tribunal, Mr Justice McCloskey, has allowed on human rights grounds the appeal of the mother and brother of a refugee child from Eritrea. The mother and brother were the appellants and the child in the UK was the sponsor. The appellants had fled Eritrea after...
The challenge by organisation Britcits to the virtual prohibition on the entry of adult dependant relatives introduced in 2012 has been dismissed: R (on the application of Britcits) v Secretary of State for the Home Department [2016] EWHC 956 (Admin). Despite the disappointing outcome, though, there is a distinct silver...
A new set of Immigration Rules has been laid in Statement of Changes HC877. The changes take effect on 6 April 2016. You can access the explanatory notes or the full rules or both together. There are a LOT of changes. Stand out features include: Those with a “litigation debt”...
This text is based on a talk given by Sonel on 24 February 2016 at an ILPA event on family immigration law. Since 2012, family immigration in UK has taken a particularly nasty turn, even where and maybe especially where, the sponsor is a British citizen. There was Quila, interfering...
First of all, the official headnote to Muhandiramge (section S-LTR.1.7) [2015] UKUT 675 (IAC) (20 November 2015): Where an application for leave to remain in the United Kingdom is refused under Section S-LTR.1.7 of Appendix FM of the Immigration Rules on the ground of the Applicant’s failure without reasonable excuse...
President McCloskey certainly isn’t wrong when he says of the immigration rules on human rights introduced in 2012: These provisions of the Rules have generated much jurisprudence during the last two years. In this latest contribution to that ever growing jurisprudential midden, Treebhawon and others (section 117B(6)) [2015] UKUT 674...
The Court of Appeal has reiterated that the burden of proof for proving whether a marriage is a sham for immigration law purposes rests with the Home Office. The case is Agho v The Secretary of State for the Home Department [2015] EWCA Civ 1198 and it confirms the obiter...
The Supreme Court has dismissed the challenge brought against the introduction of pre-entry English language testing for spouses seeking to enter the UK as the family members of British citizens and those present and settled in the UK. The formal title of the case is R (on the applications of...
Major changes to the Immigration Rules affecting refugees, Tiers 1, 2 and 5, EEA nationals sponsoring family members under the Immigration Rules, visitors, applications for Administrative Review and knowledge of language and life tests are being introduced with effect from tomorrow, 12 November 2015. The changes are wrought by Statement...
Last week the Children’s Commissioner for England released a study into the impact of the Coalition Government’s new family immigration rules, introduced in 2012. The report is an emotionally difficult read with some heart breaking quotes but unfortunately I’m not sure that those who should read it will read it;...
The Court of Appeal turns its attention to the admission of family members outside the requirements of the Immigration Rules in the case of Secretary of State for the Home Department v SS (Congo) [2015] EWCA Civ 387. The judgment came out in April and I omitted to write it...
With the Children Act 1988, the language of “access” and “custody” was abandoned in family law, and with good reason. The language was suggestive of incarceration, it encouraged confrontation between parents and it was based on the idea of children as inanimate parcels or packages. In immigration law, though, that...
Filmmaker Don McVey has put together an excellent documentary on the spouse minimum income rule and the devastating effect it is having on affected families and children. It is heartbreaking. Don does a great job of drawing out how arbitrary the minimum income threshold is, how biased it is against...
On 25 November 2014, Minister for Immigration and Security, James Brokenshire, said: The new Immigration Act enables us to take tougher action to crack down on those who try to cheat our immigration system by abusing marriage laws. In 2013-14, we intervened in more than 1,300 sham marriages – more...
The case of Sultana and Others (rules: waiver/further enquiry; discretion) [2014] UKUT 540 (IAC) (12 November 2014) involved refusals of entry clearance for a spouse and three children. The basis of refusal was that the sponsor was self employed, claimed to earn in excess of the minimum amount required —...
UPDATE: see report of Supreme Court judgment here. The judgment is now out in the long awaited case of MM v Secretary of State for the Home Department [2014] EWCA Civ 985, the test case challenging the minimum income threshold for spouses wishing to enter the United Kingdom. The Court...
UPDATE: Outcome now known and reported here. Last week the Court of Appeal heard the Home Office appeal in the spouse visa minimum income case. The judges heard argument over two days and did not give a decision there and then. The timescale for a decision is unknown but is...
Newly introduced Immigration Rules (Statement of Changes HC 803) due to take effect on 1 December 2013 will end a concession for family members of members of the armed forces, forcing many such families to separate if the soldier is stationed to the UK. Ending the concession and bringing soldiers...
Child abduction is a criminal offence. It requires covert departure from the UK to another country, and from the abductor’s point of view preferably one that is not in Europe, not a signatory to the Hague Convention and that does not have a bilateral agreement with the UK. The incredibly...
