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President gives guidance on linked family cases, 7 year rule and Article 8


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The President has issued an important determination on the correct approach to multiple applications and appeals from family members, specifically a parent or parents and a child or children with 7 years of residence. The case is PD and Others (Article 8 : conjoined family claims) Sri Lanka [2016] UKUT 108 (IAC). The official headnote gives us the bare bones:

In considering the conjoined Article 8 ECHR claims of multiple family members decision-makers should first apply the Immigration Rules to each individual applicant and, if appropriate, then consider Article 8 outside the Rules. This exercise will typically entail the consideration and determination of all claims jointly, so as to ensure that all material facts and considerations are taken into account in each case.

I have updated and republished an old post from 2014 covering 7 year applications which you can find here with more detailed coverage of the new case: Can children and parents apply to remain after seven years residence?

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.