Archive for News

Leave to remain as a partner, UK ancestry visa, One stop Notice

News on May 18th, 2013 Comments Off on Leave to remain as a partner, UK ancestry visa, One stop Notice

We successfully obtained leave for our client who had been served with removal directions following the refusal of his indefinite leave to remain application under the UK ancestry rules. Our client did not meet the continuous leave requirements. We completed the ones stop notice with the grounds of appeal to argue that our client qualified […]

320(11), Refusal of spouse entry clearance application

News on April 30th, 2013 Comments Off on 320(11), Refusal of spouse entry clearance application

We successfully challenged the ECO’s refusal under 320(11) of our client’s application for leave to enter as a spouse of a British Citizen. Our client was granted entry clearance 10 days after the appeal in the Upper Tribunal.

EEA Permanent Residence as a partner

News on September 23rd, 2012 Comments Off on EEA Permanent Residence as a partner

We got our client Permanent Residence card even though the five year residence card was due to expire in two year’s time. The Home Office had taken over two years to decide the initial application for residence card.

Family Migration Changes, effective from 9 July 2012

News on July 9th, 2012 Comments Off on Family Migration Changes, effective from 9 July 2012

In summary, the main changes are: introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 […]

Dauhoo (EEA Regulations – reg 8(2)) [2012] UKUT 79 (IAC)

News on April 12th, 2012 Comments Off on Dauhoo (EEA Regulations – reg 8(2)) [2012] UKUT 79 (IAC)

The  Upper Tribunal (Immigration and Asylum Chamber) in Dauhoo (EEA Regulations – reg 8(2)) [2012] UKUT 79 (IAC)  ruled: “Under the scheme set out in reg 8 (2) of the Immigration (European Economic Area) Regulations 2006, a person can succeed in establishing that he or she is an “extended family member”  in any one of […]

R (on the application of Quila and another) (FC) (Respondents) v Secretary of State for the Home Department (Appellant) R(on the application of Bibi and another)(FC) (Respondents) v Secretary of State for the Home Department (Appellant) [2011] UKSC 45 (12 October 2011)

News on October 27th, 2011 Comments Off on R (on the application of Quila and another) (FC) (Respondents) v Secretary of State for the Home Department (Appellant) R(on the application of Bibi and another)(FC) (Respondents) v Secretary of State for the Home Department (Appellant) [2011] UKSC 45 (12 October 2011)

The Supreme Court held that refusing to grant marriage visas to the respondents in this case infringes their rights under article 8 of the ECHR. The age restriction of 21 was introduced in the immigration rules with the aim of preventing forced marriages. The court held the increase in the spouse visa age was a […]

Extended/Other family members EEA, Moneke and others (EEA – OFMs) Nigeria [2011] UKUT 341 (IAC) (22 August 2011

News on September 27th, 2011 Comments Off on Extended/Other family members EEA, Moneke and others (EEA – OFMs) Nigeria [2011] UKUT 341 (IAC) (22 August 2011

In Moneke and others (EEA – OFMs) Nigeria [2011] UKUT 341 (IAC) (22 August 2011), the Upper Tribunal considered the relevant provisions of Directive 2004/38/EC and in particular Article 3(2) which deals with other family members (OFM’s). The court instructed that subject to any further guidance given by the higher courts, the following approach set […]

Abbassi, Rahman, DP 5/96 case, overturned

News on July 31st, 2011 Comments Off on Abbassi, Rahman, DP 5/96 case, overturned

See previous post for the case, EWHC 2894 (Admin). The case concerns the withdrawal by SSHD of the DP 5/96, the seven year child concession policy. The court held that if the withdrawal of DP 5/96 amounted to change in the Immigration Rules, then DP 5/96 should have been laid before the Parliament and because it wasn’t the policy […]

Section 19 of UK Borders Act 2007

News on June 13th, 2011 Comments Off on Section 19 of UK Borders Act 2007

On 19th May, the government announced,  that Section 19 of the UK Borders Act 2007, which relates to appeals against Points Based System application decisions, will come into force. This change will prevent PBS applicants who go to appeal from submitting fresh evidence to support their application at this stage. From now on, applicants will need […]

Amos v Secretary of State for the Home Department [2011] EWCA Civ 552 (12 May 2011):EEA caselaw

News on June 5th, 2011 Comments Off on Amos v Secretary of State for the Home Department [2011] EWCA Civ 552 (12 May 2011):EEA caselaw

The Court held that divorced spouses must establish that they have retained their rights of residence. Reference was made to Article 16.2 which applied to family members of EEA nationals who must have resided with the EEA national in the host Member State legally for a continuous period of five years. The word ‘legally’ meant […]