Category Archives: Spouses

Court of Appeal Upholds Income Requirements

MM (Lebanon) & Ors, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 985 (11 July 2014) In an eagerly awaited decision regarding income requirements and sponsoring partners under the overhauled … Continue reading

Posted in Appendix FM, Article 14, Article 8, Court of Appeal, Human Rights Act, Immigration Rules, s 55 BCIA, Spouses | Tagged , , | 4 Comments

Article 8 is Not a Box Ticking Exercise

Ahmed v Secretary of State for the Home Department [2014] EWHC 300 (Admin) (14 February 2014) In this case Mr Justice Green held that it is important to avoid a “tick box” mentality in respect of article 8 of the … Continue reading

Posted in Appendix FM, Article 8, Immigration Rules, Judicial Review, Pakistan, Proportionality, Spouses | Tagged , , , | Leave a comment

No More Freewheeling Article 8

Gulshan (Article 8 – new Rules – correct approach) Pakistan [2013] UKUT 640 (IAC) (17 December 2013) This case is about spouses and relocation. It is also about Karachi which is my hometown and Pakistan’s largest and most dangerous city. … Continue reading

Posted in Appeals, Article 8, Immigration Rules, Pakistan, Spouses | Tagged , , , , | 2 Comments

A Rather Cruel Piece Of Mockery: Part 2

MM, R (On the Application Of) v The Secretary of State for the Home Department [2013] EWHC 1900 (Admin) (05 July 2013)  SSHD’s Case In light of Qulia, Chapti and Bibi, Blake J explained (at [86]) that the application of … Continue reading

Posted in Appeals, Article 8, Immigration Rules, MAC, Proportionality, Spouses | Tagged , , , | 1 Comment

A Rather Cruel Piece Of Mockery: Part 1

MM, R (On the Application Of) v The Secretary of State for the Home Department [2013] EWHC 1900 (Admin) (05 July 2013) Much has been said about the controversial mandatory financial requirements – which almost half of the UK’s working … Continue reading

Posted in Article 8, Asylum, COA, Forced marriage, Judicial Review, Spouses | Tagged , , , , | Leave a comment

Poppycock claims

Just as day two in the Quila appeal kicks off (watch here or join the discussion here or please click the twitter blackbird pie item at the end of this post), I would just like to take the opportunity to state … Continue reading

Posted in Article 8, Immigration Rules, India, PBS, Spouses, UKBA, UKSC | Tagged , , , , , , | Leave a comment

Conservatives’ stillborn feminism

On 8 March 2011 Mrs Theresa May bigged up her party by putatively expressing solidarity with women’s causes on the occasion of the 100th International Women’s Day. With most people distracted by the ongoing debate about a “British Bill of … Continue reading

Posted in Asylum, ECHR, Immigration Law, Persecution, Spouses, UKBA, Women | Tagged , , , , , | Leave a comment

New English tests are here

Via statement of changes to the rules CM 7944 the home secretary has introduced English language tests for spouses from today. This change will affect applications made by spouses, civil partners, unmarried partners, same-sex partners, fiancé(e)s and proposed civil partners who are involved with … Continue reading

Posted in Article 8, Dependants, English Tests, European Union, Immigration Law, Settlement, Spouses, UKBA | Tagged , , , , , | Leave a comment

English language tests for dependants

Changes in the immigration rules laid before Parliament in October 2010 will be introduced on 29 November 2010. From then on all dependants except those in the Points Based System will have to show competence in English at level A1 of … Continue reading

Posted in Article 14, Article 8, Bangladesh, Dependants, ECHR, Employment, English Tests, Immigration Law, Immigration Rules, India, Pakistan, PBS, Settlement, Spouses, UKBA | Tagged , , , , , , , , , | Leave a comment

The UKBA and the detention of children

Detention is one of the most analysed topics in legal discourse. Detaining minors is an extraordinary step and in this country there is a very proud tradition which sets aside juvenile offenders’ trial processes in comparison to the manner and … Continue reading

Posted in Article 14, Article 3, Article 5, Article 8, Children, Dependants, Detention, ECHR, G4S, Immigration Law, Immigration Rules, Persecution, Private Prisons, Refugee Convention, s 55 BCIA, Settlement, Spouses, UKBA | Tagged , , , , , , , | Leave a comment

Home Affairs Committee’s report on immigration cap

The chair of the Home Affairs Committee (HAC) the Rt Hon Keith Vaz MP has raised a multitude of concerns in his report about the Coalition government’s immigration cap. The terms of reference of the HAC were “to examine the expenditure, administration, … Continue reading

Posted in Article 8, Asylum, Business, Citizenship and Nationality, Dependants, Economy, Education, Employment, Entrepreneurs, Immigration Law, Immigration Rules, Overseas Clients, Overseas Workers, PBS, Post Study Work, Settlement, Spouses, Tier 1, Tier 2, Uncategorized, Working | Tagged , , , , , , , , , | Leave a comment

More evidence of degrading treatment emerges

The Jimmy Mubenga case brought to light the degrading and inhuman treatment which returnees receive at the hands of private security companies such as G4S which are involved in enforcement actions taken by the UKBA. Thereafter, the scandal has been … Continue reading

Posted in Article 8, Asylum, Detention, ECHR, G4S, Immigration Law, Immigration Rules, Persecution, Refugee Convention, Spouses | Tagged , , , , , , | Leave a comment

Settlement Services

The UKBA’s settlement checking service pilot scheme has been expanded as Oxfordshire County Council becomes the 3rd local authority to offer the service. The settlement checking service was launched on 7 October, and is for migrants who are applying for settlement … Continue reading

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