Tag Archives: Spouses

Retained Right of Residence Question Referred

NA v Secretary of State for the Home Department & Anor [2014] EWCA Civ 995 (17 July 2014) In this case, the Court of Appeal (Lord Dyson MR, Sullivan & Sharp LJJ) referred to the CJEU the question whether, in order … Continue reading

Posted in Article 8, Cases, Citizens Directive, CJEU, Pakistan | Tagged , , , , | Leave a comment

Case C‑202/13 McCarthy: UK Unilaterally Suspending Free Movement

This is the long-awaited opinion in relation to the reference to the CJEU made in R (McCarthy & Ors) v Secretary of State for the Home Department [2012] EWHC 3368 (Admin). Advocate-General Szpunar’s opinion relates to the scope of the … Continue reading

Posted in Cases, Citizens Directive, CJEU, Judicial Review, UKSC | 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

Tribunal Unimpressed With New Rules Again: Part 1

Izuazu (Article 8 – new rules) Nigeria [2013] UKUT 45 (IAC) (30 January 2013) Lately a plethora of immigration decisions have descended upon us. All this sensational case law makes awesome reading. But it is impossible to read it all. … Continue reading

Posted in Article 8, Cases, Immigration Rules, Nigeria, Proportionality, Tribunals | Tagged , , , , | Leave a comment

Family Migration and Article 8′s New Dress

Theresa May’s rabid immigration policies are no secret and the government is changing the Immigration Rules yet again. It is the eighteenth statement of changes in the Immigration Rules to be announced by the Home Office since the present government … Continue reading

Posted in Article 8, Dependants, Immigration Rules, Judges, Proportionality, Settlement | Tagged , , , , , | 7 Comments

Barriers to entry: spouses’ English tests upheld

Language is the commonest human currency and it has an historical connection to culture and politics. Ostensibly, English remains the lingua franca of the world. Yet its imposition upon people – often far away in a Gujarati, Punjabi or Yemeni … Continue reading

Posted in Article 12, Article 14, Article 8, Cases, English Tests, Human Rights, Immigration Rules, s 55 BCIA | Tagged , , , , , | Leave a comment

Home secretary loses marriage visa case

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 … Continue reading

Posted in Article 8, Chile, Court of Appeal, Forced marriage, Human Rights, Immigration Rules, Pakistan, Spouse visa | Tagged , , , , , | 4 Comments

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

Revised IDI for family members

In its bid to provide free information (as dictated by statute) the UKBA yesterday took the step of publishing a revised chapter of its immigration directorates’ instructions (IDIs) which covers the topic of family members. The said IDI has been revised in … Continue reading

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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

Certificate of Approval fees refunds

In Baiai the House of Lords declared that the Certificate of Approval (COA) scheme was incompatible with article 8 of the ECHR as it disproportionately interfered with the fundamental right to marry. From 31 July 2009 applicants granted COAs between 2005 and 2009 … Continue reading

Posted in Article 8, Business, Cases, COA, Court of Appeal, Dependants, ECHR, Immigration Law, Immigration Rules, Overseas Workers, PBS, Post Study Work, Refugee Convention, Settlement, Tier 1, Tier 2, Tribunals, 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

UKBA discriminating against Pakistani applicants

It had emerged that the UKBA may be discriminating unlawfully against Pakistanis in favour of applicants for British visas from the emirates of and Abu Dhabi, Bahrain and Dubai. This was unearthed by the UKBA’s chief inspector Mr John Vine. However, the … Continue reading

Posted in ECHR, Education, Employment, Entrepreneurs, Immigration Law, Immigration Rules, Karachi, Overseas Clients, Overseas Workers, Pakistan, UKBA, Working | Tagged , , , , , , , , | Leave a comment

Agency publishes Tier 1 statistics

The International Group of the UKBA published what it called the an “operational assessment” of Tier 1 of the Points Based System (PBS). The Agency’s document can be viewed here. It is very much the objective of the Agency’s document … Continue reading

Posted in Article 8, Business, Dependants, Economy, Employment, Entrepreneurs, Fees, Immigration Law, Immigration Rules, PBS, Persecution, Tier 1, UKBA, Working | Tagged , , , , , , , , | Leave a comment

Why the best might prefer to leave the UK

While speaking to the Confederation of British Industry in an attempt to allay the immigration fears of the business community Prime Minister David Cameron comfortingly said to his audience: “Let me give you this assurance. As we control our borders … Continue reading

Posted in AP (Russia), Article 8, Asylum, Biometric Cards, Business, Detention, Economy, Education, Employment, Entrepreneurs, European Union, Immigration Law, Immigration Rules, Overseas Workers, PBS, Persecution, Post Study Work, Tier 1, Tier 2, UKBA Signing Centres, Uncategorized, Working | Tagged , , , , , , , , , , , , , , | Leave a comment

Agency responds to Jimmy Mubenga’s death

Any lawyer with experience of detention centre work in the immigration field will be familiar with the term “IRC”. This acronym stands for the rather obnoxious term Immigration Removal Centre. The security company G4S is responsible for “running” these “facilities” … Continue reading

Posted in Asylum, Cases, Dependants, Detention, ECHR, G4S, Immigration Law, Immigration Rules, Private Prisons, Refugee Convention, Settlement, UKBA | Tagged , , , , , , | Leave a comment

UKBA October limit for Tier 1 (General) reached

On 19 July 2010 it was announced by the Her Majesty’s Coalition government that it would introduce a limit on entry clearance  applications from overseas applicants under Tier 1 (General) of the PBS until 31 March 2011 when a full … Continue reading

Posted in Business, Dependants, Downsizing, Economy, Employment, Immigration Law, Immigration Rules, Overseas Clients, Overseas Workers, PBS, Tier 1, UKBA, Working | 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

Posted in Article 8, ECHR, Immigration Law, Immigration Rules, Settlement, Spouses | Tagged , , , | Leave a comment