Category Archives: Appendix FM

Statement of changes to the Immigration Rules CP 232

Statement of changes to the Immigration Rules CP 232 of 14 May 2020 makes a raft of changes to the Immigration Rules which will take effect on 4 June and 24 August. Some changes are being made to the Immigration … Continue reading

Posted in Appendix EU, Appendix FM, Immigration Rules, PBS, Tier 1, Tier 2 | Tagged , , | Leave a comment

Mother of British child fails on Chikwamba and Zambrano

Younas (section 117B(6)(b); Chikwamba; Zambrano) [2020] UKUT 129 (IAC)(24 March 2020)  Chikwamba [2008] UKHL 40 and Zambrano (C-34/09, EU:C:2011:124) were landmark cases. The Chikwamba principle is that there is no public interest in removing a person from the UK in … Continue reading

Posted in Appendix FM, Article 8, Asylum, Children, CJEU, COVID-19, ECHR, European Union, Human Rights Act, Immigration Rules, Judges, Pakistan, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment

Domestic violence claim is not a human rights claim 

MY (refusal of human rights claim: Pakistan) [2020] UKUT 89 (IAC) (27 February 2020)  This decision brings further detriment to applicants relying on the domestic violence rules to obtain leave to remain. The result is that the Home Office can … Continue reading

Posted in Appeals, Appendix FM, Article 3, Article 8, COVID-19, Domestic Violence, ECHR, Hostile Environment, Human Rights Act, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Settlement, Spouses, Tribunals | Tagged , , , , , , | Leave a comment

Home Office sticks to its guns on paragraph 322(5)

In Balajigari [2019] EWCA Civ 673 (discussed here), the Court of Appeal held that the use of paragraph 322(5) of the Immigration Rules in the cases of highly skilled Tier 1 (General) migrants (T1GMs) was “legally flawed” because SSHD decision-makers … Continue reading

Posted in Appendix FM, Appendix V, Court of Appeal, Deception, False Statements and Misrepresentations, Paragraph 322(5), PBS, Settlement, Tier 1 | Tagged , , , , , | Leave a comment

Court of Appeal: Guidance on Entry Clearance and MIR

Secretary of State for the Home Department v MS (Pakistan) [2018] EWCA Civ 1776 (27 July 2018) The Supreme Court’s ruling in MM (Lebanon) [2017] UKSC 10 permitted the operation of the Minimum Income Requirement (MIR) for partners in Appendix … Continue reading

Posted in Appeals, Appendix FM, Blake J, Children, Court of Appeal, ECHR, Entry Clearance, Immigration Rules, MIR, Precariousness, Proportionality, Spouse visa, Spouses, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Brexit and the EU Settlement Scheme

As if Appendix FM and its sinister siblings were not enough, soon free movement law will interact with the Immigration Rules in the form of Appendix EU so as to implement settled status for EU citizens and their family members. … Continue reading

Posted in Appendix EU, Appendix FM, Article 8, Automatic Deportation, Brexit, Citizens Directive, CJEU, ECHR, Enhanced Protection, European Union, Free Movement, Immigration Act 2014, Immigration Rules, Permanent Residence, Proportionality, Public Interest, Settlement, Spouses, UKSC | Tagged , , , , , , , , , , , | 1 Comment

Restricted Leave: Only Rare Cases are Suitable for Settlement

Babar v Secretary of State for the Home Department [2018] EWCA Civ 329 (01 March 2018) Tanvir Babar used to be a Pakistani policeman. He worked in law enforcement for 17 years and was in charge of a squad of … Continue reading

Posted in Appendix FM, Article 3, Article 8, Asylum, ECHR, False Statements, Immigration Rules, Integration, Pakistan, Proportionality, Public Interest, Refugee Convention, RLR, Settlement | Tagged , , , , , , , , , | Leave a comment