Category Archives: Spouses

EU Law and Family Unity: The Opinion in Lounes

Lounes v Secretary of State for the Home Department (C‑165/16 EU:C:2017:407) (30 May 2017) An Algerian, Toufik Lounes entered the UK as a visitor on a six-month visa in January 2010. He overstayed illegally. He formed a relationship with Perla … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Employment, Integration, Permanent Residence, Proportionality, Spouses, Working | Tagged , , , , , | Leave a comment

Lex Loci Celebrationis and Proxy Marriage in English Law

Awuku v Secretary of State for the Home Department [2017] EWCA Civ 178 (23 March 2017) Marriage by proxy is quite an important legal institution. As seen before, in the present case the home office agreed with Awuku that the … Continue reading

Posted in Article 8, Citizens Directive, CJEU, Court of Appeal, European Union, Judges, Spouses | Tagged , , , , , , | Leave a comment

‘Insurmountable Obstacles’ and ‘Exceptional Circumstances’ Tests Approved by Supreme Court

Agyarko and Ikuga v SSHD [2017] UKSC 11 (22 February 2017) “Insurmountable obstacles” and “exceptional circumstances” are every day expressions in immigration law but their real meaning has eluded the cleverest of judges. These two cases provided the Supreme Court … Continue reading

Posted in Appendix FM, Article 8, Children, CJEU, Court of Appeal, ECHR, Enforcement, Entry Clearance, Immigration Act 2014, Immigration Rules, Judicial Review, Proportionality, Spouses, UKSC | Tagged , , , , , , , , | 2 Comments

Supreme Court: MIR is Lawful

MM (Lebanon) & Ors v SSHD and Anor [2017] UKSC 10 (22 February 2017) Victims of the dreaded Minimum Income Requirement must have preferred the first instance judgment when they enjoyed greater success before a single judge. Afterwards the Court … Continue reading

Posted in Appendix FM, Article 12, Article 14, Article 8, Children, ECHR, Immigration Act 2014, Immigration Rules, Judicial Review, MIR, Proportionality, s 55 BCIA, Spouses, UKSC | Tagged , , , , , , , | 1 Comment

Overruling Kareem: Proxy Marriages and Recognition under European Union Law

Awuku v Secretary of State for the Home Department [2016] EWCA Civ 1303 (06 December 2016) see update here Questions about the validity of marriage have eternally dogged immigration law. Born in October 1973, and the holder of Ghanaian nationality, … Continue reading

Posted in Article 8, Citizens Directive, Citizenship and Nationality, ECHR, European Union, Public Interest, Spouses, Tribunals | Tagged , , , , , , , , | 1 Comment

Article 8 and Precariousness: Appendix FM in Supreme Court

These days the Immigration Rules are full of riddles. Applying a gloss on article 8 of the ECHR, wide-ranging rubric under the existing rules incorporates high legal tests such as “insurmountable obstacles”, “exceptional circumstances”, “compelling circumstances” and “exceptionality”. Such phrases dictate the … Continue reading

Posted in Appendix FM, Article 8, Blogging, ECHR, Immigration Act 2014, Immigration Rules, Proportionality, Spouses, UKSC | Tagged , , , , , | Leave a comment

Stringency and Sensibility under Appendix FM

R (Agyarko & Ors) v The Secretary of State for the Home Department [2015] EWCA Civ 440 (06 May 2015) This is the sequel to the SS (Congo) case analysed in the last post. To do with leave to remain … Continue reading

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