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UKVI News and Updates- Guidance: Returns preparation: caseworker guidance
- Guidance: UKRI endorsement: endorsed funders (Global Talent visa)
- Guidance: Powers and operational procedure: caseworker guidance
- Guidance: UKRI endorsement: employing or hosting institutions (Global Talent visa)
- Guidance: Pakistan: country policy and information notes
- Guidance: Register of licensed sponsors: workers
- Guidance: Register of licensed sponsors: students
- Guidance: Unaccompanied asylum seeking children and leaving care: funding instructions
- Guidance: Visitors and transit: customer service standards
- Guidance: Visa processing times: applications outside the UK
- Global Corporate Law
- Key Features of the Singapore Convention on Mediation
- What is the test for a ‘one man company’?
- LIBOR: The Final Nail in the Coffin?
- Banking and Misconduct: A Critique of the Cure of Culture
- Court of Appeal Opens the Door to LIBOR and Benchmark Misrepresentation Claims
- Habib Bank Expelled From New York
- Supreme Court: Equity’s Darling and Guidance on Enforceability of Trusts where the Institution is Unknown
- Conduct Costs on the Rise (2012-2016): No End in Sight
- Supreme Court Clarifies the Law on Security and Enforcement of Foreign Arbitration Awards
- FSMA and Third Party Rights: Victory for FCA in Supreme Court
- Immigration News
- Starmer has laid out his plan to tackle asylum. Will it actually work? | Sunder Katwala
- ‘We had money! It was brilliant!’ Margaret Hodge on Labour governments, life as a migrant and quitting as an MP
- Child refugees using people smugglers to reach family in UK, report warns
- Rishi Sunak: UK is facing some of the most dangerous years in its history
- ‘If Jacob Rees-Mogg wants to join us’ … Was Natalie Elphicke’s defection a step too far for Labour?
- Home Office faces legal challenge over risk of lone children being sent to Rwanda
- ‘Self-defeating’: senior Tories warn Sunak against clampdown on international students
- Revealed: thousands of ‘innocent and abandoned’ migrant care workers told to leave UK
- Labour government would halt Rwanda deportations from day one, Starmer says
- ‘Cringeworthy’: what people in Dover think of Labour and Keir Starmer – video
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Category Archives: Spouses
HC 590: Changes to MIR, Skilled Worker and other rules
Statement of Changes in the Immigration Rules HC 590 introduces much higher new minimum income requirements (MIR) which were announced by the Home Office on 4 December 2023 in what the Home Secretary James Cleverly called his “five-point plan” to reduce … Continue reading
Posted in Appendix EU, Appendix FM, Article 8, ECHR, Immigration Rules, MIR, Settlement, Skilled Worker, Spouses
Tagged Article 8, Immigration Rules
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Appendix FM and changes of £29,000 and £38,700 to MIR
“MIR”, an acronym for “Minimum Income Requirement”, has become a menacing buzzword in the hostile world of UK immigration law which is required as annual income to sponsor a spouse. From 11 April 2024, MIR will be increased from £18,600 … Continue reading
Posted in Appendix FM, Article 8, Immigration Rules, Spouses, UKSC
Tagged Appendix FM, Article 8, ECHR, Immigration Rules, UK Supreme Court
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DVILR breaches Article 14 of the ECHR
AM, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 2591 (Admin) (14 October 2022) In these judicial review proceedings, Lieven J held that Appendix FM, specifically the Domestic Violence Indefinite Leave to Remain … Continue reading
Posted in Appendix FM, Article 14, Children, Domestic Violence, ILR, Immigration Rules, Judicial Review, Karachi, Pakistan, Spouses, TMA, UKSC, Women
Tagged ECHR, ILR, Immigration Rules, Judicial Review, TMA, UK Supreme Court
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Jamaican father of four British children wins in Court of Appeal
KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 (28 October 2020) The Court of Appeal has held that FTTJ Gurung-Thapa had not erred in law by allowing a foreign criminal’s deportation appeal when she … Continue reading
Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Jamaica, Public Interest, s 55 BCIA, Spouses, Tribunals, UKBA
Tagged Article 8, Case Law, Children, Court of Appeal, Criminal Offences, Immigration Rules, Spouses, Tribunals, UK Supreme Court
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High Court of Sindh on Pakistan and the Hague Convention
The case of Mst Farhat (Petitioner) v Umair Hanif Ghanchi and Others (Respondents) 2019 CLC 1311 Sindh is an early example of the High Court of Sindh grappling with the issues connected to the Hague Convention on the Civil Aspects of … Continue reading
Posted in Child Abduction, Children, Dubai, Family Court, Hague Convention, International Law, Interpol, Islam, Karachi, Pakistan, Spouses
Tagged Case Law, Children, Hague Convention, Interpol, Pakistan, Sindh High Court, Spouses
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Court of Appeal clarifies asylum bars in child abduction cases
G (A Child: Child Abduction) [2020] EWCA Civ 1185 (15 September 2020) The Court of Appeal has held that Lieven J (the High Court Judge) had been wrong to stay proceedings on the basis that there was a bar to … Continue reading
Posted in Article 8, Asylum, Child Abduction, Children, Court of Appeal, ECHR, Families, Habitual Residence, Hague Convention, High Court, Immigration Rules, International Law, Lady Hale, Pakistan, Refugee Convention, Removals, South Africa, Spouses, UKSC
Tagged Article 8, Asylum, Brexit, Case Law, Children, Court of Appeal, Dependants, ECHR, Pakistan, Persecution, Spouses, UK Supreme Court
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Court of Appeal reviews the meaning of “unduly harsh”
HA (Iraq) v Secretary of State for the Home Department [2020] EWCA Civ 1176 (04 September 2020) The appeals of HA and RA, both Iraqis, concerned the terms of Part 5A of the Nationality, Immigration and Asylum Act 2002 (especially … Continue reading
Posted in Article 8, Asylum, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, ECHR, Families, Immigration Rules, Iraq, Lady Hale, Parliament, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC
Tagged Article 8, Asylum, British Nationality, Case Law, Children, Court of Appeal, Criminal Offences, ECHR, Immigration Rules, Refugee Convention, Tribunals, UK Supreme Court
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How do Pakistani courts approach child abduction cases?
What can be said about the approach taken by the Pakistani courts in child abduction cases? Little is known about this topic and of course since Pakistan is a new entrant to the Hague Convention on the Civil Aspects of … Continue reading
Court of Appeal on Nikah and non-qualifying ceremonies
HM Attorney General v Akhter & Ors [2020] EWCA Civ 122 (14 February 2020) This was an important judgment which was given earlier in the year. The Court of Appeal held that an Islamic ceremony of marriage which was not … Continue reading
Posted in Article 12, Article 8, Divorce, ECHR, Families, Family Court, Human Rights Act, Islam, Nikah, non-marriage, Pakistan, Spouses, UKSC
Tagged Article 12, Article 8, Case Law, Court of Appeal, ECHR, Nikah, Spouses, UK Supreme Court
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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 Article 8, Case Law, Children, Court of Appeal, ECHR, European Union, Immigration Rules, Spouses, Tribunals, UK Supreme Court
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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 Article 8, Case Law, ECHR, Immigration Rules, Judicial Review, Spouses, Tribunals
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Changes in the Immigration Rules: Key Features of HC170
Statement of changes to the Immigration Rules HC 170 amends the Immigration Rules to reflect changes required if the UK leaves the EU without a deal. The changes affect EU, other EEA and Swiss citizens, and their family members. In order … Continue reading
Posted in Appendix EU, Brexit, Crime, Deportation, European Union, EUSS, Families, Free Movement, Immigration Rules, Spouses, Turkey
Tagged 2004/38/EC, Brexit, Criminal Offences, European Union, Spouses
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Stranded Sri Lankan father wins on Article 8 in Court of Appeal
UT (Sri Lanka) v The Secretary of State for the Home Department [2019] EWCA Civ 1095 (26 June 2019) Floyd and Coulson LJJ have provided an outline of the proper approach that the Upper Tribunal should take as regards immigration … Continue reading
Posted in Article 8, Children, Court of Appeal, ECHR, Entry Clearance, False Statements and Misrepresentations, Families, Immigration Rules, Lady Hale, Proportionality, Public Interest, Settlement, Spouses, UKSC
Tagged Article 8, Asylum, Children, Court of Appeal, ECHR, Immigration Rules, Spouses, UK Supreme Court
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Upper Tribunal’s view of ‘unduly harsh’ and ‘very compelling circumstances’ tests in section 117C after KO (Nigeria)
In RA (section 117C: “unduly harsh”: offence: seriousness) Iraq [2019] UKUT 123 (IAC) together with MS (section 117C(6): “very compelling circumstances”) Philippines [2019] UKUT 122 (IAC) which were heard consecutively, the Upper Tribunal considered how section 117C (article 8: additional considerations in cases … Continue reading
Posted in Article 8, Asylum, Children, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Immigration Rules, Iraq, Precariousness, Proportionality, Public Interest, Settlement, Spouses, Tribunals, UKSC
Tagged Article 8, Asylum, Children, Court of Appeal, ECHR, Immigration Rules, Spouses, UK Supreme Court
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Deemed Paternity and Discrimination: Section 50(9A) of the British Nationality Act 1981 is Incompatible with the ECHR
K (A Child) v The Secretary of State for the Home Department [2018] EWHC 1834 (Admin) (18 July 2018) Importantly, the Administrative Court has recently held that the scheme in section 50(9A) of the British Nationality Act 1981 which deemed … Continue reading
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
Banger: EFMs are Covered by Surinder Singh
In Banger (C-89/17, EU:C:2018:570), the CJEU recently held that the historic decision in Surinder Singh (C-370/90, EU:C:1992:296) applies to an extended family member (EFM) and where an EU citizen returns to his member state of origin it must facilitate the … Continue reading
Posted in Appeals, Brexit, Citizens Directive, CJEU, European Union, Free Movement, OFMs, Permanent Residence, Spouses, Tribunals, UKSC
Tagged 2004/38/EC, Brexit, European Union, Free Movement, Spouses, Tribunals, UK Supreme Court
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Court of Appeal on Counting Time under the EEA Regulations
Macastena v Secretary of State for the Home Department [2018] EWCA Civ 1558 (05 July 2018) The Court of Appeal has answered in the negative the question whether a person in a durable relationship with an EEA national holding permanent … Continue reading
CJEU Cases and Changes to the EEA Regulations 2016
The Immigration (European Economic Area)(Amendment) Regulations 2018 amend the Immigration (European Economic Area) Regulations 2016 in order to implement the effects of a string of judgments given by the CJEU. The new regulations come into force on 24 July 2018. … Continue reading
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