Tag Archives: Spouses

Aligning the Immigration Rules with MM (Lebanon)

Judicial review claims known as MM (Lebanon) & Ors [2017] UKSC 10 challenging the Minimum Income Requirements (MIR) under Appendix FM ended in overall disappointment for divided families. Partial success at first instance resulted in momentary jubilation. But ultimately, following … Continue reading

Posted in Appendix FM, Article 8, Children, ECHR, Employment, Families, Human Rights Act, Immigration Rules, Judicial Review, Proportionality, s 55 BCIA, Settlement, UKSC, Working | Tagged , , , , , , | 1 Comment

Case Preview: Sadovska and another (Appellants) v Secretary of State for the Home Department (Respondent) (Scotland)

Vociferous debate is raging over EU law rights because of Brexit and, of course, immigration is a hotspot in that regard. Standing firm, European leaders remain committed to their common mission to expand rights and refuse to reduce them. But … Continue reading

Posted in Article 6, CFR, Citizens Directive, ECHR, Enforcement, European Union, False Statements, Immigration Act 2014, Neuberger PSC, UKSC | Tagged , , , , , , | 2 Comments

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

Indo-Pak Family is Successful in ‘Pure Article 8 Claims’

CS and Others (Proof of Foreign Law) India [2017] UKUT 199 (IAC)(2 May 2017) Relations are particularly strained between India and Pakistan. Short of an actual war, things could not be worse between the historic rivals. The Indian government maintains … Continue reading

Posted in Article 8, ECHR, Immigration Act 2014, Immigration Rules, India, Pakistan | 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

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