Supreme Court: The meaning of ‘unduly harsh’ and ‘reasonableness’ in child immigration cases

On Wednesday 24th October 2018, the UK Supreme Court tackled the application of the terms, ‘unduly harsh’ and ‘reasonableness’ in child immigration cases in the case of KO (Nigeria) & Others (Appellant) v SSHD [2018] UKSC53. What legislation was in question? Where...

Home Office’s Policy on Children Found “Untenable”

In this post, I will unpack the recently promulgated case of SR (subsisting parental relationship – s117B(6)) Pakistan [2018] UKUT 00334 (IAC) (5 September 2018), which distills two important principles for appeals and applications involving a relationship...

Can you rely on the parent route of Appendix FM if you are in a genuine and subsisting relationship with your partner?

There are two routes that are most commonly used when applying for leave to remain in the UK under Appendix FM of the Immigration Rules: the partner route and the parent route. It is generally thought that the Rules have created a clear division between the two...

Minimum income requirement under Appendix FM: is there room for flexibility?

As has been discussed in one of our previous blog posts, the minimum income requirements for those applying for entry clearance to the UK as a the spouse of a British citizen or settled person can be difficult to meet. The minimum income requirement According to...

Fiancé(e) visa FAQ

What is a Fiancé(e) visa? A Fiancé(e) visa allows a British or settled person in the UK to bring their non-EEA fiancé to join them in the UK with the intention of getting married within six months of being granted the visa. Am I eligible to apply for a Fiancé(e)...

What is a genuine and subsisting relationship?

If you are a spouse who wishes to join your partner in the UK, who is British or settled, the specified evidence for the relationship requirements set out in Appendix FM, including in relation to the genuine and subsisting relationship requirement, can seem scarce...

Partners and Family Visa Success Stories

Our immigration barristers have assisted clients from all over the world to join and remain with their spouses, civil partners, unmarried partners, fiancé(e)s and other relatives in the UK. Partners and Family Visa Success Stories Some examples of our successful...

Adult Dependent Relatives - Ribeli v Entry Clearance Officer, Pretoria

In an earlier blog post we examined the Immigration rules relating to adult dependent relatives which were introduced in July 2012.   The position was recently examined in the decision of Ribeli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611. This was...

Registering a Child Born in the UK as a British Citizen after 10 years

If your child was born in the UK and has lived in the UK they may be eligible to apply to register as a British citizen and it is an option you may wish to consider for a number of practical reasons. Entitlement to Register Section 1(4) of the British Nationality...

How do I meet the financial requirement for a partner visa if my sponsor is not working?

If your Sponsor is no longer working, perhaps because he or she is retired, it may initially appear difficult to meet the financial requirement set out in Appendix FM (this is the requirement to show an income of at least £18,600 per year if the Applicant...

New 180 day residence requirement for ILR as a PBS dependent partner

At present, there is no residence requirement for PBS dependants to obtain indefinite leave to remain. They simply have to have been in the category for five years as a family member, and to meet the other requirements of paragraph 319E of the Rules. In 2016,...

Meeting the Appendix FM financial requirement with an income of less than £18,600

In light of the Supreme Court judgment in MM (Lebanon) & Others v SSHD [2017] UKSC 10 the financial requirement set out in Appendix FM has changed substantially. The Supreme Court held that the minimum income threshold itself was lawful but that...