KNOWLEDGE

CENTRE

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 Meaning of ‘Sole Responsibility’ - Is TD (Yemen) Still Fit For Purpose?

The Requirement to prove ‘sole responsibility’ on the part of a Sponsor in the UK for a child applying to enter the UK appears in Part 8 of the Rules (where the parent is present and settled) and under Appendix...

Best interests of children can be outweighed by parental misconduct

In Kaur (children’s best interests / public interest interface) [2017] UKUT 14 (IAC) (10 January 2017) the Upper Tribunal has given further guidance on the assessment of children’s best interests in the context...

Deportation - criminality and best interests of children: CT (Vietnam) [2016] EWCA Civ 488

The Court of Appeal, composed of Lord Justice Tomlinson and Lady Justice Rafferty DBE, heard argument in CT (Vietnam) [2016] EWCA Civ 488 on 5 May 2016. This was an appeal from the decision of the Upper Tribunal,...

Applying to join a parent who is settled in the UK

This article explains how your child or children who were born outside the UK can join you in the UK if you are a British citizen, or if you have obtained Indefinite Leave to Remain in the UK. This category remains...

“Skype Families” – Recommendations of the Children’s Commissioner Report

In July 2012 Immigration Rules came into effect that set a minimum threshold requirement of £18,600 per annum, for British citizens or those settled In the United Kingdom to sponsor a non EEA national....

Immigration Rules Impact on Family Wellbeing

Recent research has revealed that up to 15,000 British children are separated from one of their parents because the Immigration Rules introduced in July 2012 do not allow both of their parents to live...

Overstayers: what about my partner’s children?

Those who have overstayed and want to regularise their stay on the basis of their relationship with a partner in the UK have to show that there would be ‘insurmountable obstacles’ to their family life continuing...

7 Years Continuous Residence by a Child

The Home Office used to have a seven-year child policy called DP5/96 under which there was a presumption that a child who had lived in the UK for a continuous seven year period should not be removed from the UK...

Calls for more Action on EU Family Reunification

The beneficiaries of international protection in the European Union (EU) often face excessive red tape when seeking to reunite with their families, according to a new report from the European Council on Refugees...

Commission publishes guidance on family reunification

The European Commission has recently published guidance on how the Family Reunification Directive should be correctly applied across Member States while at the same time avoiding possible...

Home Office appeals decision on family income threshold

The Home Office has announced that it is appealing against a recent High Court judgment on minimum income threshold for people sponsoring family members to live in the UK. Changes to family migration rules, including...