KNOWLEDGE

CENTRE

Upper Tribunal provides guidance on spouse visa extensions

In the case of R (on the application of Bhudia) v Secretary of State for the Home Department (para 284(iv) and (ix)) IJR [2016] UKUT 00025 (IAC) the Upper Tribunal made several helpful comments for those applying...

Partners of members of HM Forces: meeting the financial requirement through employment income

Partners of members of HM Forces who wish to travel to, and remain in, the UK will need to make an application in accordance with Appendix Armed Forces of the Immigration Rules. As part of the application,...

Retained Rights of Residence following separation and / or divorce from an EEA national

The non-EEA Spouse of an EEA national exercising Treaty rights in the UK is entitled to live in the UK with their spouse. The Court of Justice of the European Union established long ago in the Diatta decision...

Marriages of convenience – consequences and remedies

It is the declared aim of the government to make the UK a hostile environment for migrants as, it claims, this will contribute to its aim of reducing the level of net migration.  They are rapidly making progress,...

Durable relationships under the Immigration (European Economic Area) Regulations 2006

Regulation 8 of the Immigration (European Economic Area) Regulations 2006 (the ‘2006 Regulations’) sets out circumstances in which a person will be considered the ‘extended family member’ of an EEA national....

Court Upholds Minimum Income Threshold Appeal

The Court of Appeal has recently upheld the Home Office’s appeal over the lawfulness of the income threshold under the new family migration rules. The minimum income threshold for British citizens to sponsor...

Minimum Income Requirement for Spouse Visas Ruled ‘Lawful’

The requirement for UK citizens to have a minimum income before being allowed to sponsor their spouse’s visa has been ruled ‘lawful’ by the Court of Appeal. In 2012, a Minimum Income Requirement...

Home Office to announce decisions on 4,000 pending partner applications

On 11 July 2014 the Court of Appeal upheld the lawfulness of the minimum income threshold for spouses/partners and children applying in the family route. The income threshold applies to non-EEA national spouses/partners...

Calls for Home Office Strategy to Tackle Sham Marriage Problem

The Independent Chief Inspector of Borders and Immigration, John Vine, has called upon the Home Office to develop and implement a ‘clear strategy’ across all departments to address the issue of sham marriages...

Case comment: Hameed (Appendix FM – financial year) [2014] UKUT 00266 (IAC)

For self-employed individuals wishing to bring their partners or other family members to the UK, note should be taken of the recent judgment in the case of Hameed (Appendix FM – financial year) [2014] UKUT 00266 (IAC).

Family Migration Income Threshold is Too High

The minimum income requirement to be able to sponsor family members to come to the UK is out of reach for too many people, according to recent research. The research, by campaign group Migrant Rights Network, found...

Update on the challenge to the financial requirement under Appendix FM of the Immigration Rules

UK Visas and Immigration (UKVI) has today released guidance regarding applications that are affected by the financial requirement imposed by Appendix FM of the Immigration Rules, requiring applicants to provide...