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LOCATION: Home » Family Migration » Page 12

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CENTRE

Changes to family migration and visit rules announced
By Richmond Chambers -

New changes to the Immigration Rules, announced on Friday 17th March, will affect personal immigration and in particular those applying for the Family Route (Appendix FM of the Immigration Rules).Personal Immigration...

 and the Family Route Any individuals who wish to enter the UK as a fiancé(e) or proposed civil partner in order to marry or form a civil partnership must be free to marry or form a civil partnership at...

Best interests of children can be outweighed by parental misconduct
By Richmond Chambers -

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...

 of Article 8. Specificially, the Upper Tribunal considered the scope of the principle that a child must not be blamed for matters for which he or she is not responsible, such as the poor immigration...

Chief Inspector of Borders and Immigration report on sham marriages
By Richmond Chambers -

The Chief Inspector of Borders and Immigration has released a report criticising the Home Office’s approach to tackling so-called ‘sham marriages’. The Immigration Act 2014 This report was written in response...

 to the implementation of Part 4 of the Immigration Act, which came into effect on 2nd March 2015. New provisions changed the way in which marriages were to be conducted in the UK, with the aim of...

Home Office review of Adult Dependent Relative rules
By Richmond Chambers -

The Home Office has published a new review into the Immigration Rules concerning Adult Dependent Relatives (ADR). Background to Review. In July 2012, Appendix FM of the Immigration Rules (the Immigration...

 Track for Family Members) was amended to cover Adult Dependent Relatives of non EEA citizens. These provisions, however, are limited to a fairly small group of individuals. For someone to gain leave as an ADR, it...

Court of Appeal rules on Appendix FM suitability criteria and criminal convictions
By Richmond Chambers -

The Court of Appeal in Entry Clearance Officer -United States of America v MW (United States of America) & Ors [2016] EWCA Civ 1273 (14 December 2016) has ruled that an applicant attempting to enter...

 the UK under the Family Migration Rules will usually need to demonstrate “very compelling factors” for a decision to refuse entrance due to their criminal record to be overturned. Facts The Respondent...

Amendments to the family migration immigration rules
By Richmond Chambers -

New Immigration Rules published today introduce some important changes to the family migration routes under Appendix FM and Appendix FM-SE. Introduced by Statement of Changes HC667, the new rules raise the English...

 language requirement for partner and parent-based further leave to remain applications, amend the eligibility and minimum income requirements for dependent children and reduce the level of NHS debt that...

New residence requirement for ILR as a PBS dependent partner
By Paul Richmond - Managing Partner

** THIS BLOG POST WAS CORRECT AT THE DATE OF PUBLICATION BUT NO LONGER REFLECTS THE CURRENT LEGAL POSITION ** The Home Office has today introduced a new 180 day residence requirement for ILR as a PBS dependent...

 partner. Paragraph 319E of the Immigration Rules sets out the requirements for indefinite leave to remain as the partner of a relevant points based system migrant. ILR applications submitted before 24...

Marriages of Convenience – the guidance of the European Commission
By Richmond Chambers -

The Home Office Modernised Guidance on direct family members of EEA nationals (of 29 September 2015) provides guidance for decision makers who are assessing whether a marriage between an EEA citizen and a third...

 country national is genuine or one of convenience. A party to a marriage of convenience is not a ‘family member’ for the purposes of the EEA regulations. This guidance states that the burden of proof in...

Deportation - criminality and best interests of children: CT (Vietnam) [2016] EWCA Civ 488
By Dr. Catherine Taroni - Immigration Barrister

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,...

 whose outcome protected CT from deportation. Facts CT arrived in the UK in 1991 and was granted refugee status (since revoked), and indefinite leave to remain. He returned to Vietnam in breach of...

Sham Marriages - Bilal Ahmed revisited
By Richmond Chambers -

In the case of Bilal Ahmed, the Upper tribunal held that where an applicant had made an application for a residence card as the husband or wife of an EEA national but has no other basis of stay, and where his application...

 was refused on the basis that his marriage was one of convenience, the applicant could be removed while his appeal against that refusal was pending. The third point in the headnote of Bilal Ahmed...

Upper Tribunal provides guidance on validity and recognition of proxy marriages
By Alexis Slatter - Immigration Barrister

In Proxy Marriage – Cudjoe (Proxy marriages: burden of proof) [2016] UKUT 180 the Upper Tribunal provided guidance on the validity and recognition of proxy marriages. A proxy marriage involves a union where...

 one or both parties are not present but are represented by another individual, often a family member. This case was heard before the Upper Tribunal on 10th September 2015 and published on 14th April 2016....

Investigation of marriages under the Immigration Act 2014
By Richmond Chambers -

The Immigration Act 2014 makes provision for the Home Office to investigate whether marriages may be sham marriages or marriages of convenience during an extended notice.  This is the period after the...

 couple have notified the registrar of their intention to marry and before the marriage is able to take place.  If a decision is made to investigate, the notice period will be extended from 28 days to 70 days. The...
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