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Guidance

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, Administrator

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vinny
Moderator
Posts: 28561
Joined: Tue Sep 25, 2007 7:58 pm

Guidance

Post by vinny » Mon Aug 23, 2010 12:20 am

Applications:
Partners and other family members > Join (Entry clearance) or Remain (FLR(M) or FLR(FP)).
Eligibility wrote:Your partner or family member must have one of the following:

British citizenship
settlement in the UK
asylum or humanitarian protection in the UK
Immigration Rules
> Part 8 - Family members (prior to 9th July 2012)
> Appendix FM: Family members
> Appendix FM-SE: Family members - specified evidence

Guidance and Instructions:
Settlement (SET) 
Income, Adequate Maintenance and Accommodation
Chapter 8 - Appendix FM (family members)
Chapter 8 - Family members transitional arrangements
Other cross-cutting information
Appendix FM 1.0b: family life (as a partner or parent) and private life: 10-year routes

Meeting the 5year route to settlement as a Partner or Parent: Your frequently asked questions answered
Partner, Parent and Private Life on The 10year Route to Settlement: Your Frequently Asked Questions Answered
The Ultimate Spouse Visa UK Guide for 2018 | STEP-BY-STEP.

New English language testing for partners
Knowledge of language and life in the UK

The financial (minimum income) requirement for partner visas.
Savings calculator

Subsisting marriage.

Medical issues (MED); UK tuberculosis technical instructions; NHS, NHS Surcharge (Children's ILE, SET(F)).

Do also read Form SET(M)'s requirements now.

Sponsor on benefits.
vinny wrote: children British non-British.
Supreme Court MM judgment.

Archive:
See also consultation. Family migration changes announced - updated; New Statement of Intent on family migration; Can reducing immigration be a legitimate aim in human rights law?

Changes to the family immigration rules: Who they affect; Family Migration: New rules to be introduced from 09-Jul-12

A case of tough love.

The New Rules; New Immigration Rules brought in immediately

The Case of the Lost Prerogative

A way to legally circumvent new immigration rules

Parliament Committee Report on New Family Rules and Westminster Debate

Some case laws:

Older dependent relatives
Settlement rules for spouses
Sole responsibility
Disabled sponsor
Initial Application As A Parent Of A Child Who Has Lived In The UK For Seven Years Continuously
Victims of domestic violence - Balakoohi, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1439 (Admin) (01 June 2012); T, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2453 (Admin) (22 July 2014)
3rd Party Support & Accommodation.
Discretionary Leave 2010,
Win For Children With Discretionary Leave (2013) - limited
Jan 2014, August 2014, Oct 2014, Oct 2014.
320(11)
Chikwamba
GS (public funds - tax credits) India [2010] UKUT 419 (IAC)
French v Entry Clearance Officer Kingston [2011] EWCA Civ 35 (31 January 2011)
Jahangara Begum and others (maintenance - savings) Bangladesh [2011] UKUT 00246 (IAC) (14 June 2011)
Best interests of children: new Supreme Court case
Omotunde (best interests - Zambrano applied - Razgar) Nigeria [2011] UKUT 00247(IAC); UKBA's policy
Seven year child concession policy
284 and article 8; MH; BN, R; AJ
E-A (Article 8 best interests of child) Nigeria [2011] UKUT 00315 (IAC)
A.A. v. THE UNITED KINGDOM - 8000/08 [2011] ECHR 1345 (20 September 2011) Article 8
Important new case on children
Effect of Quila; Spouse visa age lowered; Review of spouse cases refused on age alone
Best interests of children;
Tribunal’s view on Sapkota
The best interests of children living outside the United Kingdom
Subsisting marriage
Sanade and others (British children - Zambrano – Dereci) [2012] UKUT 00048 (IAC)
AX (family planning scheme) China CG [2012] UKUT 97 (IAC) (16 April 2012)
Extradition, Article 8 and the rights of the child
DH (Jamaica) v Secretary of State for the Home Department [2012] EWCA Civ 1736 (21 December 2012) (scope of the Zambrano principle)
Human rights and the immigration rules > Izuazu (Article 8 – new rules) [2013] UKUT 45 (IAC)
Ahmed (benefits: proof of receipt; evidence) Bangladesh [2013] UKUT 84 (IAC) (26 February 2013)
Hassan & Ors v Secretary of State for the Home Department [2013] EWHC 582 (Admin) (18 March 2013) (transitional provisions of Policy DP5/96)
Campbell (exclusion; Zambrano) Jamaica [2013] UKUT 147 (IAC) (21 March 2013)
High Court rejects May’s high politics > Nagre, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 720 (Admin) (28 March 2013) (lawfulness of paragraph 276ADE and Section EX.1) & Will the real Article 8 please stand up! > Green (Article 8 – new rules) Jamaica [2013] UKUT 254 (IAC) (13 May 2013) & PETITION OF MS v. SECRETARY OF STATE FOR THE HOME DEPARTMENT FOR JUDICIAL REVIEW [2013] ScotCS CSIH_52 (11 June 2013)
The Court of Appeal’s judgment in Chapti/Bibi on pre-entry English tests > Bibi & Anor, R (on the application of) v Secretary of State for the Home Department (Rev 1) [2013] EWCA Civ 322 (12 April 2013) (pre-Entry English language test)
Chikwamba delivers again > Zhang, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 891 (Admin) (18 April 2013) (319C(h)(i))
Azimi-Moayed and others (decisions affecting children; onward appeals) Iran [2013] UKUT 197 (IAC) (15 April 2013)
SM & Anor v Secretary of State for the Home Department [2013] EWHC 1144 (Admin) (08 May 2013) (Win For Children With Discretionary Leave - discretionary leave or ILR?)
AJ (Bangladesh) v Secretary of State for the Home Department [2013] EWCA Civ 493 (21 March 2013) (deportation after serious crime)
Surinder Singh route (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 550 (22 May 2013)
Kheirollahi-Ahmadroghani v Secretary of State for the Home Department [2013] EWHC 1314 (Admin) (22 May 2013) (age assessment)
Akhtar v Entry Clearance Officer - Islamabad (CEFR; UKBA Guidance and IELTS) [2013] UKUT 00306 (IAC) (05 July 2013) (English Language)
High Court finds minimum income rules disproportionate and unjustified > MM & Ors v Secretary of State for the Home Department [2013] EWHC 1900 (Admin) (05 July 2013)
More hope for separated parents with British children > MA and SM (Zambrano: EU children outside EU) Iran [2013] UKUT 00380 (IAC) (19 July 2013)
Medical treatment human rights cases and Rose Akhalu > Akhalu (health claim: ECHR Article 8) Nigeria [2013] UKUT 400 (IAC) (24 July 2013)
Okonkwo (legacy - Hakemi; health claim) Nigeria [2013] UKUT 401 (IAC) (30 Jul 2013)
R (on the application of Matthew) v Secretary of State for the Home Department (FCJR) Not applicable [2013] UKUT 466 (IAC) (9 September 2013) (Article 8)
AN (Afghanistan) & Ors v Secretary of State for the Home Department [2013] EWCA Civ 1189 (11 October 2013) (317)
Behary, R (On Application) v Secretary of State for the Home Department [2013] EWHC 3575 (Admin) (20 November 2013) (best interests of children not initially raised, established presence failed)
MUB v The Secretary of State for the Home Department [2013] ScotCS CSOH_179 (21 November 2013) (another failed best interest of children case)
Gulshan (Article 8 – new Rules – correct approach) Pakistan [2013] UKUT 640 (IAC) (17 December 2013)
Sabir (Appendix FM – EX.1 not free standing) (Pakistan) [2014] UKUT 63 (IAC) (31 January 2014)
ZI (Bangladesh) & Ors v Secretary of State for the Home Department [2014] EWCA Civ 98 (14 February 2014)
Ahmed v Secretary of State for the Home Department [2014] EWHC 300 (Admin) (14 February 2014)
Edgehill & Anor v Secretary of State for the Home Department [2014] EWCA Civ 402 (02 April 2014) (Rules before and after 9th July 2012)
Fetle (Partners: two year requirement) [2014] UKUT 267 (IAC) (3 June 2014)
EV (Philippines) & Ors v Secretary of State for the Home Department [2014] EWCA Civ 874 (26 June 2014) (best interest of children)
IA366892013 & ors [2014] UKAITUR IA366892013 (30 June 2014) (children)
Heritage, R(on the application of) v Secretary of State for the Home Department and First-tier Tribunal (IJR) [2014] UKUT 441 (IAC) (26 September 2014)
No recourse to public funds (Art 8) declared unlawful
Aliyu & Anor, R (on the Application of) v Secretary of State for the Home Department [2014] EWHC 3919 (Admin) (26 November 2014) (Article 8)
Minimum income requirement and specified evidence > Sultana and Others (rules: waiver/further enquiry; discretion) [2014] UKUT 540 (IAC) (12 November 2014)
JO and Others (section 55 duty) Nigeria [2014] UKUT 517 (IAC) (1 December 2014)
AP (India) v The Secretary of State for the Home Department [2015] EWCA Civ 89 (13 February 2015) (historic injustice)
New case interprets chikwamba again > Idris, R (on the application of) v The Secretary of State for the Home Department (IJR) [2015] UKUT 95 (IAC) (4 February 2015)
Edgehill, Halumudeen, Singh and now Islam on commencement of rule changes
Mind the gap: immigration rules and human rights are not coterminous > Chen, R (on the application of) v Secretary of State for the Home Department) ((Appendix FM – Chikwamba – temporary separation – proportionality) (IJR) [2015] UKUT 189 (IAC) (24 March 2015)
Meaning of “access rights” to children in immigration law > JA (meaning of “access rights”) [2015] UKUT 225 (IAC) (17 April 2015)
Gulshan disapproved in High Court > Sunassee, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2015] EWHC 1604 (Admin) (12 June 2015)
Upper Tribunal considers lawfulness of granting Discretionary Leave to a child > Patel, R (on the application of) v Secretary of State for the Home Department (duration of leave - policy (IJR) [2015] UKUT 561 (IAC) (21 October 2015)
Presidential Guidance on the Boomerang of Proof > Muhandiramge (section S-LTR.1.7) [2015] UKUT 675 (IAC) (20 November 2015)
Tribunal interprets spouse extension rule on overstay, required documents and language certificate > Bhudia, R (on the application of) v Secretary of State for the Home Department (para 284(iv) and (ix)) (IJR) [2016] UKUT 25 (IAC) (2 December 2015)
Court of Appeal says when it is “reasonable” to remove a child resident for 7 years or more > MA (Pakistan) & Ors, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2016] EWCA Civ 705 (07 July 2016) (7 years).
N (A Child), Re [2016] EWHC 3085 (Fam) (1 December 2016) (adoption)
Kaur (children's best interests / public interest interface) [2017] UKUT 14 (IAC) (10 January 2017)
MM (Lebanon) & Ors, R( on the applications of) v Secretary of State and another [2017] UKSC 10 (22 February 2017) (The UK’s spousal and family visa regime: some reflections after the Supreme Court judgment in the MM case)
Agyarko and Ikuga, R (on the applications of) v Secretary of State for the Home Department [2017] UKSC 11 (22 February 2017) (Ex.1.)
Scottish judge: discrimination based on immigration status unlawful > DN AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT (301, sole responsibility, DL)
‘Nothing Irrational’ about Abolishing Appeal Rights in Domestic Violence Cases > AT, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2589 (Admin) (18 October 2017)
Curtailment and Entry Clearance: Interfaith Couple Wins on Chikwamba in Court of Appeal > Tikka v The Secretary of State for the Home Department [2018] EWCA Civ 642 (28 March 2018)
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 28561
Joined: Tue Sep 25, 2007 7:58 pm

Re: Guidance

Post by vinny » Wed Oct 31, 2018 10:09 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 28561
Joined: Tue Sep 25, 2007 7:58 pm

Re: Guidance

Post by vinny » Sat Feb 09, 2019 3:15 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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