Has she seen a solicitor? Sounds like a case where it would be useful to see if a pre-action protocol letter for Judicial Review might spur someone into action.

Make sure that she doesn't ever look as if she is living here, in fact if not in law. 6 months' stay in the UK out of any 12 months is a very useful guide. Also make sure that she doesn't use any public services (such as the NHS) and that she had proper health insurance covering the UK; if she had a...

same here, I'm not aware of any, and it is a bit to soon to be sure

I agree with you on both points.

I don't think they are completely binding, but nor do I think they are irrelevant. We'll have to wait and see, I suppose.

Some of the Senior HOPOs are extremely pleasant and reasonable people, I agree.

He told me that in case where a court made a positive finding, the Secretary of State will object in future proceeding to it being used as the tribunal who made it, did not have jurisdictions. He said the Secretary of state will not seek to use finding to refuse in cases were an appellants appeal w...

I have only seen it raised as an issue in TOEIC tests taken in the UK, not taken anywhere else. That doesn't mean there aren't some non-UK issues, but I haven't heard of any.

I wouldn't want to give any definite view without seeing the whole case in context.

But it looks as if you had a nice judge, who made comments which would certainly help in any fresh application.

Sadly, I've come across that too. In fact, I've even heard the phrase "a child of convenience" used. Which is just disgusting.

While I am glad the Home Office's appeal in Qadir hasn't been successful, and that the UT's decision has been upheld, I don't think much has changed in ETS cases.

What Qadir certainly doesn't do, I'm afraid, is wipe all TOEIC cases away. They will continue, very much, on a case-by-case basis.

there are *some* sham relationships which shouldn't really be appealed. Some. Where they essentially don't know each other, for example. I once came across a very rare prosecution in which the "wife" was unable to identify her "husband" in a photo. I personally wouldn't have appealed in that one.....

I spent a good percentage of my day talking about Sala. grrrrrr. So many clients who were (perfectly properly) told one thing, and now, months or years later, it's all totally changed with no warning. It doesn't seem fair or right.

You are having a long old wait, sorry to hear that.

Watch out for the whole "non-suspensive" thing with ETD, though. Even if your appeal is pending before the Court of Appeal, the (recent) non-suspensive idea means no automatic protection from removal. I understand that, but in light of the comments of the Upper Tribunal, and the fact that the EEA n...

Is it reported?

I certainly never want to be a judge.

From the reference to Germany and Schengen visas, it appears this is a German permit? Not a British one?

My views are aligned to yours. We will see, the Senior Presenting officer at the hearing indicated that provisions have been made to people affected , who would have succeeded. However within 2 weeks the individual was approached and asked to present himself for ETD. I consider in a very serious li...

I think your ire is better directed at Ockleton than your own UT judge, but there's plenty to spare all round. It's a complete mess.

It's extremely strange for all sorts of reasons, including those mentioned above by Vinnie and Obie.

Obie, is your recent UT case reported?

No a fresh application will not matter as the Secretary of State may say they are not bound by it , as there was no jurisdiction. A finding of fact by the judge that he would have allowed the appeal but for Sala and jurisdiction would create a strong irrationality challenge in the event the HO reje...

Please desist from writing in capital letters. I am not sure if I can give more than I have already given. It is a shame in your case, that matter is at Ftt. Due to the fact that mine was at the Upper Tribunal with permission, I am able to appeal to the court of appeal. If my argument succeeds, it ...

Sala is an extremely.... strange..... decision. However, in practical terms, dealing with it: 1. Any FTT Judge / HOPO aware of it will raise it, meaning there is no jurisdiction. In my experience, and having asked in Chambers, this is happening almost all the time. So if there is an outstanding appe...

I'd agree, especially the long absence. The Home Office bears in mind (among lots of other things) whether you are making the UK your home and intend to in the future. That sort of absence falls outside the guidelines.

When I've come across this before, it has been because of a fraudulent sponsor as well.

There's no direct connection.

British nationality is not a matter which comes under EU law - the rights of EEA nationals in other member states include permanent residence after 5 years of exercising treaty rights, but there is no right to nationality.