Post
by MyGodisable » Mon May 02, 2016 9:06 pm
Thank you Casa.
I agree that the route to settlement for adult dependents are closed but there are still some routes open to them to settled.
Also, we have to be aware that there are 2 different categories of adult dependents.
1. Adult dependent that are living outside the UK.
They can apply to reside in the UK under adult dependent category relating to Medical Condition. if
they don't have medical condition, the next rout for them is to apply to join their relative here through:
(B) Visits or Studies (which is the important route for them).
(C) If they apply under the above categories from their home country and their case are refused by the
Entry clearance officer, the law still say they the ECO still have to consider their own article 8 rights
outside the provisions of that rule. That is, why the refusal of their leave to enter won't breach their
article 8 rights, which is the second stage in MF(Nigeria) v SSHD
2. After the adult dependent have joined their family in the UK through the above route. All adults whether
they have been living here or they just come to UK. Their family situations are all the same.
3. The for all of them in the UK to extend their leave to remain, they may have to apply under the following:
(A) Adult dependent route relating to Medical condition for those that were granted leave to enter under
that category. For others they apply under:
(B) Paragraph 276 ade (vi) very significant obstacle
(C) if they don't meet the requirement of all the above route, their case will still have to be determined
outside the rule, which is their own article 8 rights (family life rights) with the family they have here
in the UK.
That is where MF(Nigeria) v SSHD, Ghising (family life), Kugathas v SSHD and others comes in. Their case cannot just be refused like that and you say they don't enjoy family life here in the UK that they should go to their home country. This is unlawful.
