6 PIECE OF EVIDENCE FOR FLR(M) RULED UNLAWFUL

[Obie]

This is an issue that affects lots of applicant for FLR(M) or FLR(FP).

The Home office requires 6 pieces of evidence from different source over the relevant 2 year.

The Upper Tribunal has ruled that this requirement is unlawful and inconsistent with ALVI, as it was not put before parliament, and case worker are using it as a rule rather than a flexible policy.

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)

[vinny]

My guess is that they may probably add this in Appendix FM-SE sooner or later.

[Obie]

My guess is that they may probably add this in Appendix FM-SE sooner or later.

That will still not be problematic, as they will have to adopt some level if evidence flexibility approach or else it will be strucked down again.

[Driver27]

Interesting I should see this thread today, the same day I receive a letter saying I need to provide further documentary evidence to show that my wife (dependent) has been cohabiting with me since Feb 2016.

Does this effect ongoing cases, applications that were already made?

I already posted about my situation on my thread
http://www.immigrationboards.com/immigr ... l#p1381202

[Merk87]

This will affect to the Residence Card for family members applications already in progress?