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Must the Home Office follow Chikwamba rulling?

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jane2018
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United States of America

Must the Home Office follow Chikwamba rulling?

Post by jane2018 » Tue Jan 02, 2018 7:17 pm

In FLR(FP) application as aspouse of UK citizen, is it reasonable to send a mother of 5 y.o. child back to her country just to apply for a spousal visa? Is it reasonable to separate a mother and her 5 yo for a couple of months just for the sake of her obtaining a correct entry clearance when otherwise all the requirements are met?
Is here anybody who would think it is not a problem to send the mother back?

In Chikwamba the Court seems to say that sending a mum back just for the sake of correct entry clearance serves no good purpose and that the application must be resolved inside the UK on its merits. Does it mean to be resolved by the Home Office at the application level or that the applicant must be originaly refused and then file an appeal and then hers appeal must be permitted?

What do you think about Chikwamba in a circumstance where there is a 5 y o child has to be left in the UK (attends school on full-time basis)?

Obie
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Re: Must the Home Office follow Chikwamba rulling?

Post by Obie » Tue Jan 02, 2018 7:32 pm

Please desist from opening multiple thread.
Smooth seas do not make skilful sailors

vinny
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Re: Must the Home Office follow Chikwamba rulling?

Post by vinny » Wed Jan 03, 2018 1:28 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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