Minimum income requirement - the latest on the 'costs' of falling in love

The judgement that challenged the minimum income requirement, MM (Lebanon) & Others v the Secretary for the Home Department [2017] UKSC 10, was one of the most awaited judgments in the past year. To recap, the ruling concerned a series of conjoined cases challenging the £18,600 minimum income requirement ('MIR') introduced in July 2012 as part of 'Appendix FM' to the Immigration Rules, along with the the Immigration Directorate Instruction on family migration giving guidance to entry clearance officers ('the Instructions'). Although the supreme court dismissed the appeal, holding that the MIR is acceptable in principle, it highlighted that the Rules and the Instructions unlawfully fail to take proper account of the s 55 duty. It also ruled that the Instructions also require amendment to allow consideration of alternative sources of funding when evaluating a claim under article 8. Our previous blog on the subject can be found here

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EEA WORKERS IN THE UK - CALL FOR EVIDENCE

The Government has commissioned the Migration Advisory Committee ( MAC )  to advise on the economic and social impact of the UK's exit from the EU and also on how the UK's immigration system should be modernised forecasting likely future demands and strategies.

The MAC has been specifically asked to look at current patterns of EU migration in respect of

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Rights of EU Citizens married to British Citizens post-Brexit

Rights of EU Citizens married to British Citizens post-Brexit

Following the recent publication of the initial negotiating positions from the UK and the EU on the terms of the Britain’s withdrawal from the EU, many are left to question what these respective proposals might mean for those EU citizens currently residing in the UK, and their families. Previous discussion focused on the rights of EU citizens in general terms, but nowhere are these questions more contentious than in the case of EU national spouses of British citizens.

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Tribunal fees in the Supreme Court

Tribunal fees in the Supreme Court

On 26 July 2017 the Supreme Court held that the legislation which introduced fees for bringing claims in the employment tribunal was unlawful as it had the effect of preventing access to justice. The case is R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51.

In 2013 the UK Government introduced fees of between £390 and £1,200 (depending on the type of claim) for bringing a claim to the employment tribunal. Prior to this, there were no fees for bringing any claims to the employment tribunal. The Supreme Court have held that the fee regime, in its current form, is unlawful.

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The byzantine complexity of the Immigration Rules, an ex-insider's perspective

Colin Yeo posted an excellent blog on Freemovement on the increasing complexity of the Immigration Rules. This complexity is something immigration lawyers have almost become inured to.

Colin notes:  “The introduction of the Points Based System in 2008 marked a turning point. The detail of the requirements for entry to the UK became almost unknowable. Brexit offers an opportunity for a reset of immigration policy and law, although it seems doubtful that the Government will be in any fit state to use it.

The trend towards tortuousness began as a result of haste and incompetence. I suspect the continued layering of new complexity on old has come to be opportunistically embraced.”

I agree with this, but I believe an additional driver to this ‘byzantine’ system of control is the Home Office’s own belief that the move towards limiting individual officers’ discretionary judgement would make cost savings and simplify their caseload.

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Burden of proof on the Secretary of State to prove sham marriages

Burden of proof on the Secretary of State to prove sham marriages

Earlier this week, the Supreme Court held that the burden of establishing whether a proposed marriage is of convenience, otherwise known as a ‘sham marriage’, falls on the Secretary of State.

In the case of Sadovska and another (Appellants) v Secretary of State for the Home Department (Respondent) (Scotland) [2017] UKSC 54 the Supreme Court unanimously allowed the appeals of Ms Sadovska and Mr Malik and remitted the case for a full re-hearing by the First-tier Tribunal.

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Visa issues affecting Edinburgh Fringe performers

Visa issues affecting Edinburgh Fringe performers

A recent article in The Scotsman revealed the difficulties experienced by non-EEA Edinburgh Festival Fringe performers in obtaining visas to enable them to enter the UK and perform during the Festival.  These problems ranged from outright visa refusals, to prolonged delay of applications at the Home Office's massive entry clearance processing hub in Sheffield, where most entry clearance applications are now sent to for processing.  These issues have led to cancellation of shows, which as the article points out, has the effect of impacting upon the diversity of performers at the world's largest arts festival.

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Recognition of foreign adoptions at common law

Judgment was handed down in the case of W v The Secretary of State for the Home Department [2017] EWHC 1733 (Fam) on 07 July 2017.  This case concerned an application to the England and Wales High Court for recognition of a foreign adoption at English common law.  Specifically, this case concerned the recognition of an adoption effected in Nigeria.

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