Category Archives: Dependants

Court of Appeal dismisses EEA residence card appeal

Posted on March 10, 2025 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Tipu v Secretary of State for the Home Department [2025] EWCA Civ 215 (05 March 2025)  Bean, Andrews and Falk LJJ held in this appeal that the Upper Tribunal had been right to reject the residence claim of Mr Tipu, … Continue reading →

Posted in Appeals, Citizens Directive, CJEU, Court of Appeal, Dependants, Dependency, European Union, Tribunals | Tagged , , , , , , | Leave a comment

Court of Appeal rejects invitation to treat EUSS family permit application as an EEA permit application

Posted on April 10, 2024 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Siddiqa v Entry Clearance Officer [2024] EWCA Civ 248 (14 March 2024) The Court of Appeal has held that the Upper Tribunal had not erred in finding that where the extended family member of an EU national had sought to … Continue reading →

Posted in Appendix EU, Bangladesh, Citizens Directive, Court of Appeal, Dependants, Entry Clearance, Immigration Rules, Tribunals | Tagged , , , , , | Leave a comment

Court of Appeal examines procedural unfairness in EEA family permit case and holds FTT acted unfairly on remittances

Posted on December 17, 2023 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Abdi & Ors v Entry Clearance Officer [2023] EWCA Civ 1455 (07 December 2023) The Court of Appeal has held that the FTT had acted unfairly during the hearing of an appeal against the SSHD’s refusal of Dahir Elmi Abdi, … Continue reading →

Posted in Appeals, Court of Appeal, Dependants, EUSS, Fairness, Kenya, Procedural Fairness, Somalia, Tribunals, UKSC | Tagged , , , , | Leave a comment

Court of Appeal: An extended family member must demonstrate continuous dependency on the sponsor

Posted on August 27, 2021 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Chowdhury v Secretary of State for the Home Department [2021] EWCA Civ 1220 (09 August 2021) Dismissing this appeal, the Court of Appeal held that in evaluating whether an applicant qualified as an extended family member under regulation 8(2) of the Immigration (European … Continue reading →

Posted in Appeals, Article 8, Brexit, Citizens Directive, CJEU, Court of Appeal, Dependants, ECHR | Tagged , , , , , | Leave a comment

Court of Appeal: Physical needs are decisive in ADR cases

Posted on June 23, 2021 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Mobeen v Secretary of State for the Home Department [2021] EWCA Civ 886 (14 June 2021) In a new judgment on adult dependant relatives in the case of a 66-year-old Pakistani school teacher who suffered from arthritis, depression and high … Continue reading →

Posted in ADR, Appeals, Appendix FM, Article 8, Court of Appeal, Dependants, ECHR, Entry Clearance, Immigration Rules, Karachi, Overstaying, Pakistan, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Passports: Foreign law must be proved by expert evidence

Posted on September 6, 2020 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Hussein and Another (Status of passports: foreign law) [2020] UKUT 250 (IAC)  CMG Ockelton VP has explained that (i) a person who holds a genuine passport, apparently issued to him, and not falsified or altered, has to be regarded as … Continue reading →

Posted in Appeals, Article 8, Asylum, Dependants, ECHR, Kenya, Nationality, Refugee Convention, Somalia, Tanzania, Tribunals | Tagged , , , , , , , , , , | Leave a comment

Inherent Jurisdiction: Article 8 and Adoption

Posted on July 18, 2017 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

W v The Secretary of State for the Home Department [2017] EWHC 1733 (Fam) (07 July 2017) Nigerians are automatically associated with corruption and deception. The magnitude of the problem is such that even honest citizens of Nigeria – who … Continue reading →

Posted in Adoption, Article 8, Children, Dependants, ECHR, Entry Clearance, Families, Immigration Rules, Inherent Jurisdiction, PBS | Tagged , , , , , | Leave a comment

Article 8 and ‘Catch 22’: New Rules for ADR are Lawful

Posted on June 30, 2017 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

BritCits v The Secretary of State for the Home Department [2017] EWCA Civ 368 (24 May 2017) “Dead woman walking” zombie Theresa May’s odium for the sick and elderly achieved infamy long before her “dementia tax” debacle. The courts have … Continue reading →

Posted in ADR, Appendix FM, Article 8, Dependants, ECHR, Immigration Rules, India, Judicial Review, Proportionality, Tribunals | Tagged , , , , , , | Leave a comment

Dependent Relatives and Leave to Remain: A Glimmer of Hope?

Posted on March 11, 2016 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

The Secretary of State for the Home Department v Begum [2016] EWCA Civ 122 (03 March 2016) The inception of the new rules meant that in-country dependent relative applications were abolished so that net migration could be reduced to the … Continue reading →

Posted in Appendix FM, Article 8, Court of Appeal, Dependants, Families, Immigration Rules, India, Pakistan, Proportionality | Tagged , , , , , | Leave a comment

Immigration Rules Changed Again

Posted on November 30, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Yet another set of changes in the immigration rules is around the corner and most of these will enter into force on 13 December 2012. To this end, Statement of changes in Immigration Rules HC 760 envisages a plethora of … Continue reading →

Posted in Dependants, Immigration Rules, PBS, Settlement, UKBA 2007 | Tagged , , , , | 1 Comment

Alvi: The Aftermath …

Posted on July 22, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

In the wake of the Alvi [2012] UKSC 33 judgment, a new Statement of Changes in Immigration Rules CM8423  (“the statement”) came into force on 20 July 2012. Weirdly, the statement – spanning an overwhelming 288 pages – also corrects cross-referencing errors in Appendix … Continue reading →

Posted in Alvi, Article 8, Dependants, Exceptional Talent, Immigration Rules, Tier 1, Tier 2 | Tagged , , , | 2 Comments

Family Migration and Article 8’s New Dress

Posted on June 16, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Theresa May’s rabid immigration policies are no secret and the government is changing the Immigration Rules yet again. It is the eighteenth statement of changes in the Immigration Rules to be announced by the Home Office since the present government … Continue reading →

Posted in Article 8, Dependants, Immigration Rules, Judges, Proportionality, Settlement | Tagged , , , , , | 7 Comments

President Blake blasts postal payments

Posted on April 8, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Basnet (validity of application – respondent) Nepal [2012] UKUT 113 (IAC) (04 April 2012) A very large number of immigration applications are made in the post. In this important case the Upper Tribunal (President Blake and Judge Macleman) found that … Continue reading →

Posted in Appeals, Cases, Dependants, Fees, Notices, Students, Tier 4, Tribunals | Tagged , , | Leave a comment

Case Comment: SI (variation/curtailment – human rights ground) Pakistan [2011] UKUT 00118 (IAC)

Posted on June 3, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

This brief case makes a hulking legal point. Moreover, it illustrates the games which the UKBA “plays” with the objects of its control. Although the outcome was not in favour of SI (the appellant), the case is quite valuable because … Continue reading →

Posted in Article 8, Dependants, East African Asians, Families, Immigration Rules, Kenya, Pakistan, Removals, Sedley LJ, Settlement, SQVS, Tribunals, UKBA | Tagged , , , , , , , , , | Leave a comment

New student rules

Posted on March 26, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

As I entered the UK in the year 2000 under paragraph 57 of the immigration rules (as they were then in force), I could not resist writing about the changes to the immigration rules with respect to students. In the … Continue reading →

Posted in Article 8, Dependants, PBS, Tier 1, Tier 4, UKBA | Tagged , , , | 1 Comment

New English tests are here

Posted on November 29, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Via statement of changes to the rules CM 7944 the home secretary has introduced English language tests for spouses from today. This change will affect applications made by spouses, civil partners, unmarried partners, same-sex partners, fiancé(e)s and proposed civil partners who are involved with … Continue reading →

Posted in Article 8, Dependants, English Tests, European Union, Immigration Law, Settlement, Spouses, UKBA | Tagged , , , , , | Leave a comment

Tier 1 (General) deleted and more

Posted on November 25, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Despite not having a policy on EU migration the home secretary has proceeded to do what empire does best. Step on the have nots, the Indians, Pakistanis and Bangladeshis because empire is used to it. Equally citizens of these poor … Continue reading →

Posted in Article 8, Dependants, Entrepreneurs, Immigration Cap, Immigration Rules, PBS, Tier 1, Tier 2, UKBA, Uncategorized | Tagged , , , , , , | Leave a comment

New UKBA fees

Posted on November 19, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

From  Monday 22 November the UKBA will introduce new application fees for applications for entry clearance (0verseas) and further leave to remain (in country)  for work, study or other purposes. The Agency is charging fees by setting them above the cost of … Continue reading →

Posted in Biometric Cards, Business, Dependants, Economy, Employment, Fees, Immigration Cap, Immigration Law, Immigration Rules, PBS, Post Study Work, Settlement, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , | Leave a comment

English language tests for dependants

Posted on November 17, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Changes in the immigration rules laid before Parliament in October 2010 will be introduced on 29 November 2010. From then on all dependants except those in the Points Based System will have to show competence in English at level A1 of … Continue reading →

Posted in Article 14, Article 8, Bangladesh, Dependants, ECHR, Employment, English Tests, Immigration Law, Immigration Rules, India, Pakistan, PBS, Settlement, Spouses, UKBA | Tagged , , , , , , , , , | Leave a comment

Immigration cap faces judicial review challenge

Posted on November 12, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

The Coalition government introduced the immigration cap on 28 June 2010. The Joint Council for the Welfare of Immigrants (JCWI) has reported that it will challenge the cap in the High Court by way of JR proceedings. The JCWI’s response to the cap … Continue reading →

Posted in Article 8, Business, Dependants, ECHR, Economy, Employment, Immigration Cap, Immigration Law, Immigration Rules, Judicial Review, Overseas Clients, Overseas Workers, Pankina, PBS, Settlement, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , , , | Leave a comment