Category Archives: Spouses

High Court orders summary return of child to Pakistan

C (A Child: Summary Return to Pakistan), Re [2025] EWHC 1427 (Fam) (04 March 2025) In this case, Nicholas Stonor KC granted the mother’s application for the summary return to Pakistan of a young boy, A, who was aged 17 … Continue reading →

Posted in Appendix FM, Child Abduction, Children, Hague Convention, Pakistan, Return Order, Spouse visa, Spouses | Tagged , , , , , | Leave a comment

White Paper: Restoring Control over the Immigration System

Restoring Control over the Immigration System (May 2025, CP 1326) sets out the case for reducing net migration. But this an ambitious goal which successive governments have failed to achieve. Sir Keir Starmer, the Prime Minister, conveniently accuses the previous … Continue reading →

Posted in Article 8, Asylum, British Citizenship, Deportation, Employment, Enforcement, Immigration Rules, Settlement, Shortage Occupation List, Spouses, Students | Tagged , , , , , | Leave a comment

High Court interprets section 4L of the BNA 1981

R (APD) v Secretary of State for the Home Department [2025] EWHC 246 (Admin) (07 February 2025) The High Court (Aidan Eardley KC) dismissed these proceedings but held that the words “would have become” in section 4L(1) of the British Nationality Act … Continue reading →

Posted in British Nationality Act 1981, Citizenship and Nationality, Exceptional Circumstances, High Court, Historic Injustice, Permanent Residence, Section 4L, Spouses | Tagged , , , , | Leave a comment

Notice of curtailment emailed eight months earlier upheld as lawful

Escobar v Secretary of State for the Home Department [2024] EWHC 1097 (Admin) (10 May 2024) Sheldon J held in this case that Mr Marco Antonio Escobar, a Bolivian national who had leave to remain in the UK on the … Continue reading →

Posted in Curtailment, Immigration Rules, Judicial Review, Notices, Spouse visa, Spouses | Tagged , , , , | Leave a comment

HC 590: Changes to MIR, Skilled Worker and other rules

Statement of Changes in the Immigration Rules HC 590 introduces much higher new minimum income requirements (MIR) which were announced by the Home Office on 4 December 2023 in what the Home Secretary James Cleverly called his “five-point plan” to reduce … Continue reading →

Posted in Appendix EU, Appendix FM, Article 8, ECHR, Immigration Rules, MIR, Settlement, Skilled Worker, Spouses | Tagged , | Leave a comment

Appendix FM and changes of £29,000 and £38,700 to MIR

“MIR”, an acronym for “Minimum Income Requirement”, has become a menacing buzzword in the hostile world of UK immigration law which is required as annual income to sponsor a spouse. From 11 April 2024, MIR will be increased from £18,600 … Continue reading →

Posted in Appendix FM, Article 8, Immigration Rules, Spouses, UKSC | Tagged , , , , | Leave a comment

DVILR breaches Article 14 of the ECHR 

AM, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 2591 (Admin) (14 October 2022) In these judicial review proceedings, Lieven J held that Appendix FM, specifically the Domestic Violence Indefinite Leave to Remain … Continue reading →

Posted in Appendix FM, Article 14, Children, Domestic Violence, ILR, Immigration Rules, Judicial Review, Karachi, Pakistan, Spouses, TMA, UKSC, Women | Tagged , , , , , | Leave a comment

Court of Appeal: De facto adoption rules seem to be irrational

R (AK & Ors) v The Entry Clearance Officer (Islamabad) & Anor [2021] EWCA Civ 1038 (09 July 2021) In these proceedings concerning an application for permission to appeal, the court commented, but it did not decide, that there is … Continue reading →

Posted in Adoption, Adoption Convention, Afghan War, Appeals, Article 14, Article 8, Asylum, Children, Court of Appeal, ECOs, Entry Clearance, Families, Immigration Rules, Judicial Review, Refugee Convention, Settlement, Spouses, Tribunals | Tagged , , , , , , , , , , | Leave a comment

Jamaican father of four British children wins in Court of Appeal

KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 (28 October 2020)  The Court of Appeal has held that FTTJ Gurung-Thapa had not erred in law by allowing a foreign criminal’s deportation appeal when she … Continue reading →

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Jamaica, Public Interest, s 55 BCIA, Spouses, Tribunals, UKBA | Tagged , , , , , , , , | Leave a comment

High Court of Sindh on Pakistan and the Hague Convention

The case of Mst Farhat (Petitioner) v Umair Hanif Ghanchi and Others (Respondents) 2019 CLC 1311 Sindh is an early example of the High Court of Sindh grappling with the issues connected to the Hague Convention on the Civil Aspects of … Continue reading →

Posted in Child Abduction, Children, Dubai, Family Court, Hague Convention, International Law, Interpol, Islam, Karachi, Pakistan, Spouses | Tagged , , , , , , | Leave a comment

Court of Appeal clarifies asylum bars in child abduction cases

G (A Child: Child Abduction) [2020] EWCA Civ 1185 (15 September 2020)  The Court of Appeal has held that Lieven J (the High Court Judge) had been wrong to stay proceedings on the basis that there was a bar to … Continue reading →

Posted in Article 8, Asylum, Child Abduction, Children, Court of Appeal, ECHR, Families, Habitual Residence, Hague Convention, High Court, Immigration Rules, International Law, Lady Hale, Pakistan, Refugee Convention, Removals, South Africa, Spouses, UKSC | Tagged , , , , , , , , , , , | Leave a comment

Court of Appeal reviews the meaning of “unduly harsh”

HA (Iraq) v Secretary of State for the Home Department [2020] EWCA Civ 1176 (04 September 2020)  The appeals of HA and RA, both Iraqis, concerned the terms of Part 5A of the Nationality, Immigration and Asylum Act 2002 (especially … Continue reading →

Posted in Article 8, Asylum, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, ECHR, Families, Immigration Rules, Iraq, Lady Hale, Parliament, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC | Tagged , , , , , , , , , , , | Leave a comment

How do Pakistani courts approach child abduction cases?

What can be said about the approach taken by the Pakistani courts in child abduction cases? Little is known about this topic and of course since Pakistan is a new entrant to the Hague Convention on the Civil Aspects of … Continue reading →

Posted in Child Abduction, Children, Families, Forced marriage, Guardianship, Hague Convention, Islam, Lahore High Court, Muslims, Pakistan, Racism, Scotland, Spouses | Tagged , , , , , , | Leave a comment

Court of Appeal on Nikah and non-qualifying ceremonies

HM Attorney General v Akhter & Ors [2020] EWCA Civ 122 (14 February 2020)  This was an important judgment which was given earlier in the year. The Court of Appeal held that an Islamic ceremony of marriage which was not … Continue reading →

Posted in Article 12, Article 8, Divorce, ECHR, Families, Family Court, Human Rights Act, Islam, Nikah, non-marriage, Pakistan, Spouses, UKSC | Tagged , , , , , , , | Leave a comment

Mother of British child fails on Chikwamba and Zambrano

Younas (section 117B(6)(b); Chikwamba; Zambrano) [2020] UKUT 129 (IAC)(24 March 2020)  Chikwamba [2008] UKHL 40 and Zambrano (C-34/09, EU:C:2011:124) were landmark cases. The Chikwamba principle is that there is no public interest in removing a person from the UK in … Continue reading →

Posted in Appendix FM, Article 8, Asylum, Children, CJEU, COVID-19, ECHR, European Union, Human Rights Act, Immigration Rules, Judges, Pakistan, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment

Domestic violence claim is not a human rights claim 

MY (refusal of human rights claim: Pakistan) [2020] UKUT 89 (IAC) (27 February 2020)  This decision brings further detriment to applicants relying on the domestic violence rules to obtain leave to remain. The result is that the Home Office can … Continue reading →

Posted in Appeals, Appendix FM, Article 3, Article 8, COVID-19, Domestic Violence, ECHR, Hostile Environment, Human Rights Act, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Settlement, Spouses, Tribunals | Tagged , , , , , , | Leave a comment

Changes in the Immigration Rules: Key Features of HC170

Statement of changes to the Immigration Rules HC 170 amends the Immigration Rules to reflect changes required if the UK leaves the EU without a deal. The changes affect EU, other EEA and Swiss citizens, and their family members. In order … Continue reading →

Posted in Appendix EU, Brexit, Crime, Deportation, European Union, EUSS, Families, Free Movement, Immigration Rules, Spouses, Turkey | Tagged , , , , | Leave a comment

Stranded Sri Lankan father wins on Article 8 in Court of Appeal 

UT (Sri Lanka) v The Secretary of State for the Home Department [2019] EWCA Civ 1095 (26 June 2019) Floyd and Coulson LJJ have provided an outline of the proper approach that the Upper Tribunal should take as regards immigration … Continue reading →

Posted in Article 8, Children, Court of Appeal, ECHR, Entry Clearance, False Statements and Misrepresentations, Families, Immigration Rules, Lady Hale, Proportionality, Public Interest, Settlement, Spouses, UKSC | Tagged , , , , , , , | Leave a comment

Upper Tribunal’s view of ‘unduly harsh’ and ‘very compelling circumstances’ tests in section 117C after KO (Nigeria)

In RA (section 117C: “unduly harsh”: offence: seriousness) Iraq [2019] UKUT 123 (IAC) together with MS (section 117C(6): “very compelling circumstances”) Philippines [2019] UKUT 122 (IAC) which were heard consecutively, the Upper Tribunal considered how section 117C (article 8: additional considerations in cases … Continue reading →

Posted in Article 8, Asylum, Children, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Immigration Rules, Iraq, Precariousness, Proportionality, Public Interest, Settlement, Spouses, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Deemed Paternity and Discrimination: Section 50(9A) of the British Nationality Act 1981 is Incompatible with the ECHR

K (A Child) v The Secretary of State for the Home Department [2018] EWHC 1834 (Admin) (18 July 2018) Importantly, the Administrative Court has recently held that the scheme in section 50(9A) of the British Nationality Act 1981 which deemed … Continue reading →

Posted in Article 14, Article 8, Children, Citizenship and Nationality, ECHR, Hostile Environment, Human Rights Act, Judicial Review, Spouses, UKSC | Tagged , , , , , , , | 1 Comment