Archives For July 2012 changes

Pound Coins by William Warby
[Scroll to bottom for updates]

The judgment is now out in the long awaited case of MM v Secretary of State for the Home Department [2014] EWCA Civ 985, the test case challenging the minimum income threshold for spouses wishing to enter the United Kingdom. The Court of Appeal has allowed the Secretary of State’s appeal. This is terrible, heartbreaking news for those families forced apart by the rule. An appeal to the Supreme Court will be attempted, but it will be many months until any outcome is known.

For previous coverage here on Free Movement, including the previous judgment, see here.

What follows is just an initial reaction on reading the judgment. I will update if anything further occurs to me.

Continue Reading…

Divided family demonstration

Yesterday was the two year anniversary of the harsh new immigration rules introduced on 9 July 2012. Tomorrow comes the Court of Appeal decision in the challenge to the spouse minimum income threshold.

The effects of these rules are really beginning to bite: much misery has been caused by family separation. Spouses are kept apart or exiled to another country, children are deprived of a parent and grandparents are left lonely, isolated and suffering while their children can only watch helplessly from afar.

All from the government that David Cameron said he wanted to be the most family friendly in history.

There were several events yesterday, including a demonstration outside the Home Office and the release by JCWI and BritCits of a new report on the adult dependent relative rules (covered here on FM). The full report can be read here and includes thanks to readers of this blog who contributed to it. Continue Reading…

3,641 families put on hold

The Home Office has updated its statistics on the number of families with pending applications separated by the £18,600 minimum income threshold for spouses. At the end of December 2013 it was 3,014. At the end of March it stood at 3,641. That is a LOT of separated families and an almost unimaginable amount of anguish. All caused by the Government David Cameron said in Opposition he wanted “to be the most family friendly Government we’ve ever had in this country and that is about everything we do to support families and it’s about supporting every sort of family.”

Judgment in the MM case will be soon. But there will almost certainly be an appeal to the Supreme Court by whichever side loses, so the misery will continue.

Update on Haleemudeen vs Edgehill

Free Movement write up and prediction here.

And an update from Paul Richardson, Counsel for Mr Haleemudeen: Continue Reading…

limbodanceparty

There can be few immigration practitioners who do not presently encounter decisions in relation to applications made on the basis of peoples’ private and family life which do not carry the right of appeal. In recent years the prevailing tendency has become to segregate decisions, where the applicant is an overstayer or illegal entrant, such that refusals to vary leave to remain are made without further steps to enforce removal, leaving migrants without an appealable immigration decision which would gain them access to a merits appeal in the First-tier Tribunal (because overstayers do not enjoy the right of appeal given section 82(2)(d) of the Nationality Immigration and Asylum Act 2002, and absent any duty to make speedy removal directions when refusing applications, see Daley-Murdock [2011] EWCA Civ 161). Numerous considerations arise in these cases as to the remedies available and their scope. Continue Reading…

Royal Courts of Justice

UPDATE:

The facts of Haleemudeen v Secretary of State for the Home Department [2014] EWCA Civ 558 reveal another of those “undesirable” migrants the Home Office is so keen to remove:

Mr Haleemudeen is the Assistant Manager of a Tesco Express store in Whitechapel. His wife is a part-time student and hopes to become a nursery school teacher. The couple have made many good friends in this country and Mr Haleemudeen undertakes charity work for the Sri Lankan Muslim community of east London. One of the children has been here since she was 21 months old and the other was born in this country. They are settled in school and have friends. The eldest daughter, who is being treated for asthma, is doing well at school.

On top of that, Mr Haleemudeen’s wife was accepted to be “an asset to her community” and it was accepted that all the children had ever known was their life with their parents in the United Kingdom and that neither child spoke good Tamil. Continue Reading…

autumn leaves by billy liar

When the Immigration Rules for families were changed in July 2012, it was the minimum income threshold that rightly attracted the most attention. It has caused huge misery and has divided many loving families, sometimes separating children from parents. It is particularly harsh because the income threshold is set so far in excess of the national minimum wage that many working families simply cannot afford to live together in the UK: no matter how many hours they work, they will never, ever qualify. It is heartbreaking.

Less attention has been paid to an equally severe change to the rules on ‘adult dependent relatives’: normally, the foreign national elderly parents of a settled person or naturalised British citizen. Continue Reading…

The Eve of the Battle of Edge Hill, 1642 (Charles Landseer, 1799 - 1879)

The Court of Appeal has in the case of Edgehill & Anor v Secretary of State for the Home Department [2014] EWCA Civ 402 settled the question of whether the new human rights rules introduced on 9 July 2012 apply to applications made before that date: they do not. Specifically, it is unlawful to apply rule 276ADE on long residence to applications that were already outstanding at the date the new rule came into force. Continue Reading…