Home Office relief for stroke victim family

Last week, we discussed the case of the Waterman family. Simon Waterman, a British citizen, had suffered a life-altering stroke, but the needs of Mr Waterman and his two children did not to the Home Office constitute “exceptional circumstances” in respect of Mrs Waterman’s application for further leave to remain. Shortly after the article was published, there was good news: Thanks @AmberRuddHR for making the right call. Now will you can meet with us to discuss why countless other families have been ripped apart? pic.twitter.com/86hBAWivbP — JCWImmigrants (@JCWI_UK) October 20, 2017 Dias Solicitors tell us that “Mrs Waterman was visited by her local MP today [Friday 20 October] and told…

23rd October 2017 By Conor James McKinney

Home Office: a stroke is not “exceptional circumstances”

An ex-soldier who struggles to walk, speak or perform basic household tasks following a stroke has been told that he must look after his children without their Philippine national mother because these do not constitute “exceptional circumstances” in the eyes of the Home Office. Simon and Leah Waterman returned to the UK from the Philippines in 2015 following the stroke. Mr Waterman is a British citizen, as are the couple’s two children. Ms Waterman entered on a visit visa, and subsequently made a human rights application for further leave to remain. Her application was turned down on the basis of the initial overstay. Generally, a spouse in this position will have…

20th October 2017 By Conor James McKinney

Why is the Home Office separating a British man from his wife when she is still breastfeeding their daughter?

This week the story of Dan Newton and his family has hit the newspapers. This post explains why the Home Office has acted as it has. It is not a mistake. Since harsh new rules were introduced in 2012, UK immigration policy does not usually allow British citizens working abroad to return to the UK if they have a foreign spouse. In effect, British citizens are exiled from their own country if they marry abroad. The Independent reports that Mr Newton is British and is married to Carla Zamora, an Ecuadorian citizen. They have three children together. All the children are British citizens. Mr Newton and his wife lived together…

16th October 2017 By Colin Yeo

Alternative options for EU partners: making an application under Appendix FM

Now that the election manifestos have been officially published we have an indication what Labour and Conservative have planned for EU nationals living in Britain. While the Labour manifesto confirmed a pledge to immediately guarantee existing rights for all EU nationals living in Britain the polls continue to point to a Conservative win, with a manifesto that does not guarantee existing rights but seeks to ‘secure entitlements’. This wording suggests those who have yet to establish a “right of residence” will not be covered by the Conservative pledge. In EU law, any EU national has the right of admission to another Member State and can physically remain in that Member…

31st May 2017 By Chris Desira

Outcome of MM minimum income case in Court of Appeal

UPDATE: see report of Supreme Court judgment here. 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…

11th July 2014 By Colin Yeo

Anniversary of new immigration rules

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…

10th July 2014 By Colin Yeo

Financial year for Appendix FM

In Hameed (Appendix FM – financial year) [2014] UKUT 00266 (IAC) the Upper Tribunal has no hesitation in finding that it is the tax year that applies when calculating income, not a business’ own accounting year. No actual reasons are discernible as such.

18th June 2014 By Colin Yeo