All Articles: Spouses

3,014 families put on hold by Home Office

This is while the Home Office, judges and lawyers battle the harsh spouse minimum income threshold through the courts. For an idea of the human misery this is causing, see the distressing comments on this blog here, here and here. ...

12th March 2014 By

Spouse visa minimum income case heard last week

UPDATE: Outcome now known and reported here. Last week the Court of Appeal heard the Home Office appeal in the spouse visa minimum income case. The judges heard argument over two days and did not give a decision there and then. The timescale for a dec ...

11th March 2014 By

The Importance Of Being Genuine

Around 3,000 couples in England and Wales will tie the knot tomorrow (Saturday 15 February). According to a Home Office guestimate between 48 and 123 of these marriages will be ‘sham’, which is to say they will not be ‘genuine and subsisting’ ...

14th February 2014 By

Soldiers to be separated from spouses and children by new rules

Newly introduced Immigration Rules (Statement of Changes HC 803) due to take effect on 1 December 2013 will end a concession for family members of members of the armed forces, forcing many such families to separate if the soldier is stationed to the ...

20th November 2013 By

Update on Home Office appeal against spouse minimum income judgment

I’ve had quite a few queries asking for updates on the spouse minimum income case, MM & Ors v Secretary of State for the Home Department [2013] EWHC 1900 (Admin). The challenge to the rules essentially succeeded in the High Court but the H ...

28th October 2013 By

Stranded spouses: a convenient form of child abduction

Child abduction is a criminal offence. It requires covert departure from the UK to another country, and from the abductor’s point of view preferably one that is not in Europe, not a signatory to the Hague Convention and that does not have a bila ...

24th October 2013 By

Divided families video

Fantastic video by Maryam Tafakory about the effect of the minimum income rule for spouses. Hat tip to Migrants Rights Network. ...

31st July 2013 By

A long time to be separated

My client today applied for a spouse visa in May 2012. A refusal was eventually issued in November 2012. The appeal took place today, 14 months after the application and 8 months after the refusal. The hearing took 20 minutes and it was allowed there ...

30th July 2013 By

Hope for Families Divided by the Income Threshold

Last week Monday, I represented a married couple in the husband’s immigration appeal in the First-Tier Tribunal instructed by Yomi Oni-Williams of Owens Solicitors.  I have the couple’s consent to write this post although there is no need for me ...

22nd July 2013 By

High Court finds minimum income rules disproportionate and unjustified

Almost exactly a year after they were first introduced, Mr Justice Blake sitting in the High Court has in a lengthy, complex and very carefully considered judgment found that the controversial immigration rules requiring a minimum income of at least ...

5th July 2013 By

New UKBA announcement on the English language requirements

As we saw yesterday, the topic of English language is de rigueur at the moment. Last week, the UKBA also announced in its April 2013 Statement of Intent that the government is planning changes to the Immigration Rules in relation to the English langua ...

16th April 2013 By

The Court of Appeal’s judgment in Chapti/Bibi on pre-entry English tests

It has been over a year since the High Court heard a challenge to the introduction of pre-entry English language tests for spouses and partners (and fiancés and proposed civil partners). It was argued in Chapti & Ors, R (on the application of) v ...

15th April 2013 By

More changes to the Immigration Rules

Two Statements of Changes to bring to your attention, HC1038 and HC1039. On Monday 1 April 2013, HC1038 came into effect and can be viewed here. Far weightier are the changes contained in HC1039 which will be brought into force on Saturday 6 April 201 ...

4th April 2013 By

More on pre-entry English language challenge

In his judgment in the case of R (On the Application Of Bhavyesh & Ors) v Secretary of State for the Home Department [2012] EWHC 2789 (Admin) Blake J has dismissed the latest attempt to challenge the requirement that foreign spouses learn Engli ...

18th October 2012 By

New Statement of Changes – sigh…

Yes another Statement of Changes – HC 565 –  has been laid and (hold your breath), most of it comes into force… today!  I am grateful to Alison Harvey at ILPA, whose hard-work is truly immeasurable:  an e-mail was sent out at 11p ...

6th September 2012 By

A case of tough love

In June 2012 human rights organisation Liberty issued a briefing on the proposed changes to the Immigration Rules on spouses and partners and introduction of a minimum income threshold. The old rule required that spouses and partners show they had &# ...

8th August 2012 By

The Case of the Lost Prerogative

View image | gettyimages.com The judgments The judgments in Munir [2012] UKSC 32 and Alvi [2012] UKSC 33 are perhaps the most important in immigration law since the Immigration Act 1971 was passed. The Supreme Court holds that the ancient royal prerog ...

18th July 2012 By

Pankina upheld by Supreme Court

[UPDATE: for more analysis see new post The Case of the Lost Prerogative] This is huge news in immigration law: the Supreme Court has dismissed the Home Office appeal in Alvi [2012] UKSC 33, upholding the earlier Court of Appeal judgment in Pankina. T ...

18th July 2012 By

New Statement of Intent on family migration

Fresh off the press is the Government’s Statement of Intent: Family Migration which proposes not just to change but to direct the way in which the UKBA and Courts decide Article 8 cases. FM has recently discussed whether it is legally permissible to ...

13th June 2012 By

Can reducing immigration be a legitimate aim in human rights law?

It has been announced that a minimum income threshold will be introduced for foreign spouses to be eligible to come to or remain in the UK. The level will be set at £18,600 for those without children and at higher levels for those with children. In d ...

11th June 2012 By

Marriage and validity and ‘subsisting’

A couple of cases on marriage were recently decided in the Family Division and are worth reporting here as they could have a bearing on immigration cases where the validity of a marriage is significant in some way. The first of the cases might also be ...

18th April 2012 By

Happy Valentine’s Day!

The BBC’s Inside Out Yorkshire programme ran a  story tonight on sham marriages, trailed in a BBC News item the day before. There are six days left to watch the programme on iPlayer if for some reason you would like to see it. As with Team UK B ...

14th February 2012 By

New case law on meaning of genuine and subsisting marriage

Several important new cases have just emerged on the subject of marriage and the immigration rules for spouses. They all deal with the evidence and burden of proof in such cases. The President of the Upper Tribunal’s Immigration and Asylum Chamb ...

7th February 2012 By

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