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Banger (Unmarried Partner of British National) [2017] UKUT 00125 (IAC)

Upper Tribunal (Immigration and Asylum Chamber) Banger (Unmarried Partner of British National) [2017] UKUT 00125 (IAC) THE IMMIGRATION ACTS Heard at Field House On 13 April 2016 Further submissions completed 22 May 2016 Decision promulgated on: 30th March 2017 Before THE PRESIDENT, THE HON. MR JUSTICE MCCLOSKEY DEPUTY UPPER TRIBUNAL JUDGE RIMINGTON Between THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Appellant and ROZANNE BANGER (ANONYMITY DIRECTION NOT MADE) Respondent Representation For the Respondent: Mr A Metzer QC and Ms S Saifolahi (of counsel), instructed by Breytenbachs Immigration Consultants For the Appellant: Mr P Deller, Senior Home Office Presenting Officer The Upper Tribunal has referred the following questions to the CJEU for a preliminary ruling under Article 267 TFEU: (1) Do the principles contained in the decision in Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department (Case C-370/90) [1992] operate so as to require a Member State to issue or, alternatively, facilitate the provision of a residence authorisation to the non-Union unmarried partner of a EU citizen who, having exercised his Treaty right of freedom of movement to work in a second Member State, returns with such partner to the Member State of his nationality? (2)...

How long can a sponsored student stay in the UK?

How long can a sponsored student stay in the UK? The period of leave given to a successful Tier 4 applicant is based on the length of their course. We will calculate the length of the course using the start and end dates you put on the CAS. If a student receives government or other official financial sponsorship, we will limit their permission to stay in line with any requirements the sponsor specifies. 5.52 A Tier 4 (General) student is allowed to spend no more than two years studying in the UK below RQF 6 or SCQF 9 (i.e. studying courses below degree level) . The two year limit does not apply if the Tier 4 (General) student is applying to study a course at below degree level, having never studied as a Tier 4 (General) migrant in the UK before, and applies for leave to study a 3-year course which is subject to a regulatory requirement by the Maritime and Coastguard Agency that they must spend at least 12 months at sea (see Annex C for list of recognised courses). In these cases, a Tier 4 (General) 39 student is allowed to spend no more than three years studying...

Naturalisation as a British citizen by discretion – changes published on August 2017

Naturalisation as a British citizen by discretion. A person may be granted a certificate of naturalisation under section 6 (1) of the British Nationality Act if, the applicant: is at least 18 years old; is of full capacity; meets the residence requirements or is serving outside the UK in Crown Service under the government of the UK; is of good character; has sufficient knowledge of English, Welsh or Scottish Gaelic language, and can provide the required evidence to support this; has sufficient knowledge of life in the UK and provides the required evidence to support this; if successful, intends to have their main home in the UK or enter into or continue in any of the following: o Crown service under the government of the UK o service under an international organisation of which the UK or the UK government is a member o service in the employment of a company or association established in the UK. Full capacity is defined in section 50(11) of the British Nationality Act 1981 as being ‘not of unsound mind’. It is not further defined in the act, but the requirement can be regarded as having been satisfied if the standard set out below...

Exceptional circumstances – what does the new changes mean since 10th August 2017

Exceptional circumstances. Where such exceptional circumstances exist, the decision-maker must go on to consider whether the minimum income requirement is met if other credible and reliable sources of income, financial support or funds available to the couple are taken into account. Those sources, and matters to which the decision maker should have regard when assessing their genuineness, credibility and reliability, are set out in paragraph 21A of Appendix FM-SE. The threshold of such exceptional circumstances (which must be met before other credible and reliable sources of income, financial support or funds can be taken into account) is a high one. Where the decision-maker is satisfied, based on the information provided by the applicant, that there are exceptional circumstances which could render refusal of the application a breach of Article 8, the decision-maker should consider whether the applicant has provided evidence of ability to meet the minimum income requirement through other sources. If the applicant has not already done so, the decision-maker should contact the applicant (or their legal representative) in writing requesting that they provide information and evidence in writing of any other credible and reliable source(s) of income, financial support or funds available to the couple which enables the minimum...

A2 English language requirement for the family route – key updates following Aug 2017 changes

The new A2 English language requirement for non-EEA national partners and parents applying for further leave to remain on the family route have been introduced from 1 May 2017. It will apply to those required to apply for further leave to remain on a 5-year route to settlement as a partner or parent on or after that date. This statement of intent provides details about the new requirement, the speaking and listening qualifications which applicants can use to meet it, the approved tests available and the exemptions which will apply. This government wants to remove the barriers that stop women from participating in the workforce. Improved English skills for migrants on the family route will help us move closer to this goal as well as making it easier for families to access vital public services and enabling parents to support their children’s education. The new A2 requirement will also support progression towards the B1 English language requirement at the settlement (ILR) stage, helping to ensure that migrants seeking to settle in the UK as a partner or parent are improving their language skills throughout the 5-year probationary period. All applicants applying for further leave to remain in the UK under Appendix...