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Appendix FM Immigration Rules Change

Appendix FM Immigration Rules Change is somewhat confusing even for the legal practitioners and the Home Office case working unit. In light of The Supreme Court judgment in MM (Lebanon) & Others v SSHD [2017] UKSC 10, which required that, in circumstances where refusal of the application could otherwise breach ECHR Article 8, Home Office must take into account other credible and reliable sources of earnings or finance available to a couple in considering whether they meet the minimum income requirement under Appendix FM. The test is applied whereby Appendix FM Immigration Rules change give “direct effect” to the Secretary of State’s existing duties under section 55 of the Borders, Citizenship and Immigration Act 2009 and Article 3 of UN Convention on the Rights of the Child, to take into account, as a primary consideration, the best interests of a child affected by an immigration decision. The Supreme Court judgment in Agyarko & Ikuga v SSHD [2017] UKSC 11, which upheld the Secretary of State’s approach in applying a test of “unjustifiably harsh consequences” for the applicant or their family in deciding (in a case falling for refusal under the Immigration Rules) whether exceptional circumstances existed such that refusal of leave...

Surrogacy and the Immigration Rules

Surrogacy and the Immigration Rules is an interesting relationship. Surrogacy is a word that covers a variety of situations where, for whatever reason, a woman carries and bears a child on behalf of someone else. The woman who carries and bears the child is the “surrogate mother”. However, she can do this without being genetically related to the child. The sperm and egg necessary to create the embryo can come from donors and the embryo can be implanted into her. In such circumstances any resulting child may have no genetic connection with the surrogate mother or her husband, (if she has one). This is a complex part of both family and immigration law, you should seek specialist legal advice. ICS Legal handles these applications, and our legal team can be contacted on 0207 237 3388 or you can email our team with your full matters on info@icslegal.com.  It is vital to remember that no matter what the genetic make-up of the child, UK law sees the woman who carries and bears the child as the legal mother. If she is married at the time of her artificial insemination or the implantation of an embryo, UK law will see her husband as the...

Applying for First-tier Tribunal bail

Applying for First-tier Tribunal bail process is different to the way in which the Home Office deals with the matter. An application for bail to the First-tier Tribunal should be made on the bail form. It should be sent by the applicant or their representative to the First-tier Tribunal hearing centre nearest to where the applicant is detained. Getting legal advice is vital once a person is detained. You can contact our Immigration Lawyers on 0207 237 3388 or email us on info@icslegal.com. You can complete our call back service and one of our Lawyers will call you back immediately including weekends. Click here to complete our contact form.  The First-tier Tribunal are then responsible for listing a bail hearing when they have received an application for bail. They aim to list a bail hearing within 3 days of an application being received by them. If an application is received by them after 3.30pm it is treated as having been received on the following working day. Bail summary The bail summary produced by the caseworker contains: the applicant’s personal details; the criteria considered for detention; details of any Financial Condition Supporter; a full immigration history and chronology; the reasons for opposing bail;...

BC v Secretary of State for the Home Department [2017] CSOH 83

OUTER HOUSE, COURT OF SESSION [2017] CSOH 83 P1222/16 OPINION OF LADY SCOTT In the Petition by B.C. Petitioner against SECRETARY OF STATE FOR THE HOME DEPARTMENT Respondent Petitioner: Winter; Drummond Miller LLP Respondent: Smith; Office of the Advocate General 2 June 2017 Introduction [1] This is a petition seeking reduction of a decision of the Secretary of State for the Home Department to refuse to treat further submissions in a human rights claim as a fresh claim. [2] The further submissions were based upon the petitioner's family life, in particular his dependency on his family in the United Kingdom whereby his rights under Article 8 of the European Convention of Human Rights (ECHR) would be engaged and his removal would constitute a disproportionate interference in those rights. Background of the Claim [3] The petitioner is Chinese. He was born on 21 July 1990. He arrived in the United Kingdom on 17 October 2010 and claimed asylum on 27 October 2010. His asylum claim was refused on 12 November 2010 and his appeal against that decision was refused on 24 November 2010. He then lodged further submissions and additional further submissions the latter of which were the subject of the...

Adult dependent relatives change in policy law

Adult dependent relatives remains one of the most complex immigration based application and at the time of writing this, there has been no significant changes to the Immigration Rules. The purpose of this route is to allow a non-European Economic Area (non-EEA) national adult dependent relative (ADR) of: a British Citizen in the UK; a person settled in the UK; or a person in the UK with refugee leave or humanitarian protection. The policy intention behind the ADR Rules is, firstly, to reduce the burden on the taxpayer for the provision of NHS and local authority social care services to ADRs whose needs can reasonably and adequately be met in their home country; and, secondly, to ensure that those ADRs whose needs can only be reasonably and adequately met in the UK are granted immediate settled status (where their sponsor has this or is a British Citizen) and full access to the NHS and local authority social care services. This is intended to avoid creating a disparity between ADRs depending on their wealth and that of their sponsor, and to give those ADRs who qualify certainty about their long-term status in the UK. Where the applicant does not meet the...