This case concerned a challenge by way of Judicial Review of the legality of paragraph 319C(h)(i) of the Immigration Rules. This requires those who are applying for leave to remain as the partner of a relevant Points Based System (‘PBS’) Migrant to have, or have last been granted, leave to remain as the partner of a PBS Migrant.
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The Court of Appeal has dismissed an appeal by two women who were challenging the lawfulness of a section of the Government’s family Immigration Rules.
English language requirements
Mrs Saiqa Bibi and Mrs Saffana Abdulla Mohammed Ali had raised a legal challenge against a rule requiring spouses and partners to demonstrate a basic knowledge of the English language before they are granted a visa to enter or remain in the UK.
This requirement was introduced by the Government on 29th November 2010 and applies to people who are:
The Chief Inspector of Borders and Immigration has recently published a report examining the efficiency and effectiveness of the Agency’s handling of marriage and civil partnership applications, with a particular focus on the extent to which a consistent approach was adopted overseas and in the UK.
...From 9th July 2012, anyone applying for the first time as a spouse, civil partner, unmarried or same sex partner, fiancé(e) or proposed civil partner will have to show a higher amount of income and/or savings than previously.
...Help for migrants forced to flee their relationships as a result of domestic violence has been made permanently available from 1st April 2012.
...The European Commission has launched a public debate on the right to family reunification of third-country nationals living in the EU. Depending on the outcome of the consultation, the Commission will decide whether any policy follow-up is necessary – such as setting up clear guidelines, modifying the current rules or leaving the legislation as it is.
...The UK Border Agency has issued new policy guidance following the judgment of the Supreme Court in the case of Quila and Bibi v Secretary of State for the Home Department [2011] UKSC 45.
The Supreme Court has issued a landmark ruling, confirming that the ban on the entry into the UK for settlement of foreign spouses or civil partners, unless both parties are aged 21 or over, is unlawful.
Responding to the UK Border Agency consultation on family migration, the Law Society has raised concerns about government proposals aimed at preventing ‘sham’ or forced marriages and abuse of the family immigration route.
The Immigration Minister Damian Green has reaffirmed the importance of tackling abuse of the family migration route, and promoting better community integration for those who come to live permanently in the UK.
