https://freemovement.org.uk Updates, commentary, training and advice on immigration and asylum law Fri, 13 Dec 2024 07:44:49 +0000 en-GB hourly 1 https://wordpress.org/?v=6.7.1 https://freemovement.org.uk/wp-content/uploads/2022/07/cropped-Goose-logo-32x32.png https://freemovement.org.uk 32 32 https://freemovement.org.uk/visa-sponsor-dies-leave-to-remain-as-a-bereaved-partner/?utm_source=rss&utm_medium=rss&utm_campaign=visa-sponsor-dies-leave-to-remain-as-a-bereaved-partner https://freemovement.org.uk/visa-sponsor-dies-leave-to-remain-as-a-bereaved-partner/#comments Thu, 10 Oct 2024 07:30:03 +0000 https://env-7121714.mightybox.site/?p=76535 This post is about what happens to a migrant who is in the UK on a partner visa if their sponsor passes away. If their partner dies before the migrant becomes settled, the last thing on their mind will be their immigration status. However, as status as a partner is based on there being a […]]]> https://freemovement.org.uk/visa-sponsor-dies-leave-to-remain-as-a-bereaved-partner/feed/ 1 https://freemovement.org.uk/appendix-fm-financial-requirements/?utm_source=rss&utm_medium=rss&utm_campaign=appendix-fm-financial-requirements https://freemovement.org.uk/appendix-fm-financial-requirements/#comments Fri, 12 Apr 2024 10:55:08 +0000 https://env-7121714.mightybox.site/?p=73226 The Appendix FM minimum income requirements for spouse and partner visas can catch out even those with enough money to meet them. Having the money only takes you so far: the income must come from a specific source, must be calculated in a certain way, and specified evidence must be provided to prove that the […]]]> https://freemovement.org.uk/appendix-fm-financial-requirements/feed/ 3 https://freemovement.org.uk/appendix-fm-exceptional-circumstances/?utm_source=rss&utm_medium=rss&utm_campaign=appendix-fm-exceptional-circumstances Fri, 12 Apr 2024 09:24:45 +0000 https://env-7121714.mightybox.site/?p=77670 In other posts we have looked at the requirements to be satisfied by a spouse or partner who seek leave to enter or remain. Under Appendix FM, the sponsor can be a British citizen, a settled person, a refugee, or someone with humanitarian protection, limited leave under Appendix EU, Appendix ECAA or earlier provisions regarding […]]]> https://freemovement.org.uk/how-to-apply-for-uk-spouse-partner-visa-appendix-fm/?utm_source=rss&utm_medium=rss&utm_campaign=how-to-apply-for-uk-spouse-partner-visa-appendix-fm https://freemovement.org.uk/how-to-apply-for-uk-spouse-partner-visa-appendix-fm/#comments Fri, 12 Apr 2024 07:29:20 +0000 https://env-7121714.mightybox.site/?p=73652 Spouses and partners of British citizens or people settled in the UK can apply for a visa to join or remain with their loved ones. These applications are dealt with by the Home Office under the immigration rules. Specifically, the part of the rules that applicants need to navigate are “Appendix FM” (FM stands for […]]]> https://freemovement.org.uk/how-to-apply-for-uk-spouse-partner-visa-appendix-fm/feed/ 1 https://freemovement.org.uk/the-180-day-absence-rule-doesnt-apply-to-people-with-a-spouse-or-partner-visa/?utm_source=rss&utm_medium=rss&utm_campaign=the-180-day-absence-rule-doesnt-apply-to-people-with-a-spouse-or-partner-visa https://freemovement.org.uk/the-180-day-absence-rule-doesnt-apply-to-people-with-a-spouse-or-partner-visa/#comments Thu, 30 Sep 2021 08:30:00 +0000 https://env-7121714.mightybox.site/?p=126039 Many UK immigration categories impose a requirement that the visa holder must not be outside the UK for more than 180 days in any 12-month period — that is, if the person wants to apply for indefinite leave to remain. Joanna and Nath have explored the 180-day absence rule, and exceptions to it, before.  The […]]]> https://freemovement.org.uk/the-180-day-absence-rule-doesnt-apply-to-people-with-a-spouse-or-partner-visa/feed/ 1 https://freemovement.org.uk/sponsor-changing-job-is-not-a-reason-to-refuse-a-spouse-visa-appendix-fm-financial-requirements-minimum-income/?utm_source=rss&utm_medium=rss&utm_campaign=sponsor-changing-job-is-not-a-reason-to-refuse-a-spouse-visa-appendix-fm-financial-requirements-minimum-income https://freemovement.org.uk/sponsor-changing-job-is-not-a-reason-to-refuse-a-spouse-visa-appendix-fm-financial-requirements-minimum-income/#comments Thu, 20 May 2021 11:30:00 +0000 https://env-7121714.mightybox.site/?p=154021 If you meet the financial requirements of Appendix FM at the date of application but your sponsor then leaves their job, do you still qualify for a spouse visa? Yes, the Upper Tribunal found in Begum (employment income; Rules/Article 8) [2021] UKUT 115 (IAC). Facts of the case Ms Begum, from Bangladesh, applied for entry […]]]> https://freemovement.org.uk/sponsor-changing-job-is-not-a-reason-to-refuse-a-spouse-visa-appendix-fm-financial-requirements-minimum-income/feed/ 1 https://freemovement.org.uk/article-8-right-to-family-life-in-the-uk/?utm_source=rss&utm_medium=rss&utm_campaign=article-8-right-to-family-life-in-the-uk https://freemovement.org.uk/article-8-right-to-family-life-in-the-uk/#comments Thu, 30 Jul 2020 12:00:00 +0000 https://env-7121714.mightybox.site/?p=131060 Everyone in the UK has the right to respect for their family life under Article 8 of the European Convention on Human Rights. But as a migrant from outside the European Economic Area, what do you actually need in order to be able to stay in the UK on the basis of your family life? […]]]> https://freemovement.org.uk/article-8-right-to-family-life-in-the-uk/feed/ 1 https://freemovement.org.uk/upper-tribunal-reminds-visitors-not-to-try-and-stay-in-the-uk-permanently/?utm_source=rss&utm_medium=rss&utm_campaign=upper-tribunal-reminds-visitors-not-to-try-and-stay-in-the-uk-permanently Mon, 27 Apr 2020 10:00:00 +0000 https://env-7121714.mightybox.site/?p=123806 What happens when you enter the UK as a visitor and then apply to remain here so that you can stay with your British family members? Most immigration lawyers can easily answer this question: your application will be refused. But things can get a bit more complicated. While it is clearly preferable to make the […]]]> https://freemovement.org.uk/stranded-spouses-loophole/?utm_source=rss&utm_medium=rss&utm_campaign=stranded-spouses-loophole https://freemovement.org.uk/stranded-spouses-loophole/#comments Wed, 25 Mar 2020 12:00:00 +0000 https://env-7121714.mightybox.site/?p=121481 Adilah is from Afghanistan. In 2012, she marries a British citizen, and moves to the UK on a spouse visa, which her husband applied for on her behalf. When she arrives in the UK, things are, to say the least, different from what she had imagined. She can’t leave the house alone, she is forced […]]]> https://freemovement.org.uk/stranded-spouses-loophole/feed/ 1 https://freemovement.org.uk/mother-of-two-british-children-denied-visa-to-live-with-them-in-the-uk/?utm_source=rss&utm_medium=rss&utm_campaign=mother-of-two-british-children-denied-visa-to-live-with-them-in-the-uk https://freemovement.org.uk/mother-of-two-british-children-denied-visa-to-live-with-them-in-the-uk/#comments Mon, 24 Feb 2020 10:45:00 +0000 https://env-7121714.mightybox.site/?p=118060 The case of SD (British citizen children – entry clearance) Sri Lanka [2020] UKUT 43 (IAC) shouldn’t come as a surprise to anyone following developments around Appendix FM and the rules relating to the rights of family members of British citizens to move to the UK. That does not, though, make it any less disappointing. […]]]> https://freemovement.org.uk/mother-of-two-british-children-denied-visa-to-live-with-them-in-the-uk/feed/ 1 https://freemovement.org.uk/can-meghan-markle-still-get-british-citizenship-if-she-and-prince-harry-move-abroad/?utm_source=rss&utm_medium=rss&utm_campaign=can-meghan-markle-still-get-british-citizenship-if-she-and-prince-harry-move-abroad Mon, 13 Jan 2020 13:00:00 +0000 https://env-7121714.mightybox.site/?p=114298 The Duke and Duchess of Sussex, Prince Harry and Meghan Markle, have dominated recent news headlines with their announcement that they intend to “balance” their time between North America and the UK, reducing the time spent on official royal engagements. This change of direction raises many questions, of clearly which the most important is: how […]]]> https://freemovement.org.uk/quick-qa-eu-settled-status-for-family-members-of-dual-nationals/?utm_source=rss&utm_medium=rss&utm_campaign=quick-qa-eu-settled-status-for-family-members-of-dual-nationals https://freemovement.org.uk/quick-qa-eu-settled-status-for-family-members-of-dual-nationals/#comments Tue, 26 Nov 2019 10:05:15 +0000 https://env-7121714.mightybox.site/?p=111029 We’ve received the following enquiry about the rules on settled status for EU citizens and their families after Brexit: Can the third country national spouse of a dual EU/British national apply for the EU Settlement Scheme? “Third country national spouse” is immigration lawyers’ jargon for a non-European husband or wife. So, for example, a French […]]]> https://freemovement.org.uk/quick-qa-eu-settled-status-for-family-members-of-dual-nationals/feed/ 5 https://freemovement.org.uk/position-eu-spouses-british-citizens-following-brexit/?utm_source=rss&utm_medium=rss&utm_campaign=position-eu-spouses-british-citizens-following-brexit https://freemovement.org.uk/position-eu-spouses-british-citizens-following-brexit/#comments Tue, 21 May 2019 08:20:15 +0000 https://env-7121714.mightybox.site/?p=43163 The 2016 referendum sent shockwaves through the European community in the UK, but now that the dust has settled, the picture is far less alarming than appeared at first. Various groups who seemed particularly vulnerable in the wake of the vote, including European spouses of British citizens, no longer need to worry. Following a prolonged […]]]> https://freemovement.org.uk/position-eu-spouses-british-citizens-following-brexit/feed/ 1 https://freemovement.org.uk/meghan-markle-british-citizenship-rules/?utm_source=rss&utm_medium=rss&utm_campaign=meghan-markle-british-citizenship-rules Mon, 14 May 2018 12:00:00 +0000 https://env-7121714.mightybox.site/?p=69092 So, the Royal Wedding approaches. But once the bunting is bought, the flags are flown and the merchandise marketed, what happens next for Meghan Markle and Prince Harry? Will they live happily ever after and, if so, where and with what visa? Princes and princesses often seem to come from adjacent realms, presumably with their […]]]> https://freemovement.org.uk/spouse-visa-application-uk-immigration-lawyer/?utm_source=rss&utm_medium=rss&utm_campaign=spouse-visa-application-uk-immigration-lawyer Fri, 23 Feb 2018 08:19:22 +0000 https://env-7121714.mightybox.site/?p=65312 Making an immigration application for clients is all in a day’s work, but working on your own wife’s visa is enough to reduce even an expert to tears, writes an anonymous Free Movement contributor. While courting my wife during a sabbatical abroad, I would worry about things like whether I had bits of food on […]]]> https://freemovement.org.uk/meghan-markle-visa-immigration-rules/?utm_source=rss&utm_medium=rss&utm_campaign=meghan-markle-visa-immigration-rules https://freemovement.org.uk/meghan-markle-visa-immigration-rules/#comments Tue, 28 Nov 2017 10:03:29 +0000 https://env-7121714.mightybox.site/?p=61293 Hearty congratulations from all of us at Free Movement to the former army officer and UN charity worker who are due to marry next year. But given that Meghan Markle is an American citizen, what hoops will the happy couple need to jump through in order to complete their nuptials? You might think that because Ms […]]]> https://freemovement.org.uk/meghan-markle-visa-immigration-rules/feed/ 3 https://freemovement.org.uk/home-office-stroke-not-exceptional-circumstances/?utm_source=rss&utm_medium=rss&utm_campaign=home-office-stroke-not-exceptional-circumstances Fri, 20 Oct 2017 07:01:24 +0000 https://env-7121714.mightybox.site/?p=57714 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 […]]]> https://freemovement.org.uk/home-office-separating-british-man-wife-still-breastfeeding-daughter/?utm_source=rss&utm_medium=rss&utm_campaign=home-office-separating-british-man-wife-still-breastfeeding-daughter Mon, 16 Oct 2017 08:40:14 +0000 https://env-7121714.mightybox.site/?p=57572 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 […]]]> https://freemovement.org.uk/genuine-couple-can-enter-marriage-convenience-says-high-court/?utm_source=rss&utm_medium=rss&utm_campaign=genuine-couple-can-enter-marriage-convenience-says-high-court https://freemovement.org.uk/genuine-couple-can-enter-marriage-convenience-says-high-court/#comments Wed, 16 Aug 2017 07:42:09 +0000 https://env-7121714.mightybox.site/?p=54862 A couple can enter into a “marriage of convenience” even if they are in a genuine relationship. This was, in summary, the finding of the High Court in R (Molina) v Secretary of State for the Home Department [2017] EWHC 1730 (Admin). Background The appellant, Mr Molina, was a Bolivian national. He entered the UK […]]]> https://freemovement.org.uk/genuine-couple-can-enter-marriage-convenience-says-high-court/feed/ 1 https://freemovement.org.uk/supreme-court-confirms-burden-proving-marriage-convenience-rests-home-office/?utm_source=rss&utm_medium=rss&utm_campaign=supreme-court-confirms-burden-proving-marriage-convenience-rests-home-office Wed, 26 Jul 2017 16:37:15 +0000 https://env-7121714.mightybox.site/?p=54833 The Supreme Court has handed down its judgement in the case of Sadovska and another (Appellants) v Secretary of State for the Home Department (Respondent) (Scotland) [2017] UKSC 54. In unanimously allowing the appeal, the Supreme Court ruled that the burden of proof of establishing a ‘marriage of convenience’ falls on the Home Office. The court therefore […]]]>