https://freemovement.org.uk Updates, commentary, training and advice on immigration and asylum law Mon, 06 Jan 2025 15:10:11 +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/two-recent-strasbourg-cases-on-family-life-between-adults/?utm_source=rss&utm_medium=rss&utm_campaign=two-recent-strasbourg-cases-on-family-life-between-adults https://freemovement.org.uk/two-recent-strasbourg-cases-on-family-life-between-adults/#respond Tue, 07 Jan 2025 08:30:00 +0000 https://freemovement.org.uk/?p=218111 The European Court of Human Rights in Strasbourg handed down judgment in two separate cases in December addressing the subject of family life between adult family members outside the “core” nuclear family of spouses, partners, parents and minor children. The court confirms that “additional elements of dependence, involving more than normal emotional ties” are necessary […]]]> https://freemovement.org.uk/two-recent-strasbourg-cases-on-family-life-between-adults/feed/ 0 https://freemovement.org.uk/out-with-the-old/?utm_source=rss&utm_medium=rss&utm_campaign=out-with-the-old https://freemovement.org.uk/out-with-the-old/#comments Wed, 09 Oct 2024 07:30:04 +0000 https://env-7121714.mightybox.site/?p=5689 Since July 2012 the immigration rules for adult dependent relatives have been, in practice, almost impossible to meet. Adult dependent relative visas have one of the highest refusal rates of all immigration routes. Between 2017 and 2020, 96% of applications were refused. But they don’t all fail. In the right circumstances supported by the right evidence they […]]]> https://freemovement.org.uk/out-with-the-old/feed/ 6 https://freemovement.org.uk/adult-dependent-relative-visas-not-impossible/?utm_source=rss&utm_medium=rss&utm_campaign=adult-dependent-relative-visas-not-impossible Tue, 29 Aug 2023 07:30:00 +0000 https://freemovement.org.uk/?p=193136 Adult dependent relative visas have one of the highest refusal rates of all immigration routes. Between 2017 and 2020, 96% of applications were refused. In this article I look at why these applications often go wrong and what you can do to try make them go right. This is not a template for success. It […]]]> https://freemovement.org.uk/statement-of-changes-hc-1496-asylum-eu-settlement-scheme-and-restrictions-on-students/?utm_source=rss&utm_medium=rss&utm_campaign=statement-of-changes-hc-1496-asylum-eu-settlement-scheme-and-restrictions-on-students https://freemovement.org.uk/statement-of-changes-hc-1496-asylum-eu-settlement-scheme-and-restrictions-on-students/#comments Tue, 18 Jul 2023 07:00:00 +0000 https://freemovement.org.uk/?p=191317 On 17 July 2023, a new statement of changes to the Immigration Rules was published. As usual, it is accompanied by an Explanatory Memorandum. Also as usual, it is largely concerned with cracking down on those perceived as abusing immigration law. There are, though, one or two positive changes. Asylum and humanitarian protection There are […]]]> https://freemovement.org.uk/statement-of-changes-hc-1496-asylum-eu-settlement-scheme-and-restrictions-on-students/feed/ 1 https://freemovement.org.uk/new-appendix-adult-dependent-relative-to-the-immigration-rules/?utm_source=rss&utm_medium=rss&utm_campaign=new-appendix-adult-dependent-relative-to-the-immigration-rules Fri, 17 Mar 2023 09:11:51 +0000 https://env-7121714.mightybox.site/?p=185830&preview=true&preview_id=185830 The adult dependent relative rules have been buried in Appendix FM since their inception on 9 July 2012. From 1 June 2023, they have been transposed into their own standalone Appendix Adult Dependent Relative. The new appendix was announced in the 9 March 2023 Statement of Changes to the Immigration Rules HC1160. You can read […]]]> https://freemovement.org.uk/a-decade-of-lost-care-and-relationships-for-generations-the-need-for-a-post-pandemic-review-of-the-adult-dependent-rules/?utm_source=rss&utm_medium=rss&utm_campaign=a-decade-of-lost-care-and-relationships-for-generations-the-need-for-a-post-pandemic-review-of-the-adult-dependent-rules Fri, 12 Aug 2022 09:18:04 +0000 https://env-7121714.mightybox.site/?p=169569 The pandemic threw into sharp focus the overlooked and marginalised needs of the frail and bereaved elderly parents applying to be regarded as part of their settled families in the UK. The 2012 version of the Adult Dependent Rules for adult parents, siblings and others marked a tightening of UK migration criteria, requiring applicants to […]]]> https://freemovement.org.uk/adult-dependent-relatives-outside-the-rules-article-8/?utm_source=rss&utm_medium=rss&utm_campaign=adult-dependent-relatives-outside-the-rules-article-8 Wed, 16 Jun 2021 11:30:00 +0000 https://env-7121714.mightybox.site/?p=155680 Since the introduction of highly restrictive rules for adult dependent relatives there have been numerous stories, all desperately sad, of parents trying and failing to join or remain with their children in the UK. Mobeen v Secretary of State for the Home Department [2021] EWCA Civ 886 is yet another example.  Pakistani widow refused family […]]]> https://freemovement.org.uk/do-dependent-parents-actually-need-to-be-dependent-under-the-eu-settlement-scheme/?utm_source=rss&utm_medium=rss&utm_campaign=do-dependent-parents-actually-need-to-be-dependent-under-the-eu-settlement-scheme https://freemovement.org.uk/do-dependent-parents-actually-need-to-be-dependent-under-the-eu-settlement-scheme/#comments Mon, 16 Sep 2019 11:25:03 +0000 https://env-7121714.mightybox.site/?p=105866 An EU citizen, or their spouse or civil partner, is entitled to have his or her dependent parent continue to live with them or join them in the UK under the EU Settlement Scheme. This has always been the case since the scheme began. But one particularly confusing aspect, even for us lawyers, was the […]]]> https://freemovement.org.uk/do-dependent-parents-actually-need-to-be-dependent-under-the-eu-settlement-scheme/feed/ 1 https://freemovement.org.uk/zambrano-carer-adult-dependent-relative/?utm_source=rss&utm_medium=rss&utm_campaign=zambrano-carer-adult-dependent-relative Fri, 12 Apr 2019 11:23:48 +0000 https://env-7121714.mightybox.site/?p=93690 An adult primary carer of an British citizen can acquire a derivative right to reside under EU law, the Court of Appeal has said in MS (Malaysia) v Secretary of State for the Home Department [2019] EWCA Civ 580. On the facts, it is surprising that the Secretary of State tried to appeal this case […]]]> https://freemovement.org.uk/tribunal-president-says-bus-drivers-and-brain-surgeons-to-be-treated-the-same/?utm_source=rss&utm_medium=rss&utm_campaign=tribunal-president-says-bus-drivers-and-brain-surgeons-to-be-treated-the-same Wed, 17 Oct 2018 12:35:43 +0000 https://env-7121714.mightybox.site/?p=76844 Thakrar (Cart JR; Art 8: value to community) [2018] UKUT 336 (IAC) is a rare example of a case where permission to appeal to the Upper Tribunal was only granted by a High Court judge after a Cart judicial review of the Upper Tribunal. To put it another way, the Upper Tribunal did not think there […]]]> https://freemovement.org.uk/adult-dependent-relatives-still-shut-out/?utm_source=rss&utm_medium=rss&utm_campaign=adult-dependent-relatives-still-shut-out Tue, 24 Apr 2018 06:51:56 +0000 https://env-7121714.mightybox.site/?p=68832 In Ribeli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611, the Court of Appeal reaffirmed the “rigorous and demanding” nature of the adult dependent relative rules, following the judgment in BRITCITS v Secretary of State for the Home Department [2017] EWCA Civ 368. Proving that you have an emotional and psychological need for care from a […]]]> https://freemovement.org.uk/court-appeal-dismisses-challenge-rules-adult-dependent-relatives/?utm_source=rss&utm_medium=rss&utm_campaign=court-appeal-dismisses-challenge-rules-adult-dependent-relatives Tue, 30 May 2017 11:01:05 +0000 https://env-7121714.mightybox.site/?p=51408 The Court of Appeal has dismissed the challenge brought by campaign group Britcits to the restrictive Immigration Rules on the admission to the UK of parents, grandparents and other adult dependent relatives. The case is BRITCITS v Secretary of State for the Home Department [2017] EWCA Civ 368. On 9 July 2012, the Immigration Rules on […]]]> https://freemovement.org.uk/court-appeal-reaffirms-position-adult-dependent-relatives/?utm_source=rss&utm_medium=rss&utm_campaign=court-appeal-reaffirms-position-adult-dependent-relatives Thu, 30 Mar 2017 10:10:37 +0000 https://env-7121714.mightybox.site/?p=48678 In Butt v Secretary of State for the Home Department [2017] EWCA Civ 184 the Court of Appeal considers the weight to be given to the relationship between parents and their adult dependent children in the Article 8 balancing exercise. It is notable – and this was the principal reason the case reached the Court of Appeal […]]]> https://freemovement.org.uk/home-office-reviews-adult-dependent-relatives-rules-for-parents-and-grandparents/?utm_source=rss&utm_medium=rss&utm_campaign=home-office-reviews-adult-dependent-relatives-rules-for-parents-and-grandparents https://freemovement.org.uk/home-office-reviews-adult-dependent-relatives-rules-for-parents-and-grandparents/#comments Thu, 15 Dec 2016 11:42:29 +0000 https://env-7121714.mightybox.site/?p=41125 The Home Office has reviewed operation of the cruel Immigration Rules for Adult Dependent Relatives such as parents or grandparents introduced in July 2012. They are considered to be meeting their policy objectives and will not be changed, the review has concluded. Senior policy adviser Clive Peckover writes: As the note concludes, this reflects the […]]]> https://freemovement.org.uk/home-office-reviews-adult-dependent-relatives-rules-for-parents-and-grandparents/feed/ 3 https://freemovement.org.uk/high-court-finds-adult-dependent-relative-rule-lawful-but-opens-door-to-individual-challenges/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-finds-adult-dependent-relative-rule-lawful-but-opens-door-to-individual-challenges Fri, 20 May 2016 07:54:00 +0000 https://env-7121714.mightybox.site/?p=31561 The challenge by organisation Britcits to the virtual prohibition on the entry of adult dependant relatives introduced in 2012 has been dismissed: R (on the application of Britcits) v Secretary of State for the Home Department [2016] EWHC 956 (Admin). Despite the disappointing outcome, though, there is a distinct silver lining to the judgment. For background reading […]]]>